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Contract 47291
CITY COWRACTft STATE OF TEXAS § COUNTY OF TARRANT § This contract ("Contract'') is made and entered into by and between the City of Fort Worth (hereafter "City") and Rehabilitation, Education and Advocacy for Persons with Handicaps, dba REACH, Inc. (hereafter "Agency"), a Texas non-profit corporation. City and Agency may be referred to individually as a"Party" and jointly as "the Parties". The Parties state as follows: WHEREAS, City receives grant monies from the United States Department of Housing and Urban Development through the Community Development Block Grant ("CDBG") Program, Program No. B-15-MC-48-0010, Catalog of Federal Domestic Assistance No. 14.218; WHEREAS, a national objective of the CDBG program is to benefit benefit low and moderate income citizens in accordance with 24 CFR Part 570, as amended from time to time; WHEREAS, Agency submitted a proposal to use CDBG funds for a program to serve individuals and families, 100% of whom must be low and moderate income; WHEREAS, City citizens, the Community Development Council, and the City Council have determined that CDBG programs are needed by the City's citizens. NOW, THEREFORE,the Parties understand and agree as follows: I INCORPORATION OF RECITALS. City and Agency hereby agree that the recitals set forth above are true and correct and form the basis upon which the Parties have entered into this Contract. 2. DEFINITIONS. In addition to terms defined in the body of this Contract,the terms set forth below shall have the definitions ascribed to them as follows: Area Median Income or AMI means the median family income for the Fort Worth-Arlington metropolitan statistical area as established annually by HUD. The 2015 income limits are attached hereto as EXHIBIT "A-1"—2015 HUD Income Limits. Business Diversity Enterprise Ordinance or BDE means the City's Business Diversity Ordinance, Ordinance No. 20020-12-2011. b� G means Community Development Block Grant. win. 21, �o plete Documentation means the following documentation as applicable: , o ci Attachments III, and III, with supporting documentation including:,,, rw ii'i �1� � 1� g ,� I"iC till Fit air �i�3 q CDBG REHABILITATION CONTRACT 2015-2016 I Rehabilitation,Education and Advocacy for Persons with Handicaps, dba REACH,Inc. Rev.10.302015 l�°f o Proof of expense: copies of timesheets, invoices, leases, service contracts or other documentation showing that payment is due by Agency. o Proof of payment: cancelled checks, bank statements, or wire transfers necessary to demonstrate that amounts due by Agency were actually paid by Agency. o Proof of client eligibility: Source Documentation for all clients participating in the Program. • Complete Documentation shall meet the standards described in the attached EXHIBIT "F" - Standards for Complete Documentation. • Any other document or record reasonably necessary to verify costs spent and client eligibility for the Program. CDBG Funds means the CDBG grant funds supplied by City to Agency under the terms of this Contract. CDBG Regulations means regulations found at 24 CFR Part 570 et seq. DBE means disadvantaged business enterprise in accordance with 49 CFR Part 26. Director means the Director of the Neighborhood Services Department. Effective Date means October 1, 2015. HUD means the United States Department of Housing and Urban Development. IDIS means Integrated Disbursement Information System,HUD's project tracking system. Income Eligible Client means a client whose annual income adjusted for family size does not exceed 80% of AMI using the most current HUD Income Guidelines and Technical Guidance for Determining Income and Allowances. The definition of annual income to determine client income eligibility shall be the definition contained in 24 CFR Part 5.609, as amended from time to time. National Objective means an activity that benefits low and moderate income persons. For the purposes of this Contract, 100% of the clients served by the Program must be Income Eligible Clients. Neighborhood Services Department means the City's Neighborhood Services Department. OMB means the Office of Management and Budget. Program means the services described in EXHIBIT "A"—Program Summary. Reimbursement Request means all reports and other documentation described in Section 9. CDBG REHABILITATION CONTRACT 2015-2016 Page 2 Rehabilitation,Education and Advocacy for Persons with Handicaps,dba REACH,Inc. Rev.1030.2015 Source Documentation means documentation of full household income of any type described under the definition of annual income in 24 CFR Part 5.609, including but not limited to copies of paychecks, Social Security and disability verification letters, interest or rental income statements, retirement income statements, child support and alimony verification, unemployment benefit letters, and the like. Unduplicated Clients means a cow-it of all clients served than oce in Program at least once in t Term will only be Contract Term. Clients served by the Program more counted the first time they are served when determining the total count of Unduplicated Clients. 3. TERM. The term of this Contract begins on the Effective Date and terminates on September 30, 2016 unless earlier terminated as provided in this Contract. 4. DUTIES AND RESPONSIBILITIES OF CITY. 4.1 Provide CDBG Funds. City shall provide up to $100,000.00 of CDBG Funds under the terms and conditions of this Contract. 4.2 Monitor. City will monitor the activities and performance of Agency and any of its contractors, subcontractors or vendors as necessary, but no less than annually. Monitoring by City will include determining whether Agency is meeting the National Objective during the term of this Contract. 5. DUTIES AND RESPONSIBILITIES OF AGENCY. 5.1 Required Services. Agency shall perform the services described in EXHIBIT "A"_Program Summary in accordance with the terms and conditions of this Contract. 5.2 Use of CDBG Funds. 5.2.1. Compliance with CDBG Regulations and Contract. Agency shall be reimbursed for eligible Program costs with CDBG Funds only if City determines in its sole discretion that: 5.2.1.1 Costs are eligible expenditures in accordance with CDBG Regulations. 5.2.1.2 Costs are in compliance with this Contract and are reasonable and consistent with industry norms. 5.2.1.3 Complete Documentation, as applicable, is submitted to City by Agency. CDBG REHABILITATION CONTRACT 2015-2016 Page 3 Rev.10.30.2015 Rehabilitation,Education and Advocacy for Persons with Handicaps,dba REACH,Inc. 5.2.2 Budget. 5.2.2.1 The CDBG Funds will be paid on a reimbursement basis in accordance with EXHIBIT "B"-Budget. 5.2.2.2 During the term of this Contract, Agency may submit written requests to increase or decrease line-item amounts in the Budget, including an explanation of why such increases or decreases are necessary. All requests shall be approved by Director in writing, with such approval being in the Director's sole discretion. If Director approves the Agency's proposed Budget amendment (as approved, the "Amended Budget"), then the Amended Budget will take effect on the first day of the month following the month in which it was approved by Director, unless otherwise specified in the amendment. All requests for Budget amendments must be submitted by June 1, 2016. 5.2.3 Chance in Program Budgct. 5.2.3.1 Agency will notify City promptly of any additional funds it receives for operation of the Program, and City reserves the right to amend this Contract in such instances to ensure compliance with HUD regulations governing cost allocation. 5.2.3.2 Agency agrees to utilize the CDBG Funds to supplement rather than supplant funds otherwise available for the Program. 5.2.4 Payment of CDBG Funds to Agency. CDBG Funds will be disbursed to Agency upon City's approval of Reimbursement Requests including submission of Complete Documentation to City in compliance with Section 9. If Agency expends all funds budgeted for the Program prior to September 30, 2016, City may hold back a small amount of the CDBG Funds until the end of the term. During this interim period, Agency must continue to submit Reimbursement Requests with an invoiced amount of $0. It is expressly agreed by the Parties that any CDBG Funds not spent or approved for reimbursement to Agency shall remain with City. 5.3 Program Performance Milestones. 5.3.1 Agency represents that the Program will achieve the following milestones in accordance with EXHIBIT "A"—Program Summary and the table below: Unduplicated Clients.as; specified in EXHIBIT. Program Month Expenditures. mary 3 25% 25% 6 50% 50% 9 75% 75% 12 100% 100% CDBG REHABILITATION CONTRACT 2015-2016 Page 4 Rehabilitation,Education and Advocacy for Persons with Handicaps, dba REACH,Inc. Rev.10.30.2015 53.2 Failure of Agency to meet these milestones or a material deviation from them as outlined in this Section 5.3 is a breach of this Contract. For the purpose of this Section, "material deviation" shall mean more than 10% lower than the specified goal. In the event of such breach, City reserves the right in its sole option to (i) delay or withhold payment of Reimbursement Requests, (ii) lower Agency's allocation of CDBG Funds, or (iii) terminate this Contract. 5.3.3 Failure to meet at least 80% of its performance milestones or serve 64 Unduplicated Clients will automatically disqualify Agency for consideration under the City's Request for Proposals for the 2016-2017 Program Year for federal grant funds. 5.3.4 Amendments to performance milestones must be approved by the Director in writing, with such approval being in the Director's sole discretion. If Director approves the Agency's proposed amended performance milestones (as approved, the "Amended Performance Milestones"), then the Amended Performance Milestones will take effect on the first day of the month following the month in which it was approved by Director, unless otherwise specified in the amendment. All requests for amendments to performance milestones must be submitted by June 1, 2016. Notwithstanding the above, any amendments to this Contract shall not reduce the number of Unduplicated Clients stated in Section 5.3.3 and in EXHIBIT "A" -Program Summary. 5.4 Identifv Program Expenses Paid with CDBG Funds. Agency will keep accounts and records in such a manner that City may readily identify and account for Program expenses reimbursed with CDBG Funds. These records shall be made available to City for audit purposes and shall be retained as required hereunder. 5.5 Meet National Objective. Agency shall ensure that the activities carried out in the Program will meet the National Objective. 5.6 Pro ram Subcontracts. Agency shall not enter into a subcontract with another agency, contractor, or vendor to provide a service to clients for any part of the Program that will be paid with CDBG Funds without City's written consent. 6. CLIENT ELIGIBILITY VERIFICATION. 6.1 _Client Eligibility. Agency will document client eligibility as follows: 6.1.1 Agency Clients. Agency must verify all new clients' income with Source Documentation. Agency must use the annual income definition in 24 CFR Part 5.609 to establish client income and must use the most current HUD Income Guidelines. The income of all Program clients must be documented and 100% of them must be Income Eligible Clients. CDBG REHABILITATION CONTRACT 2015-2016 Page 5 Kev.10.30.2015 Rehabilitation,Education and Advocacy for Persons with Handicaps, dba REACH,Inc. 6.1.1.1 All Program clients must be reported on EXHIBIT "D" — Reimbursement Forms, Attachment III. Any Agency clients for which the appropriate Source Documentation is not obtained shall be presumed ineligible. 6.2 Submission of Complete Documentation. Agency must submit copies of documentation of client eligibility described in Section 6.1 with Attachment III with each month's Reimbursement Request for all Unduplicated Clients. 6.3 Maintain Documentation. Agency must maintain copies of all documentation required by this Section 6 for 5 years following the expiration of the Contract term. This Section shall survive the earlier termination or expiration of this Contract. 7. ADDITIONAL CDBG REQUIREMENTS. Agency agrees to comply with all requirements of the CDBG Program as stated in the CDBG Regulations,including but not limited to the following: 7.1 Environmental Review. CDBG Funds will not be paid, and costs cannot be incurred until City has conducted an environmental review and completed an Environmental Review Record as required by 24 CFR Part 58. The environmental review may result in a decision to proceed with, modify, or cancel the funding for the Program. Further, Agency will not undertake or commit any funds to physical or choice limiting actions as described in any applicable federal regulations. Any violation of this provision will (i) cause this Contract to tenninate immediately, and (ii) require Agency to repay City the CDBG Funds it has already received and forfeit any future payments of CDBG Funds. 7.1.2 Environmental Mitigation. If applicable, Agency must take the mitigation actions outlined in EXHIBIT "A — Environmental Mitigation Actions. Failure to complete the required mitigation action is an event of default under this Contract. 7.2 Contract Not Constituting Commitment of Funds. Notwithstanding any provision of this Contract, the Parties agree and acknowledge that this Contract does not constitute a commitment of funds, and that such commitment of funds or approval may occur only upon (i) satisfactory completion of environmental review and receipt by City of an authorization to use grant funds from HUD under 24 CFR Part 58, (ii) approval of City's 2015-2016 Action Plan, and(iii) receipt by City of a grant agreement from HUD. 7.3 Monitoring. 7.3.1.. Agency understands and agrees that it will be subject to monitoring by City for compliance with terms and provisions of this Contract and the CDBG Regulations for the term of this Contract. Agency is subject to such monitoring during the term of this Contract and for 5 years after the Contract term ends. Agency will provide reports and access to Program files as requested by City during this 5 year period. For purposes of this Contract, this 5 year period for CDBG REHABILITATION CONTRACT 2015-2016 Page 6 Rehabilitation,Education and Advocacy for Persons with Handicaps,dba REACH,Inc. Rev.10.30.2015 monitoring is deemed to begin on October 1, 2016 and end on September 30, 2021 regardless of whether or not this Contract is earlier terminated. 7.3.2 Representatives of City, HUD, HUD Office of Inspector General, and the United States Comptroller General shall have access during regular business hours, upon 48 hours prior notice, to Agency's offices and records pertaining to the use of the CDBG Funds, and to Agency's officers, directors, agents, employees, contractors, subcontractors and vendors for the purpose of such monitoring. 7.3.3 In addition to other provisions of this Contract regarding frequency of monitoring, City reserves the right to perform desk reviews or on-site monitoring of Agency's compliance with the terms and conditions of this Contract. City shall provide Agency with a written report of the monitor's findings after each monitoring visit. If the monitoring report notes deficiencies in Agency's performance, the report shall include requirements for the timely correction of said deficiencies by Agency. Failure by Agency to take the action specified in the monitoring report may be cause for suspension or termination of this Contract as provided herein. 7.3.4 Subsections 7.3.1 through 7.3.3 shall be applicable for the Contract term and for 5 years thereafter and shall survive the earlier termination or expiration of this Contract. 7.3.5 Agency shall provide City annually the results of any state or federal monitoring. Such results shall be submitted within 60 days of receipt of such state or federal monitoring report, or with the January Reimbursement Request,whichever is earlier. 7.4 Agency Procurement Standards. Agency shall comply with all applicable federal, state and local laws, regulations, and ordinances for making procurements under this Contract. In addition to the conflict of interest provisions in Section 14.13.3, Agency shall establish written procurement procedures to ensure that materials and services are obtained in a cost effective manner and that provides for full and open competition. When procuring materials and services for this Contract, Agency shall comply at a minimum with the procurement standards in 2 CFR Part 200.317 through Part 200.326, 7.4.1 Contracts in excess of $10,000.00 made by Agency using CDBG Funds must address ten-nination for cause and convenience including the manner by which such termination shall be effected and the basis for settlement of the terminated contract, if any, as required by Appendix It (B), 2 CFR Part 200. 7.4.2 Agency shall not make any contract with parties listed on the governmentwide System for Award Management, www.sam.gov ("SAM"). Agency must confirm by search of SAM that all contractors paid with CDBG Funds are not listed by SAM as being debarred, both prior to hiring and prior to submitting a Reimbursement Request which includes invoices from any such contractor. Failure to submit such proofs of search shall be an event of default. 