Loading...
HomeMy WebLinkAboutContract 48377 Cri Y SECRETARY Ul ,CONTRACT NO. 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 Camp Fire First Texas (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 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, 51% 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: 1. 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 2016 income limits are attached hereto as EXHIBIT "A-1"—2016 HUD Income Limits. Business Diversity Enterprise Ordinance or BDE means the City's Business Diversity Ordinance, Ordinance No. 20020-12-2011. CDBG means Community Development Block Grant. Complete Documentation means the following documentation as applicable: CDBG 51%PSA CONTRACT 2016-2017 OFFICIAL RECORD Page 1 Camp Fire First Texas CITY SECRETARY Rev.9.27.2016 FT.WORTH TX • Attachments I, 11, and III, with supporting documentation including: 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: either (i) verifiable self-certification of income such as the City's Certification Income Statement attached as EXHIBIT "E" — Form of Income Self-Certification or a similar form approved by City, or(ii) Source Documentation. • 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. Countywide Agencies means agencies with 10% or more of clients that reside outside of the boundaries of the City. All other agencies are considered Fort Worth agencies. 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, 2016. 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, at least 51% of the clients served by the Program must be Income Eligible Clients. Neighborhood Services Department means the City's Neighborhood Services Department. CDBG 51%PSA CONTRACT 2016-2017 Page 2 Camp Fire First Texas Rev. 9.27.2016 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. 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 count of all clients served by the Program at least once in the Contract Term. Clients served by the Program more than once in the Contract Term will only be 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, 2017 unless earlier terminated as provided in this Contract. 4. DUTIES AND RESPONSIBILITIES OF CITY. 4.1 Provide CDBG Funds. City shall provide up to $78,905.00 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. CDBG 51%PSA CONTRACT 2016-2017 Page 3 Camp Fire First Texas Rev.9.27.2016 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. 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 1,2017. 5.2.3 Change in Program Budget. 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, 2017, 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 Attachment III— Client Data Report in EXHIBIT "D" —Reimbursement Forms monthly. 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: CDBG 51%PSA CONTRACT 2016-2017 Page 4 Camp Fire First Texas Rev.9.27.2016 Unduplicated Clients as specified`in EXHIBIT Program Month Ex enditures` Summa ; 3 25% 25% 6 50% 50% 9 75% 75% 12 100% 100% 5.3.2 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 96 Unduplicated Clients under this Contract may, in City's sole discretion, disqualify Agency for consideration under the City's Request for Proposals for the 2017-2018 Program Year for federal grant funds. 5.3.4 Amendments to performance milestones regarding CDBG Funds 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, 2017. 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. 5.7 Identify 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. 5.8 Meet National Obiective. Agency shall ensure that the activities carried out in the Program will meet the National Objective. 5.9 Program 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. CDBG 51%PSA CONTRACT 2016-2017 Page 5 Camp Fire First Texas Rev. 9.27.2016 CLIENT ELIGIBILITY VERIFICATION. 6.1 Client Eligibility. Agency will document client eligibility as follows: 6.3.1 Agency Clients. Agency must verify all new clients' income with either a verifiable self-certification of income such as the City's Certification of Income Statement attached as EXHIBIT "E" —Form of Income Self-Certification or a similar form approved by City, or 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 at least 51% of them must be Income Eligible Clients. 6.3.1.1 If Agency serves both Fort Worth and non-Fort Worth clients, the proportion of Program costs allocated to the CDBG-funded portion of the Program Budget must be consistent with the proportion of Fort Worth clients to all clients. 6.3.1.2 All Program clients must be reported on EXHIBIT "D" — Reimbursement Forms, Attachment III. All Program clients whose income has not been verified will be deemed to not be Income Eligible Clients and shall not be included in the 51%. 6.3.2 Verification of Program Eligibility. 6.3.2.1 At the end of each quarter during the Contract term, Agency shall verify CDBG Program Eligibility by confirming that at least 51% of clients served by the Program to date are Income Eligible Clients as reported on Attachment III. 6.3.2.2 If Agency fails to verify Program eligibility on a quarterly basis in compliance with this Section, Agency will have 30 calendar days or until the next monthly invoice to cure. 6.3.2.3 City will notify Agency by e-mail within 20 calendar days if the Program performance milestones were not met within the requirements outlined in this Section 6.1.2.2. Agency will have an additional 30 calendar days from the date of the e-mail notice to meet these requirements. If Agency fails to submit all the required information, 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. 6.3.2.4 In the event the Agency fails to meet the Program performance milestones, City reserves the right in its sole option to delay or CDBG 51%PSA CONTRACT 2016-2017 Page 6 Camp Fire First Texas Rev.9.27.2016 withhold payment of Reimbursement Requests, to lower Agency's allocation of CDBG Funds, or to terminate this Contract. 6.4 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. 6.5 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 terminate immediately, and (ii) require Agency to repay City the CDBG Funds it has already received and forfeit any future payments of CDBG Funds. 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 an 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 2016-2017 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 monitoring is deemed to begin on October 1, 2017 and end on September 30, 2022 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 CDBG 51%PSA CONTRACT 2016-2017 Page 7 Camp Fire First Texas Rev.9.27.2016 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 Ai4ency 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 termination 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 II (B), 2 CFR Part 200. 7.4.2 Agency shall not make any contract with parties listed on the government wide 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 with 2 CFR Part 200.400 through 2 CFR Part 200.475. CDBG 51%PSA CONTRACT 2016-2017 Page 8 Camp Fire First Texas Rev.9.27.2016 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, Cost Principles, and Audit 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 Applicable 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 14.14.2.1 and 14.14.4, Agency shall establish conflict of interest policies for federal awards. Agency shall disclose to City in writing any potential conflict of interest. 7.11 Compliance 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 51%PSA CONTRACT 2016-2017 Page 9 Camp Fire First Texas Rev.9.27.2016 7.11.1 Agency shall provide City with its DUNS number. 7.12 Internal Controls. In compliance with the requirements of 2 CFR Part 200.303, Agency shall: 7.12.1 Establish and maintain effective internal control over the CDBG Funds that provides reasonable assurance that Agency is managing the CDBG Funds in compliance with federal statutes, regulations, and the terms and conditions of this Contract. These internal controls shall be in compliance with guidance in "Standards for Internal Control in the Federal Government" issued by the Comptroller General of the United States or the "Internal Control 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 or City designates as sensitive or Agency considers sensitive consistent with applicable federal, state, local and tribal laws regarding privacy and obligations of confidentiality. 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 of any document City deems necessary for the effective fulfillment of City's monitoring and evaluation responsibilities. Specifically, Agency will keep or cause to be kept an accurate record of all actions taken and all funds spent, with supporting and back-up documentation. Agency will maintain all records and documentation related to this Contract for 5 years after the Contract term ends. If any claim, litigation, or audit is initiated before the expiration of the 5 year period, the relevant records and documentation 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, 2017 and end on September 30,2022 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 CDBG 51%PSA CONTRACT 2016-2017 Page 10 Camp Fire First Texas Rev.9.27.2016 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 1,2017 and end on September 30, 2022 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. 