HomeMy WebLinkAboutContract 26030 STATE OF TEXAS § CITY SECRETAfiy
§ CONTRACT NO. cN16 0 ,10
COUNTY OF TARRANT §
THIS contract is made and entered into by and between the City of Fort Worth ("City"), acting and
through Libby Watson, its duly authorized Assistant City Manager, and Fort Worth Area Habitat For
Humanity, Inc. ("Contractor"), by and through Gail Ryan, its duly authorized Executive Director.
Contractor's business address is 3345 S. Jones, Fort Worth 76110.
WHEREAS, the City of Fort Worth has been notified that it will receive grant monies from the United
States Department of Housing and Urban Development ("HUD") through the Community Development
Block Grant ("CDBG") for Year XXVI and,
WHEREAS, the primary purpose of the CDBG Program is to benefit low and moderate income citizens
of Fort Worth; and,
WHEREAS, the citizens of Fort Worth, the Community Development Council, and the City Council
of Fort Worth have determined that decent, safe and affordable housing is needed by low and moderate
income citizens of Fort Worth;
NOW, THEREFORE, THIS AGREEMENT FURTHER WITNESSETH:
THAT, the parties covenant and agree as follows:
1. Scope of'Services
a. Contractor will use CDBG funds to purchase nine (9) lots on which it will construct new homes to
provide homeownership opportunities to low and moderate citizens of Fort Worth under the program
name Project 100 Homes ("Program"), for the term beginning June 1, 2000, and ending May 31, 2001.
The homes will be constructed with private funds,donated materials and volunteer labor. This Contract
may be extended for one (1) one-year term. Contractor shall request the extension in writing and submit
the request to the City sixty (60) days prior to the end of the contract. The City may then approve the
extension of the Contract for another year. It is specifically understood that it is the City's sole
discretion whether to approve or deny the request.
b. Contractor will provide the services and activities delineated 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 the performance of the Contractor against the goals and performance standards
required herein. Substandard performance as determined by City 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, contract suspension or termination
procedures will be initiated.
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2. Compensation and Method of Payment
a. City will disburse CDBG Year XXVI monies in an amount up to $22,500 to Contractor on a
reimbursement of expenses basis.
b. Payment will be processed by City following receipt from Contractor of the following monthly
financial documents: (1) Attachment I-Sub-Grantee's Request For Funds, (2) Attachment II-Detail
Statement of Costs, and (3) Attachment III-Expenditures Worksheet Report. Reimbursement for the
payment of eligible expenses shall be made against the line item budget specified in Exhibit C-Program
Operating Budget and in accordance with performance specified in Exhibit B-Program Services
Schedule.
c. Contractor agrees to utilize all disbursed CDBG fiends for the benefit of the Program. Contractor
agrees that funds will be expended in accordance with the Program Operating Budget. Contractor may
not increase or decrease line-item amounts in the approved CDBG Program Operating Budget without
prior written approval by the City.
d. It is understood that the total cost for operation of this program is $1,396,842 and that Contractor
will obtain the remaining funds in excess of the CDBG amount as detailed in the Program Operating
Budget. Contractor will notify City promptly of any additional fiinding it receives for operation of the
Program, and City reserves the right to amend the Program Operating Budget in such instances.
e. Contractor agrees to keep all CDBG monies 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 Contractor will not commingle CDBG monies with any other funds in any manner which would
prevent City from readily identifying program 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 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
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 Agreement
required by HUD regulations specified in 24 CFR § 570.506. In addition, Contractor agrees to keep
records to fiilly document all expenditures charged to the CDBG program. The documentation must
support the amounts charged to Program and demonstrate that the expenditures were appropriate
to the stated goals of the Program and allowable under applicable federal, state and City guidelines.
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ii. Retention
(1) All records pertaining to Program shall be retained for five (5) years following the date of
termination of this contract. Contractor may destroy Program records at the end of this five (5)year
period if no outstanding audit finding exists.
(2) Contractor will retain Program loan records until (5) years after the expiration of the loan.
iii. Property Records
The contractor shall maintain real property inventory records which clearly identify properties
purchased, improved, or sold. Properties retained shall meet eligibility criteria and shall conform
with 24 CFR § 570.505.
iv. Close Outs
The Contractor's obligation to City shall not end until all close-out requirements are completed.