7.5 Cost Principles/Cost Reasonableness. Agency shall administer its use of CDBG Funds in compliance with 2 CFR Part 200, as applicable. The eligibility of costs incurred for performance rendered shall be determined in accordance 2 CFR Part 200.400 through 2 CFR Part 200.475. CDBG REHABILITATION CONTRACT 2015-2016 Page 7 Rehabilitation,Education and Advocacy for Persons with Handicaps,dba REACH,Inc. Rev.10.30.2015 7.6 Financial Management Standards. Agency agrees to comply with 2 CFR Part 200, as applicable. Agency also agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary supporting and back-up documentation for all costs incurred in accordance with 2 CFR Part 200.302 and Part 200.303. 7.7 Uniform Administrative Requirements. Agency will comply with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards in 2 CFR Part 200, as applicable, or any reasonably equivalent procedures and requirements that City may require. 7.8 Terms ADMicable to Contractors Subcontractors and Vendors. Agency understands and agrees that all terms of this Contract, whether regulatory or otherwise, shall apply to any and all contractors, subcontractors and vendors of Agency which are in any way paid with CDBG Funds or who perform any work in connection with the Program. Agency shall cause all applicable provisions of this Contract to be included in and made a part of any contract or subcontract executed in the performance of its obligations hereunder including its obligations regarding the CDBG Regulations. Agency shall monitor the services and work performed by its contractors, subcontractors and vendors on a regular basis for compliance with the CDBG Regulations and Contract provisions. Agency must cure all violations of the CDBG Regulations committed by its contractors, subcontractors or vendors. City maintains the right to insist on Agency's full compliance with the terms of this Contract and the CDBG Regulations and Agency is responsible for such compliance regardless of whether actions taken to fulfill the requirements of this Contract are taken by Agency or by Agency's contractors, subcontractors or vendors. Agency acknowledges that the provisions of this Section shall survive the earlier termination or expiration of this Contract and shall be applicable for 5 years after the Contract term ends. 7.9 Copyright and Patent Rights. No reports, maps, or other documents produced in whole or in part under this Contract shall be the subject of an application for copyright by or on behalf of Agency. HUD and City shall possess all rights to invention or discovery, as well as rights in data, which may arise as a result of Agency's performance under this Contract. 7.10 Conflict of Interest Disclosure. In accordance with the requirements of Section 14.13.2.1 and 14.13.4, Agency shall establish conflict of interest policies for federal awards. Agency shall disclose to City in writing any potential conflict of interest. 7.11 Com liance with FFATA and Whistleblower Protections. Agency shall comply with the requirements of 2 CFR 300(b), including provisions of the Federal Funding Accountability and Transparency Act ("FFATA") governing requirements on executive compensation and provisions governing Whistleblower protections contained in 10 U.S.C. 2409, 41 U.S.C. 4712, 10 U.S.C. 2324, 41 U.S.C. 4304 and 41 U.S.C. 4310. CDBG REHABILITATION CONTRACT 2015-2016 Page 8 Rev.10.30.2015 Rehabilitation,Education and Advocacy for Persons with Handicaps,dba REACH,Inc. 7.11.1 Agency shall provide City with its DUNS number. 7.12 Internal Control . shall: In compliance with the requirements of 2 CFR Part 200.303,Agency 7.12.1 Establish and maintain effective internal control over the CDBG Funds that provides reasonable assurance that Agency is managing cod one of B s Contract.compliance with federal statutes, regulations, and the terms for controls shall be in compliance with guidanc eral`of the Unit d Statesaor their"Internal Control Government" issued by the Comptroller Gen Integrated Framework" issued by the Committee of Sponsoring Organizations of the Treadway Commission("COSO"); 7.12.2 Comply with federal statutes, regulations, and the terms and conditions of this Contract; 7.12.3 Evaluate and monitor Agency's compliance with statutes, regulations and the terms and conditions of this Contract; 7.12.4 Take prompt action when instances of noncompliance are identified including noncompliance identified in audit findings, and 7.12.5 Take reasonable measures to safeguard protected personally identifiable information and other information that HUD o�tc�local and tribal laws regarding g privacy and sensitive consistent with applicable federal, obligations of confidentiality. 7.13 T ��� Safe Housing Rule. Agency will ensure compliance with Lead Safe Housing Rule at 24 CFR Part 35, as hI applicable. This includes but is not limited to swork practices, and clearance a ion of the use of Lead Certified contractors, use of Lead-Safe site, all as applicable to the age of the housing areas as appropriate t extent of to specific sites. Agency shall certify that work affects only "de minimus a submit EXHIBIT "J"—Lead Safe Hazard Certification to City when appropriate. 8. RECORD KEEPING- REPORTING AND DOCUMENTATION REQUIREMENTS; AUDIT. 8.1 Record Keeping. Agency shall maintain a record-keeping system as part of its performance of this Contract and shall promptly provide City with copies and valuation responsibilities.te Specifically,Agency for the effective fulfillment of City's monitoring ar an will keep or cause to be kept an accurate record °v ill all maintaintallereco dsla d funds docnmenta ion supporting and back-up documentation. Agency tigati related to this Contract for 5 years after the Contract d term the relevant records1and do umentat on is initiated before the expiration of the 5 year period, 9 CDBG REIIABILITATION CONTRACT 2015-2016 Rev.10.30.2015 Rehabilitation,Education and Advocacy for Persons with Handicaps,dba REACH,Inc. must be retained until all such claims, litigation or audits have been resolved. For purposes of this Contract, this 5 year period for record retention is deemed to begin on October 1, 2016 and end on September 30,2021 regardless of whether or not this Contract is earlier terminated. 8.2 Access to Records. Representatives of City, HUD and any duly authorized officials of the federal government will have full access to, and the right to examine, audit, copy, excerpt and/or transcribe any of Agency's records pertaining to all matters covered by this Contract for 5 years after the Contract term ends. Such access shall be during regular business hours and upon at least 48 hours prior notice. For purposes of this Contract,this 5 year period for access to records is deemed to begin on October 1,2016 and end on September 30,2021 regardless of whether or not this Contract is earlier terminated. 8.3 Reports. Agency will submit to City all reports and documentation described in this Contract in such form as City may prescribe. Agency may also be required to submit a final performance and/or final financial report if required by City at the termination of this Contract in such form and within such times as City may prescribe. Failure to submit to City any report or documentation described in this Contract shall be an event of default of this Contract and City may exercise all of its remedies for default under this Contract. 8.3.1 Additional Information. Agency shall provide City with additional information as may be required by state or federal agencies to substantiate Program activities and/or expenditure eligibility. 8.4 Change in Reporting Requirements and Forms. City retains the right to change reporting requirements and forms at its discretion. City will notify Agency in writing at least 15 days prior to the effective date of such change, and the Parties shall execute an amendment to the Contract reflecting such change if necessary. 8.5 Audit. 8.5.1 Entities that Expend$750,000 or more in Federal Funds Per Year. All non-federal entities that expend $750,000 or more in federal funds within 1 year, regardless of the source of the federal award, must submit to City an annual audit prepared in accordance with specific reference to 2 CFR Part 200.501 through Part 200.521. The audit shall cover the Agency's fiscal years during which this Contract is in force. The audit must be prepared by an independent certified public accountant, be completed within 6 months following the end of the period being audited and be submitted to City within 30 days of its completion. Agency's audit certification is attached hereto as EXHIBIT "C" —"Audit Certification Form" and "Audit Requirements". The Audit Certification Form must be submitted to City prior to or with the first Reimbursement Request. Entities that expend less than $750,000 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. CDBG REHABILITATION CONTRACT 2015-2016 Page 10 Rehabilitation,Education and Advocacy for Persons with Handicaps,dba REACH,Inc. Rev.10.30.2015 8.5.2 City Reserves the Riyht to Audit. City reserves the right to perform an audit of Agency's Program operations and finances at any time during the term of this Contract and for 5 years after the Contract term ends if City determines that such audit is necessary for City's compliance with the CDBG Regulations or other City policies. Agency agrees to allow access to all pertinent materials as described herein for such audit. For purposes of this Contract,this 5 year period for City audit is deemed to begin on October 1, 2016 and end on September 30, 2021 regardless of whether or not this Contract is earlier terminated. If such audit reveals a questioned practice or expenditure, such questions must be resolved within 15 business days after notice to Agency of such questioned practice or expenditure. If questions are not resolved within this period, City reserves the right to withhold further funding under this Contract and/or any other contracts with Agency. IF AS A RESULT OF ANY AUDIT IT IS DETERMINED THAT AGENCY HAS FALSIFIED ANY DOCUMENTATION OR MISUSED, MISAPPLIED OR MISAPPROPRIATED FUNDS OR SPENT CDBG FUNDS ON ANY INELIGIBLE ACTIVITIES, AGENCY THE AGREES TO REIMBURSE CITY THE PF.NALTYN OR OTHER PLUS ED AMOUNT OF ANY SANCTIONS, AGAINST CITY BY HUD BECAUSE OF SUCH ACTIONS. 9. REIMBURSEMENT REQUIREMENTS. 9.1 Deadline for Submitting Reimbursement Requests. 9.1.1 Reimbursement Requests shall be submitted monthly to the City and must be received by the City on or before the 15th day of the month following the month expenses were paid by Agency. For example, the Reimbursement Request for June expenses must be received by July 15. In the event the 15th falls on a weekend or City holiday, Reimbursement Requests shall be due the next day that the City is open for business. Failure to submit a Reimbursement Request in a timely fashion will result in City taking the actions outlined in Section 10.1. NOTWITHSTANDING ANYTHING ABOVE, THE REIMBURSEMENT REQUEST FOR EXPENSES INCURRED FOR SEPTEMBER 2016 MUST BE RECEIVED BY OCTOBER 1, 2016. COMPLETE DOCUMENTATION FOR ALL SEPTEMBER 2016 EXPENSES MUST BE SUBMITTED BY OCTOBER 15,2016. FAILURE TO SUBMIT A FINAL REIMBURSEMENT REQUEST IN AUTOMATIC FORFEITURE CTOBER 15, 2016 WILL RESULT OF PAYMENT OF THE SEPTEMBER REIMBURSEMENT REQUEST. 9.1.2 City will notify Agency by e-mail within 20 calendar days if a Reimbursement Request is lacking Complete Documentation or corrections are needed. Agency will have 10 business days from the date of the e-mail notice to submit any requested information or missing documentation. Agency will be penalized in the Request for Proposal for the 2016-2017 Program Year for any notifications received under this Section. If Agency fails to submit all the required information or missing documentation within 30 calendar days from the first e-mail, Agency shall forfeit any payments otherwise due that month and failure to submit any requested information will be considered an event of default as outlined in Section 10.1.2. 9.2 Submission of Reimbursement Requests. Agency shall provide City with Complete Documentation and the following Page 11 CDBG REHABILITATION CONTRACT 2015-2016 Rev. I Rehabilitation,Education and Advocacy for Persons with Handicaps,dba REACH,Inc. reports as shown in EXHIBIT "D" —Reimbursement Forms with each Reimbursement Request: 9.2.1 Attachment I—Invoice. This report shall contain the amount requested for reimbursement each month, the cumulative reimbursement requested to date (inclusive of that month's request), and must be signed by an authorized signatory of Agency. By signing Attachment I, Agency is certifying that the costs are valid,port eligible, and correct. This port must be submitted even if Agency is data contained m the report is t requesting$0 for a particular month. 9.2.2 Attachment II—Expenditure Worksheet. This report shall itemize each expense requested for reimbursement by Agency and shall include the Account corresponding the expense to a Budget line item. In order for this report to be complete the following must be submitted: 9.2.2.1 For payroll expenses, timesheets signed by employees and approved by supervisor for all payroll expenses listed. Timesheets must distinguish between CDBG-funded time and non-CDBG funded time and reflect actual time spent on CDBG-funded activities. Agency may not submit payroll expenses dated 60 calendar days prior to the date of the Reimbursement Request. 9,2,2,2 For non-payroll expenses, invoices for each expense listed with an explanation as to how the invoiced expense pertains to the Program. Agency may not submit invoices dated 60 calendar days prior to the date of the Reimbursement Request. 9.2.2.3 Proof that each expense was paid by Agency, which proof can be satisfied by cancelled checks, wire transfer documentation, paid receipts or other appropriate banking documentation. 9.2.3 Attachment III—Client Data Report. This report shall list each Unduplicated Client served during the month along with his or vest maintain a list of all clients served her demographic information. The Client Data Report mu during the Contract term. In order for this report to be complete, the following must be submitted: 9.2.31 Documentation of income verification for each Unduplicated Client the first time the client is served by the Program, which will be Source Documentation. AGENCIES FOLLOW THE MUST RQUIREMENI S I SET FORTH IN MUST SECTION 6.1.1. 9.2.4 Delivery of Reimbursement Request. Page 12 CDBG REHABILITATION CONTRACT 2015-2016 Rev.103 age 1 Rehabilitation,Education and Advocacy for Persons with Handicaps,dba REACH,Inc. Reimbursement Requests can be mailed or delivered in person to Neighborhood Services Department, 908 Monroe Street, Fort Worth, Texas 76102. In addition, Agency can submit Reimbursement Requests via email to psa(-fortworthtexas.2ov, but Agency must submit a signed original of Attachment I by the deadline in Section 9.1.1. 9.3 Withholding Payment, CITY SHALL HAVE NO OBLIGATION TO PAY ANY REIMBURSEMENT REQUEST THAT IS NOT RECEIVED BY THE DUE DATE. Failure to timely submit Reimbursement Requests and Complete Documentation along with any required reports shall be an event of default. 10. DEFAULT AND TERMINATION. 10.1 Failure to Submit Reimbursement Re nest or Re uired Documentation. 10.1.1 If Agency fails to submit a Reimbursement Request in accordance with Section 9, Agency shall be in default of this Contract. City will notify Agency in writing of such default and the Agency will have 10 business days from the date of the written notice to submit such Reimbursement Request to cure the default. If Agency fails to cure the default within such time,Agency shall forfeit any payments otherwise due that month. 10.1.2 If Agency fails to submit requested information or missing documentation as set forth in Section 9.1.2, then Agency shall forfeit payment due that month and the failure to submit shall be considered an event of default that shall not be cured. 10.1.3 NOTWITHSTANDING THE PROVISIONS OF SECTION 10.1.1 OR 10.1.2, IF AGENCY FAILS TO SUBMIT THE REIMBURSEMENT REQUEST DUE OCTOBER 1, 2016, OR IF THE SUBMITTED REIMBURSEMENT REQUEST FOR OCTOBER 1,2016 IS LATE,INCOMPLETE OR OTHERWISE NOT IN COMPLIANCE. WITH THIS CONTRACT CITY IN ITS SOLE DISCRETION, THERE WILL BE NO CURE PERIOD AND ANY REIMBURSEMENT WILL BE FORFEITED. 10.1.4 In the event of (i) an uncured default under Section 10.1.1 or an event of default under 10.1.2 or (ii) more than 2 instances of default, cured or uncured, under these Sections, City reserves the right at its sole option to terminate this Contract effective immediately upon written notice of such intent with no penalty or liability to City. 10.1.5 Notwithstanding anything to the contrary herein, City will not be required to pay any CDBG Funds to Agency during the period that any Reimbursement Request, report or documentation is past due or is not in compliance with this Contract or the CDBG Regulations, or during any period during which Agency is in default of this Contract. 10.1.6 In the event of termination under this Section 10.1, all CDBG Funds awarded but unpaid to Agency pursuant to this Contract shall be immediately forfeited and Agency shall have no further right to such funds. 