8.5.2 City Reserves the Right 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, 2017 and end on September 30, 2022 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 CDBG 51%PSA CONTRACT 2016-2017 Page 11 Camp Fire First Texas Rev.9.27.2016 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 CDBG FUNDS OR SPENT CDBG FUNDS ON ANY INELIGIBLE ACTIVITIES, AGENCY AGREES TO REIMBURSE CITY THE AMOUNT OF SUCH MONIES PLUS THE AMOUNT OF ANY SANCTIONS, PENALTY OR OTHER CHARGE LEVIED 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 2017 MUST BE RECEIVED BY OCTOBER 1, 2017. COMPLETE DOCUMENTATION FOR ALL SEPTEMBER 2017 EXPENSES MUST BE SUBMITTED BY OCTOBER 15,2017. FAILURE TO SUBMIT A FINAL REIMBURSEMENT REQUEST WITH COMPLETE DOCUMENTATION BY OCTOBER 15, 2017 WILL RESULT IN FORFEITURE 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 may be penalized, at City's sole discretion, in the Request for Proposal for the 2017-2018 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 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, eligible, consistent with the terms and conditions of this Contract, and the data contained in the report is true and correct. CDBG 51%PSA CONTRACT 2016-2017 Page 12 Camp Fire First Texas Rev.9.27.2016 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 her demographic information. The Client Data Report must maintain a list of all clients served during the Contract term. In order for this report to be complete, the following must be submitted: 9.2.3.1 Documentation of income verification for each Unduplicated Client the first time the client is served by the Program, which will either be the completed form of EXHIBIT "E" - Form of Income Self Certification or similar form approved by City, or Source Documentation. 9.2.4 Delivery of Reimbursement Request. 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.gov or to the Agency's designated City contract administrator, but Agency must submit a signed original of Attachment I by the deadline in Section 9.1.1. 9.2.5 Countywide Agencies. Countywide Agencies shall submit EXHIBIT "A-2" — Reporting Requirements for Countywide Agencies quarterly with the January, April, July and September Reimbursement Requests. A paper copy must be submitted with the Reimbursement Request, and an electronic copy must also be emailed to psa@fortworthtexas.gov or to the Agency's designated City Contract administrator. CDBG 51%PSA CONTRACT 2016-2017 Page 13 Camp Fire First Texas Rev.9.27.2016 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 Request or Required 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, 2017, OR IF THE SUBMITTED REIMBURSEMENT REQUEST FOR OCTOBER 1,2017 IS LATE,INCOMPLETE OR OTHERWISE NOT IN COMPLIANCE WITH THIS CONTRACT OR THE CDBG REGULATIONS AS DETERMINED BY 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. 10.2 Failure to Maintain Records or Submit Reports and Documentation. 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 CDBG 51%PSA CONTRACT 2016-2017 Page 14 Camp Fire First Texas Rev. 9.27.2016 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, or fails to submit or resubmit any such report or documentation within such time, City shall have 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 such CDBG Funds are not repaid to City within the 30 day period, City shall exercise all legal remedies available under this Contract. 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 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. CDBG 51%PSA CONTRACT 2016-2017 Page 15 Camp Fire First Texas Rev.9.27.2016 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 Compensation 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 this Contract shall impair any such right or remedy or constitute a waiver or acquiescence in any Agency default. 10.7 Waiver of Breach Not Waiver of Subsequent Breach. The waiver of a default or breach of any term, 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 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. CDBG 51%PSA CONTRACT 2016-2017 Page 16 Camp Fire First Texas Rev.9.27.2016 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. In terminating in accordance with 2 CFR Part 200, Appendix lI, this Contract may be 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 A2ency 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 City may require that 10% of the CDBG Funds be repaid to City 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 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. CDBG 51%PSA CONTRACT 2016-2017 Page 17 Camp Fire First Texas Rev.9.27.2016 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. Regardless of notice by Agency, if the non-profit status of Agency changes after the date of this Contract, City may but is not obligated to, terminate this Contract. 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. City, in its sole discretion, may require that 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 City against Agency. For purposes of this Contract, this 5 year period for survival of certain Contract provisions is deemed to begin on October 1, 2017 and end on September 30, 2022 regardless of whether or not this Contract is earlier terminated. 14. GENERAL PROVISIONS 14.1 A14ency 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 Agency 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 HEREBY INDEMNIFIES AND HOLDS HARMLESS CITY AND ITS OFFICERS, AGENTS, AND EMPLOYEES FROM ANY AND ALL CLAIMS OR SUITS PERTAINING TO OR CONNECTED WITH SUCH PROPERTY. CDBG 51%PSA CONTRACT 2016-2017 Page 18 Camp Fire First Texas Rev.9.27.2016 14.5 Religious Organization. Agency shall comply with all applicable requirements as more particularly described in 24 CFR Part 5.109. No portion of the CDBG Funds shall be used in support of any sectarian or religious activity. In addition, there must be no religious or membership criteria for clients of a CDBG-funded service. 14.5.1. Separation of Explicitly Religious Activities. Agency retains its independence and may continue to carry out its mission, including the definition, development practice, and expression of its religious beliefs, provided that it does not use CDBG Funds to support or engage in any explicitly religious activities (including activities that involve overt religious content such as worship, religious instruction, or proselytization), or in any other manner prohibited by law. 14.5.2 Explicitly Religious Activities. If Agency engages in explicitly religious activities (including activities that involve overt religious content such as worship, religious instruction, or proselytization), the explicitly religious activities must be offered separately, in time or location, from the programs or activities supported by CDBG Funds and participation must be voluntary for clients of a CDBG-funded service. 14.5.3 Required Notices. If Agency constitutes a Faith-based organization under 24 CFR Part 5.109, Agency must provide all clients of a CDBG-funded service with the notice attached as EXHIBIT "K"— Notice of Beneficiary Rights. Such notice shall be provided to the client prior to enrollment in any CDBG-funded program or activity. In addition, if a client or prospective client of a CDBG- funded service objects to the religious character of Agency, then Agency must promptly undertake reasonable efforts to identify and refer the client or prospective client to an alternate provider to which the client or prospective client has no such objection, as more particularly described in 24 CFR Part 5.109. 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 the State of Texas. If any action, whether real or asserted, at law or in equity, arises out of the execution, performance or non-performance of this Contract or on the basis of any provision herein, for any issue not governed by federal law, the choice of law shall be the laws of the State of Texas. 14.8 Severability. The provisions of this Contract are severable, and if for any reason a clause, sentence, paragraph or other part of this Contract shall be determined to be invalid by a court or federal or state agency, board or commission having jurisdiction over the subject matter thereof, such CDBG 51%PSA CONTRACT 2016-2017 Page 19 Camp Fire First Texas Rev.9.27.2016 invalidity shall not affect other provisions which can be given effect without the invalid provision. 14.9 Written Agreement Entire Contract. This written instrument and the Exhibits, Attachments, and Addendums attached hereto, which are incorporated by reference and made a part of this Contract for all purposes, constitute the entire agreement by the Parties concerning the work and services to be performed under this Contract. Any prior or contemporaneous oral or written agreement which purports to vary the terms of this Contract shall be void. Any amendments to the terms of this Contract must be in writing and executed by the Parties. 14.10 Paragraph Headings for Reference Only, No Legal Significance; Number and Gender. The paragraph headings contained herein are for convenience in reference to this Contract and are not intended to define or to limit the scope of any provision of this Contract. When context requires, singular nouns and pronouns include the plural and the masculine gender shall be deemed to include the feminine or neuter and the neuter gender to include the masculine 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. Agency agrees to comply fully with all applicable laws and regulations that are currently in effect or that are hereafter amended during the performance of this Contract. Those laws 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) ➢ Title VI of the Civil Rights Act of 1964 (42 U.S.C. Sections 2000d et seq.) including provisions requiring recipients of federal assistance to ensure meaningful access by persons 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. Sections 1251 et seq.) and the Clean Water Act of 1977, as amended (33 U.S.C. Sections 1251 et seq.) and the related Executive Order 11738. In no event shall any amount of the assistance provided CDBG 51%PSA CONTRACT 2016-2017 Page 20 Camp Fire First Texas Rev.9.27.2016 under this Contract be utilized with respect to a facility that has given rise to a conviction under the Clean Air Act or the Clean Water Act. ➢ 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 subgrants 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 $2,500 for other contracts which involve the employment of mechanics or laborers, Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327A 300) as supplemented by 29 CFR Part 5 ➢ 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. 