HomeMy WebLinkAboutContract 49233 CITY SECRETARY,/
STATE OF TEXAS § CONTRACT NO._
COUNTY OF TARRANT §
This contract ("Contract") is made and entered into by and between the City of
Fort Worth (hereafter "City"), a Texas municipal corporation, and SafeHaven of Tarrant
County, a Texas nonprofit corporation, (hereafter "Developer"). City and Developer 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, Catalog of Federal Domestic Assistance No. 14.218;
WHEREAS, a national objective of the CDBG Program is to benefit low and
moderate income persons in accordance with the CDBG Regulations at 24 CFR Parts
570.200 and 570.208;
WHEREAS, Developer serves victims of domestic violence who are homeless or
at risk of homelessness, a "presumed benefit" clientele as defined in 24 CFR Part
570.208 (a) (2) (A) and Developer proposes to use CDBG funds for an eligible project
whereby Developer will construct accessibility improvements in two bathrooms at
SafeHaven domestic violence shelter approved by and located within the City;
WHEREAS, Developer has received private grants and donations totaling
$58,000.00 for a portion of the costs of the project;
NOW, THEREFORE, in consideration of the mutual covenants, obligations and
responsibilities contained herein, including all Exhibits and Attachments, and subject to
the terms and conditions hereinafter stated, the Parties understand and agree as follows:
1. INCORPORATION OF RECITALS. City and Developer 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 following terms 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 set annually by HUD.
Business Diversity Enterprise Ordinance or BDE means the City's Business Diversity
Ordinance, Ordinance No. 20020-12-2011.
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CDBG means Community Development Block G
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CDBG Funds means the CDBG grant funds supplied by City to Developer under the
terms of this Contract.
CDBG Regulations means regulations found at 24 CFR Part 570 et seq.
CDBG Requirements means (i) constructing accessibility improvements in two
bathrooms in the SafeHaven domestic violence shelter; and (ii) during the Performance
Period, (a) operating the SafeHaven domestic violence shelter as a shelter for victims of
domestic violence who are homeless or at risk of homelessness; (b) maintaining a
cumulative report that includes all Unduplicated Clients provided services by Developer
in the SafeHaven domestic violence shelter; (c) certifying through an aggregate quarterly
report that all clients served by Developer in the SafeHaven domestic violence shelter are
victims of domestic violence who are homeless or at risk of homelessness, and (d)
complying with all applicable provisions of the CDBG Regulations.
City Requirements means
Client Documentation means the documentation described in Exhibit "G"—
Documentation of CDBG Requirements.
Client Summary Report—Attachment IV means the report that contains a summary of
information in aggregate form, including demographic information, about each
Unduplicated Client served during a calendar quarter attached hereto as part of Exhibit
"G"—Documentation of CDBG Requirements.
Complete Documentation means the following documentation as applicable-.-
•
pplicable:• Attachments I and II, with supporting documentation as follows:
o Proof of expense: copies of timesheets, invoices, leases, service
contracts or other documentation showing the nature of the cost and
that payment is due by Developer.
o Proof of payment: cancelled checks, bank statements, or wire
transfers necessary to demonstrate that amounts due by Developer
were actually paid by Developer.
• Proof of client eligibility:
o Documentation that clients served by Developer in the SafeHaven
domestic violence shelter are victims of domestic violence who are
homeless or at risk of homelessness.
• Other documentation: (i) final lien releases signed by Developer's
general contractor or subcontractors, if applicable; (ii) copies of all City
permits and City-issued "pass" inspections for such work; (iii)
documentation showing compliance with BDE or DBE bidding process
for procurement or Contract activities, if applicable; (iv) proof of
contractor, vendor or subcontractor eligibility as described in Section 6.6;
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and (v) any other documents or records reasonably necessary to verify
costs spent and regulatory compliance for the project.
• Complete Documentation shall meet the standards described in the
attached Exhibit "J"— Standards for Complete Documentation.
Completion means the substantial completion of the accessibility improvements in the
two bathrooms at the SafeHaven domestic violence shelter as evidenced by a
Neighborhood Services Department Minimal Acceptable Standard Inspection Report, a
HUD Compliance Inspection Report, all applicable City final inspection approvals,
receipt of a final Certificate of Occupancy, and verification that the National Objective
has been met.