3 1 CDBG REHABILITATION CONTRACT 2015-2016 Rev.10.3 Page age 1 Rehabilitation,Education and Advocacy for Persons with Handicaps,dba REACH,Inc. 10.2 Failure to Maintain Records or Submit Re orts and DocumcntatioB. If Agency fails to maintain all records and documentation as required in Section 8, or if the maintained or submitted report or documentation is not in compliance with this Contract or the CDBG Regulations as determined by City in its sole discretion, City will notify Agency in writing and Agency will have 30 calendar days from the date of the written request to obtain or recreate the missing records and documentation or submit or resubmit any such report or documentation to City. If Agency fails to maintain the required reports or documentation,shall have fails to submit or resubmit any such report or documentation within such time, the right to terminate this Contract effective immediately upon written notice of such intent with no penalty or liability to City. 10.2.1 In the event of termination under this Section 10.2, all CDBG Funds awarded but unpaid to Agency pursuant to this Contract shall be immediately forfeited and Agency shall have no further right to such funds, and any CDBG Funds paid to Agency must be repaid to City within 30 days of termination. If remedies vailabl under this Co D ae ntract City within the 30 day period, City shall exercise all legal 10.3 In General. 10.3.1 Subject to Section 10.2, and unless specifically provided otherwise in this Contract, Agency shall be in default under this Contract if Agency breaches any term or condition of this Contract. In the event that such a breach remains uncured after 30 calendar days following written notice by City (or such other notice period as may be specified herein) or, if Agency has diligently and continuously attempted to cure following receipt of such written notice but reasonably requires more than 30 calendar days to cure, as determined by both Parties mutually and in good faith, City shall have the right to elect in City's sole discretion to (i) extend Agency's time to cure, (ii) terminate this Contract effective immediately upon written notice of such intent to Agency, or (iii) pursue any other legal remedies available to City under this Contract. 10.3.2 City's remedies may include: 10.3.2.1 Direct Agency to prepare and follow a schedule of actions for carrying out the affected activities, consisting of schedules, timetables and milestones necessary to implement the affected activities. 10.3.2.2 Direct Agency to establish and follow a management plan that assigns responsibilities for carrying out the remedial activities. 10.3.2.3 Reprogram CDBG Funds that have not yet been expended from affected activities to other eligible activities or withhold CDBG Funds. 10.3.2.4 Any other appropriate action including but not limited to any Page 14 CDBG REHABILITATION CONTRACT 2015-2016 Rev.10.3 age 1 Rehabilitation,Education and Advocacy for Persons with Handicaps,dba REACH,Inc. remedial action legally available such as declaratory judgment, specific performance, damages, temporary or permanent injunctions,termination of this Contract or any other contracts with Agency, and any other available remedies. 10.3.3 In the event of termination under this Section 10.3, all CDBG Funds awarded but unpaid to Agency pursuant to this Contract shall be immediately forfeited and Agency shall have no further right to such funds, and any CDBG Funds already paid to Agency must be repaid to City within 30 days of the termination. Failure to repay such CDBG Funds within the 30 day period will result in City exercising all legal remedies available under this Contract. 10.4 No Funds Disbursed while in Breach. Agency understands and agrees that no CDBG Funds will be paid to Agency until all defaults are cured to City's satisfaction. 10.5 No Com ensation After Date of Termination. Agency shall not receive any compensation for work undertaken after the date of the termination. 10.6 Rights of City Not Affected. Termination shall not affect or terminate any of the existing rights of City against Agency, or which may thereafter accrue because of Agency's default and this provision shall be in addition to any and all other rights and remedies available to City under the law. Such termination does not terminate any provisions of this Contract that have been expressly noted as surviving the term or termination of the Contract. No delay or omission by City in exercising any right or remedy available to it under h Agency tract stall impair any such right or remedy or constitute a waiver or acquiescence n y 10.7 Waiver of Breach Not Waiver of Subsequent Breach. The waiver of a default or breach of any tern, covenant, or condition of this Contract shall not operate as a waiver of any subsequent default or breach of the same or any other term, covenant or condition hereof. 10.8 Civil Criminal and Administrative Penalties. Failure to perform all the Contract terms may result in civil, criminal or administrative penalties, including,but not limited to those set out in this Contract. 10.9 Termination for Cause. 10.9.1 City may terminate this Contract in the event of Agency's default, inability, or failure to perform subject to notice, grace and cure periods. In the event City terminates this Contract for cause, all CDBG Funds awarded but unpaid to Agency pursuant to this Contract shall be immediately rescinded and Agency shall have no further right to such funds and any CDBG Funds already paid to Agency must be repaid to City within 30 days of termination. Failure to repay such CDBG Funds within 30 days will result in City exercising all legal remedies available to City under this Contract. AGENCY ACKNOWLEDGES AND Page 15 CDBG REHABILITATION CONTRACT 2015-2016 Rev.10.30.2015 Rehabilitation,Education and Advocacy for Persons with Handicaps,dba REACH,Inc. AGREES THAT IF CITY TERMINATES THIS CONTRACT FOR CAUSE, AGENCY OR ANY AFFILIATES OF AGENCY SHALL NOT BE CONSIDERED FOR ANY OTHER CITY CONTRACT FOR CDBG FUNDS FOR A MINIMUM OF 5 YEARS FROM THE DATE OF TERMINATION. 10.9.2 Agency may terminate this Contract if City does not provide the CDBG Funds substantially in accordance with this Contract. 10.10 Termination for Convenience. Appendix II, this Contract may be In terminating in accordance with 2 CFR Part 200, App terminated in whole or in part only as follows: 10.10.1 By City with the consent of Agency in which case the Parties shall agree upon the termination conditions, including the effective date and in the case of partial termination, the portion to be terminated; or 10.10.2 By Agency upon at least 30 days written notification to City, setting forth the reasons for such termination,the effective date, and in the case of partial termination,the portion to be terminated. In the case of a partial termination, City may terminate the Contract in its entirety if City determines in its sole discretion that the remaining portion of the Contract to be performed or CDBG Funds to be spent will not accomplish the purposes for which the Contract was made. 10.11 Dissolution of Agency Terminates Contract. This Contract shall terminate in the event Agency is dissolved or ceases to exist. In the event of termination under this Section, all CDBG Funds are subject to repayment and/or City may exercise all of its remedies under this Contract. 10.12 Reversion of Assets. In the event this Contract is terminated with or without cause, all assets acquired by Agency with the CDBG Funds including cash, interest payments from loans or otherwise, all outstanding notes, mortgages or other security instruments, any accounts receivable attributable to the use of the CDBG Funds, and any real or personal property owned by Agency that was improved with the CDBG Funds shall automatically transfer to City or to such assignee as City may designate. 11. REPAYMENT OF CDBG FUNDS. All CDBG Funds are subject to repayment in the event the Program does not meet the requirements of this Contract or in the CDBG Regulations. If Agency takes any action that results in the City being required to repay all or any portion of the CDBG Funds to HUD, Agency agrees it will reimburse City for such repayment. If Agency takes any action that results in City receiving a finding from HUD about the Program, whether or not repayment of all or any portion of the CDBG Funds is required of City, Agency agrees it will pay City 10% of the CDBG Funds as liquidated damages. The Parties agree that City's damages in the event of either repayment to HUD being required or receiving a finding from 6 1 CDBG REHABILITATION CONTRACT 2015-2016 Rev.10.3 Page age 1 Rehabilitation,Education and Advocacy for Persons with Handicaps,dba REACH,Inc. HUD are uncertain and would be difficult to ascertain and may include an impact on City's CDBG grant or other federal grant funds, in addition to the finding by HUD or a required repayment of funds to HUD by City. Therefore, the Parties agree that payment under this Section of 10% of the CDBG Funds by Agency to City is liquidated damages and not a penalty. 12. CHANGE IN NON-PROFIT STATUS. Agency must provide City with written notification of any changes to its non-profit status within 15 calendar days of being notified of the change. If the non-profit status of Agency changes after the date of this Contract, City may but is not obligated to, terminate this Contract. City has 30 calendar days to make such determination after receipt of written notice from Agency and failure to make such determination will constitute a waiver. In the event of termination under this Section 12, all CDBG Funds awarded but not yet paid to Agency pursuant to this Contract shall be immediately rescinded and Agency shall have no further right to such funds. Any CDBG Funds already paid to Agency must be repaid to City within 30 calendar days of termination under this Section. 13. SURVIVAL. Any provision of this Contract that pertains to auditing, monitoring, client income eligibility, record keeping and reports, City ordinances, or applicable CDBG requirements, and any default and enforcement provisions necessary to enforce such provisions, shall survive the termination of this Contract for 5 years after the Contract term ends and shall be enforceable by in City against Agency. For purposes ° o October berg 1, 2016 and end on September ber 0, 2021 Contract provisions is deemed t o regardless of whether or not this Contract is earlier terminated. 14. GENERAL PROVISIONS. 14.1 Agency an Independent Contractor. Agency shall operate hereunder as an independent contractor and not as an officer, agent, servant or employee of City. Agency 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, contractors, subcontractors,vendors, clients, licensees or invitees. 14.2 Doctrine of Respondeat Superior._ The doctrine of respondeat superior shall not apply as between City and Agency, or its officers, members, agents, servants, employees, contractors, subcontractors, vendors, clients, licensees or invitees, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Agency. City does not have the legal right to control the details of the tasks performed hereunder by Agency, its officers, members, agents, employees, contractors, subcontractors,vendors, clients, licensees or invitees. 14.3 Aaenev Property. City shall under no circumstances be responsible for any property belonging to Agency, or its officers, members, agents, employees, contractors, subcontractors, vendors, clients, licensees or invitees that may be lost, stolen or destroyed or in any way damaged and AGENCY Page 17 CDBG REHABILITATION CONTRACT 2015-2016 Rev.10.3 age 1 Rehabilitation,Education and Advocacy for Persons with Handicaps,dba REACH,Inc. HEREBY INDEMNIFIES AND HOLDS AND ALL CLAIMS OR OFFICERS, AGENTS, AND EMPLOYEES FROM ANY PERTAINING TO OR CONNECTED WITH SUCH PROPERTY. 14.5 Religious Organization. o beo�membership criteria for sectarian clie No portion of the CDBG Funds shalh clients of a CDBG- activity. In addition, there must be no religious CDBG- funded service. 14.6 Venue. Venue shall lie in Tarrant County,Texas for any action,whether real or asserted, at law or in equity, arising out of the execution,performance, attempted performance or non-performance of this Contract. 14.7 Governing Law. This Contract shall be governed by and construed in accordance with the laws of tI e out of the State of Texas. If any action, whether real or asserted, at law or in the basis of any equity, roof the execution, performance or non-performance al law, he choice of law shall be the laws of the State herein, for any issue not governed y of Texas. - 14.8 Severabilit . The provisions of this Contract shall be deberminedit be inval d by a court or federal or paragraph or other part of this Contra 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. 14.9 Written A reement Entire Contract. This written instrument and the Exhibits, Attachments, and Addendums attached hereto, which are incorporated by reference and made a part of thi s Contract for all services to be perf p med underlthis the entire agreement by the Parties concerning Contract. Any prior or contemporaneous oral t the terms f this Contr act sbehn terms of this Contract shall be void. Any ame ndments writing and executed by the Parties. Para ra h Headin s for Reference Onl No Le al Si nificance• Number 14.10 and Gender. The paragraph headings contained herein limit the scope of any provision of this Contract Contract and are not intended to define or to When context requires, singular nouns and pro and the u neut r gender to include the masculine masculine sshall be deemed to include the feminine or neuter and feminine. The words"include" and"including"whenever used herein shall be deemed to be followed by the words"without limitation' - 14.11 Compliance With All Applicable Laws and Regulations. are Agency agrees to comply fully with all applicable aContractt that se laws in effect or that are hereafter amended during the performance of this Page 18 CDBG REHABILITATION CONTRACT 2015-2016 Rev.10.30.2015 Rehabilitation,Education and Advocacy for Persons with Handicaps,dba REACH,Inc. include,but are not limited to: ➢ CDBG Regulations found in 24 CFR Part 570 ➢ Title I of the Housing and Community Development Act of 1974, as amended, (42 USC 5301 ➢ f 1964 (42 U.S.C. Sections 2000d et seq.) including Title VI of the Civil Rights Act o provisions requiring recipients of federal assistance to ensure meaningful access by person of limited English proficiency ➢ The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. Sections 3601 etseq.) ➢ Executive Orders 11063, 11246 as amended by 11375 and 12086 and as supplemented by Department of Labor regulations 41 CFR Part 60 ➢ The Age Discrimination in Employment Act of 1967 ➢ The Age Discrimination Act of 1975 (42 U.S.C. Sections 6101 et seq.) ➢ The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. Sections 4601 et seq. and 49 CFR Part 24) ("URA") ➢ Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. Sections 794 et seq.) and 24 CFR Part 8 where applicable ➢ National Environmental Policy Act of 1969, as amended, 42 U.S.C. Sections 4321 et seq. ("NEPA") and the related authorities listed in 24 CFR Part 58. ➢ The Clean Air Act, as amended, (42 U.S.C. Section U.S.C. Sections 12 11 ettseq.))and theerelat d Water Act of 1977, as amended (3 Executive Order 11738,utilized with respect assistance respect to a facility that hal given provided o unde this Contract be u conviction under the Clean Air Act or the Clean Water Act. ➢ Immigration Reform and Control Act of 1986 (8 U.S.C. Sections 1101 et seq.) specifically including the provisions requiring employer verifications of legal status of its employees ➢ The Americans with Disabilities Act of 1990 (42 U.S.C. Sections 12101 et seq.), the Architectural Barriers Act of 1968 as amended (42 U.S.C. Sections 4151 et seq.) and the Uniform Federal Accessibility Standards, 24 CFR Part 40, Appendix A ➢ Regulations at 24 CFR Part 87 related to lobbying, including the requirement that certifications and disclosures be obtained from all covered persons ➢ Drug Free Workplace Act of 1988 (41 U.S.C. Sections 701 et seq.) and 24 CFR Part 23, Subpart F ➢ Executive Order 12549 and 24 CFR Part 5.105(c) pertaining to restrictions on participation by ineligible, debarred or suspended persons or entities ➢ Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act ➢ Guidelines of the Environmental Protection Agency at 40 CFR Part 247 ➢ For contracts and subgants for construction or repair, Copeland"Anti-Kickback" act (18 U.S.C. 874) as supplemented in 29 CFR Part 5 ➢ For construction contracts awarded by Agency in excess of$2,000, and in excess of Sections for other contracts 107 of he Contract Work Hours and Safety cStandardslActr(40 Sections 103 and 10 U.S.C. 327A 300) as supplemented by 29 CFR Part 5 Page 19 CDBG REHABILITATION CONTRACT 2015-2016 Rev.10.30.2015 Rehabilitation,Education and Advocacy for Persons with Handicaps,dba REACH,Inc. ➢ Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et seq.), as amended by the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. R851 et seq.) and implementing regulations at 24 CFR Part 35, subparts A,B,M, ➢ 2 CFR Part 200 et seq. ) Pub.L. ➢ Federal Funding Accountability and Transparency Act of 2006 ("FFATA" 109-282, as amended by Section 6205(a) of Pub L. 110-252 and Section 3 of Pub.L. 113-101) ➢ Federal Whistleblower Regulations, as contained 431010 U.S.C. 2409, 41 U.S.C. 4712, 10 U.S.C.2324,41 U.S.C. 4304 and 14.11 HUD-Assisted Projects and Em to went and other Economic O ortunities• Section 3 Requirements. 