4851 et seq.) and implementing regulations at 24 CFR Part 35, subparts A,B, M, and R ➢ Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 CFR Part 200 et seq. ➢ Federal Funding Accountability and Transparency Act of 2006 ("FFATA") (Pub.L. 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 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. 14.12 HUD Assisted Proieets and Employ—ent and other Economie 14.13 Prohibition Against Discrimination. 14.13.1 General Statement. Agency shall comply in the execution, performance or attempted performance of this Contract, with all non-discrimination requirements of 24 CFR Part 570.607 and Chapter 17, Article III, Division 4 — Fair Housing of the City Code. Agency may not discriminate against any person because of race, color, sex, gender, religion, national origin, familial status, disability or perceived disability, sexual orientation, gender identity, gender expression, or transgender, nor will Agency permit its officers, members, agents, employees, or clients to engage in such discrimination. CDBG 51%PSA CONTRACT 2016-2017 Page 21 Camp Fire First Texas Rev.9.27.2016 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 and agrees that Agency, its officers, members, agents, employees and contractors, have fully complied with all provisions of same and that no employee, or applicant for employment has been discriminated against under the terms of such ordinances by either or its officers, members, agents, employees or contractors. 14.13.2 No Discrimination in Employment during the Performance of This Contract. During the performance of this Contract Agency agrees to the following provision, and will require that its contractors and subcontractors also comply with such provision by including 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 apprenticeship. [Contractor's, Subcontractor's or Vendor's name] agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. [Contractor'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 origin, familial status, disability or perceived disability, sexual orientation, gender identity, gender expression or transgender. [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 of their age or because of any disability or perceived disability, except on the basis of a bona fide occupational qualification, retirement plan or statutory requirement. [Contractor's Subcontractor's or Vendor's name] further covenants that neither it nor its officers, members, agents, employees, contractors, or persons acting on their behalf, shall specify, in solicitations or advertisements for employees to work on this Contract, a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan or statutory requirement. CDBG 51%PSA CONTRACT 2016-2017 Page 22 Camp Fire First Texas Rev.9.27.2016 14.13.3 A2ency'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 CLAIMS OR ALLEGATIONS ASSERTED BY THIRD PARTIES, CONTRACTORS 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 LAWS CONCERNING DISABILITY DISCRIMINATION IN THE PERFORMANCE OF THIS CONTRACT. 14.14. Conflicts of Interest and Violations of Criminal Law. 14.14.1 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. 14.14.2 General Prohibitions Against 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 1 year thereafter. 14.14.2.1 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. 14.14.3 Conflicts of Interest Involving Procurement. The conflict of interest provisions of 2 CFR Part 200.318 shall apply in the procurement of property and services by Agency. In all cases not governed by this Section, the provisions of 24 CFR Part 570.611 of the CDBG Regulations shall apply. CDBG 51%PSA CONTRACT 2016-2017 Page 23 Camp Fire First Texas Rev.9.27.2016 14.14.3.1 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. 14.14.3.2 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. 14.14.3.3 Notwithstanding the prohibition contained in Section 14.14.3.2, 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. 14.14.3.4 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. 14.14.3.5 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. 14.14.4 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. 14.14.5 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. 14.14.6 Disclosure of Federal Criminal Law Violations. 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. CDBG 51%PSA CONTRACT 2016-2017 Page 24 Camp Fire First Texas Rev.9.27.2016 14.15 Subcontracting with Small and Minority Firms, Women's Business Enterprises and Labor Surplus Areas. 14.15.1 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. 14.15.2 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. 14.15.2.1 In order to comply with federal reporting requirements 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. 14.16 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. 14.17 Assignment. 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. 14.18. RiLht to Inspect ALrency Contracts. 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. 14.19 Force Maieure 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 CDBG 51%PSA CONTRACT 2016-2017 Page 25 Camp Fire First Texas Rev. 9.27.2016 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 NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, 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, OF WHATSOEVER KINDS OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE OR NONPERFORMANCE OF THIS CONTRACT AND/OR THE OPERATIONS, ACTIVITIES AND SERVICES OF THE PROGRAM DESCRIBED HEREIN, WHETHER OR NOT CAUSED IN WHOLE OR IN PART BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS OF CITY. 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, MEMBERS, AGENTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, INVITEES, LICENSEES, OR CLIENTS, OR CAUSED, IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS OF CITY. IT IS THE EXPRESS INTENTION OF THE PARTIES, BOTH AGENCY AND CITY, THAT THE INDEMNITY PROVIDED FOR THIS SECTION INCLUDES INDEMNITY BY AGENCY TO INDEMNIFY AND PROTECT CITY FROM THE CDBG 51%PSA CONTRACT 2016-2017 Page 26 Camp Fire First Texas Rev. 9.27.2016 CONSEQUENCES OF CITY'S OWN NEGLIGENCE, WHETHER THAT 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 CONTRACT, EVEN IF THE INJURY, DEATH, DAMAGE OR LOSS IS CAUSED BY CITY'S SOLE OR CONCURRENT NEGLIGENCE. AGENCY SHALL REQUIRE ALL OF ITS CONTRACTORS AND SUBCONTRACTORS TO INCLUDE IN THEIR CONTRACTS AND 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 the form of insurance or bond in the amount of $78,905.00 to insure against loss from the fraud, theft or dishonesty of any of Agency's 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 $ 500,000 each occurrence $1,000,000 aggregate limit CDBG 51%PSA CONTRACT 2016-2017 Page 27 Camp Fire First Texas Rev.9.27.2016 Non-Profit Organization Liability or Directors & Officers LiabilitX $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 the primary responding insurance policy versus a personal auto insurance policy if or when in the course of Agency's business as contracted 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. 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 CDBG 51%PSA CONTRACT 2016-2017 Page 28 Camp Fire First Texas Rev.9.27.2016 Texas. Insurers shall be acceptable to City insofar as their financial strength and solvency and each such company shall have a current minimum A.M. Best Key Rating Guide rating of A-: VII or other equivalent insurance industry standard rating otherwise approved by City. 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 their organizational duties. Coverage shall protect not only the entity, but all past, present and future directors, officers, trustees, employees, volunteers and committee 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. 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 employee of any agency, member of Congress in connection with this federal contract, grant, loan or cooperative agreement, Agency shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. CDBG 51%PSA CONTRACT 2016-2017 Page 29 Camp Fire First Texas Rev. 9.27.2016 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 Copy to: Neighborhood Services Department 1000 Throckmorton Street Fort Worth, TX 76102 Attention: Management Analyst II Telephone: 817-392-7369 CDBG 51%PSA CONTRACT 2016-2017 Page 30 Camp Fire First Texas Rev.9.27.2016 Allency: Camp Fire First Texas Ann Sheets, President& CEO 2700 Meacham Blvd. Fort Worth, TX 76137 Telephone: 817-831-2111 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 51%PSA CONTRACT 2016-2017 Page 31 Camp Fire First Texas Rev.9.27.2016 IN WITNESS WHEREOF, the Parties hereto have executed 4 duplicate originals of this Contract in Fort Worth, Tarrant County, Texas. T ST: CITY OF FORT WORTH ty Secretary rnando Costa,Assistant City Manager M&C: G-18793 /�� �o°a°°o0 i Date: August 9, 2016 APPROVED AS TO FORMA 7L!,��fjUGAT;y7T'Y:�c ���8953 0Qpm a Assistant C' , .Atltorney CAMFIRE FIRST TEXAS By: _ "I �tc' -- Ann Sheets,President& CEO OFFICIAL RECORD CITY SECRETARY FT WORTH, TX CDBG 51%PSA CONTRACT 2016-2017 Page 32 Camp Fire First Texas Rev.9.27.2016 EXHIBITS: EXHIBIT "A"—Program Summary EXHIBIT "A-1"—2016 HUD Income Limits EXHIBIT "A-2"—Reporting Requirements for Countywide Agencies 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 (NOT APPLICABLE) EXHIBIT "H"—Severely Disabled Certification Form EXHIBIT "I"—MBE Reporting Form EXHIBIT "J"—Duties of the Parties for Use of NSD Community Centers EXHIBIT "K"—Notice of Beneficiary Rights CDBG 51%PSA CONTRACT 2016-2017 Page 33 Camp Fire First Texas Rev.9.27.2016 CAMP FIRE FIRST TEXAS EXHIBIT "A" Step-Up Program PROGRAM SUMMARY PROGRAM SUMMARY (CDBG) October 1, 2016 to September 30, 2017 $78,905.00 PERIOD AMOUNT Capitalized terms not defined herein shall have meanings assigned them in the Contract. PROGRAM: Program provides life-skills training including conflict resolution, communication