Activities during this close-out 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 representatives, shall have
access to any books, documents, records and papers relating to the operations of Contractor under
this Agreement for the purpose of audit, examination, exception and transcription at all reasonable
hours at all offices of Contractor.
(2) For all contracts in the amount of$300,000 or more, Contractor must submit to City an an lual
audit prepared in accordance with 24 CFR Sections § 570.502-570.503 generally, with specific
reference to 24 CFR 84 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 CDBG funds in an amount
proportional to that of the CDBG funds used in contractor's total agency operating budget.
(3) City reserves the right to perform an audit of Contractor's program operations and finances at
any time during the terns of this contract, if City detenmines that such audit is necessary for City's
compliance with OMB Circular A-128. Contractor agrees to allow access to all pertinent 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).
(4) If as a result of any audit it is determined that Contractor has misused, misapplied or
misappropriated all or any part of the grant funds described herein, Contractor agrees to reimburse
the City the amount of such monies so misused, misapplied or misappropriated, plus the amount
of any sanction, penalty or other charge levied against City because of such misuse, misapplication
or misappropriation.
4. Reporting Procedures
a. 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 monies and that any
such program income is subject to the terms of this contract. CDBG monies may be expended by the
Contractor 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 the overall operating
budget.
b. Progress Reports
i. Contractor will submit monthly Attaclumient IV- Program Services Report to City 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`x' of the month following the month
which is reported. The City is under no obligation to disburse funds for expenditures which
occurred prior to the first day of the month for which the report is submitted.
c. Procurement
i. Compliance
The 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 herein.
ii. OMB Standards
The Contractor shall procure all materials, property, or services in accordance with the requirements
of 24 CFR 84, Procurement Standards and Property Management Standards as modified by 24 CFR
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 fiends under this contract will be used solely for operation of the
Program. Contractor agrees to obtain City approval prior to purchase of property. Contractor agrees
to notify City upon receipt of property so that it may be properly tagged and inventoried. Title to such
property will be vested with the City, and, at the termination of the Program for which CDBG funds
have been received, Contractor will deliver all such property to City for disposition at City's sole
discretion.
6. Applicable Laii,s
a. Federal
Contractor agrees to comply with the following laws and the regulations issued thereunder 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 1 L375 and as supplemented by Department of
Labor regulations (41 CFR , Part 60)
• The Age Discrimination in Employment Act of 1973 (29 USC 794)
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• Section 504 of the Rehabilitation Act of 1973 (29 USC 794)
• The Immigration Reform and Control Act of 1986 (Pub. L. 99-603, 100 Stat. 3359 , as
amended), specifically including the provisions requiring employer verification of the legal
status of its employees
• The Housing and Community Development Act of 1987 (Pub. L. 100-242, 101 Stat. 1815, as
amended)
• The Americans with Disabilities Act of 1990 (42 USC 12101 et seq)
• Drug Free Workplace Act of 1988 (24 CFR part 23, Subpart F)
b. Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 USC 1701
As the work to be performed under this contract is on a project assisted under a program
providing direct Federal financial assistance from the Department of housing and Urban Development
and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968,
as amended, 12 USC 1701, Contractor convenants to abide by the requirements of the said Section 3.
It requires as follows:
(i) That, to the greatest extent feasible, opportunities for training and employment be given to
lower income residents of the project area, and
(ii) That, to the greatest extent feasible, contracts for work in connection with the project be
awarded to business concerns which are located in or owned in substantial part by persons
residing in the area of the project.
Contractor will comply with the provisions of said Section 3 and the regulations issued pursuant
thereto by the Secretary of Housing and Urban Development, set forth in 24 CFR 135, and all applicable
rules and orders of the Department issued thereunder prior to the execution of this contract. Contractor
certifies and agrees that it is under no contractual or other disability which would prevent it from
complying with these requirements.
Contractor agrees that it will send to each labor organization or representative of workers with
which it has a collective bargaining agreement or other contract or understanding, if any, a notice
advising the said labor organization or workers representatives of its commitments under this Section
3 clause and shall post copies of the notice in conspicuous places available to employees and applicants
for employment or training.
Contractor agrees that it will include the said Section 3 clause in every subcontract for work in
connection with the project and will, at direction of City, take appropriate action pursuant to the
subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary
of Housing and Urban Development, 24 CFR 135. Contractor agrees that it will not subcontract with
any subcontractor where it has knowledge that the latter has been found in violation of regulations under
24 CFR 135 and will not let any contract unless the subcontractor has first provided Contractor with a
preliminary statement of ability to comply with the requirements of these regulations.