14.11.1 Re uirement that Law Be Quoted in Covered Contracts. — Certain Re uirements Pertainin UY to Section 3 of the Housin and Urban Development Act of 1968 as Amended (12 U S C Sections 1701 et se . and its Related Re ulations at 24 CFR Part 135. If the Program results in the creation of new employment, training, or contracting opportunities on a contractor or subcontractor level resulting from the expenditure of the CDBG Funds, Agency shall comply with the following and will ensure that its contractors also comply. If the work performed under this Contract is on a project assisted under a program providing direct federal financial assistance from HUD, Section 3 of 24 CFR Part 135.38 ("Section 3") requires that the following clause, shown in italics,be inserted in all covered contracts ("Section 3 Clause"): Section to be quoted in covered contracts begins: "A. The work to be performed under this contract is subject to the requirements of Section 3 of Housing and Urban Development Act of 1968, as amended, 12 U.S.C. section 1701H (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assisted or HUD-assisted programs covered by Section 3, shall to the greatest extent feasible, be directed to low- and very-low income persons, particularly persons who are recipients of HUD assistance for housing. B. The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. C. The contractor agrees to send to each labor organization or representative of workers with which it has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representatives 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 desc zee and preference,so shal set forth notice. The notice shall h Page 20 CDBG REHABILITATION CONTRACT 2015-2016 Rev.10.30.2015 Rehabilitation,Education and Advocacy for Persons with Handicaps,dba REACH,Inc. minimum number and job titles subject to hire, availability of apprentice 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 that it will include this Section 3 clause in every subcontract to comply with regulation in 24 CFR Part 1.35, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon finding that the subcontractor is in violation of the any regulations in 24 CFR Part notice or knowledge contractor will the not subcontractor has been subcontractor where at has found in violation of regulations in 24 CFR Part 135. E. The contractor will certify that vacant contractor mis sele�ted but including training positions that are fle�d.t�l) after ersons other than those to whom the before the contract is executed, and(2) p any regulations of 24 CFR fart ot'ce or will the subcontractor hasbeen subcontractor where it has n found in violation of regulations in 24 CFR Part 135. 1". Noncompliance with HUD's regulation 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. Section 450(e) 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). Section to be quoted in covered contracts ends. 14.11.2 Agency Responsibilities for Section 3 Requirements. of Section 3, City and Agency understand and agree compliance 1porders�f HUD shall be the regulations set forth in 24 CFR Part 135, and all a pp icable rules and a condition of the federal financial assistance provided to he Psubcontractors.o Failure totfulfiIl Agency and their respective successors, assigns, contractors tractors and their these requirements shall subject Agency and contractors ed by the grantnagrecment through respective successors and assigns to those sanctions p ec f which federal assistance is provided and to such sanctions as are specified by 24 CFR Part 135. Agency's responsibilities include: 14.11.2.1 Implementing procedures tra training, employment, and residents business concerns and contracting opportunities generated by Section 3 covered assistance; Page 21 CDBG REHABILITATION CONTRACT 2015-2016 Rev.10.30.2015 Rehabilitation,Education and Advocacy for Persons with Handicaps,dba REACH,Inc. 14.11.2.2 Notifying potential contractors working on Section 3 covered projects of their responsibilities; 14.11.2.3 Facilitating the training and employment of Saco concerns;3 residents and the award of contracts to Section 14.11.2.4 Assisting and actively and cooperatingowwith the HED Department in making contractors 14.11.2.5 Refraining from entering into contracts with contractors that are in violation of Section 3 regulations; 14.11.2.6 Documenting actions taken to comply with Section 3; and 14.11.2.7 Submitting Section 3 Annual Summary Reports (Form HUD- 60002)in accordance with 24 CFR Part 135.90. 14.11.3 Section 3 Renortin Requirements. In order to comply with the Section 3 requirements, Agency must submit the forms attached hereto as EXHIBIT "G" - Section 3 Reporting Forms. 14.11.3.1 Report to the City on a quarterly basis all applicants for employment, and all applicants for employment by contractor and subcontractor. This shall include name, address, zip code, date of application, and status (hired/not hired) as of the date of the report. 14.11.3.2 Advertise available positions to the public for open competition, and provide documentation to City with the quarterly report that demonstrates such open advertisement the form of newspaper Texas Workforce Commission posting, copy advertisement, copy of flyers and listing of locations where flyers were distributed, and the like. 14.11.3.3 Report to the City on a quarterly basis all contracts awarded by e name of contractor and subcontractor.bcont actor, add ess, zip lcode,land mount of contractor and/or su award as of the date of the report. 14.12 Prohibition A ainst Discrimination. 14.12.1 General Statement. Agency shall comply in the execution, performance or attempted performance of this Contract, with all non-discrimination requirements 4ACgFR Panrtl Y 0.6discrid Chapter 17, Article III, Division 4 — Fair Ilousing of the City Code. any person because of race, color, sex, gender, religion,identity,national origin, familial status, disability or perceived disability, sexual orientation, gender tY Page 22 CDBG REHABILITATION CONTRACT 2015-2016 Rev.10.30.2015 Rehabilitation,Education and Advocacy for Persons with Handicaps,dba REACH,Inc. will Agency permit its officers, members, agents, employees, or clients to engage in such discrimination. This Contract is made and entered into with reference specifically to Chapter 17, Article III, Division 3 - Employment Practices of the City Code, and Agency hereby covenants fand agrees that Agency, its officers, members, agents, employees and contractors; have complied with all provisions of same rarns of such ordinances by either ortit ooffrcersoymemberss been discriminated against under the t agents, employees or contractors. 14.12.2 No Discrimination in Fm to went durin the Performance of This Contract. During the performance of this gency comply with such provision by including will require that its contractors and subc it in all contracts with its contractors: [Contractor's Subcontractor's or Vendor's name] will not unlawfully discriminate against any employee or applicants for employment because of race, color, sex, gender, religion, national origin, familial status, disability or perceived disability, sexual orientation, gender identity, gender expression or transgender. [Contractor's Subcontractor's or Vendor's name] will take affirmative action to ensure that applicants are hired without regard to race, color, sex, gender, religion, national origin, familial status, disability or perceived disability, sexual orientation, gender identity, gender expression or transgender and that employees are treated fairly during employment without regard to their race, color, sex, gender, religion, national origin, familial status, disability or perceived disability, sexual orientation, gender identity, gender expression or transgender. Such action shall include,but not be limited to,the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including cuous apprenticeship. [Contractor's Subcnndtrt Vendor's employmentginoticeposetting fort1h the places, available to employees a applicants for provisions of this nondiscrimination clause. [Conn°actor's Subcontractor's or Vendor's name] will, in all solicitations or advertisements for employees placed by or on behalf of [Contractor's Subcontractor's or Vendor's name], state that all qualified applicants will receive consideration for employment without regard to race, color, sex, gender, religion, national iifamilial or transis, dis bility or perceived disability, sexual orientation, gender identity, g expression [Contractor's Subcontractor's or Vendor's name] covenants that neither it nor any of its officers, members, agents, employees, or contractors, 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.oftheir age or because of any disability or perceived.disability, except on the basis of a bona fide occupational qualification,retirement plan or statutory requirement. its [Contractor's, Subcontractor's or ont�actors a or]persons cactingnon hheir neithbehalfer it shall officers, members, agents, employees, Page 23 CDBG REHABILITATION CONTRACT 2015-2016 Rev.10.30.2015 Rehabilitation,Education and Advocacy for Persons with Handicaps,dba REACH,Inc. 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. 14.12.3 Agen-,V'S Contractors and the ADA. In accordance with the provisions of the Americans With Disabilities Act of 1990 ("ADA"), Agency warrants that it and any of its contractors 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, or employees of, Agency or any of its contractors. AGENCY WARRANTS IT WILL FULLY COMPLY WITH THE ADA'S PROVISIONS AND ANY OTHER APPLICABLE FEDERAL, STATE AND LOCAL LAWS CONCERNING DISABILITY AND WILL DEFEND, INDEMNIFY AND HOLD CITY HARMLESS AGAINST ANY CONTRACTORS ALLEGATIONS ASSERTED BY THIRD PARTIES, SUBCONTRACTORS, VENDORS OR AGENTS AGAINST CITY ARISING OUT OF AGENCY'S AND/OR ITS CONTRACTORS', SUBCONTRACTORS', VENDORS' OR AGENTS' OR THEIR RESPECTIVE EMPLOYEES' ALLEGED FAILURE. TO COMPLY WITH THE ABOVE-REFERENCED ANCE OF HIS CONTRACTING DISABILITY DISCRIMINATION IN THE 14.13. Conflicts of Interest and Violations of Criminal Law. 14.13.1 Agency Safeguards. Agency shall establish safeguards to prohibit its employees,board members, advisors and agents from using positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business or other ties. Agency shall disclose to City any such conflict of interest or potential conflict of interest, immediately upon discovery of such. 14.13.2 General Prohibitions A ainst Conflicts of Interest. No employees, agents, consultants, officers or elected officials or appointed officials of City or of Agency who exercise or have exercised any functions or responsibilities with respect to activities assisted with CDBG funds or who are in a position to participate in a decision- making process or gain inside information with regard to these activities may utilize CDBG services, may obtain a financial interest or benefit from a CDBG-assisted activity, or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties, during their tenure or for I year thereafter, unless they are accepted in accordance with the procedures set forth at 24 CFR Part 570.611. 14.13.2.1 Agency shall establish conflict of interest policies for federal awards including the CDBG Funds and shall disclose in writing potential conflicts of interest to City as authorized by 2 CFR Part 200.112. 14.13.3 Conflicts of Interest Involving Procurement. The conflict of interest provisions of 24 CFR Part 85.36 and 24 CFR Part 84.42, respectively, shall apply in the procurement of property and services by Agency. In all cases not Page 24 CDBG REHABILITATION CONTRACT 2015-2016 Rev.10.30.2015 Rehabilitation,Education and Advocacy for Persons with Handicaps, dba REACH,Inc. governed by those Sections, the provisions of 24 CFR Part 570.611 of the CDBG Regulations shall apply. 14.13.3.1 As more particularly described in 2 CFR Part 200.318, Agency shall maintain and submit to City written standards of conduct covering conflicts of interest and governing the performance of its employees engaged in the selection, award, and administration of contracts. No employee, officer, or agent may participate in the selection, award, or administration of a contract supported by a federal award if he or she has a real or apparent conflict of interest. The standards of conduct must provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of Agency. 14.13.3.2 The officers, employees, and agents of Agency shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. 14.13.3.3 Notwithstanding the prohibition contained in Section 14.13.3.2, Agency may set standards of conduct for situations in which the financial interest is not substantial or the gift is an unsolicited item of nominal value. Such standards of conduct must provide for disciplinary actions to be applied for violations of such standards by Agency's officers,employees or agents. 14.13.3.4 Agency shall maintain written standards of conduct covering organizational conflicts of interest. Organizational conflicts of interest means that because of relationships with a parent company, affiliate, or subsidiary organization, Agency is unable or appears to be unable to be impartial in conducting a procurement action involving a related organization. 14.13.3.5 Agency must maintain records sufficient to detail the history of procurement. These records will include, but are not necessarily limited to the following: rationale for the method of procurement, selection of contract type, contractor selection or rejection, and the basis for the contract price. 14.13.4 Disclosure of Conflicts of Interest. In compliance with 2 CFR Part 200.112, Agency is required to timely disclose to City in writing any potential conflict of interest. 14.13.5 Disclosure of Texas Penal Code Violations. Agency affirms that it will adhere to the provisions of the Texas Penal Code which prohibit bribery and gifts to public servants. 14.13.6 Disclosure of Federal Criminal Law Violations. Page 25 CDBG REHABILITATION CONTRACT 2015-2016 Rev.10.3 age 2 Rehabilitation,Education and Advocacy for Persons with Handicaps,dba REACH,Inc. In compliance with 2 CFR Part 200.113, Agency is required to timely disclose to City all violations of federal criminal law involving fraud, bribery or gratuity violations potentially affecting the Agency. 14.14 Subcontractin 2 with Small and Minori Firms Women's Business Enterprises and Labor Surplus Areas. 14.14.1 For procurement contracts $50,000.00 or larger that are paid for, in part or in full, with the CDBG Funds, Agency agrees to abide by City's policy to involve Minority Business Enterprises and Small Business Enterprises and to provide them 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. Agency agrees to incorporate the City's BDE Ordinance, and all amendments or successor policies or ordinances thereto, into all contracts and subcontracts for procurement larger than $50,000.00 or larger that are paid for, in part or in full, with the CDBG Funds and will further require all persons or entities with which it so contracts to comply with said ordinance. 14.14.2 It is national policy to award a fair share of contracts to disadvantaged business enterprises ("DBEs"), small business enterprises ("SBEs"), minority business enterprises ("MBEs"), and women's business enterprises ("WBEs"). Accordingly, affirmative steps must be taken to assure that DBEs, SBEs, MBEs, and WBEs are utilized when possible as sources of supplies, equipment, construction and services. 14.14.2.1 In order to comply with federal reporting requirements as described in 24 CFR Part 570.506 (g)(6), Agency must submit the form attached hereto as EXHIBIT "I" — MBE Reporting Form for each contract or subcontract with a value of $10,000.00 or more paid or to be paid with the CDBG Funds. Agency shall submit this form by the date specified in EXHIBIT I MBE Reporting Form. 14.15 Other Laws. The failure to list any federal, state or City ordinance, law or regulation that is applicable to Agency does not excuse or relieve Agency from the requirements or responsibilities in regard to following the law, nor from the consequences or penalties for Agency's failure to follow the law, if applicable. 14.16 Assi-nment. Agency shall not assign all or any part of its rights, privileges, or duties under this Contract without the prior written approval of City. Any attempted assignment of same without approval shall be void, and shall constitute a breach of this Contract. 14.17. Rig acts. It is agreed that City has the right to inspect and approve in writing any proposed contracts between Agency and any contractor or vendor engaged in any activity in conjunction with this CDBG-funded Program prior to any charges being incurred. 