skill building, and goal setting for at-risk youth ages 13 to 19 years of age in a supportive group atmosphere. Program includes two parent meetings at the North Tri-Ethnic Neighborhood Center. CDBG Funds will be used to pay for a percentage of salaries and fringe benefits for Program employees. The percentage of any Program employee's salary will not exceed the percentage of Fort Worth clients participating in the Program and shall be cost allocated in accordance with the amount applicable to the CDBG funded Program. Agency's office is located at 2700 Meacham Blvd., Fort Worth, TX 76137. Agency will provide Program services during the school year at the following locations on the following days and times: North Side High School 2211 McKinley Avenue, Fort Worth, TX 76164 Monday and Wednesday, 3:30 p.m. to 4:30 p.m. Additional services may be provided during school lunch at this location Diamond Hill-Jarvis High School chool 1411 Maydell Street, Fort Worth, TX 76106 Tuesday and Thursday, 3:30 p.m. to 4:30 p.m. Additional services may be provided during school lunch at this location W.A. Meacham Middle School 3600 Weber Street, Fort Worth, TX 76106 Tuesday and Thursday, 4:20 p.m. to 5:30 p.m. Additional services may be provided during school lunch at this location Kirkpatrick Middle School 3201 Refugio Avenue, Fort Worth, TX 76106 Monday and Wednesday, 4:20 p.m. to 5:30 p.m. Additional services may be provided during school lunch at this location CDBG 51%PSA CONTRACT 2016-2017—EXHMIT"A"—PROGRAM SUMMARY Page 1 Camp Fire First Texas North Tri-Ethnic Neighborhood Center 2950 Roosevelt Avenue, Fort Worth, TX 76106 Friday, 4:30 p.m. to 5:30 p.m. Program services will also be provided during the summer at the following City of Fort Worth Neighborhood Center locations: North Tri-Ethnic Neighborhood Center 2950 Roosevelt Avenue, Fort Worth, TX 76106 Tuesday and Thursday, 2:30 p.m. to 4:30 p.m. Northside Neighborhood Center 1100 NW 18th Street, Fort Worth, TX 76164 Monday and Wednesday, 2:30 p.m. to 4:30 p.m. Agency shall not change any locations without prior City approval. Costs incurred at any locations that have not been approved by City shall not be reimbursed. Agency is a Fort Worth Agency which means at least 90% of clients served by the Program are Fort Worth residents. Agency will submit documentation which verifies that at least 51% of all clients served by the Program, whether Fort Worth residents or not, are Income Eligible Clients with current household incomes at or below 80% of AMI . REGULATORY CLASSIFICATION: IDIS Matrix Code(s) and Service Category: 05D Youth Services National Objective Citation: LMC Low/Mod Limited Clientele 24 CFR 570.208(a)(2) Regulatory Citation(s): 24 CFR 570.201(e) PROGRAM GOALS: Minimum Fort Worth Agency Program Performance Outcome: At least 51% of all Program clients must be Income Eligible Clients. Agency must furnish City a Certification of Income Statement for all clients served. For example, if the Program serves 1,000 clients, 510 must be Income Eligible Clients. In this example, Agency would be required to furnish City 1,000 Certification of Income Statements that prove at least 510 of the clients served by the Program are Income Eligible Clients. Minimum Number of Clients to be Served: The Program must serve a minimum of 120 Unduplicated Clients as shown by the monthly reports on Attachment III. When determining the number of clients which constitutes 51%, HUD regulations require that partial numbers must be rounded up. CDBG 51%PSA CONTRACT 2016-2017—EXHIBIT"A"—PROGRAM SUMMARY Page 2 Camp Fire First Texas EXHIBIT "A-1" 2016 HUD INCOME LIMITS 2016 Median Family Income -Fort Worth/Arlington, TX* 1 Person 2 Persons 3 Persons 4 Persons 5 Persons 6 Persons 7 Persons 8 Persons Extremely $14,600 $16,650 $20,160 $24,300 $28,440 $32,580 $36,730 $40,890 Low Income 50%AMI $24,300 $27,800 $31,250 $34,700 $37,500 $40,300 $43,050 $45,850 80%AMI $38,850 $44,400 $49,950 $55,500 $59,950 $64,400 $68,850 $73,300 *Income limits are published at least annually by HUD. CDBG 51%PSA CONTRACT 2016-2017--EXHIBIT"A-1"—2016 HUD INCOME LIMITS Page 1 Camp Fire First Texas EXHIBIT "A-2" REPORTING REQUIREMENTS FOR COUNTYWIDE AGENCIES CDBG 51%PSA CONTRACT 2016-2017--EXHIBIT"A-2" REPORTING REQUIREMENTS FOR COUNTYWIDE AGENCIES Page 1 Camp Fire First Texas Camp Fire First Texas REPORTING REQUIREMENTS FOR COUNTYWIDE AGENCIES Quarterly Report The purpose of the Quarterly Report is for the Countywide Agencies to report the number of non-Fort Worth clients who participate in the Program. The Quarterly Report must be submitted with the January,April, July and September Reimbursement Requests. A paper copy must be submitted with the Reimbursement Request, and an electronic copy must also be emailed to psa@fortworthtexas.gov or to Agency's designated City Contract administrator. The information provided in the Quarterly Report will be reviewed and monitored by the Neighborhood Services Department Compliance Division. • a OF OF OF •-T #OF NON-FORT CLIENTS FORT WORTH DUE DATE ••- WORTH WORTH CLIENTS SERVED BY THE CLIENTS CLIENTS PROGRAM A B C D E F EXAMPLE: 250 200 450 250=450=55% January 15,2017 October 1,2016- December 31,2016 April 15,2017 January 1,2017- March 30,2017 July 15,2017 April 1,2017- June 30,2017 October 1,2017 July 1,2017- September 30,2017 TOTAL I, Agency representative, certify that I verified the information I reported this quarter and it is correct to the best of my knowledge. Certified by: Date: Signature/Title: CDBG 51%PSA CONTRACT 2016-2017--EXHIBIT"A-2" REPORTING REQUIREMENTS FOR COUNTYWIDE AGENCIES Page 2 Camp Fire First Texas EXHIBIT"B"-BUDGET Account Grant Budget .A B C Total PROGRAllI PERSONNEL Salaries 1001 $ 65,480.00 $ 12,707.00 $ 7,000.00 $ 15,273.92 $ 100,460.92 FICA 1002 $ 5,009.22 $ 2,676.04 $ 7,685.26 Life/Disability Insurance 1003 Health/Dental Insurance 1004 $ 6,129.60 $ 3,274.57 $ 9,404.17 Unemployment-State 1005 $ 1,211.38 $ 647.15 $ 1,858.53 Worker's Compensation 1006 $ 654.80 $ 349.81 $ 1,004.61 Retirement 1007 $ 420.00 $ 224.37 $ 644.37 SUPPLIESAlYD'SERYICES Office/Program Supplies 2001 $ 6,877.92 $ 6,877.92 Postage 2002 $ 55.23 $ 55.23 Printing 2003 $ 510.90 $ 510.90 Other(Transporation) 2004 $ 548.81 $ 4,175.06 $ 4,723.87 iVIISCELI:AN�OIIS Contract Labor(City needs copy of contract before expenses can be reimbursed) 3001 $ 1,261.13 $ 1,261.13 Food Supplies 3002 Teaching Aids 3003 $ 659.43 $ 189.00 $ 848.43 Craft Supplies 3004 Field Trip Expenses 3005 $ 1,534.22 $ 1,534.22 Mileage 3006 Other(Subscriptions) 3007 $ 119.67 $ 119.67 OtherO 3008 FACILITY AND UTIILTT�S. Telephone 4001 $ 366.68 $ 366.68 Electric 4002 Gas 4003 Water and Wastewater 4004 Solid Waste Disposal 4005 Rent(City needs copy of lease before expenses can be reimbursed) 4006 Cleaning Supplies 4007 Other() 4008 I:EGAL,FINANCTpT,�M INSII12 i�CE . , Fidelity Bond or Equivalent 5001 Directors and Officers 5002 $ 359.01 $ 359.01 General Commercial Liability 5003 Other() 5004 DIRECT�ASS�STANG� Other() 6001 BUDGET TOTAL $ 78,905.00 $ 25,000.00 $ 7,000.00 $ 26,809.92 $ 137,714.92 FUNDING A:Andrews FUNDING B:Hudson FUNDING C:Council Support CDBG 51%PSA CONTRACT 2016-2017-EXHIBIT"B"-BUDGET Camp Fire First Texas Page 1 The following tables were created for the purpose of preparing, negotiating, and determining the cost reasonableness and cost allocation method used by the Agency for the line item budget represented on the first page of this EXHIBIT "B"—Budget. The information reflected in the tables is to be considered part of the terms and conditions of the Contract. Agency must have prior written approval by the City to make changes to any line item in the Budget as outlined in Section 5.2.2 in the Contract. The deadline to make changes to EXHIBIT "B"—Budget is June 1, 2017. SALARY DETAIL-PROGRAM PERSONNEL Est. Percent to Amount to Position Title Annual Salary Grant Grant Step Up Program Specialist $ 34,320.00 75.0% $ 25,740.00 Step Up Program Specialist $ 34,320.00 75.0% $ 25,740.00 VP Youth Development 1 $ 70,000.00 20.0%1 $ 14,000.00 TOTAL 1 $ 138,640.00 47.2%1 $ 65,480.00 FRINGE DETAIL-PROGRAM PERSONNEL Percent of Est. Percent to Amount to Payroll Amount Grant Grant FICA 7.65% $ 7,685.26 65.2% $ 5,009.22 Life/Disability Insurance Health/Dental Insurance $ 9,404.17 65.2% $ 6,129.60 Unemployment-State 1.85% $ 1,858.53 65.2% $ 1,211.38 Worker's Compensation 1.00% $ 1,004.61 65.2% $ 654.80 Retirement $ 644.37 65.2% $ 420.00 TOTAL 1 $ 20,596.94 1 65.2%1 $ 13,425.00 SUPPLIES AND SERVICES Est. Percent to Amount to Total Budget Grant Grant Office/Program Supplies $ 6,877.92 Postage $ 55.23 Printing $ 510.90 Other(Transportation) $ 4,723.87 TOTAL $ 12,167.92 CDBG 51%PSA CONTRACT 2016-2017-EXHIBIT"B"-BUDGET Camp Fire First Texas Page 2 MISCELLANEOUS Est. Percent to Amount to Total Budget Grant Grant Contract Labor $ 1,261.13 Food Supplies Teaching Aids $ 848.43 Craft Supplies Field Trip Expenses $ 1,534.22 Mileage Other(Subscriptions) $ 119.67 Other() TOTAL $ 3,763.45 FACILITY AND UTILITIES Est. Percent to Amount to Total Budget Grant Grant Telephone $ 366.68 Electric Gas Water and Wastewater Solid Waste Disposal Cleaning Supplies OtherO TOTAL I $ 366.68 LEGAL, FINANCIAL AND INSURANCE Est. Percent to Amount to Total Budget Grant Grant Fidelity Bond or Equivalent Directors and Officers $ 359.01 General Commercial Liability OtherO TOTAL $ 359.01 DIRECT ASSISTANCE Est. Percent to Amount to Total Budget Grant Grant Other() TOTAL CDBG 51%PSA CONTRACT 2016-2017-EXHIBIT"B"-BUDGET Camp Fire First Texas Page 3 EXHIBIT "C" AUDIT CERTIFICATION FORM CDBG 51%PSA CONTRACT 2016-2017—EXHIBIT"C"—AUDIT CERTIFICATION FORM Page 1 Camp Fire First Texas AUDIT CERTIFICATION FORM AND AUDIT REQUIREMENTS Agency: Camp Fire First Texas Fiscal Year Ending: September 30,2017 ❑ During the fiscal year in which funds will be received, we will exceed the federal expenditure threshold of $750,000. We will have our Single Audit or Program