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City and Contractor understand and agree that compliance with the provisions of Section 3,the
regulations set forth in 24 CFR 135, and all applicable rules and orders of the Department issued
thereunder prior to the execution of this contract shall be a condition of the Federal financial assistance
provided to the project, binding upon the City and the Contractor, and their respective successors,
assigns and subcontractors. Failure to fulfill these requirements shall subject Contractor and its
subcontractors, its 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 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 ordinances, rules and regulations of the City of Fort
Worth and the Housing and Community Development Act of 1974 (Pub. L. 93-383, 885 Stat. 633,), as
amended, and all regulations pertaining thereto. Contractor 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 same. It is agreed and understood that, if City calls
the attention of Contractor to 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. Noncliscrimination
a. Contractor, in the execution, performance or attempted performance of this contract and agreement,
will not unlawfully discriminate against any person or persons because of sex, race, religion, age,
disability, color or national origin, nor will Contractor permit its officers, members, agents, employees,
subcontractors or program participants to engage in such discrimination.
b. In accordance with the policy of the Executive Branch of the federal government, 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 agreement.
e. This agreement 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 of the
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City of Fort Worth, 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 performed hereunder. Contractor shall
incorporate, or cause to be incorporated, like langua(,e prohibiting such interest in all contracts and
subcontracts hereunder.
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 monies transferred hereunder or be
financially interested, directly or indirectly, in the sale to Contractor of any land, materials, supplies or
services purchased with any funds transferred hereunder, except on behalf of Contractor, as an officer,
employee, member or program participant. Any willful violation of this paragraph with the knowledge,
expressed or implied, of Contractor or its subcontractors shall render this contract voidable by the City
of Fort North.
9. Minorite,and IVomen Business Enterprise C'0177711itMelu
Contractor acyrees to abide by the City of Fort Worth's policy to involve Minority and Women Business
Enterprises (h4WBEs) 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. Therefore, Contractor agrees
to incorporate City Ordinance No. 11923, 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. !Von-Assign777ent
Contractor will not assign any or all of its rights or responsibilities under this contract without the prior
written approval of City. Any purported assignment without such approval will be a breach of this
contract and void in all respects.
11. In(lel)ernlent 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 invitees. 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
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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
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 agreement 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 injur}', 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 seiA,ices 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 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.
b. Contractor will maintain a blanket fidelity coverage in the form of an insurance bond in the amount
of$22,500 to insure against loss from the fraud, theft or dishonesty of any of Contractor's officers,
agents, trustees, directors or employees. The proceeds of such bond shall be used to reimburse City for
any and all loss of CDGB monies 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 uses and benefit of Contractor.
e. Contractor shall furnish to the 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 and agreement. Contractor shall maintain the following coverages
and limits thereof:
i. Commercial General Liability Insurance
$500,000 each occurrence
$500,000 aggregate limit
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ii. Business Automobile Liability Insurance
$500,000 each accident
Insurance policy shall be endorsed to cover"Any Auto".
Pending availability of the following coverage, and at the discretion of the Contractor,
the policy shall be the primary responding insurance policy versus a personal auto
insurance policy if or when in the course of Contractor's business as contracted herein.
iii. Directors and Officers Insurance
Optional (Highly Recommended)
Note: This insurance shall cover the Contractor and any associated Board of Directors members.
iv. Workers' Compensation Insurance
Part A: Statutory Limits
Part B: Employer's Liability
$500,000 each accident
$500,000 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, rehabilitation. Coverage shall be maintained by
Contractor or its subcontractors. In the event the respective subcontractors do not maintain
coverage, the Contractor 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 that Contractor shall
revise such amounts within thirty (30) days following notice to Contractor of such requirements.
Contractor will submit to City document 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 to provide City with a maximum
sixty (60) days 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 of Fort Worth as an
additional insured as its interests may appear. Additional insured parties shall include employees,
officers, agents, and volunteers of the City of Fort Worth.
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 the City of Fort Worth.
Any failure on part of the City to request certificate(s) of insurance shall not be construed
as a waiver of such requirement nor as a waiver of the insurance requirements themselves.
Insurers of Contractor'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 the 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 the
City of Fort Worth.