Completion Deadline means one year from the Effective Date.
DBE means disadvantaged business enterprise in accordance with 49 CFR Part 26.
Deed of Trust means the deed of trust from Developer in favor of City covering the
Property and securing the indebtedness evidenced therein as well as Developer's
performance of the requirements of this Contract and of the CDBG Regulations, as the
same may be extended, amended, restated, supplemented or otherwise modified from
time to time. The form of the Deed of Trust is attached as part of Exhibit "E" — Loan
Documents:
Developer means SafeHaven of Tarrant County.
Director means the Director of the Neighborhood Services Department.
Effective Date means the date of the last of the Parties to sign as indicated on the
signature page.
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, for the purposes of this Contract, a client who meets the
definition of a "presumed benefit" client under CDBG Regulations. All clients served
in the building are victims of domestic violence who are homeless or at risk of
homelessness, a category of"presumed benefit" clients in 24 CFR Part 570.208 (a) (2)
(A), and are deemed to be Income Eligible Clients. 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.
Loan Documents means security instruments, including without limitation the
Promissory Note and Deed of Trust, or any other similar instruments evidencing,
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securing or guaranteeing City's interest in the project and further evidencing, securing, or
guaranteeing Developer's performance of the CDBG Requirements and the City
during the Performance Period, as the same may from time to time be
extended, amended, restated, supplemented or otherwise modified.
Loan means the CDBG Funds provided to Developer by City in the form of a
subordinate forgivable, deferred payment loan under the terms of this Contract as more
particularly described in the Loan Documents.
National Objective means, for the purposes of this Contract, an activity that benefits low
and moderate income persons.
Neighborhood Services Department means the City's Neighborhood Services
Department, created on February 17, 2015 in Ordinance No. 21651-02-2015.
Performance Period means the 5 year period during which Developer will fulfill the
CDBG Requirements, the City Requirements and continuously meet the National
Objective, and will comply with all other terms and conditions of this Contract and the
Loan Documents. The Performance Period begins on the date that the use of the
Required Improvements first meets the National Objective which, in City's sole
satisfaction, establishes such date with reasonable certainty.
Plans means the plans and specifications for the Required Improvements prepared by
Developer's architect which have been delivered to and reviewed and approved by City
on or before the Effective Date, and any amendments and change orders thereto approved
by City.
Program means the services provided by Developer in the SafeHaven domestic violence
shelter more particularly described in Exhibit "A" —Project Summary and Scope of
Work and Exhibit "K"—Services Performed.
Promissory Note means the note in the amount of the CDBG Funds executed by
Developer payable to the order of City as the same may be extended, amended, restated,
supplemented or otherwise modified from time to time. The form of the Promissory Note
is attached as part of Exhibit "E"—Loan Documents.
Property means the land on which the Required Improvements shall be constructed as
more particularly described in and encumbered by the Deed of Trust.
Reimbursement Request means all reports and other documentation described in
Section 10.
Required Improvements or the project means all the accessibility improvements to be
constructed in two bathrooms in the SafeHaven domestic violence shelter or "building",
together with all fixtures, tenant improvements, if any, and appurtenances now or later to
be located on the Property and/or in such improvements. A list of the construction
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requirements for the rehabilitation of the bathrooms at the SafeHaven domestic violence
shelter is shown in the attached Exhibit "A" - Project Summary and Scope of Work.
The administrative office of the SafeHaven domestic shelter is located at 1100 Hemphill
Street, Suite 303, Fort Worth, TX 76104. Addresses where Program services are
provided cannot be released due to confidentiality and risks to domestic violence victims,
but such locations are to be approved by City.
Section 504 requirements means the requirements of Section 504 of the Rehabilitation
Act of 1973 (29 USC 794 et seq.) and 24 CFR Part 8. Section 504 prohibits recipients of
federal funds from excluding any qualified persons from participating or receiving
benefit from, any federally-funded program or activity based solely on the person's
disability.
Subordination Agreement means any subordination agreement among Developer's
construction and permanent financing lender, Developer and City outlining the relative
priorities of the construction and permanent loan and the City's Loan for the project.