Specific Audit completed and will submit the audit report described in 2 CFR Part 200 within 7 months after the end of the audited fiscal year or 30 days within its completion, whichever is the earlier date. During the fiscal year in which funds will be received, we will not exceed the $750,000 federal expenditure threshold required for a Single Audit or a Program Specific Audit to be performed this fiscal year. (Fill out schedule below) Federal Expenditure Disclosure MUST be.filled out if Single Audit or Program Audit is 1�OT required, Pass.Through Program Name& ` Contract Federal Grantor = Expenditures Grantor . CFDA Num bet :Nuziabex U.A3 9 s 11 A otal Federal Expenditures Mr this Fiscal Year: Signatory and Title Date Failure to submit this or a similar statement or failure to submit a completed single audit package as described in the federally required audit requirements described in 2 CFR Part 200, as applicable, by the required due date may result in suspension of funding and may affect eligibility for future funding. Notwithstanding the above, this certification acknowledges the agency's commitment to meet all other financial reporting, financial statements, and other audit requirements as may be set forth in the Contract. CDBG 51%PSA CONTRACT 2016-2017—EXHIBIT"C"—AUDIT CERTIFICATION FORM Page 2 Camp Fire First Texas EXHIBIT "D" REPORTING FORMS CDBG 51%PSA CONTRACT 2016-2017—EXHIBIT"D"—REPORTING FORMS Page I Camp Fire First Texas ATTACHMENTI Invoice Agency: Address: City, State, Zip: Program: Period of Service: Tax ID No. P.O. No. FID No. Program r Amount This-Invoice' ;: Cumutative to`Date` Agency's Certification: 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 51%PSA CONTRACT 2016-2017—EXHIBIT"D"—REPORTING FORMS Page 2 Camp Fire First Texas ATTACHMENT II Expenditure Worksheet ATTACHMENT II City o f Fo rt Worth Neighborhood Services Department _... Expenditure Worksheet Agency: Program Only highlighted codes can be reimbursed Please grou like account codes. Account Code(See. 1rpeuse Iiue Item laTo.` CheckNa: Date: Payee Description/Job Title': Ke'to Ri ht ' Amounts '' Aecounf 1 PROGRAMPERSONNEL 2 Salaries 1001 3 FICA 1002 4 Life/Disability Insurance 1003 5 Health/Dental Insurance 1004 6 Une loymant-State 1005 7 Worker's Co ensation 1006 8 Retirement 1007 9 SUPPLIES AND SE RVICFS" 10 Office/progrurnsupplies 2001 11 Postage 2002 12 Printing 2003 13 Othe 2004 14 111ISCELLANEOUS . 15 Contract Labor 3001 16 Food Supplies 3002 17 Teaching Aids 3003 18 Craft Supplies 3004 19 Field Trip E eases 3005 20 Mileage 3006 21 Otherp 3007 22 Othero 3008 23 FACKMAND ULRJTIPS 24 Telephone 4001 25 Electric 4002 26 Gas 4003 27 Water and Wastewater 4004 28 Solid Waste Disposal 4005 29 Rent 4006 30 Cleaning Supplies 4007 31 OtherO 4008 32 LEGAL,FINANCIAL;AND INSURANCE' . 33 Fidelity Bond or Equivalent 5001 34 Directors and Officers 5002 35 General Corranercial Liability 5003 36 Others 5004 37 DRRECrASSISTANCE, 38 Othe0 6001 39 40 _... 41 42 43 44 45 46 47 48 49 50 51 52 53 _... 54 55 56 57 58 _.... 59 _... 60 Totall 1 $0.00. 'For Salaries,state employee's title under Description/lob Title.Rent rrust identify tenant CDBG 51%PSA CONTRACT 2016-2017—EXHIBIT"D"—REPORTING FORMS Page 3 Camp Fire First Texas ATTACHMENT III Client Data Report A.—<< Month,' ;'; "mam�amr Laaawa,ogaaae;eani N*+r>'4atldxseped;lanj oay4pa.erprtaarq�uu.mwp.rt®7tw+atm?erN4�b0r�_•a .eam�.a�><+.nm w»mrnomm.,erua�r rar<w, a�6Rr ?� :..'c.Lnkac6anr.'..' ,.,. ,.<:�a�,ki"ia�sirar s+�ag<dj�la..b..�a'sr�e,�la;as,is`�; i;�as,emlyen..mrry e�rr�i<r,�tqt..�a.�i,:aa��n+rra�xn.�?x;6'.a;v�pae�ea:.�agrip�,ri)v�7ts,t rmem.autaa®,taaata.wma�r a�tue j �,. .... ?K"'.'sm�moiair,am.mskmcatut.,,k,?*!k} +i:;2amtqu pegm.ya ms r>du'.itwa�kmr:nml urn ryuata manr eu.c®ia.)i. .. „ ,,, ..,, Cd�L76btCiRtRi3rTa[O�N 'Pkee1t81&8�t�adkah tvdev:dl _..... _.. •Re' ed4Fen1(»ilYe�('an _ -t,,"_,.„,'d'ef]IOeitive3fe tlI11Yd! i 1' 2 n 3 f 5 6 7 -8 9. 10 11- R 77 a�hT R71£ftdb)SS :� 16[ `J2faY'161na1➢� � „, ffiH1ffi ILC17ilT1)ff' 449E ° ,{aa....1 aww i[Ea M vu tmu .v uscaaro � aar� F n "-w% ra a s ri+am�matte .r.ew ; aurin m - cu>: vm: uz> y;n w 14K.^.rsusa<taw uoxa `a�,v��ra1.C�>�.vb l�aumt-s �mxi 1ta' xm�Eaend m•- � mm ''is t® 1 1 5 8 10 Ir 1) '] 6 1) A h 7 3, n n i ll N 11 X J) 33 l3 CDBG 51%PSA CONTRACT 2016-2017—EXHMIT"D"—REPORTING FORMS Page 4 Camp Fire First Texas EXHIBIT "E" INCOME CERTIFICATION FORMS CDBG 51%PSA CONTRACT 2016-2017--EXHIBIT`E"--INCOME CERTIFICATION FORMS Page 1 Camp Fire First Texas City of Fort Worth CERTIFICATION OF INCOME STATEMENT Applicant Name: Current Address: Phone#: City and Zip: Household Members and Income (including applicant) Last Name First Name Age Monthly Source of Income Income $$ TOTAL NUMBER OF FAMILY MEMBERS (Include Yourself, Spouse,Children,etc.) Total Gross Annual Household Income: PERSONAL INFORMATION:(Check one in each item. This Information is Required 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 HEAD OF HOUSEHOLD FEMALE? ❑HISPANIC ❑YES ❑YES ❑NON-HISPANIC ❑NO ❑NO 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. Signature of Applicant Date 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. -----------------For use by Agency staff only----------------- 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 51%PSA CONTRACT 2016-2017--EXHIBIT`B"--INCOME CERTIFICATION FORMS Page 2 Camp Fire First Texas Ciudad de Fort Worth CERTIFICACION DE DECLARACION DE INGRESOS Nombre del Solicitante: Direcci6n de Actualidad: Telefono: Ciudad y C6digo Postal: Miembros Del Ho a r e Ingresos (Incluyendo el/la Solicitante) Apellido Nombre Had Ingreso Origen de Ingresos Mensual *TOTAL NOMERO DE MIEMBROS DEL HOGAR (Incluyase Usted.) Total Anual de Ingresos del hogar: **INFORMACION PERSONAL:(Seleccione uno en cada articulo. Esta informaci6n es requerida por el Gobierno federal.) a. ❑MASCULINO b.❑BLANCO ❑NEGRO/AFRICANO AMERICANO ❑NEGRO/AFRICANO AMERICANO&BLANCO ❑FEMININO ❑INDIO AMERICANO/NATIVO DE ALASKA ❑ASIATICO ❑INDIO AMERICANO/NATIVO DE ALASKA&BLANCO ❑ASIATICO&BLANCO ❑NATIVO HAWAIANO/OTRO DE LAS ISLAS PACIFICAS ❑BALANCE/OTRO ❑INDIO AMERICANO/NATIVO DE ALASKA&NEGRO/AFRICANO AMERICANO c. ETHNICIDAD d. INCAPACITADO e. SES LA CABEZA DEL HOGAR MUJER? ❑MSPANO ❑ SI ❑ SI ❑NO-HISPANO ❑NO ❑NO Certificaci6n: Yo certifico que la informaci6n que yo estoy proporcionando es verdadera y puedo ser sujeto a verificaci6n a cualquiera hora por tercera parte. Yo tambi6n reconozco que la provisi6n de informaci6n falsa puede dejarme sujeto a penalidades Federales, Estatales, y a ley local. Firma del Solicitante Fecha ADVERTENCIA:TITULO 18,SECCION 1001 DEL CODIGO DE LOS ESTADOS UNIDOS INDICA QUE UNA PERSONA ES CULPABLE DE UN DELITO POR SABER Y VOLUNTARIAMENTE RACER DECLARACIONES FALSOS O FRAUDULENTAS A CUALQUIER DEPARTAMENTO DE GOBIERNO DE LOS ESTADOS UNIDOS. ----------------- afa use de em leados de la a encia----------------- #De Miembros de Familia: Ingreso Anual: Limite de Ingreso: 6Es solicitante elegible? Compruebe si el solicitante se neg6 a dar su informaci6n personal: ❑ Evaluaci6n del empleado sobre informaci6n personal: Persona haciendo la determinaci6n: Fecha: Note: La direccion de la casa y los ingresos (y sirs origenes) para todos mienibros del hogar son requeridos. CDBG 51%PSA CONTRACT 2016-2017--EXHIBIT`B"--INCOME CERTIFICATION FORMS Page 3 Camp Fire First Texas EXHIBIT "F" STANDARDS OF DOCUMENTATION CDBG 51%PSA CONTRACT 2016-2017--EXHIBIT"F"--STANDARDS OF DOCUMENTATION Page I Camp Fire First Texas 2016-2017 Documentation Standards for CDBG Public Service Contract Expenses Budget Line E �o.9 > E�. Iwo 11 Notes/Other Employee Salanes and Benefits City wdl only reimburse a percentage of any employee s salary and benefits who work tluectly with the CDBG`funded Program Percentages wilt pe cos#allocated and determined pnor to the execution of the CDBG Contract Agencies reques#mg the reimbursement of 100%of anyAgency employee;�� will requira, A rGity approval -Ageneies:must show calculattQn"on hovq.ttie CDBG iSort�on of employee salariesantl beneffs were caiculate`d consistentlywittitfie CDBG' 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 may be eligible for reimbursement. Agency must submit a written statement that 100%of the employee's time is spent working directly with 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 company's report(such as an ADT report)and a bank statement or check showing payment to the direct deposit company. FICA/Medicare IX X Life Insurance X X Health X X If the City pays gross salary,this is alreadyincluded.If the City pays the employer portion,the Agency must provide roof that theInsurance employee is enrolled in the benefit plan,must show a calculation and documentation of haw the invoiced amount was calculated,and Disability X X must provide documentation showing payment. Insurance 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 RetirementXTX11TIT 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. Ma#eriais Equipmegt,Goods and Supplies-Citywilt only reimburse for the cost allocated percent or am spet t nt in supporofthe CDBG-funded Program.,Agencies requesting r"etm6ursement for these items wilt require prior City approval:"pgenciesmust show calculation on-flow the CDBG`portion'of these expenses were,calculated consistenttywiththiiObGiContract Office Supplies X X X Office EquipmentX X X X X Rental Postage X X X Printing X X X Construction& Building X XX X This category is only available for the REACH Program. Materials Sport and Recreation X X X E ui ment Cleaning X X X Su lies Teaching Aids X X X Craft Supplies X X X Food Supplies X X X This category is only available to the Program provided by Meals on Wheels. Rent U4hties and Maintenance Citywdl oniy'pay for a portwn ofthese expenses The portion oIfthese expenses will be;tletermiged_byfhe sgvare footage atfributable to :. the CDBG funded program and shall'be cost allocatedimaccoMance with the amount nfspace=used-.for,tue CDBG funded Pfogram.