Deductible limits on insurance policies shall not exceed $5,000 per occurrence unless
otherwise approved by the City of Fort Worth.
In the event there are any local, federal or other regulatory insurance or bonding
requirements for the housing program addressed in this contract, should such requirements exceed
those specified herein, the former shall prevail.
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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 same; and,
Contractor shall require its subcontractors to have the City of Fort Worth and the Contractor
endorsed as additional insureds (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 the City of Fort Worth.
12. b6'aivet• oflmmunity
If Contractor, as a charitable or nonprofit organization, 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.
13. Termination
a. In addition to, and not in substitution for, other provisions of this Agreement 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 agreement is wholly conditioned upon the actual receipt by City of Federal CDBG Year XXVI
funds; that all monies distributed to Contractor hereunder shall be exclusively from Federal monies
received under said grant and not from any monies of City; and that if such funds under said grant are
not timely forthcoming, in whole or in part, City may, at its sole discretion, terminate this contract and
agreement 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 the best interest
of City, 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. If non-CDBG funds included in the Operating Budget
are not forthcoming to Contractor during the contract term, City may terminate this contract.
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 monies, 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 terminated portions of the
contract.
L Contractor will return to City any unused monies previously advanced by City under this contract
within thirty (30) days of the effective date of contract termination. City \will have no responsibility or
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liability for Contractor's expenditures or actions occurring after the effective date of contract
termination.
14. 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 fiends.
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 shalt complete and submit Standard
Form-LLL, Disclosure Form to Report Lobbying," in accordance with its instructions.
15. 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 agreement are severable, and, if for any reason a clause, sentence. paragraph
or other part of this agreement 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. The failure of the City to insist upon the performance of any term or provision of this agreement
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 and agreement, 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 hereto
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 to this contract.
"u ` t U PG'JV`'U'
I1 Jiir P�`Ci `N�i"^UfL�W�1,�u
V YEN
IN WITNESS WHEREOF, the arties hereto have xec ted four copies of this contract in Fort Worth,
Tarrant County, Texas, this� day of , A.D. 2000.
CITY OF FORT WORTH FORT WORTH AREA HABITAT FOR
HUMANITY, INC.
By: By: �g � +�r
Libby Watson Gail Ryan
Assistant City Manager Executive Director
APPROVED AS TO FORM AND LEGALITY:
J
Asst. City Attorney
.AiTTi✓ST:
iY ity Secretary 7 & -00
Contract Authorization
Date
12
CC��(tif����E� jQ,alkG4'
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the uOv
s��� � d aut�►ority, a Notary public in and for the State of Texas, on this day
personally appeared LiWattso known to me to be the person whose name is subscribed to the
foregoing instrument, and acknowledged to me that the same was the act of the City of Fort Worth and that
she executed the same as the act of said City of Fort Worth for the purposes and consideration therein
expressed and in the capacity therein stated. .
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
A.D. 2000.
----------------------
ROSELLA BARNES
NOTARY PUBLIC Notary Public in and for
•, � ,
StOU of Tons
Comm Ems,024A-2-QO1 the State of Texas
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day
personally appeared Gail Ryan, known to me to be the person whose name is subscribed to the foregoing
instrument, and acknowledged to me that she executed the same for the purposes and consideration therein
expressed, as the act and deed for Fort Worth Area Habitat For Humanity Inc. and in the capacity therein
stated as its duly authorized officer or representative.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this /,Z day of
A.D. 2000.
CARV1 N.Wr otary Public in d fol
f �• Mrr� the State of Texas
Sept 25,2001 ,
13
EXHIBIT A
PROGRAM SUMMARY
PROGRAM TITLE
HABITAT FOR HUMANITY-PROJECT 100 HOMES
CDBG Year XXVI
PERSONAL SERVICES $0
SUPPLIES $0.00
CONTRACTUAL SERVICES(Land Acqusition) $22,500.00
CAPITAL OUTLAY $0.00
TOTAL $22,500.00
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 1,2000 to May 31,2001.