14.18 Force Ma'e� ure Page 26 CDBG REHABILITATION CONTRACT 2015-2016 Rev.10.30.2015 Rehabilitation,Education and Advocacy for Persons with Handicaps,dba REACH,Inc. If Agency becomes unable, either in whole or part, to fulfill its obligations under this Contract due to acts of God, strikes, lockouts, or other industrial disturbances, acts of public enemies, wars, blockades, insurrections, riots, epidemics, earthquakes, fires, floods, restraints or prohibitions by any court, board, department, commission or agency of the United States or of any States, civil disturbances, or explosions, or some other reason beyond Agency's control (collectively, "Force Majeure Event"), the obligations so affected by such Force Majeure Event will be suspended only during the continuance of such event. Agency will give City written notice of the existence, extent and nature of the Force Majeure Event as soon as reasonably possible after the occurrence of the event. Failure to give notice will result in the continuance of Agency's obligation regardless of the extent of any existing Force Majeure Event. Agency will use commercially reasonable efforts to remedy its inability to perform as soon as possible. 15. INDEMNIFICATION AND RELEASE. AGENCY 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 EMPLOYEES, NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, CONTRACTORS OR SUBCONTRACTORS OF CITY; AND AGENCY 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, O D ARISING OUT OF OR ON CHARACTER, WHETHER REAL OR ASSERTED, 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 EMPLOYEES NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, CONTRACTORS OR SUBCONTRACTORS OF CITY. AGENCY 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 AGENCY, ITS OFFICERS, MNVMIBTEES, AGENTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, OR CLIENTS, OR CAUSED, IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS OF CITY. Page 27 CDBG REHABILITATION CONTRACT 2015-2016 Rev.10.30.2015 Rehabilitation,Education and Advocacy for Persons with Handicaps,dba REACH,Inc. IT IS THE EXPRESS INTENTION OF THE PARTIES, BOTH AGENCY AND CITY, THAT THE INDEMNITY PROVIDED FOR THIS SECTION INCLUDES THE INDEMNITY BY AGENCY TO INDO�FY AN NEGLIGENCE ,CTWHETHERO THAT CONSEQUENCES OF CITY'S NEGLIGENCE IS ALLEGED TO BE THE SOLE OR CONCURRING CAUSE OF THE INJURY,DAMAGE OR DEATH. AGENCY 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 S CONTRACT,TBYC CITY CITY'S SOLE OR CONCURRENT DAMAGE OR LOSS IS CA NEGLIGENCE. AGENCY SHALL REQUIRE� THEIR CONTRACTS AND SUBCONTRACTORS TO INCLUD SUBCONTRACTS A RELEASE AND INDEMNITY IN FAVOR OF CITY IN SUBSTANTIALLY THE SAME FORM AS ABOVE. 16. WAIVER OF IMMUNITY BY AGENCY. If Agency, 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, Agency 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. 17, INSURANCE AND BONDING. Agency will maintain coverage in e theft or dishonesty bno any of gency's $100,000.00 to insure against loss from the fraud officers, agents, trustees, directors or employees. The proceeds of such insurance or bond shall be used to reimburse City for any and all loss of CDBG Funds occasioned by such misconduct. To effectuate such reimbursement, such fidelity coverage shall include a rider stating that reimbursement for any loss or losses shall name the City as a Loss Payee. Agency shall furnish to City in a timely manner, but not later than the Effective Date, certificates of insurance as proof that it has secured and paid for policies of commercial insurance as specified herein. If City has not received such certificates by the Effective Date, Agency shall be in default of the Contract and City may, at its option,terminate the Contract. Such insurance shall cover all insurable risks incident to or in connection with the execution, performance, attempted performance or nonperformance of this Contract. Agency shall maintain the following insurance coverage and limits: Commercial General Liability(CGL) Insurance Page 28 CDBG REHABILITATION CONTRACT 2015-2016 Rev.10.30.2015 Rehabilitation,Education and Advocacy for Persons with Handicaps,dba REACH,Inc. $ 500,000 each occurrence $1,000,000 aggregate limit Non Profit Organization Liability or Directors & Officers Liability $1,000,000 Each Occurrence $1,000,000 Annual Aggregate Limit Business Automobile Liability Insurance $1,000,000 each accident on a combined single-limit basis, or $ 250,000 Property Damage $ 500,000 Bodily Injury per person per occurrence $2,000,000 Aggregate Insurance policy shall be endorsed to cover"Any Auto", defined as autos owned,hired, and non-owned. Pending availability of the above coverage and at the discretion of City,the policy shall be o�primary hen in the course of Agencycs business eas contracted al auto insurance policy if herein. Workers' Compensation Insurance Part A: Statutory Limits Part B: Employer's Liability $100,000 each accident $100,000 disease-each employee $500,000 disease-policy limit Note: Such insurance shall cover employees performing work on any and all projects including but not limited to construction, demolition, and rehabilitation. Agency or its contractors shall maintain coverages, if applicable. In the event the respective contractors do not maintain coverage, Agency shall maintain the coverage on such contractor, if applicable, for each applicable contract. Additional Requirements Such insurance amounts shall be revised upward at City's reasonable option and no more frequently than once every 12 months, and Agency shall revise such amounts within 30 days following notice to Contractor of such requirements. Agency will submit to City documentation that it has obtained insurance coverage and has executed bonds as required in this Contract prior to payment of any monies provided hereunder. Where applicable, insurance policies required herein shall be endorsed to include City as an additional insured as its interest may appear. Additional insured parties shall include employees, officers, agents, and volunteers of City. Page 29 CDBG REHABILITATION CONTRACT 2015-2016 Rev.103 age 2 Rehabilitation,Education and Advocacy for Persons with Handicaps,dba REACH,Inc. Any failure on part of 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 Agency'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 do 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 otherwise Best Key Rating by Guide City. of A-: VII or other equivalent insurance industry standard Deductible limits on insurance policies shall not exceed $5,000 per occurrence unless otherwise approved by City. In the event there are any local, federal or other regulatory insurance or bonding requirements for the Program, and such requirements exceed those specified herein,the former shall prevail. Agency shall require its contractors to maintain applicable insurance coverages, limits, and other requirements as those specified herein; and Agency shall require its contractors to provide Agency with certificate(s) of insurance documenting such coverage. Also, Agency shall require its contractors to have City and Agency endorsed as additional insureds (as their interest may appear) on their respective insurance policies. Directors and Officers Liability coverage shall be in force and may be provided on a claims- made basis. This coverage may also be referred to as Management Liability, and shall protect the insured against claims arising out of alleged errors in judgment, breaches of duty and wrongful acts arising out of thei�tur�adirector.al officers, trustees, employeeprotect volunteers and entity, but all past, present and cormnittee members. Notwithstanding any provision in this Contract to the contrary, when applicable, Agency shall comply with the requirements of 2 CFR 200.310 and shall, at a minimum, provide the equivalent insurance coverage for real property and equipment acquired or improved with CDBG Funds as provided to property owned by Agency. 18. CERTIFICATION REGARDING LOBBYING. The undersigned representative of Agency 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 Agency, 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 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. Page 30 CDBG REHABU,TTATION CONTRACT 2015-2016 Rev. 3 Rehabilitation,Education and Advocacy for Persons with Handicaps,dba REACH,Inc. If any funds other than federally appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or e 1 yee an of r cooper t ve member of Congress in connection with this federal contract, grant, agreement, Agency shall complete and submit Standard Foim-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 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 U.S.C. Section 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000.00 and not more than$100,000.00 for each such failure. Agency shall require that the language of this certification be included in all subcontracts or agreements involving the expenditure of federal funds. 19. LITIGATION AND CLAIMS. Agency shall give City immediate notice in writing of any action, including any proceeding before an administrative agency, filed against Agency in conjunction with this Contract or the Program. Agency shall furnish immediately to City copies of all pertinent papers received by Agency with respect to such action or claim. Agency shall provide a notice to City within 10 days upon filing under any bankruptcy or financial insolvency provision of law. 20. NOTICE. All notices required or permitted by this Contract must be in writing and are deemed delivered on the earlier date of the date actually received or the third day following deposit in a United States Postal Service post office or receptacle; with proper postage, certified mail return receipt requested; and addressed to the other Party at the address set out below or at such other address as the receiving Party designates by proper notice to the sending Party. City: City Attorney's Office 1000 Throckmorton Street Fort Worth, TX 76102 Telephone: 817-392-7600 Copy to: Neighborhood Services Department 1000 Throckmorton Street Fort Worth, TX 76102 Attention: Assistant Director Telephone: 817-392-7540 Page 30-1 CDBG REHABILITATION CONTRACT 2015-2016 Rev.10.3 Page 30- Rehabilitation,Education and Advocacy for Persons with Handicaps,dba REACH,Inc. Copy to: Neighborhood Services Department 1000 Throckmorton Street Fort Worth, TX 76102 Attention: Program Coordinator Telephone: 817-392-6342 A enc REACH,Inc. Robin L. Lassiter 1000 Macon Street, Suite 200 Fort Worth, TX 76102-4527 Telephone: 817-870-9082 21. AGENCY HAS LEGAL AUTHORITY TO ENTER INTO CONTRACT. Agency 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. 22. COUNTERPARTS. This Contract may be executed in multiple counterparts, each of which shall be considered an original,but all of which shall constitute one instrument which may be sufficiently evidenced by one counterpart. [SIGNATURES APPEAR ON NEXT PAGE] CDBG REHABILITATION CONTRACT 2015-2016 Page 30-2 Rehabilitation,Education and Advocacy for Persons with Handicaps,dba REACH,Inc. Rev.10.30.2015 IN WITNESS WHEREOF, the Parties hereto have executed 4 duplicate originals of this Contract in Fort Worth, Tarrant County, Texas. ATTEST: CITY OF FORT WORTH By: City Secretary Fernando Costa,Assistant City Manager M&C: G-18521 Date: August 4, 2015 APPROVED AS TO FORM AND LEGALITY: Assistant City Attorney REHABILITATION, EDUCATION AND ADVOCACY FOR PERSONS WITH HANDICAPS,dba REACH,INC By: CIAJK�& '/n Aw� Name: Charlotte A. Stewart Title: Executive Director CI` `Y„ ECRE"FAR ' FE VVORTH� 7X CDBG REHABILITATION CONTRACT 2015-2016 Page 31 Rehabilitation,Education and Advocacy for Persons with Handicaps,dba REACH,Inc. Rev.09.01.2015 IN WITNESS WHE the Parties hereto have executed 4 duplicate originals of this Contract in Fort Worth, Ceti �cr'arateeasr�y� . . ,��� CITY OF FORT WORTH T. 4 t a a _ . �� Fernando Costa, Assistant City Manager ity Scr� a r M&C ~ '195 1 Date: August 4, 2015 . APPROVED AS TO FORM AND LEGALITY: Assistant City Attorney REACH,INC. By: Name: Charlotte A. Stewart Title: Executive Director OFFICIAL RECORD.,.,� ,,.. C'TyP �i k@@JJi'u�NNIpp ���u' 'IRY u ��kNrml��mIN.. m , n� 4 Page 31 CDBG REHABILITATION CONTRACT 2015-2016 Rev-10.30.2015 age 3 Rehabilitation,Education and Advocacy for Persons with Handicaps, dba REACH,Inc. EXHIBITS: EXHIBIT "A" —Program Summary EXHIBIT "A-1"—2015 HUD Income Limits EXHIBIT "A-2"—Environmental Mitigation Actions EXHIBIT "B" —Budget EXHIBIT "C"—Audit Certification Form EXHIBIT "D"—Reimbursement Forms EXHIBIT "E"—Form of Income Self-Certification EXHIBIT "F"—Standards for Complete Documentation EXHIBIT "G"—Section 3 Reporting Forms EXHIBIT "H"—Severely Disabled Certification Form EXHIBIT "I"—MBE Reporting Form EXHIBIT "J"—Lead Safe Hazard Certification(Draft) Page 32 CDBG REHABILITATION CONTRACT 2015-2016 Rev.10.30age 3 Rehabilitation,Education and Advocacy for Persons with Handicaps,dba REACH,Inc. EXHIBIT "A" REACH,INC. PROGRAM SUMMARY Project Ramp PROGRAM SUMMARY (CDBG) $1005000.00 October 1, 2015 to September 30, 2016 AMOUNT PERIOD Capitalized terms not defined herein shall have meanings assigned them in the Contract. PROGRAM. The Program provides for the installation of ramps, handrails, and grab bars at eligible homeowners' residences. Eligible homeowners must be income eligible, occupy the home as their principal residence and have a mobility impairment or have a household member residing with them who has a mobility impairment. All installations will be done in accordance with specifications outlined in the ADA Accessibility Guidelines and HUD and City requirements. Agency or homeowner is responsible for submitting any applications for City permits or approvals. These approvals may include but are not limited to Historic & Cultural Landmarks Commision, Board of Adjustment, Zoning approvals, and building inspections. Cost for permits or approvals are reimbursible under this Contract. Agency must coordinate with City to ensure compliance with the Lead Safe Housing Rule. CDBG Funds will be used to pay for materials, building permits and contractor labor for the installation of ramps,handrails and grab bars. Agency is located at 1000 Macon throw,h Suite Friday. ,Fort Worth,TX 76102,with operating hours of 8:00 a.m. to 5:00 p.m., Monday g Agency Program services will be delivered citywide at the homeowners' residences during the hours of 7:00 a.m.to 6:00 p.m.,Monday through Saturday. REGULATORY CLASSIFICATION: IDIS Matrix Code(s)and Service Category: 14A Rehab: Single-Unit Residential National Objective Citation: LMH Low/Mod Housing Benefit 24 CFR 570.208(a)(3) Regulatory Citation(s): 24 CFR 570.202(b)(11) Agency will maintain documentation that verifies that 100% of clients served by the Program are Income Eligible Clients. CDBG RE14A SUBRFCIPIENT CONTRACT XHI IT"A" PR GRAM SUMMARY Pagel Rehabilitation,Education and Advocacy sons with Inc. PROGRAM GOALS: Minimum Number of Fort Worth ocllWorth to as shown Served: by theThe mon�ly reports on Attachment of 80 Unduplicated Clients from III. CDBG PSA CONTRACT 2015-2016—EXHIBIT"A"—PROGRAM SUMMARY Page 2 Rehabilitation,Education and Advocacy for Persons with Handicaps,dba REACH,Inc. EXHIBIT "A-1" 2015 HUD INCOME LIMITS 2015 Median Family Income-Fort Wortrsons in on,TX* persons 1 Person 2 Persons 3 Persons 4 Persons 5 Pers410 6$32,570 7 $36,730 8 $40,890 30%AMI $14,650 $16,750 $20,090 $24,250 $28, 50%AMI $2 4 400 $27,900 $31,400 $34,850 $37,650 $40,450 $43,2500 $76 600 ooAMI $39,050 $44,600 $50,200 $55,750 $60,250 $64,700 $69,15 80/ *Income limits are published at least annually by IiUD. CDBG REHABILITATION CONTRACT 2015-2016--EXHIBIT"A-I"—2015 HUD INCOME LIMITS Pagel Rehabilitation,Education and Advocacy for Persons with Handicaps,dba REACH,Inc. L+ "BIT "A-2" ENVIRONMENTAL MITIGATION ACTIONS Cannot be reimbursed for a specific address until a site-specific Environmental Review has been completed,which includes but is not limited to: • Section 106 Clearance • Noise Analysis • Contaminants Checklist CDBG REHABILITATION CONTRACT 2015-2016—EXHIBIT"A-2"—ENVIRONMENTAL MITIGATION ACTION Rehabilitation,Education and Advocacy for persons with Handicaps,dba REACH,Inc. EXHIBIT"B"-BUDGET Account ` ``GranfBud et; A TOTAL ADM1I`TISTRATLVE HOPWA ONL 1001 Salaries 1002 FICA 1003 Life Insurance 1004 Health Insurance 1005 Disability Insurance 1006 Unem loyment-State 1007 Accountin TOTAL ADMINISTRATIVE EXPENSES %Administrative Cost TRO(GP"PERSONNEL ` 2001 19605 19,605 Salaries 2002 1,500 1,500 FICA 300 300 2003 3,350 3,350 Life Insurance 2004 Health Insurance 25 25 2005 140 140 Unem to ment 2006 Worker's Compensation 2007 Retirement SUPPLIES AND SERiTICES":- 3001 Office Su lies 3002 OfficeE ui mentRental 450 450 3003 Postage 3004 Printin MLSCELLANEOUS 56,220 Construction/Building Materials 4001 40,000 16,000 220 /Pennittin out REACH) 84,000 Contract Labor(City needs copy of contract 4002 60,000 24,000 before ex enses can be reimbursed) 4003 Craft Su lies 4004 Field Tri Admission Ex enses Other Field Trip Expenses(if preapproved 4005 b Ci 4006 Food Su lies 4007 2,400 2,400 Teachin Aids Milea e H'ACIIJTX AND UTILI"TIES 5001 Tele hone 5002 Electric 5003 Gas 5004 Water and Wastewater 5005 Solid Was Dis osal 3,935 Rent(City needs copy of lease before 5006 3,935 ex enses can be reimbursed) 5007 Custodial Services 5008 Re airs 5009 Cleanin Su lies ' LEG, TINANCIAti;ANI)`INSURANGE;' 6001 Fideli Bond or Equivalent 6002 Directors and Officers 3,075 3,075 6003 General Commercial Liabiu 6005 Contract Accountin DIRECT ASSISTANCE , 7001 Childcare Scholarshi s 7002 Short-term Rent Assistance 7003 Short-teen Mortgage Assistance 7004 Short-term Utilities Assistance OTHER EXPENSES 100,000 40,000 35,000 175,000 TOTAL FUNDING A:Donated Funds FUNDING