=[hese expenses`may only be in supporE ofthe CDBG funded Program The items listed�betow7equire pnorCity approval and thrce that pays for the portion of the;;, eXpenses that isnot and with GDBGfunds `Agencies'mustshow calculatioh on how the,CDBG porttonof theseexpenses;rGere calculated consistent[yrwitfi the CDBG P ContractG ' Telephone X X Gas X X WaterMastew X X ater Electric X X Solid Waste X X CDBG 51%PSA CONTRACT 2016-2017 Exhibd"F'--STANDARDS FOR COMPLETE DOCUMENTATION 1 Facility Maintenance X X X X This item requires approval by the City prior to the execution of the CDBG Contract. Repairs may be categorized as major/minor and Repairs rehabilitation projects and must be approved through the full HUD Environmetal Review. Rent X X X City will pay for 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. 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-requiredX 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 how the 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 household,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. Final as of 09/162016 do CDBG 51%PSA CONTRACT 2016-2017 Ehibft V—STANDARDS FOR COMPLETE DOCUMENTATION 1 EXHIBIT "G" SECTION 3 REPORTING FORMS NOT APPLICABLE CDBG 51%PSA CONTRACT 2016-2017--EXHIBIT"G"— SECTION 3 REPORTING FORMS Page I Camp Fire First Texas EXHIBIT "H" SEVERELY DISABLED CERTIFICATION FORM CDBG 51%PSA CONTRACT 2016-2017—EXHIBIT"H"—SEVERELY DISABLED CERTIFICATION FORM Page I Camp Fire First Texas Camp Fire First Texas 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 51%PSA CONTRACT 2016-2017—EXHIBIT"H"—SEVERELY DISABLED CERTIFICATION FORM Page 2 Camp Fire First Texas EXHIBIT "I" MBE REPORTING FORM CDBG 51%PSA CONTRACT 2016-2017--EXHIBIT"I"--MBE REPORTING FORM Page 1 Camp Fire First Texas Contract and Subcontract Activity U.S.Dc rtment afIlmoi n p pa gond Urban Devclo meat OMB Approval No.:2577-0068 OMB Approval No.:2502-0355 Public reporting burden for this collection of information is estimated to average.5 hours per response,including the time for reviewing instructions,searching existing data sources,gathering and maintaining the data needed,and completing and rer5esving the collection of information.Tlu Information is voluntary.HUD may not collect this information,and you me not required to complete this form,unless it displays a currently valid OMB Control Number. Esecutive Orders dated July 14,1983,directs the Mimmity Business Development Plans shall be developed by each Federal Agency and the these annual plans shall establish minority business development objectives.The information is used by HUD to monitor and evaluate MBE activities against the total program activity and the designated minority business enterprise(1vI13E)goals.The Departmmn requires die information to provide guidance and oversight for programs for the development ofminorlty business enterprise eonceming Minority Business Development.H'the information is not collected HUD would not be able to establish meaningful MBE goals nor evaluate MBE performance against these goals. Privacy Act Notice=The United States Department of Housing and Urban Development,Federal Housing Administration,is authorized to solicit the Information requested in this form by virtue of Title 12,United States Code,Section 1701 or seq„and regulation.It will not be disclosed or relesed outside the United States Department of Housing and Urban Development without your conscm,except as required or permitted by Law. 1.Grontee/Prgi=tO� /Developer/Sponsor/BuildcdAgency Cheek if: 2,Location(City,State Zip Code) City of fore Worth U 1000 Throckmormn.Fort Worth,TX 76102 31.Nome nfConmet Person 3b.Phoac Number(Including Arca Code) 4,Reporting Period 5.Progrnut Code(Not applicable far CP ❑ G.Date Snbmincd to Field Otlicc See e.plonotion ot'Codee at bottom or'Pngc Use o Sarah Burkett 817.392-7538 w sheer for each Out.1-Se I.3D Annual•P1O sepora progrwn code. comm:cmr ar cmnur ieatt4amber ar HUD smbeanmaemr Case Number or ocher T ofTmde Bnsbtaa Subcrour-, Contcastor/Subcontractor Name and Address meati llcarionofps,Nuy. Amonntafeanwer Code RvcinVEthnie Wmrm Owned Hmiress Prime Conancmr ldentificarion(ID) WniLcation(ID) 7)' ,New subdirixioa dwelling unit etc. or Subcanma (Sec below) (See bel") (YesorNo) Sec.3 Dnsireso Number Sec.3 Nmnber Sec.3 7b. 7c. 7J. 7e. (Yes or No) 7f. 7. 71, 7i. If NawHiroo mo 4'o Sec.3 Hires Sec.3Rea. New Hires Name Street City State Zi p MOMMEMM #DIV/01 #DIV/01 #DIV/01 #DIV/01 #DIV101 #DIV/01 #DIV/01 #DIV/01 4DIV/01 #DIV/01 #DIV/01 #DIV/01 #DIV/01 4DIV/01 #DIV101 #—DIV/01 #DIV/01 4DIV/01 #DIV/0! #DIV/01 7c:Type of Trade Codes: 7d:Radul/Ethnic Codes: 5:Program Codes(Complete for Housing and Public and Indian Housing programs only): C'PD: II,wde/Pubac Horning: I'-Mice Americans I=All leaacd,iscludin8 SccrianB 56 SHZ ion202 1=New nvwe Cotion 1=New Corelruction G=Prol'esviorial 2=61ockAmmcam 2=Flexible Subsidy 6=HU0.11e1d(MotmgemrnD 2=Edte.'anTsiain; 2=Suhassam Rehab. 7-T—at Services 3=Notiva Amerie— 3=Secdon B Nmun.ured.N—HFDA 7=Public/imlia Housing 3=Odo,r 3=Repair 8=Ed—tion7mininp 4-Hispardc Americatu 4=Iaaured(Mamgemenr) A=Secdon 811 4=Service 9-Arch./Engrg.Appraisal S=AsiaNPaciGc Amedcom 5=Pro cct Mnn c 0=Other 6=lWidk Jews Prev -editions are absoletu. forth HUD-2516 a/9B This report is to be completed by grantees,developers,sponsors,builders,agencies,and/or completed for public and Indian housing and most community development programs.Form HUD- costs or unusually high or low-income families.Very low-income families(including single project owners for reporting contract and subcontract activities of 510,000 or more under the 60002 is to be completed by all other HUD programs including State administered community persons)whose incomes do not exceed 50 per centum ofthe median family income for the area,as following programs:Community Development Block Grants(entitlement and small cities); development programs covered under Section3.A Section 3 Contractor/subcontractor is a determined by the Secretary with adjustments for smaller and larger families,except that the Urban Development Action Grants;Housing Development Grants:Multifamily Insured and business concern that provides economic opportunities to low and very Low-income residents of secretary may establish income ceilings higher or lower than 50 per centum ofthe median for die Noninsured:Public and Indian Housing Authorities:and contracts entered into by recipients of the metropolitan area(or nonmetropolitan county),including a business concern that is 51 person area on the basis ofthe Secretary's findings that such variations are necessary because of unusually CDBG rehabilitation assistance. or more owned by low-income residents; high or low family incomes. Contracts/subcontracts of less than$10,000 need be reported only if such contracts represent a or provides subcontracting or business development opportunities to businesses owned by low or Submit two(2)copies of this report to your local HUD Office within ten(10)days after the end of significant portion o£your total contracting activity.Include only contracts executed during this low-income residents. Low and very low-income residents:include participants in Youthbuild die reporting period you checked in item 4 on the front, Complete item 7h.Only once for each reporting period. programs established under Subtitle D of Title IV of the Cranston-Gonzalez National Affordable contractor/subcontractor on each semi-annual report. Housing Act. This form has been modified to capture Section 3 contract data in columns 7g and 7i, Section 3 The terms"low-income persons"and"very low-income persons"have die same meanings given Enter the prime contractor's ID in item 7f for all contracts and subcontracts.Include only requires that the employment and other economic opportunities generated by HUD financial die terms in section3(b)(2)ofthe United States Housing Act of 1937.Low-income persons mean contracts expected during this reporting period.PHAs1IHAs are to report all assistance for housing and community development programs shall,to the greatest extent families(including single persons)whose incomes do not exceed 80 per centum ofthe median contracts/subcontracts. feasible,be directed toward low-and very low-income persons,particularly those who are income for the area,as determined by the Secretary,with adjustments for smaller an larger families, recipients of government assistance for housing.Recipients using this form to report Section 3 except that the Secretary may establish income ceilings higher or lower than 80 per centum ofthe contract data must also use Part I of form HUD-60002 to report employment and training median for the area on the basis of die Secretary's findings that such variations are necessary opportunities data.Form HUD-2516 is to be because of prevailing levels ofconstruction Community Development Programs Multifamily Housing Programs Public Housing and Indian Housing Programs 1.Grantee:Enter die name ofthe unit of government submitting this report. 1.Grantee/Project Owner:Enter the name ofthe unit of government,agency or mortgagor entity PHAs/IHAs are to report all contracts/subcontracts.Include only contracts executed during this submitting this report. reporting period. 3.Contact Person:Enter name and phone of person responsible for maintaining and submitting contract/subcontract data 3.Contact Person:Same as item 3 under CPD Programs. 1.Project Owner:Enter the name ofthe unit of government,agency or mortgagor entity submitting this report.Check box as appropriate. 7a.Grant Number:Enter the HUD Community Development Block Grant Identification Number(with dashes).For example:B-32-MC-25-0034.For Entitlement Programs and Small 4.Reporting Period:Check only one period. 3.Contact Person:Same as item 3 under CPD Programs. City multi-year comprehensive programs,enter the latest approved grant number. 