PROGRAM OBJECTIVES:
To purchase approximately 9 lots
PROGRAM MEASURES: Projected
Year XXVI
Number of lots purchased 9
I
EXHIBIT B
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® EXHIBIT C
Organization: Fort Worth Area Habitat for Humanity,Inc. Program Title: Project 100 Houses
PROGRAM BUDGET
Total Grant Other Sources**
Expense Category Budget Budget [C] [D] [E] 1F]
IZI [Bl
PERSONAL SERVICES
Salaries 383,794 104,770 49,024 60,000 170,000
FICA 23,798 23,798
Life Insurance 0
Health Insurance 1 12,000 12,000
Unemployment-State 0
Unemployment-Federal 0
Worker's Compensation 7,800 7,800
Retirement 0
SUPPLIES
Office Supplies 8,500 8,500
Postage 12,650 12,650
Teaching Aids 0 0
Other(Specify) * 868,430 1 22,500 1 90,000 1 677,230 78,700
CONTRACTUAL SERVICES
Telephone 13,000 I 13,000
Electric 4,000 I 4,000
Gas[utilities] 2,500 2,500
Water/Waste Disposal 1,000 1,000
Rent[Building] 0 0
Custodial Services 1,300 1,300
Office Equipment Rental * 1,100 1,100
Printing 17,150 17,1_50
Repairs 4,200 4,200
Fidelity Bond*** 180 180
Liability Insurance*** 640 640
Legal&Accounting 15,000 15,000
Private Auto Allowance 400 400
Conference&Seminars 3,400 3,400
CAPITAL OUTLAY
Furniture, Fixtures/Renovation 6,000 I 6,000
Office Equipment, Computers 10,000 10,000 j
Office Equipment
TOTALS 1,396,842.00 22,500 218,568 811,274 174,500 170,000
Note:Column A should be the total of Columns B through F.
*Includes cost of materials:5645,000 for 20 houses;cost of land:550,000;cost of tools: 510,000; cost of equipment rental:51,100,tithe to Habitat
for Humanity International: 530,00;cost of neighbor/rood repair:54,200;and other volunteer expenses:5128,130.
*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 :
***Fidelity bond and liability insurance are required of all subcontractors and may be paid from grant funds or otTer, r}ds.�_
Cor G
[C] Self Support: Restore Income& Mortgage Income [El Grants P'''�`-I I'''yi u� �.,UG�
1D] Faith Groups,Corporations,In-Kind.Organizations&Accelerated Assets [F] Individuals n rr ^
E
6 o 'isyv ?J L,IIP LO
Organization:.: Fort North Area Habitat for Humanity,Inc. Program Title: Project 100 Houses
Lot Purchase Budget:
9 lots at an average price of$2,500 each= $22,500.00
6A
G GIA r C'5''
GUc ���� ��1!`I�UUp Y&
EXHIBIT D
INDEPENDENT AUDIT REQUIREMENT
BUSINESS/AGENCY NAME:
PROGRAM:
AMOUNT FUNDED: $
Name of Independent Auditor who will perform agency audit:
(Independent Auditor)
Date audit is to perform:
(Month and Year)
The following language is a condition of your contract with the City:
"In accordance with OMB Circulars A-128 and A-133,
for all contracts in the amount of$300,000 or more,
Contractor must submit to City an annual audit of its
program operations and finances, covering either its
fiscal year during which this contract is in force or
covering the period of this contract. This audit must be
prepared by an independent certified public accountant
and must be submitted within three(3) months of its
completion . Costs of preparation of this audit may be
an allowable expenditure of federal funds in an amount
proportional to that of the federal funds used in
Contractor's total agency operating budget."
Signature
Date
ATTACHMENT I
CITY OF FORT WORTH
HOUSING DEPARTMENT
REQUEST FOR FUNDS
Agency Program Name:
Contract Number: Report Period:
Contract Amount:
Date of Request:
SECTIONI(AGENCY) AZI
; : rR., Current M, n`th .;:n G m laTi �
CASH BALANCE ANALYSIS FOR APR
I. Beginning Cash Balance $ $
2. Amount Received:
Program Income $ $
City of Fort Worth $ $
Interest Earned $ $
3. Total Funds Available(I +2) $ $
4. Less Expenditure(detail statement cost) $ $
5. ENDING CASH BALANCE (3-4) $ $
Operating Cost , - ...
6. Estimated Expenditures $
7. Funds Needed(6-5) $
8. Less Estimated Program Income $
9. Unpaid Request for Payment Previously Submitted $
10. Amount of This Request(7-8 &9) $
TOTAL AMOUN IZEQKI• Eb> D
SECTION II
(CITY) ' s i r . r �z � _{• = -+= g . ?_ _ =. '.� ;'t;' : .