B:REACH Match Funds FUNDING C�N/A CDBG REHABILITATION PSA CONTRACT 2015-2016—EXHIBIT`B"—BUDGET Page 1 Rehabilitation,Education and Advocacy for Persons with Handicaps,dba REACH,Inc. negotiating, and determining the The following tables were created for the purpose of preparing, g for the line item budget cost reasonableness and cost allocation method used by thetAThecinformation reflected in the represented on the first page of this EXHIBIT "B" —Budg enc must have line item tables is to be considered part to in the Budget as outlined in of the terms and conditions of the Contract. g Y prior written approval by the City to make changes any EXHIBIT"B"_Budget is June Section 5.2.2 in the Contract. The deadline to make changes to E 1, 2016. SALARY DETAIL Amount to Grant Position Name Rate Annual Hours Percent to Grant 0 TOTAL FRINGE DETAIL Amount to Grant Percent of Amount Percent to Grant Pa roll FICA Life Insurance Health Insurance Unem 10 ment Workers Com ensation 0 Retirement TOTAL SUPPLIES AND SERVICES Amount to Grant Total Budget Percent to Grant Office Sup lies Office Equi ment Rental Postage 0 Printing TOTAL MISCELLANEOUS Amount to Grant Total Bud et Percent to Grant 60,000 80,000 75% Contract Labor 56,220 71% 40,000 ConstructionBuilding Materials Craft Su lies Facili Fees Field Tri Costs Food Su lies 100,000 Teachin Aids TOTAL CDBG REHABILITATION PSA CONTRACT 2015-2016—EXHIBIT`B"— BUDGET Page 2 sons with Handicaps,dba REACH,Inc. Rehabilitation,Education and Advocacy for Per FACILITY AND UTILITIES Amount to Grant Total Budget Percent to Grant Tele hone Electric Gas Water and Wastewater Solid Waste 0 i osal Rent Custodial Services Repairs 0 Cleaning Sup lies TOTAL FINANCIAL AND IN SURANCE, Amount to Grant Total Budget Percent to Grant Fidelity Bond(or E uivalent) General Commercial Liabilit Directors and Officers 0 Contract Accounting TOTAL DIRECT ASSISTAN P cent to Grant Amount to Grant Total Budget Childcare Scholarshi s Short-Term Rent Assistance Short Term Mortgage Assistance Short Term Utilities Assistance 0 Tenant Based Rental Assistance TOTAL CDBG REHABILITATION PSA CONTRACT 2015-2016—EXHIBIT`B"— BUDGET Page 3 Rehabilitation,Education and Advocacy for Persons with Handicaps,dba REACH,Inc. EXHIBIT"C" AUDIT CERTIFICATION FORM CDBG REHABILITATION CONTRACT 2015-2016—EXHIBIT"C"—AUDIT CERTIFICATION FORMPage 1 Rehabilitation,Education and Advocacy for Persons with Handicaps,dba REACH,Inc. AUDIT CERT IFICATifIN FORM A�ALIT REQUIREMENTS Lion and Advocacy for Persons with Handicaps, dba Rehabilitation, Educa Agency: REACH,Inc. Fiscal Year Ending: Se tember 30 2016 funds will be received, we will exceed tithe Specific e��c the fiscal year in which will have our Single Audit or Progr During We CFR Part 200 within 7 expenditure threshold o f $750,000. s within its completion,whichever • coin Ieted and will submit the audit dtear o�30 days toed in Audit p months after the end of the audited fiscal y of exceed the $750,000 is the earlier date. We will n red for a Single Audit or a Program Specific Audit to be During the fiscal year in which funds will be received, [] federal expenditure threshold��out schedule below) performed this fiscal year,(F. uditure Disclosure Federal Expe filled out if Single Auditor Pro ram Audit iscon act wire Expenditures Nit1ST be fill Program Name& Number P ass Through CFDANumber Federal Grantor Grantor Total Federal Ex enditures for this Fiscal Year: Date ,- Sig --�►-��� f 'v��I�D� Signatory and Title feted single audit package and may affect d audit requirements described fundi gFR Part 200' as e to submit this or a similar statement or failure to submit a co Failure re utre suspension of es the as described in the federally due date e may result in licable, by the the above,this certification ae eats, and app Notwithstanding financial statements, and other eligibility for future funding. a ency's commitment to meetsall other 'and actttng� g uirements as may be audit rey CONTRACT 2015-2016—EIfBIT"C»— AUDIT CERTIFICATION FORMPage 2 IIABILITATION dba REACH>Inc* CDBG RE Rehabilitation,Education an d Advocacy for Persons with Handicaps, EXHIBIT"D" REPORTING FORMS CDBG REHABILITATION CONTRACT 2015-2016—EXHIBIT"D"—REPORTING FORMS Page 1 Rehabilitation,Education and Advocacy for Persons with Handicaps,dba REACH,Inc. ATTACHMENT I Invoice INVOICE Agency: Address: City, State,Zip: Program: Period of Service: Tax ID No. ,:Program This In�oise Curr�Watiue tq�Date By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any false,fictitious or fraudulent information, or the omission of any material fact, may subject me to criminal, civil, or administrative penalties for fraud, false statements, false claims, or otherwise. U.S. Code Title 18, Sec. 1001 and Title 31, Sec. 3729- 3730 and 3801-3812. Signature and Date: Name: Title: CDBG REHABILITATION CONTRACT 2015-2016—EXHIBIT"D"—REPORTING FORMS Page 2 Rehabilitation,Education and Advocacy for Persons with Handicaps,dba REACH,Inc. ATTACHMENT II Expenditure Worksheet City of Fort North .Neighborhood Services Department Fspendituse Worksheet. Agenc7: R b bil't h FAi..ry dAd acvf Persons nrth Fia dicsp,,ma RPACII,Inc ... Frog— Highlight dace theanl3'rclesantcaks for this Program _.. Plesse tou RRe account codes. Accouul Codc(Scc .'' me7L�e&m .. `.�As-tuns `:�Ke.m L 'Annnni Ac sint 1me27o. CTeeYNO. Pa ce ADA14N6'172A11Y8 ROMA 1 Sauries 1001 2 FICA 1002 3 Iifc lnsumnce 1003 4 H.fth lnssuaace 1Wi 5 Duvbslav lnsunmce 1 6 Une loy mSmte 1006 7 U-of&Accouvtuo -- 8 PHOI.'$A711PFBSOh1NFP+ 9 SakasKS 2001 10 FICA 2002 11 if lnsurance 2003 -- 13 ike bvsnen[ 2005 14 Wortrrs Cu ensa[un 2" li Retuasrcnl 2007 - 16 __. SUPPLMANDSIRVIC'FS:` , _, m - 17 Ofr—SoER lks 3001 16 p1Rcc-u ovotRrntol 3002 - 19 Posm a 3003 _.. 20 psSstug 306} 22 ConFmnca&Senenars 4001 23 C rsthsctb&BAdm Materials 40M 21 - Conwct7r.bor '4003 25 CmR SU ties - 26 Cmd'¢Re orts `WS 27 Facsl-ev Fees 4W6 28 FeldT-Costs 4002 29 Food Su Res ' 30 Miles a ` 31 Teachm^ALL+' A910 32 FACRPfYANDIIfIIIddFS:. ;. 33 iek Lone 5001 31 Electra 5002 35 1s 5W3 36 Woteravd Wastesmter 5W4 37 Sofid Wsstc A's o -`005 38 Aenl 5006 39 CustodialS rakes SOIf2 40 Re us 11 Ckanm^Su 1us YJ09 42 FENANC ANDWSIMMCE 43 Fid,bty Bond or i-Imt (0ll 44 D-t—and 0[r— 6002 45 a�mlCo.—,WUNIAt (093 46 IR of Fees 6005 47 Contnc[Aecmmtu 6O05 48 D3RECIA5314SANCB, '.,-;. 49 Childrnrc Schozrsh©s 7001 50 Counselin -Lsdiiduels—brs 7002 51 Coo nselor=-Caou Sessions 7011 52 Sho-o,—R-1 Assistance 7)l1 53 Short-t,-Mo oe All.tmce %U95 A - Slwrt-t—UNitics Assistance 7006 55 Teoovt Msed RenlulAssotance 7007 56 CAPIFALOUFIAY - - 57 Fumduse,Fsiures Sa01 - 58 Co ulers >UP2 59 OI&.e u-scan[ StU3 --- 60 5 on and Recreatuv FAuvmll 7007 :•PaymUmltideulifycsrgb}ea R-tmsstidentC'ptenant OOserpny`rcnts should identify mdrvxluak,ifnppL.nbY. CDBG REHABILITATION CONTRACT 2015-2016—EXHIBIT"D"—REPORTING FORMS Page 3 Rehabilitation,Education and Advocacy for Persons with Handicaps,dba REACH,Inc. ATTACHMENT III Client Data Report Agency-. 11YtNeho .' npvzm.urm. .+..mrmu...,nrn ww�einarura.r,artw..�t.mre..a+�en.mu a. .w mr.. a+W.rv. � v ----�-�� v1e eY rrmei rmr 6r�trm.mG - - " Li`6."CW i Q11IY @T�1QVlY !m[1 _ 1 2 1 3.1 3 i 3 6 Y 8 9 10 12 !D;�, bAYE S1KEtl'Y'diaE4' .. �� 55AtT Y ,., is pommy r, ' xtlnE � Ea •A :. %4v� as 'm2Y, .: e[xi "'uiYry" YPeYI ecf6 � 'Y" X�F,unsex -v e!csvc •: ..AI¢k c¢uwx m xmim..avo.an.Yr.avu `,:. I CDBG REHABILITATION CONTRACT 2015-2016—EXHIBIT"D"—REPORTING FORMS Page 4 Rehabilitation,Education and Advocacy for Persons with Handicaps,dba REACH,Inc. EXHIBIT"E" INCOME CERTIFICATION FORMS CDBG REHABILITATION CONTRACT 2015-2016--EXHIBIT"E"--INCOME CERTIFICATION FORMS Page 1 Rehabilitation,Education and Advocacy for Persons with Handicaps,dba REACH,Inc. Rehabilitation,Education and Advocacy for Persons with Handicaps,dba REACH,Inc. CERTIFICATION OF INCOME STATEMENT Applicant Name: Current Address: Phone Household Members and Income (Including App licant) Last Name First Name Age Monthly Source/Employer Name Income "PERSONAL INFORMATION:(Check one in each item. Optional Information for Federal Reporting Purposes) a. ❑MALE b.❑WHITE ❑BLACK/AFRICAN AMERICAN ❑BLACK/AFRICAN AMERICAN&WHITE ❑FEMALE ❑AMERICAN INDIAN/ALASKAN NATIVE ❑ASIAN ❑AMERICAN INDIAN/ALASKAN NATIVE&WHITE ❑ASIAN&WHITE ❑NATIVE HAWAIIAN/OTHER PACIFIC ISLANDER ❑BALANCE/OTHER ❑AMERICAN INDIAN/ALASKAN NATIVE&BLACK/AFRICAN AMERICAN c. ETHNICITY d. DISABLED e. IS CLIENT WOMEN HEAD OF HOUSEHOLD ❑HISPANIC ❑YES ❑YES ❑NON-HISPANIC ❑NO ❑NO * TOTAL NUMBER OF HOUSEHOLD MEMBERS (Include Yourself AND everyone who lives in the house.) Total Anticipated Annual Household Income: Certification: I certify that the information I am providing is true and could be subject to verification at any time by a third party. I also acknowledge that the provision of false information could leave me subject to the penalties of Federal, State and local law. WARNING: TITLE 18,SECTION 1001 OF THE U.S.CODE STATES THAT A PERSON IS GUILTY OF A FELONY FOR KNOWINGLY AND WILLINGLY MAKING FALSE OR FRAUDULENT STATEMENTS TO ANY DEPARTMENT OF THE UNITED STATES GOVERNMENT. Signature of Applicant Date -----------------For use hy Agency staff onl y----------------- Household Size: Gross Annual Income: Applicable Income Limit: Is Applicant Eligible? Check if Applicant refused to provide demographic information: ❑ Staff Assessment of Demographics: Person Making Determination: Date: NOTE. Address, income amounts and sources for ALL household members are required CDBG REHABILITATION CONTRACT 2015-2016--EXHIRTT"E"--INCOME,CERTIFICATION FORMS Page 2 Rehabilitation,Education and Advocacy for Persons with I Iandicaps,dba REACH,Inc. Rehabilitation,Education and Advocacy for Persons with Handicaps,dba REACH,Inc. CERTIFICACION DE DECLARACION DE INGRESOS Nombre del Solicitante: Domicilio Actual: Numero de Telefono: Miembros en el Ho ag r e In rg esos (Incluir el/la solicitante) Apellido Nombre Edad Ingreso Fuente de Ingresos/Nombre de Empleador Mensual "INFORMACION PERSONAL:(Seleccione uno en cada categoria. Informaci6n optional para prop6sitos de information Federal) a. ❑MASCULINO b.❑CAUCASICO ❑NEGRO/AFRICANO AMERICANO ❑NEGRO/AFRICANO AMERICANO&CAUCASICO ❑FEMININO ❑INDIO AMERICANO/NATIVO DE ALASKA ❑ASIATICO ❑INDIO AMERICANO/NATIVO DE ALASKA&CAUCASICO ❑ASIATICO&CAUCASICO ❑NATIVO HAWAIANO/OTRO DE LAS ISLAS PACIFICAS ❑BALANCE/OTRO ❑INDIO AMERICANO/NATIVO DE ALASKA&NEGRO/AFRICANO AMERICANO c. ETNICIDAD d.DISCAPACITADO e.6ES EL SOLICITANTE UNA MUJER Y CABECERA DEL HOGAR? ❑HISPANO ❑SI ❑SI ❑NO-HISPANO ❑NO ❑NO *NUMERO TOTAL DE MIEMBROS EN EL HOGAR (Iricluye a si mismo y a todos los que viven en la casa) Ingreso total del hogar anual antieipado: Certification: Certifico que la informacion que proportion es verdad y podria ser susceptible a la comprobacion a cualquier tiempo por terceros.Yo tambien reconozco que la provision de informacion falsa me podria dejar sujeto a las penalidades Federales, Estatales y locales, ADVERTENCIA:TITULO 18,SECCION 1001 DEL CODIGO DE EE.UU.QUE UNA PERSONA ES CULPABLE DE UN DELITO POR SABER Y VOLUNTARIAMENI'E HACER DECLARACIONES FALSAS O FRAUDULENTAS A CUALQUIER DEPARTAMENTO DEL GOBIERNO ESTADOUNIDENSE. Firma del Solicitante Fecha -----------------Para use de em leados de la a encia----------------- #De Miembros de Familia: Ingreso Anual: Limite de Ingreso: �Es solicitante elegible? Compruebe si el solicitante se nego a dar su informacion personal: ❑ Evaluation del empleado sobre informacion personal: Persona haciendo la determination: Fecha: Note: La direction de la casa y los ingresos(y sus origenes) para todos miembros del hogar son requeridos. CDBG REHABILITATION CONTRACT 2015-2016--EXHIBIT"E"--INCOME CERTIFICATION FORMS Page 3 Rehabilitation,Education and Advocacy for Persons with Handicaps,dba REACH,Inc. EXHIBIT "F" STANDARDS OF DOCUMENTATION CDBG REHABILITATION CONTRACT 2015-2016--EXHIBIT"F"--STANDARDS OF DOCUMENTATIONPage 1 Rehabilitation,Education and Advocacy for Persons with Handicaps,dba REACH,Inc. 2015-2016 Documentation Standards for CDBG Public Service Contract Expenses tr a, a Notes/Other Employee Salaries and Benefits City will only reimburse a percentage of any employee s salary and benefits who work directly wlth$the CDBG fundedProgram Percentages wdLbecost allocated and tletermrned pnor to#hg execution of#hdCpBG Contract agencies requesting the retm6ursement of 100"/,;of any Agency employee 7 e- will requite pnor Git�approve(' agencies must show calculation on flow the CDBG podion of employee salaries and benehfs.were calculated consistently with the CDBG . Contragtl `'� If an employee works on both a CDBG eligible and non-CDBG eligible program(s),the City will only reimburse for a reasonable portion of the employee's salary. Prior to the execution of the CDBG Contract,the Agency will priovide the City with a written statement on how each employee's time will be allocated. If an employee works 100%of their time directly with the CDBG-funded Program,then 100%of the employee's salary maybe eligible for reimbursement. Agency must submit a written statement that 100%of the employee's time is spent working directlywith the CDBG-funded Program. Statements must be signed by a person authorized to sign on behalf of the Agency and will be submitted with the October invoice. Salaries X x* Reimbursement requests must include a timesheet and work log that reflects the hours worked by the employee(s)working directly on the CDBG-funded Program. For employees who are paid with multiple funding sources,timesheets must reflect all funding sources. If separate timesheets are kept for each funding source,all such timesheets must be submitted to City. Timesheets must be signed by employee and supervisor. Agency must show a calculation and documentation of how the employee's salary was calculated and invoiced to City. "If employees are paid by direct deposit rather than check,then the agency must submit both the direct deposit payment companys report(such as an ADT report)and a bank statement or check showing payment to the direct deposit company. FICA/Medicare X X Life Insurance X X Health X X If the Cit y pays gross salary,this is already included.If the Cit y pays the employer portion,the Agency must provide roof that the Insurance Disability employee is enrolled in the benefit plan,must show a calculation and documentation of how the invoiced amount was calculated,and Insurance x X must provide documentation showing payment. Unemployment x x Insurance If the City pays gross salary,this is already included.If the City pays the employer portion,the Agency must provide proof that the Retirement x x employee is enrolled in the benefit plan,must show a calculation and documentation of how the invoiced amount was calculated,and must provide documentation showing payment. Materlals,:Equipment Goods and Suppltes Giiywlll only rehnburse;for tfie cost allocated percent or,amountspent insupport of2he CDBG funded Program.,Agencies, requesting reimbursement fq`r These items will require prior Citiy approval Agencies must show calculation on hour the CDBG portion of these expenses were calculated' consfstently with fpe,CDBG Contract n -� z. �; >- Office Su lies X X X Office Equipment X X X X X Rental Posta e X X X Printing X X X Construction& Building X X X X This category is only available for the REACH Program. Materials Sport and Recreation X X X Equipment Cleaning X X X Su lies Teachin Aids X X X Craft Su lies X X X Food Supplies X X X This category is only available to the Program provided by Meals on Wheels. Rent'�#7tlliffes and-Mamtenaoce-City will Only pay fora poftiop of.these expenses.7he;p61116n ofithese expenses vuill be determined by the square,footage;attribufable to #heCDBG-funded prbgram and;shat)be costallocafed in accordance,wnIh the amo mf of space used for the CDBG funded Program These expenses may only be im sutzport of the CDBG funded Program,tw,Items,hsted below requ(re'pnor City;approxal arld theAgency is'required to`identify any.funding source`#hat pays for the,portioh of the expense§that is ot;pald with`CDBG funs Agencies rriustshow calculation on howtha'GCpG portion of fbese expenses were calculated'consistently with the GDBG'r.. Telephone X X Gas X X Water/Wastew X X ater Electric X X Solid Waste X X Facility This item requires approval by the City priorto the execution of the CDBG Contract. Repairs maybe categorized as major/minor Maintenance X X X X rehabilitation projects and must be approved through the full HUD Environmetal Review. and Repairs Rent X X X City will payfor a portion of the rent for the Program facility so long as its in proportion to the square footage attributable to the CDBG- funded program. CDBGREHABILITATION CONTRACT2015-2016B bit°F—STANDARDS FOR COMPLETE DOCUMENTATION 1 Miscellaneous This item requires prior approval by the City. Prior to the execution of the CDBG Contract,the Agency must submit a written statement that lists the contract labor services to be used during the Contract term. Agency will submit a memo related to the procurement of such Contract Labor X X X X X services and will forward any information pertaining to the procurement process to City. This requirement applies to,but is not limited to, services retained for security services,legal,accounting,transportation providers,educational facilitators,custodial services,etc. Agencies may not use the contract services of any City of Fort Worth Department. City-required X X City will only pay for a percentage of the City-required insurance so long as it's in proportion to the square footage attributable to the Insurance CDBG-funded program. City requires that the agency submit its fee schedule or formula on howthe Agency calculates the childcare scholarship amount. The fee schedule/formula should demonstrate a breakout of income levels,and for each income level the schedule should demonstrate Childcare X X which portion of the expense is to be paid by the family and which portion of the expense is to be reimbursed by the City. A fee Scholarships schedule/formula must be submitted to the City prior to the first payment. Agency must submit documentation supporting that the client is income eligible and that the household is being charged in conformance with the fee schedule. If the fee schedule/formula changes at any time during the contract term,the Agency must immediately notify City on the date the new fee schedule/formula takes into effect. "$0"Income Agecies that are required to verify and provide proof of household income to determine eligibility,must require that anyone who is over Certifications the age of 18,living in the housohold,submit a$0 Income Certification. If an audit is required because federal funds exceed$750,000,then the cost should be split evenly by all grant funding sources. Agency Audit Services X X X X must show calculation on how the CDBG portion of the accounting services were calculated. For example,if the CDBG grant is 10%of your Agency's budget,then invoice shall not exceed 10%of the overall cost. Agency must show a calculation and documentation of how the invoiced amount was calculated,and must provide documentation showing payment. 