7b.Amount of Contract/Subcontract:Enter the dollar amount rounded to the nearest dollar.If subcontractor ID number is provided in 717,the dollar figure would be for the subcontract only 5.Program Code:Enter the appropriate program code. 4.Reporting Period:Check only one period. and not for the prime contract, 7c.Type of Trade:Enter the numeric codes which best indicates the contractoes/subcontractor's service.If subcontractor ID number is provided in 7f.,die type of 7a.Grant/Project Number:Enter the HUD Project Number or Housing Development Grant or trade code would be for the subcontractor only and not for the prime contractor. number assigned. 5.Program Code:Enter the appropriate program code. The"other"category includes supply,professional services and all other activities except 7a.Grant/Project Number:Enter the HUD Project Number or Housing Development Grant or construction and education/training activities. 7b.Amount of Contract/Subcontract:Same as item 7b,under CPD Programs, number assigned. 7d.Business Racial/Ethnic/Gender Code:Enter the numeric code which indicates the racial/ethnic/gender character ofthe owner(s)and controller(s)of SI%ofthe business. 7c.Type of Trade:Same as item 7c.trader CPD Programs. 7b.Amount of Contract/Subcontract: Same as item 7b.under CPD Programs. When 51%or more is not owned and controlled by any single mcial/ethnic/gender category, enter the code which seems most appropriate.If the subcontractor ID number is provided,the 7d.Business Racial/Ethnic/Gender Code:Same as item 7d.under CPD Programs, 7c.Type of Trade:Same as item 7c.under CPD Programs, code would apply to the subcontractor and not to the prime contractor. 7e.Woman Owned Business:Enter Yes or No. 7e.Woman Owned Business:Enter Yes or No. 7d.Business Racial/Ethnic/Gender Code:Same as item 7d.under CPD Programs, 7f.Contractor Identification(ID)Number:Enter the Employer(IRS)Number ofthe Prime Contractor as the unique identifier for prime recipient of HUD funds.Note that the Employer 7f.Contractor Identification(ID)Number:Same as item 7f under CPD Programs. 7e.Woman Owned Business:Enter Yes or No. (IRS)Number must be provided for each contract/subcontract awarded. 7g.Section 3 Contractor:Enter Yes or No. 7g.Section 3 Contractor:Enter Yes or No. 7f.Contractor Identification(ID)Number:Same as item 7f under CPD Programs. 7h.Subcontractor Identification(ID)Number:Enter the Employer(IRS)Number of die subcontractor as the unique identifier for each subcontract awarded from HUD funds.When the subcontractor ID Number is provided,the respective Prime Contractor ID Number must also be 7h.Subcontractor Identification(ID)Number:Same as item 7h.under CPD Programs, 7g.Section 3 Contractor:Enter Yes or No. provided. 7i.Section 3 Contractor:Enter Yes or No. 7i.Section 3 Contractor:Enter Yes or No. 7h.Subcontractor Identification(ID)Number:Same as item 7h.trader CPD Programs. 7j.Contractor/Subcontractor Name and Address:Enter this information for each firm receiving contract/subcontract activity only one time on each report for each fine. 7j.Contractor/Subcontractor Name and Address:Same as item 7j.under CPD Programs, 7i.Section 3 Contractor:Enter Yes or No. 7j.Contractor/Subcontractor Name and Address:Same as item 7j,under CPD Programs. EXHIBIT "J" DUTIES OF THE PARTIES USE OF NEIGHBORHOOD SERVICES DEPARTMENT COMMUNITY CENTERS CDBG 51%PSA CONTRACT 2016-2017--EXHIBIT"J"—DUTIES OF THE PARTIES—USE OF NEIGHBORHOOD SERVICES DEPARTMENT COMMUNITY CENTERS Page 1 Camp Fire First Texas Camp Fire First Texas DUTIES OF THE PARTIES USE OF NEIGHBORHOOD SERVICES DEPARTMENT COMMUNITY CENTERS ALlency's Responsibilities: Agency will perform the following in relation with the use of Community Center: • Agency will furnish the Center Coordinator with a schedule of Program activities at least four weeks prior to their occurrence. • Agency will, at its sole expense, furnish materials, supplies, copies and conduct a structured Program. • Agency will ensure that the designated Community Center space is maintained in a neat and orderly fashion. • Agency will ensure that the City's standards are maintained regarding security; cleanliness and communication between and among programs housed at the Community Center and will ensure cooperation with other Community Center staff and agencies/programs. • Agency will report to the Center Coordinator or designee for problems immediately if/when problems occur. • Agency will work with the Center Coordinator or designee to schedule any use of the Community Center for related activities outside of agencies designated meeting time and/or the Community Center's regular days and hours. • Agency will maintain sole responsibility and liability for its employees, volunteers and separate contractors for their actions. • Agency shall ensure that each of its employees, volunteers and participants desiring to participate in Community Center-sponsored programs/activities are aware of the requirement to have a current community center membership card to participate. • Agency agrees to perform background screenings and checks on staff and volunteers, with such screenings and checks meeting or exceeding the requirements that the City imposes for checks and screenings on staff, volunteers and participants in the City's own programs. • Agency will provide the Center Coordinator with designated staff contact information for the purposes of emergencies (center closing, schedule changes or scheduled maintenance) CDBG 51%PSA CONTRACT 2016-2017--EXHIBIT"J"—DUTIES OF THE PARTIES—USE OF NEIGHBORHOOD SERVICES DEPARTMENT COMMUNITY CENTERS Page 2 Camp Fire First Texas City's Responsibilities: City will perform the following in relation with Agency's use of a Community Center: • City will provide space for conducting the Program, including basic utilities and will also supply the Agency with appropriate facility access. For purposes of this Contract, basic utilities shall not include telephone or computer service, which shall remain the sole responsibility of the Agency. • City will ensure that the reserved space is set up with appropriate tables and chairs to accommodate program and/or services. • City will not be responsible for any additional security other than what is currently available at the Community Center. • City assumes no liability or responsibility for the loss of any personal property or office contents of the Agency, its agents, employees, volunteers, participants or licensees while at the Community Center. • City will allow the Agency to conduct properly scheduled classes and other Program related activities during the days and hours specified in Exhibit "A" PROGRAM SUMMARY*. In addition, City may, but is not required, through the Center Coordinator, allow Agency to schedule other classes and Program related activities outside of the days and hours specified in Exhibit"A" PROGRAM SUMMARY. • City will maintain sole responsibility and liability for its employees, volunteers and separate contractors for their actions. • City will have the discretion to put the Agency in any available room. If placed in a different location, it is to be only one room. *The City is closed in observance of the following holidays: New Year's Day(January 1St) M.L.K. Jr. Day(Third Monday of January) Memorial Day (Last Monday in May) Independence Day(July 4th) Labor Day(First Monday in September) Thanksgiving Day (Fourth Thursday of November) Day after Thanksgiving(Fourth Friday in November) Christmas Day (December 25th) "City of Fort Worth observes the above holidays on Friday if they fall on Saturday and on a Monday if they fall on Sunday. Additionally,the Community Centers are utilized as shelters during an emergency. If the Community Center will be closed due to an emergency, Center Coordinator or designee will inform Agency of the closure. CDBG 51%PSA CONTRACT 2016-2017--EXHIBIT"J"–DUTIES OF THE PARTIES—USE OF NEIGHBORHOOD SERVICES DEPARTMENT COMMUNITY CENTERS Page 3 Camp Fire First Texas EXHIBIT "K" NOTICE OF BENEFICIARY RIGHTS CDBG 51%PSA CONTRACT 2016-2017--EXHIBIT"K"—NOTICE OF BENEFICIARY RIGHTS Page 1 Camp Fire First Texas Notice of Beneficiary RiLyhts Name of Agency: Camp Fire First Texas Name of Program: Step-Up Program Contact information for Program Staff(name, phone number, and e-mail address, if appropriate): Because this program is supported in whole or in part by direct Federal financial assistance from the Federal Government, we are required to let you know that: • We may not discriminate against you on the basis of religion, religious belief, a refusal to hold a religious belief, or a refusal to attend or participate in a religious practice; • We may not require you to attend or participate in any explicitly religious activities that are offered by us and any participation by you in these activities must be purely voluntary; • We must separate, in time or location, any privately funded explicitly religious activities from activities supported by direct Federal financial assistance; • If you object to the religious character of our organization,we must make reasonable efforts to identify and refer you to an alternative provider to which you have no such objection; and • You may report an organization's violations of these protections, including any denial of services or benefits, by contacting or filing a written complaint to HUD [or the intermediary, if applicable]. We must give you this written notice before you enroll in our program or activity, as required by 24 CFR 5.109. CDBG 51%PSA CONTRACT 2016-2017--EXHIBIT"K"—NOTICE OF BENEFICIARY RIGHTS Page 2 Camp Fire First Texas M&C Review Page 1 of 6 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FoRTWORTH COUNCIL ACTION: Approved on 8/9/2016 - Ordinance No. 22351-08-2016 CONTINUED FROM A PREVIOUS WEEK DATE: 8/2/2016 REFERENCE G-18793 LOG NAME: 19NS HUDACTIONPLANPY2016- NO.: 2017 CODE: G TYPE: NON- PUBLIC YES CONSENT HEARING: SUBJECT: Conduct Two Public Hearings and Approve the City's 2016-2017 Action Plan for the Use of Federal