1. MARS-Purchasing Request
A. MARS INPUT: Vendor/PO Number/Requisition Number
B. Fund/Account/Center
C. Total Amount of this Request
SECTION III
1. Verification
A. MARS- Purchasing:
(Name)
B. Contract Manager:
(Name)
C. Accounting:
(Name)
2. Authorization
A. Agency: /
(Name)
B. Mgmt & Budget
Administrator
(Name)
Housing Director
)F OVER Sd.500.00 (Name) ��UK5
E1�D. Y 91'.
• - ATTACHMENT II
CITY OF FORT WORTH
HOUSING DEPARTMENT
MANAGEMENT AND BUDGET DIVISION
DETAIL STATEMENT OF COSTS
CONTRACT NO. DATE
AGENCY
TO
PROGRAM REPORT PERIOD
PROGRAM MONTHLY CUMULATIVE
COST CATEGORY ACCOUNT BUDGET EXPENDITURES TO DATE BALANCE
PERSONAL SERVICES
Salaries 516010
FICA 518010
Life Insurance 518050
1lealth Insurance 518060
Unemployment-Federal 518090
Unemployment Tax-State 518090
Worker's Comp 518040
Retirement 518070
SUPPLIES
Office Supplies 521010
Postage 521020
Teaching Aids 522030
Food Supplies 522030
Other Operating Supplies 523300
CONTRACTUAL SERVICES
"telephone 535040
Electric 535020
Gas(Utility) 535010
Water/Waste Disposal 535030
Rent(Building) 537010
Custodial Services 539220
Office Equipment Rental 537030
Printing 533030
Repairs 53600
Fidelity Bond 538210
Liabilitv Insurance 534020
Legal&Accounting 538060
Private Auto Allowance-Local 532130
Advertising 533010
Conferences&Seminars 531 180
Contractual Services--Land Acq. 539120
Indirect Cost 517010
CAPITAL OUTLAY
Furniture.Fixtures 541330
Office Equipment 541370
Property Insurance
TOTAL
Sub-Contractors Certification: 1 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 agreement.
NAME and TITLE OF AUTHORIZED OFFICER SIGNATURE and D £-- —
FTo K0Ir'THQ MRs
Attachment III
C(TY OF FORT WORTH
HOUSING DEPARTMENT
CONTRACT MANAGEMENT DIVISION
EXPENDITURES WORKSHEET
ce+cr aEpORT FsvOD
ROGfLuc CONTRACT NO. DATE OF>~EQUEsT
40. DATE CHECK NO. PAYEE DESCRIPTION ACCOUNT NO. AMOUNT
1 '
2
3
4
5
6
7
8 '
9
10
f1
12
13
14
15
16
17
18
19
20
21
22 r
23
24
26
TOTAL
NAME and TITLE OF AUTHORIZE OFFICER SIGNATURE and DATE , ��
ATTACHMENT IV
HABITAT FOR HUMANITY
PROGRAM SERVICES
MONTHLY REPORT
MONTH OF
This Year to
Status of Activities Month Date
Number of Homes Sold
Number of Homes Constructed
Number of Homes Under
Construction
Number of Lots Acquired
Signature of Aut orized Representative Date
�M�r (-I''mj Eli,
U Uo 17�'':i'C.'�ilVy �VINn
Homes Sold
Month Year to Date
Homes Constructed
Month Year to Date
Homes Under Construction
Month Year to Date
Lots Acquired
Month Year to Date
%t.-,S P'D
MI
FTo �,ll`., I➢ Tao
City of Fort Worth, Texas
"agor And Council (Communication
DATE REFERENCE NUMBER LOG NAMEPAGE
5/2/00 **C-17991 13CONTRACTS 1 of 3
SUBJECT COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) YEAR XXVI, EMERGENCY
SHELTER GRANT (ESG) YEAR 2000-2001, AND HOUSING OPPORTUNITIES FOR
PERSONS WITH AIDS HOPWA YEAR 2000-2001 CONTRACT ACTIVITIES
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute CDBG Year XXVI, ESG
Year 2000-2001 and HOPWA Year 2000-2001 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, 2000, and ending
May 31, 2001:
COMMUNITY DEVELOPMENT BLOCK GRANT(CDBG)
Contract with the listed agencies for an amount not to exceed the following:
A. NHS of Fort Worth, Inc. $ 55,958
B. Habitat for Humanity $ 22,500
C. REACH, Inc. $ 27,000
D. Communities in School $ 40,050
E. Southside Area Ministries (Sam's Kids) $ 7,027
F. Boys and Girls Clubs (JACKS) $ 19,111