'Proof of payment effective October 1,2013: Payments or Expenses must be documented in the following manner: A)Image of the check AND bank statement showing the check cleared the bank;OR, B)Image of the cancelled check(ex.At end of bank statement);OR, C)Payroll Check Stub,"Advice",or Statement AND Bank Statement indicating payroll;OR, D)For wire or e-transfers:Reciept or statement from payee/vendor OR bank statement. Revised 0822 2015 hr CDBG REHABILITATION CONTRACT 2015-2016 E)I ibh'F"—STANDARDS FOR COMPLETE DOCUMENTATION 1 EXHIBIT"G" SECTION 3 REPORTING FORMS CDBG REHABILITATION CONTRACT 2015-2016--EXHIBIT"G"--SECTION 3 REPORTING FORMSPage I Rehabilitation,Education and Advocacy for Persons with Handicaps,dba REACH,Inc. EXHIBIT "G" Section 3 Summary Report U.S.Department of Housing OMB Approval No: 2529-0043 Economic Opportunities for and Urban Development (exp. 11130/2010) Low—and Very Low-Income Persons Office of Fair Housing And Equal Opportunity HUD Field Office: Section back of page for Public Reporting Burden statement 1.Recipient Name&Address: (street,city,state,zip) 2.Federal Identification: (grant no.) 3.Total Amount of Award: 4.Contact Person 5.Phone: (Include area code) 6.Length of Grant: 7.Reporting Period: 8.Date Report Submitted: 9.Program Code: (Use separate sheet 10. Program Name: for each program code) Part I: Employment and Training Columns B,C and F are manda ory fields. Include New Hires in E&F A B C D E F Number of Number of New %of Aggregate Number %of Total Staff Hours Number of Section 3 Job Category New Hires Hires that are of Staff Hours of New Hires for Section 3 Employees Trainees Sec.3 Residents that are Sec.3 Residents and Trainees Professionals Technicians Office/Clerical Construction by Trade(List) Trade Trade Trade Trade Trade Other List Total *Program Codes 3=Publicnndian Housing 4=Homeless Assistance 8=CDBG State Administered 1=Flexible Subsidy A=Development, 5=HOME 9=Other CD Programs 2=Section 2021811 B=Operation 6=HOME State Administered 10=Other Housing Programs C=Modernization 7=CDBG Entitlement Page 1 of 2 form HUD 60002(612001) Ref 24 CFR 135 Part II: Contracts Awarded 1. Construction Contracts: A. Total dollar amount of all contracts awarded on the project $ B. Total dollar amount of contracts awarded to Section 3 businesses $ C. Percentage of the total dollar amount that was awarded to Section 3 businesses % D. Total number of Section 3 businesses receiving contracts 2. Non-Construction Contracts: A. Total dollar amount all non-construction contracts awarded on the projectlactivity $ B. Total dollar amount of non-construction contracts awarded to Section 3 businesses $ C. Percentage of the total dollar amount that was awarded to Section 3 businesses % D. Total number of Section 3 businesses receiving non-construction contracts Part III: Summary Indicate the efforts made to direct the employment and other economic opportunities generated by HUD financial assistance for housing and community development programs,to the greatest extent feasible,toward low-and very low-income persons,particularly those who are recipients of government assistance for housing. (Check all that apply.) Attempted to recruit low-income residents through: local advertising media,signs prominently displayed at the project site, contracts with the community organizations and public or private agencies operating within the metropolitan area(or nonmetropolitan county)in which the Section 3 covered program or project is located,or similar methods. Participated in a HUD program or other program which promotes the training or employment of Section 3 residents. Participated in a HUD program or other program which promotes the award of contracts to business concerns which meet the definition of Section 3 business concerns. Coordinated with Youthbuild Programs administered in the metropolitan area in which the Section 3 covered project is located. Other;describe below. Public reporting for this collection of information is estimated to average 2 hours per response,including the time for reviewing instructions, searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of information. This agency may not collect this information,and you are not required to complete this form,unless it displays a currently valid OMB number. Section 3 of the Housing and Urban Development Act of 1968,as amended,12 U.S.C.1701 u,mandates that the Department ensures that employment and other economic opportunities generated by its housing and community development assistance programs are directed toward low-and very-low income persons,particularly those who are recipients of government assistance housing. The regulations are found at 24 CFR Part 135. The information will be used by the Department to monitor program recipients'compliance with Section 3,to assess the results of the Department's efforts to meet the statutory objectives of Section 3,to prepare reports to Congress,and by recipients as self-monitoring tool. The data is entered into a database and will be analyzed and distributed. The collection of information involves recipients receiving Federal financial assistance for housing and community development programs covered by Section 3. The information will be collected annually to assist HUD in meeting its reporting requirements under Section 808(e)(6)of the Fair Housing Act and Section 916 of the HCDA of 1992. An assurance of confidentiality is not applicable to this form. The Privacy Act of 1974 and OMB Circular A-108 are not applicable. The reporting requirements do not contain sensitive questions. Data is cumulative;personal identifying information is not included. Page 2 of 2 form HUD 60002(11/2010) Ref 24 CFR 135 Form HUD-60002,Section 3 Summary Report,Economic Opportunities for Low-and Very Low-income Persons. Instructions: This form is to be used to report annual 8. Program Code: Enter the appropriate program code as listed at accomplishments regarding employment and other economic the bottom of the page. opportunities provided to low-and very low-income persons under 9. Program Name: Enter the name of HUD Program corresponding Section 3 of the Housing and Urban Development Act of 1968- The with the"Program Code"in number 8. Section 3 regulations apply to any public and Indian housing programs that receive: (1)development assistance pursuant to Part I: Employment and Training Opportunities Section 5 of the U.S.Housing Act of 1937-,(2)operating assistance Column A: Contains various job categories. Professionals are pursuant to Section 9 of the U.S.Housing Act of 1937;or(3) defined as people who have special knowledge of an occupation(i.e. modernization grants pursuant to Section 14 of the U.S.Housing Act supervisors,architects,surveyors,planners,and computer of 1937 and to recipients of housing and community development programmers). For construction positions,list each trade and provide assistance in excess of$200,000 expended for: (1)housing data in columns B through F for each trade where persons were rehabilitation(including reduction and abatement of lead-based paint employed. The category of"Other"includes occupations such as hazards);(2)housing construction;or(3)other public construction service workers. projects;and to contracts and subcontracts in excess of$100,000 Column B: (Mandatory Field) Enter the number of new hires for awarded in connection with the Section-3-covered activity. each category of workers identified in Column A in connection with Form HUD-60002 has three parts,which are to be completed for this award. New hire refers to a person who is not on the contractor's all programs covered by Section 3. Part I relates to employment or recipient's payroll for employment at the time of selection for the and training.The recipient has the option to determine numerical Section 3 covered award or at the time of receipt of Section 3 covered employment/training goals either on the basis of the number of hours assistance. worked by new hires(columns B,D,E and F). Part II of the farm Column C: (Mandatory Field) Enter the number of Section 3 new relates to contracting,and Part III summarizes recipients'efforts to hires for each category of workers identified in Column Ain comply with Section 3. connection with this award. Section 3 new hire refers to a Section 3 Recipients or contractors subject to Section 3 requirements must resident who is not on the contractor's or recipient's payroll for maintain appropriate documentation to establish that HUD financial employment at the time of selection for the Section 3 covered award or assistance for housing and community development programs were at the time of receipt of Section 3 covered assistance. directed toward low-and very low-income persons.* A recipient of Column D: Enter the percentage of all the staff hours of new hires Section 3 covered assistance shall submit one copy of this report to (Section 3 residents)in connection with this award. HUD Headquarters,Office of Fair Housing and Equal Opportunity. Column E: Enter the percentage of the total staff hours worked for Where the program providing assistance requires an annual Section 3 employees and trainees(including new hires)connected performance report,this Section 3 report is to be submitted at the with this award. Include staff hours for part-time and full-time same time the program performance report is submitted. Where an positions. annual performance report is not required,this Section 3 report is to be Column F: (Mandatory Field) Enterthe number of Section 3 submitted by January 10 and,if the project ends before December 31, residents that were trained in connection with this award. within 10 days of project completion. Only Prime Recipients are Part II: Contract Opportunities required to report to HUD. The report must include Block 1: Construction Contracts accomplishments ofall recipients and their Section 3 covered Item A: Enter the total dollar amount of all contracts awarded on the contractors and subcontractors. project/program. HUD Field Office: Enter the Field Office name. Item B: Enter the total dollar amount of contracts connected with this 1. Recipient: Enter the name and address of the recipient project/program that were awarded to Section 3 businesses. submitting this report. Item C: Enter the percentage of the total dollar amount of contracts 2. Federal Identification: Enter the number that appears on the connected with this project/program awarded to Section 3 businesses. award form(with dashes). The award may be a grant, Item D: Enter the number of Section 3 businesses receiving awards. cooperative agreement or contract. Block 2: Non-Construction Contracts 3. Dollar Amount of Award: Enter the dollar amount,rounded to the Item A: Enter the total dollar amount of all contracts awarded on the nearest dollar,received by the recipient. project/program. 4&5. Contact Person/Phone: Enter the name and telephone number Item B: Enter the total dollar amount of contracts connected with this of the person with knowledge of the award and the recipient's project awarded to Section 3 businesses. implementation of Section 3. Item C: Enter the percentage of the total dollar amount of contracts 6. Reporting Period: Indicate the time period(months and year) connected with this project/program awarded to Section 3 businesses. this report covers. Item D: Enter the number of Section 3 businesses receiving awards. 7. Date Report Submitted: Enter the appropriate date. Part III: Summary of Efforts—Self-explanatory Submit one(1)copy of this report to the HUD Headquarters Office of Fair Housing and Equal Opportunity,at the same time the The Secretary may establish Income ceilings higher or lower than 80 percent performance report is submitted to the program office. The Section 3 ofthe median for the area on the basis of the Secretary's findings such that report is submitted by January 10. Include only contracts executed variations are necessary because of prevailing levels of construction costs during the period specified in item 8. PHAs/IRAs are to report all or unusually high-or low-income families. Very low-income persons mean contracts/subcontracts. low-income families(including single persons)whose incomes do not exceed 50 percent of the median family income area,as determined by the * The terms"low-income persons"and very low-income persons"have Secretary with adjustments or smaller and largerfamilies,except that the the some meanings given the terms in section 3(b)(2)of the United Secretary may establish income ceilings higher or lower than 50 percent of States Housing Act of 1937. Low-income persons mean families the median for the area on the basis of the Secretary's findings that such (including single persons)whose incomes do not exceed 80 percent of variations are necessary because of unusually high or low family incomes. the median income for the area,as determined by the Secretary,with adjustments for smaller and larger families,except that Page i farm HUD 60002(11/2010) Ref 24 CFR 135 EXHIBIT"H" SEVERELY DISABLED CERTIFICATION FORM CDBG REHABILITATION CONTRACT 2015-2016—EXHIBIT"H"—SEVERELY DISABLED CERTIFICATION FORM Page 1 Rehabilitation,Education and Advocacy for Persons with Handicaps,dba REACH,Inc. Rehabilitation,Education and Advocacy for Persons with Handicaps,dba REACH,Inc. CERTIFICATION FORM DOCUMENTING CLIENT STATUS AS "SEVERELY DISABLED ADULT" Client Name: Address: City, State, Zip Client Identification No. CHECK ALL THAT APPLY ❑ Has used a wheelchair, a walker, cane , crutches or other special aid for six months or longer Has been diagnosed with one of the following conditions: Alzheimer's ❑ disease, mental retardation or other developmental disability, senility or dementia, cerebral palsy, or autism; or has another mental or emotional condition that seriously interferes with everyday tasks. Is unable to perform one or more of the following "Functional Activities": ❑ seeing, hearing, speaking and having one's speech understood, lifting or carrying,using stairs, grasping small objects, or walking. Is unable to perform or needs assistance to perform one or more of the ❑ following Activities of Daily Living (ADL): getting around inside the home, getting in or out of bed or a chair, bathing, dressing, eating, and toileting. Is unable to perform or needs assistance to perform one or more of the following Instrumental Activities of Daily Living (IADL): going outside the ❑ home, keeping track of money and bills, preparing meals, doing light housework,taking prescription medications in the right amount and at the right time, and using the telephone. ❑ Has a condition that prevents them from working at a job or doing housework. The undersigned Agency representative conducted a visual assessment of the client identified on this form and certifies that the client meets at least one of the conditions indicated above, which determines that he/ she meets the definition of"severely disabled" according to the U.S. Census Bureau. Certified by: Date: Signature/Title: CFW Neighborhood Services Dept.: Revised 08.30.2013 CDBG REHABILITATION CONTRACT 2015-2016—EXHIBIT"II"—SEVERELY DISABLED CERTIFICATION FORM Page 2 Rehabilitation,Education and Advocacy for Persons with Handicaps,dba REACH,Inc. EXHIBIT "I" MBE REPORTING FORM CDBG REHABILITATION PSA CONTRACT 2015-2016--EXHIBIT"I"--MBE REPORTING FORM Pagel Rehabilitation,Education and Advocacy for Persons with Handicaps,dba REACH,Inc. contract Pnd slbront.d Aldli7 C.s P .