Grant Funds in the Amount of$10,094,608.00 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 2016-2017 Action Plan for use of federal grant funds from the United States Department of Housing and Urban Development in the amount of$10,094,608.00 for the Community Development Block Grant, HOME Investment Partnerships Program, Emergency Solutions Grant and Housing Opportunities for Person with AIDS grant programs and for the use of program income from activities using prior years' federal grant funds; 2. Approve the City's 2016-2017 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 $130,000.00 of program income, which resulted from activities using prior years' Community Development Block Grant fund, for the City's Priority Repair Program; 4. Authorize the collection and use of an estimated $1,200,000 of program income, which resulted from activities using prior years' HOME Investment Partnerships Program funds, for the completion of the Hardy and HFC Terrell Single-Family housing development projects and 10 percent for administrative costs as detailed below; 5. Authorize the City Manager or his designee to execute contracts for one-year terms with the agencies listed in Tables 1, 2 and 3 below, for Program Year 2016-2017 for Community Development Block Grant, Emergency Solutions Grant and Housing Opportunities for Persons with AIDS grant funds, contingent upon receipt of funding and satisfactory completion of an Environmental Review and all regulatory requirements; 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; 7. Authorize a waiver of indirect cost rates as applicable for the Grants Fund in accordance with the City's Administrative Regulations; and http://apps.cfwnet.org/council_packet/mc review.asp?ID=22553&councildate=8/9/2016 11/4/2016 M&C Review Page 2 of 6 8. Adopt the attached appropriation ordinance increasing the estimated receipts and appropriations to the Grants Fund in the total amount of$10,094,608.00 consisting of$6,414,009.00 in Community Development Block Grant funds, $2,078,039.00 in HOME Investment Partnerships Program funds, $570,031.00 in Emergency Solutions Grant funds and $1,032,529.00 in Housing Opportunities for Persons with AIDS grant funds, plus any program income, all subject to receipt of such funds. DISCUSSION: The City's 2016-2017 Action Plan summarizes the major housing and community development activities and proposed expenditures for the program year beginning October 1, 2016 and ending September 30, 2017 for use of federal grant funds totaling $10,094,608.00 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 Persons with AIDS (HOPWA) grant programs. It also summarizes the use of program income resulting from activities using prior years' CDBG and HOME funds, for which the primary purpose is to benefit low and moderate income City of Fort Worth residents. ESG funds primarily benefit homeless persons and HOPWA funds primarily benefit low and moderate income persons with HIV/AIDS. Staff developed initial recommendations for the allocation of the estimated funding from HUD, which were adopted by the Community Development Council (CDC) on May 11, 2016 and were presented to the Housing & Neighborhood Services Committee on May 3, 2016 and to the City Council at the Pre-Council meeting on June 7, 2016. After these presentations, Staff developed revised recommendations which were to be presented to the CDC at its meeting on July 13, 2016, but the meeting was not held due to the lack of a quorum. A full explanation of revisions, including a comparison of the initial recommendations to the revised recommendations, are set forth in the informal report presented to the City Council on August 2, 2016. Notice of a 30-day public comment period from July 1, 2016 to August 1, 2016 was published in the Fort Worth Star-Telegram on June 30, 2016. Any comments received are maintained by the Neighborhood Services Department in accordance with federal regulations. The City is required to hold two public hearings as part of the HUD-required citizen participation process. Initially, the first public hearing was scheduled to be held at the CDC meeting on July 13, 2016 with a second public hearing scheduled for August 2, 2016 at the City Council meeting. Because the CDC was unable to meet on July 13, 2016, these dates were amended to reflect the first public hearing at the City Council meeting on August 2, 2016 with the second public hearing to be held at the City Council meeting on August 9, 2016. Due to the revised hearing dates, the public comment period was extended until August 8, 2016 and a notice of public hearings and extension of public comment period was published in the Fort Worth Star-Telegram on July 17, 2016. A summary of the Staffs final funding recommendations is provided below and in Tables 1, 2 and 3. Additionally, a spreadsheet of all specific funding recommendations is attached. The 2016-2017 Action Plan must be submitted to HUD by August 15, 2016. A waiver of indirect costs is being requested. CDBG For Program Year 2016-2017, it is recommended that the amount of$6,414,009.00 in CDBG funds and the estimated amount of$130,000.00 of CDBG program income totaling $6,544,009.00 be allocated as follows: Public Services -$962,101.00 This item includes social services for low to moderate income, disabled and disadvantaged populations. Housing Program Services -$2,133,328.20 This item includes funding for the City's Priority Repair Program, Cowtown Brush-Up, homebuyer and http://apps.efwnet.org/council_packet/mc review.asp?ID=22553&councildate=8/9/2016 11/4/2016 M&C Review Page 3 of 6 housing services, accessibility modifications to the homes of senior and/or disabled individuals and related project delivery costs for these programs. Infrastructure Projects & Public Facilities -$1,295,000.00 This item includes funding for the SafeHaven of Tarrant County: Domestic Violence Shelter ADA Improvements, CFW Planning & Development: Lake Como Neighborhood Sidewalk and Lighting Project (Phase II), CFW Parks & Recreation Department: Bunche Park and CFW Code Compliance: Neighborhood Improvements- Demolition and Clearance. CDBG Economic Development-$740,778.80 This item is the City's annual payment on its Section 108 loan from HUD. This item is the City's annual payment of its Section 108 loan from HUD. The Section 108 Program is a loan guarantee program, which enables CDBG grantees to borrow up to five times the annual entitlement grant. CDBG Estimated Program Income -$130,000.00 This item includes funding for the City's Priority Repair Program. CDBG program income that is received which is over the estimated amount but not used for the City's Priority Repair Program will be allocated to priority activities in the City's Consolidated Plan subject to Council approval. CDBG General Administration -$1,282,801.00 This item includes costs for administering the CDBG grant including allocations for Financial Management Services, Internal Audit, Planning and Development Departments. HOME For Program Year 2016-2017, it is recommended that the amount of$2,078,039.00 in HOME funds and the estimated amount of$1,200,000.00 of HOME program income be allocated as follows: Homebuyers Assistance Program (HAP) -$960,236.00 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 -$402,500.00 HUD requires that a minimum of 15 percent of HOME funds be allocated to CHDO's for affordable housing projects and CHDO administrative operating costs. These funds will be used by Tarrant County Housing Partnership, Inc. (TCHP), a CHDO, for the completion of the Hillside/Morningside Single-Family Infill Development (COUNCIL DISTRICT 8). The houses will be sold to homebuyers making at or below 80 percent of the area median income as set by HUD. Rental Housing Development—$507,500.00 This item includes the construction of seven one-bedroom accessible apartments by Mental Health Housing Development Corporation to serve citizens that are low-to-moderate income and disabled (COUNCIL DISTRICT 3). HOME General Administration —$207,803.00 This item includes costs for administering the HOME grant. HOME Estimated Program Income -$1,200,000.00 This item includes funding for completion of the Hardy and HFC Terrell Single-Family Infill Projects. HOME http://apps.cfwnet.org/council_packet/Me_review.asp?ID=22553&councildate=8/9/2016 11/4/2016 M&C Review Page 4 of 6 program income that is received which is over the estimated amount but not used for the Hardy and HFC Terrell Single-Family Infill Projects 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 2016-2017, it is recommended that the amount of$1,032,529.00 in HOPWA funds be allocated as follows: Non-Profit Service Providers -$1,001,554.00 HOPWA Program Administration —$30,975.00 ESG For Program Year 2016-2017, it is recommended that the amount of$570,031.00 in ESG funds be allocated as follows: Non-Profit Service Providers -$527,279.00 ESG Program Administration —$42,752.00 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 Amount AB Christian Learning Center After-School Tutoring $ 45,486.00 Camp Fire First Texas Step Up Program $ 78,905.00 Cenikor Foundation Substance Abuse Services $ 110,000.00 Girls Inc. of Tarrant County Education, Prevention and $ 110,000.00 Leadership Program Meals on Wheels Inc. of Tarrant Home Delivered Meals $ 75,000.00 County Presbyterian Night Shelter Moving Home Program $ 75,000.00 Senior Citizen Services of Greater Connecting Seniors to the $ 100,000.00 Tarrant County, Inc. Community Tarrant County Housing Homebuyer Counseling $ 116,000.00 Partnership, Inc. and Education The Ladder Alliance Computer Skills Training $ 86,710.00 Program United Community Centers Educational Enrichment $ 90,000.00 Program YMCA of Metropolitan Fort Worth Early Childhood Education $ 75,000.00 CDBG Public Service Subtotal $ 962,101.00 Project Ramp $ 100,000.00 http://apps.cfwnet.org/council_packet/me_review.asp?ID=22553&councildate=8/9/2016 11/4/2016