G. Boys and Girls Clubs (KEYS) $ 28,344
H. Boys and Girls Clubs (PASS) $ 27,000
I. Bee & Bell Education Center $ 35,429
J. Big Brothers and Big Sisters of Tarrant County $ 15,094
K. Booker T. Sparks School of the Performing Arts $ 36,000
L. Bridge Emergency Youth Services $ 45,000
M. Stone Soup Connection $ 20,120
N. Camp Fire $ 27,000
O. YWCA of Fort Worth (AIM) $ 31,986
P. YWCA of Fort Worth (Child Care) $150,000
Q. Day Care Association $130,000
R. Fort Worth Housing Authority $ 30,000
S. YMCA of Fort Worth $120,375
T. Clayton Child Care $ 31,500
U. Southside Area Ministries (Seniors) $ 2,570
V. Senior Citizens Services of Tarrant County (Como) $ 17,597
W. Meals on Wheels $ 33,696
X. Senior Citizens Services of Tarrant County (Riverside) $ 15,271
Y. Mental Health Association $ 17,500
Z. Near Northside Partners $ 17,100
(list continued next page)
City of Fort Worth, Texas
4Vayjor And Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
5/2/00 **C-17991 13CONTRACTS 2 of 3
SUBJECT COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) YEAR XXVI, EMERGENCY
SHELTER GRANT (ESG) YEAR 2000-2001, AND HOUSING OPPORTUNITIES FOR
PERSONS WITH AIDS HOPWA YEAR 2000-2001 CONTRACT ACTIVITIES
AA. NSEAM $ 17,100
BB. Women's Center of Tarrant County $ 11,880
CC, Job, Inc. $111,565
DD. Fort Worth SER $110,079
EE. A-Prep Center of Tarrant County $109,350
FF. ACCION Texas $ 54,000
EMERGENCY SHELTER GRANT(ESG)
A. YWCA $ 27,214
B. Cornerstone Assistance Network $ 16,750
C. Presbyterian Night Shelter $168,120
D. Bridge Emergency Youth Services $ 8,736
E. Women's Haven of Tarrant County, Inc. $ 26,769
F. Salvation Army $ 10,811
HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA)
A. AIDS Outreach Center, Inc. $412,683
B. Tarrant County Samaritan Housing, Inc. $192,609
C. AIDS Resources of Rural Texas- A.R.R.T. $ 54,858
DISCUSSION:
On April 11, 2000, the City Council approved and adopted the budgets and the appropriation ordinance
increasing estimated receipts and appropriations for the Twenty-Sixth (26th) Year Community
Development Block Grant, (2000-2001) Emergency Shelter Grant (ESG) and (2000-2001) Housing
Opportunities for Persons with AIDS (HOPWA) as part of the City's Consolidated Plan. The
Consolidated Plan, as adopted by the City Council, included program descriptions for each of the above,
funded programs.
The above programs are consistent with the City's approved priorities and the City Council's prior
policies, and meet the requirements of HUD's regulations concerning "eligible activities".
•0.
i.t.
City of Fort Worth, Texas
"agor and Coun"'I Communication
DATE REFERENCE NUMBER LOG NAME PAGE
5/2/00 **C-17991 13CONTRACTS 3 of 3
SUBJECT COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) YEAR XXVI, EMERGENCY
SHELTER GRANT (ESG) YEAR 2000-2001, AND HOUSING OPPORTUNITIES FOR
PERSONS WITH AIDS HOPWA YEAR 2000-2001 CONTRACT ACTIVITIES
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that, upon approval and receipt of adequate funding from the U.S.
Department of Housing and Urban Development, funds will be available in the operating budget, as
appropriated, of the Grants Fund.
CB:j
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
APPROVF.9
Charles Boswell 8511 CITY COUNCIL
Originating Department Head:
MAY 2 2000
Joe Paniagua 6168 (from)
Additional Information Contact:
City Secretary of the
City of Fort Worth,Texas
Joe Paniagua 6168