�etH .g u.mn,xra➢Pmma oimgp m,l2:n.:zsnoPaa _ „.,�o]-0,® Public+epatag bads fmtbia mllndimaCiJ limo mulcdbaacage.S ACaa pampmst m:IniinBtletvne(as rnsw.g vaVU.tiwu.aerdwg cwtivg d+n+owa.B+Wamg and maivta:niytle datanmfo],aM wmplGmg and m�.evvy Nes!!arim o(vJaam+tim"Ihe WOmuWnu�nfmwy:,HlrD wyva mllax N'o i�tivaaN Yn+ar.vot mlvimi!v aanpieeihuf minait duPlayaanmm%slid Oh®Cmtrvl Mavba. 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I_''.f--6- C.—Idiky D—I.P.-P— %ld dr..ily Noosing Pgn— NMI U.Ii.g.-I T.d-Housing p— 1.G1.1—Emll the name dfdI unit submitting thi,report. I.G—I R'jmt 0...Enter the—ofth<unit tfg--t n—y ,dgu....tit, PRAORM are w Wd a11 III,&only—t—,,,,t,d during this 3.C.h—P--E-,--d ph.-f f—d-i.Ig rind sihmittivg 3.C.,dlut P—I S—as item 3-d,,CPD E-1 the—ofthe-it ofgoaemment sgencyvr—agagwr-tdty contrxUSUlaontrxt data wl.nitti.g this.,t-Ch-1 box.61, 7a. E.-th.HUD Community M—J.p—t Bl..k C—Id-tifi.d.. N—N,(,ith dttlus).F.,pW 8-31NW-25-3U.F,,'E.tal-,It P.8—tId SIM J.Repo—Fendd;check only one period. J.Clltl,tP,lm: I m,Md to the—A MLI.If ID iz- ,i—i.7&11&11.fi— fort he NI——ly S.Program Code:E-r he--r-mz. Reporting Period:Ch.k onlyp,rId. .d-r.,the prime-- Z T,If Tndt:E-, m<num<nc codex which NA mdiwtc.the 7,.G,,.VPmj,,t Number:Enter the HUD PIj-I4—N—H,mi.g Cm— IfIlIll-11 ID—N,is p—d,I.7f,the type E.t,,lh-ppmp,d,M,II,.d, tM'ca'—ld be for the IN—I,only and not for the pn- TII 1INt'Illpt,i.1d&,,s.ppty,pmt2ssi.Id—ic.vnd.11 other acfiUti.—pl 71,11-11R.j-Nmb—Enter th,HUD P,,<t N,.N,,,H—g D,,,I,p.,.t Grantor __ti-and 'fi'di- M,A.—f C.—VS.N.—t;S—.i—7b—d-CI'D PI., 7d.III!—Rd,lfElhIdG-d,,CW,:E.t,r th,—,ri—d, hi,h idw- "' S.—i-71,.-71,. --. he business. Nbh,I 51%or more is not maned md-1W by my,i,pl, er the t-Ie,,ia seemsrwA wp.II—If the subcwntrxtor ID...N,is F—ided'tII 7d.D——MIIIUG—de,C—Sam<us it—7d-..&,CPD Programs. 7r.TM.-5—il.7—.d.rMFI- 7e.NY.—O—Id Business:Eat,,Ye,or N. 7d.Had—RdWEtWdG,Idt,,Chde;S—.it—7d..,,&,CPD PIg.. X C..h,uk,IdD,tift,III,DID)Number.E—the E.pl.yx,(IRS)N..N,gfthe Nut, C-t—,.the unique identifier for pd—recipient ofIIUD bId,fi-that the E.plw— 7f.C--I ld-flr—fi..(ID)N....Sun.vs I—7f wderCPD hognms. 7,W....0—,d ll d—:Z-,Y<s or N., (IRS)N—N,—M provided Itt,mh 7&&,tfi-3 C--:E-,Y,,or N,. 7",,fi-3 C'--tutor Enter Y,,or N,. 7f.Cm--ldmfir—ion(1D),NdtdN,.Some item 7Lmd,,CPDPmg- funds-When the 7fS&cfi..3C—d—Enter Yl-,Na. 7i.Secfan3l:antracror:Enter Yes or No. H.—ff-3 C-I-1h,:EhI,Y,,or N,. 7j.CId, N—and Add—Enter this mfhm.—for—1,Jim 71.ContractorBuirmnfneror Ni—and Add S....it—7j...&r CPD PIg— 765.6-3C.—.—Eater Y.—No. 7j. and Add—Same.item 7j under CPD Prog- EXHIBIT"J" LEAD SAFE HAZARD CERTIFICATION CDBG REHABILITATION PSA CONTRACT 2015-2016--EXHIBIT"J"--LEAD SAFE HAZARD CERTIFICATION Page I Rehabilitation,Education and Advocacy for Persons with Handicaps,dba REACH,Inc. CERTIFICATION REGARDING COMPLIANCE WITH LEAD-SAFE HOUSING RULE FOR MINOR REHABILITATION PROGRAMS UNDER$5000 ADDRESS OF PROPERTY TO BE REPAIRED: YEAR BUILT: SCOPE OF REPAIR/REHABILITATION: Painted Surfaces: Will be disturbed Will NOT be disturbed. If Painted surfaces will not be disturbed,;explain: For Painted Surfaces that will be disturbed: (attach photos of work site) - Work Area is Interior and is Not Largerthan 2 Square Feet: - Work Area is Interior and is Larger than 2 Square Feet: - Work Area is Exterior and is Not larger than 20 Square Feet: - Work Area is Exterior and is Larger than 20 Square Feet: Housing unit is occupied by Elderly Person and/or Disabled Person: Yes No Children Under 6 Years of Age Reside at/Regularly Visit this Housing Unit: Yes No Lead Based Paint Information Pamphlet Provided to Homeowner/Resident: Yes No Date Pamphlet Provided in housing built before 1978,for Work Areas Exceeding the above 2 Square Foot/20 Square Foot De-Minimis Levels, and where children under 6 are expected to Reside/Regularly Visit the housing unit, Lead-Certified Contractors must be used,Lead Safe Work Practices must be performed and Dust Wipes/Tests must be performed following completion of the rehabilitation work. Housing units constructed after 1978, and Pre-1978 Housing Units occupied by(Designated for?) Elderly or Disabled Persons where children are not expected to reside/visit regularly, are Exempt from the Lead Safe Housing Rule in accordance with 24 CFR 35.110,Definition of Target Housing. I certify that the information provided above is true and correct Certification by Agency Staff: Printed Name and Title: M&C Review Official ite of the City of Fort Worth,Texas CITY COUNCIL AGENDA �ORRTI� CONTINUED FROM A PREVIOUS WEEK REFERENCE 17NS DATE: 7/28/2015 NO.: G-18521 LOG NAME: HUDACTIONPLANPY2015- 2016 CODE: G TYPE: NON- PUBLIC YES CONSENT HEARING: SUBJECT: Conduct Two Public Hearings and Approve the City's 2015-2016 Action Plan for the Use of Federal Grant Funds in the Amount of$9,820,979.00 from the United States Department of Housing and Urban Development from the Community Development Block Grant, HOME Investment Partnerships Program, Emergency Solutions Grant and Housing Opportunities for Persons with AIDS Grant Programs, Authorize Collection and Use of Program Income, Authorize Waiver of Application of Indirect Cost Rates, Authorize Execution of Related Contracts and Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council: 1. Conduct two public hearings to allow citizen input and consideration of the City's 2015-2016 Action Plan for use of federal grant funds from the United States Department of Housing and Urban Development in the amount of $9,820,979.00 from the Community Development Block Grant, HOME Investment Partnerships Program, Emergency Solutions Grant and Housing Opportunities for Persons with AIDS grant programs and for the use of program income from activities using prior years' federal grant funds; 2. Approve the City's 2015-2016 Action Plan for submission to the United States Department of Housing and Urban Development including allocations of grant funds to particular programs and activities as detailed below; 3. Authorize the collection and use of an estimated $50,000.00 of program income, which resulted from activities using prior years' Community Development Block Grant fund, for the reconstruction of City streets; 4. Authorize the collection and use of an estimated $200,000.00 of program income, which resulted from activities using prior years' HOME Investment Partnerships Program funds, for the City's Homebuyer Assistance Program; 5. Authorize the City Manager or his designee to execute contracts for a one-year term with the agencies listed in Tables 1, 2 and 3 below for Program Year 2015-2016 for Community Development Block Grant, Emergency Solutions Grant and Housing Opportunities for Persons with AIDS grant funds, contingent upon receipt of funding; 6. Authorize the City Manager or his designee to extend the contracts for up to one year if an agency or department requests an extension and such extension is necessary for completion of the program or to amend the contracts if necessary to achieve program goals provided any amendment is within the scope of the program and in compliance with City policies and all applicable laws and regulations governing the use of federal grant funds; http://apps.cfwnet.org/council_packet/mc_review.asp?ID=21233&councildate=8/4/2015[8/5/2015 8:44:59 AM] M&C Review 7. Authorize a waiver of indirect cost rates as applicable for the Grants Fund in accordance with the City's Administrative Regulations; and 8. Adopt the attached appropriation ordinance increasing the estimated receipts and appropriations to the Grants Fund in the total amount of $9,820,979.00 consisting of $6,332,270.00 in Community Development Block Grant funds, $1,934,447.00 in HOME Investment Partnerships Program funds, $552,108.00 in Emergency Solutions Grant funds and $1,002,154.00 in Housing Opportunities for Persons with AIDS grant funds, plus any program income, all subject to receipt of such funds. DISCUSSION: The City's 2015-2016 Action Plan summarizes the major housing and community development activities and proposed expenditures for the program year beginning October 1, 2015 and ending September 30, 2016 for use of federal grant funds totaling $9,820,979.00 from the United States Department of Housing and Urban Development (HUD) for Community Development Block Grant (CDBG), HOME Investment Partnerships Program (HOME), Emergency Solutions Grant (ESG) and Housing Opportunities for People with AIDS (HOPWA) grant programs. It also summarizes the use of program income resulting from activities using prior years' CDBG and HOME funds. The purpose of these grant funds is to primarily benefit low and moderate income City residents with ESG funds primarily benefiting homeless persons and HOPWA funds primarily benefiting persons with HIV/AIDS. Staff developed recommendations for the allocation of the estimated funding from HUD and presented them to the Community Development Council (CDC) on May 20, 2015 and to the City Council at its Pre-Council meeting on June 16, 2015. Notice of a 30-day public comment period from July 1, 2015 to July 31, 2015 was published in the Fort Worth Star-Telegram on June 28, 2015. Any comments received will be maintained by the Neighborhood Services Department in accordance with federal regulations. The City will hold two public hearings as part of the HUD- required citizen participation process, the first on July 28, 2015 and the second on August 4, 2015 at which time the City Council is scheduled to approve the Action Plan. In addition, public hearings were held on June 18, 2015 at 11:30 a.m. and 6:00 p.m. for citizens to provide comment on the proposed list of neighborhood streets eligible for reconstruction using CDBG funds. A summary of the CDC's funding recommendations is provided below in Tables 1, 2 and 3 and a spreadsheet of all specific funding recommendations is attached. The 2015-2016 Action Plan must be submitted to HUD by August 14, 2015. CDBG For Program Year 2015-2016, it is recommended that the amount of $6,332,270.00 in CDBG funds and the estimated amount of$50,000.00 of CDBG program income be allocated as follows: Public Services -$949,840.00 This item includes social services for low to moderate income, disabled and disadvantaged populations. Housing Programs and Services -$2,175,600.00 This item includes funding for the City's Priority Repair Program, Cowtown Brush-Up, homebuyer and housing services, accessibility modifications to the homes of senior and/or disabled individuals and related project delivery costs for these programs. Infrastructure Services -$1,201,521.53 This item includes funding for the reconstruction of neighborhood streets. http://apps.cfwnet.org/council_packet/mc review.asp?ID=21233&eouncildatc=8/4/2015[8/5/2015 8:44:59 AM] M&C Review CDBG Economic Development -$738,854.47 This item is the City's annual payment on its Section 108 loan from HUD. CDBG Estimated Program Income -$50,000.00 This item includes funding for the reconstruction of City streets in addition to the funds listed above under Infrastructure Services. CDBG program income that is received which is over the estimated amount but not used for reconstruction of City streets will be allocated to priority activities in the City's Consolidated Plan subject to Council approval. CDBG General Administration -$1,266,454.00 This item includes costs for administering the CDBG grant including allocations for Financial Management Services, Internal Audit and Transportation and Public Works Departments. HOME For Program Year 2015-2016, it is recommended that the amount of $1,934,447.00 in HOME funds and the estimated amount of $200,000.00 of HOME program income be allocated as follows: Homebuyer Assistance Program (HAP) -$1,097,400.00 This item includes funding for down payment and/or closing cost assistance to low and moderate income homebuyers. Community Development Housing Organizations (CHDO) Set Aside -$290,168.00 HUD requires that a minimum of 15 percent of HOME funds be allocated to CHDOs for affordable housing projects and CHDO administrative operating costs. These funds will be used by Tarrant County Housing Partnership, Inc. (TCHP), a CHDO, to construct additional single family houses for the 21 lot Hardy Street Single Family Infill Development in the Diamond Hill-Jarvis neighborhood (Council District 2). The houses will be sold to homebuyers making at or below 80 percent of area median income set by HUD. Single-Family Development -$353,435.00 This item includes funding for construction by TCHP of additional single family houses for the Hardy Street Single Family Infill Development. HOME General Administration -$193,444.00 This item includes costs for administering the HOME grant. HOME Estimated Program Income -$200,000.00 This item includes funding for the City's HAP for closing cost and/or down payment assistance in addition to the funds listed above. HOME program income that is received which is over the estimated amount but not used for HAP will be allocated to priority activities in the City's Consolidated Plan subject to Council approval. HUD allows the City to take 10 percent of any HOME program income to be used for the costs for administering the HOME grant. HOPWA For Program Year 2015-2016, it is recommended that the amount of $1,002,154.00 in HOPWA funds be allocated as follows: Non-Profit Service Providers -$972,090.00 HOPWA Program Administration -$30,064.00 ESG http://apps.cfwnet.org/council_packet/mc review.asp?ID=21233&councildate=8/4/2015[8/5/2015 8:44:59 AMA M&C Review For Program Year 2015-2016, it is recommended that the amount of$552,108.00 in ESG funds be allocated as follows: Non-Profit Service Providers -$510,700.00 ESG Program Administration -$41,408.00 CONTRACT RECOMMENDATIONS The CDC and Staff recommend that contracts be executed with the listed agencies for the amounts shown in the following tables: Community Development Block Grant Contracts: Table 1 -CDBG Agencies Organization Program JAmount Cenikor Foundation Substance Abuse $ 75,000.00 Senior Citizen Services of Greater Tarrant Senior Services $ 75,000.00 County Inc. YMCA of Metropolitan Fort Worth Child Care Services Fs 75,000.00 YWCA of Fort Worth and Tarrant County Child Care Services $ 49,840.00 Clayton Child Care Inc. d/b/a Clayton YES! Child Care Services $ 75,000.00 Girls Inc. of Tarrant County Youth Services $ 75,000.00 Camp Fire First Texas Youth Services $ 75,000.00 Lena Pope Home, Inc. Youth Services $ 75,000.00 The Ladder Alliance Employment/Job $ 75,000.00 Training Tarrant County Housing Partnership, Inc. Housing Counseling $ 75,000.00 and Education Case Presbyterian Night Shelter Management/Main F75,000.00 Shelter [The Salvation Army, a Georgia Corporation Homeless Services $ 75,000.00 Meals on Wheels, Inc. of Tarrant County Home-delivered $ 75,000.00 Meals Program CDBG Public Service Subtotal F $ 949,840.00 Rehabilitation, Education and Advocacy for Project Ramp $ 100,000.00 Persons with Handicaps, dba REACH, Inc.** [Total CDBG Contracts $1,049,840.00 "REACH will be funded from the CDBG Housing Programs and Services budget. http://apps.cfwnet.org/council_packet/mc_review.asp?ID=21233&councildate=8/4/2015[8/5/2015 8:44:59 AM] M&C Review Housing Opportunities For Persons With AIDS Contracts: Table 2 - HOPWA Agencies Organization Program Amount Tarrant County Administration (seven percent), Supportive Services, $420,063.00 Samaritan and Facility Based Housing Subsidy Assistance Housing, Inc. AIDS Administration (seven percent), Supportive Services, Outreach Tenant Based Rental Assistance (TBRA), and Short $552,027.00 Center, Inc. Term Rent Mortgage and Utility Assistance (STRMU) TOTAL HOPWA $972,090.00 Contracts F Emergency Solutions Grant Contracts: Table 3 - ESG Agencies Organization Program Amount SafeHaven of Tarrant County Shelter Services $104,265.00 I Presbyterian Night Shelter FS helter Services 85,908.00 _F Day Resource Center for the Homeless Shelter Services v $141,092.00 The Salvation Army, a Georgia Homelessness Corporation Prevention 1$10010 00.00 YWCA Fort Worth and Tarrant County Rapid Re-Housing $ 79,435.00 TOTAL ESG Contracts I $510,700.00 These programs are available in ALL COUNCIL DISTRICTS. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations, adoption of the attached appropriation ordinance and receipt of grant funds, funds will be available in the current operating budget, as appropriated, of the Grants Fund. TO Fund/Account/Centers FROM Fund/Account/Centers 21001 4310013 019CDBG $6.332.270.00 http://apps.cfwnet.org/council_ packet/me review.asp?ID-21233&councildate=8/4/2015x8/5/2015 8:44:59 AMA M&C Review 21001 5XXXXXX 019CDBG $6,332,270.00 21001 4310013 019HOME $1,934.447.00 21001 5XXXXXX 019HOME $1.934.447.00 21001 4310013 019ESG $552,108.00 21001 5XXXXXX 019ESG $552.108.00 21001 4921001 019CDBG $50.000.00 21001 5XXXXXX 019CDBG $50.000.00 21001 4310013 019HOPWA $1.002154.00 21001 5XXXXXX 019HOPWA $1,002,15100 21001 4921001 019HOME $200.000.00 21001 5XXXXXX 019HOME $200.000.00 Submitted for City Manager's Office b.,,L Fernando Costa (6122) Originating Department Head: Allison Gray (8030) Additional Information Contact: Avis Chaisson (6342) Leticia Rodriguez (7319) ATTACHMENTS 17NS HUDACTION PLAN PY2015-2016 GR76 AO FY2015.docx Action Plan 15 16 FINAL MandC Slides LHR.pdf Proposed 2015 CDBG Infrastructure Project MandO.pddf http://apps.cfu,net.org/council_packet/me review.asp?ID-21233&councildate-8/4/2015[8/5/2015 8:44:59 AM]