Unduplicated Client means a client served by Developer with the Program at the
SafeHaven domestic violence shelter at least once during each year of the Performance
Period beginning October 1 of each calendar year. Clients served more than once during
each year of the Performance Period shall only be counted the first time they are served
when determining the total count of Unduplicated Clients.
Unduplicated Client Data Report - Attachment III means the report listing each
Unduplicated Client served during a calendar month along with such client's
demographic information attached hereto as part of Exhibit "G" — Documentation of
CDBG Requirements.
3. TERM.
3.1 Term of Contract.
The term of this Contract is 1 year beginning on the Effective Date unless earlier
terminated as provided in this Contract.
3.1.1 Extension of Contract.
This Contract may be extended for 1 year upon Developer submitting a request
for an extension in writing at least 60 days prior to the end of the Contract term. The
request for an extension shall include the reasons for the extension and Developer's
anticipated budget, construction schedule and goals for the extended term. It is
specifically understood that it is within City's sole discretion whether to approve or deny
Developer's request for an additional term. Any such extension shall be in the form of an
amendment to this Contract.
3.2 Term of Loan.
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The term of the Loan shall commence on the date of the Promissory Note and
terminates at the expiration of the Performance Period so long as the terms and conditions
of this Contract and the Loan Documents have been met.
4. DUTIES AND RESPONSIBILITIES OF CITY.
4.1 Provide CDBG Funds.
City shall provide up to $140,000.00 of CDBG Funds in the form of the Loan for
eligible expenses under the terms and conditions of this Contract and the Loan
Documents.
4.2 Citv Will Monitor.
City will monitor the activities and performance of Developer and any of its
contractors, subcontractors or vendors throughout the Performance Period, but no less
than annually. Monitoring by City will include monitoring whether Developer is
meeting the National Objective and complying with the CDBG Requirements and
City Requir-ements during the Performance Period.
5. DUTIES AND RESPONSIBILITIES OF DEVELOPER.
5.1 Construction of Required Improvements.
Developer will complete the Required Improvements as described in Exhibit "A"
—Project Summary and Scope of Work in accordance with the Plans, the schedule set
forth in Exhibit"C"—Construction and Reimbursement Schedule, and the terms and
conditions of this Contract.
5.2 Use of CDBG Funds.
5.2.1. Compliance with CDBG Regulations and Contract.
Developer shall be reimbursed for eligible project costs with CDBG Funds only if
City determines in its sole discretion that:
5.2.1.1 Costs are eligible expenditures in accordance with CDBG
Regulations.
5.2.1.2 Costs are in compliance with this Contract and are reasonable
and consistent with industry norms.
5.2.1.3 Complete Documentation, as applicable, is submitted by
Developer.
5.2.2. Budget.
Developer agrees that CDBG Funds will be paid in accordance with Exhibit `B"
— Budget and Exhibit "C" — Construction and Reimbursement Schedule. Developer
may increase or decrease line item amounts in the Budget with the Director's prior
written approval, which approval shall be in the Director's sole discretion. Any such
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increase or decrease in line items in the Budget shall comply with Section 5.2.1, Exhibit
"A"—Project Summary and Scope of Work, and shall not increase the total amount of
CDBG Funds.
5.2.3 Change in Budget.
5.2.3.1 Developer will notify City promptly of any additional funds
it receives for construction of the project, 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 Developer agrees to utilize the CDBG Funds to supplement
rather than supplant funds otherwise available for the project.
City acknowledges that Developer has received private grants
and donations of$58,000.00 for the remainder of the costs
for construction of the accessibility improvements in the two
bathrooms.
5.3 Payment of CDBG Funds to Developer.
CDBG Funds will be disbursed to Developer upon City's approval of Developer's
Reimbursement Requests, including submission of Complete Documentation to City in
compliance with Section 10. It is expressly agreed by the Parties that any CDBG Funds
not reimbursed to Developer upon completion of the Required Improvements shall
remain with City.
5.4 Identify Proiect Expenses Paid with CDBG Funds.
Developer will keep accounts and records in such a manner that City may readily
identify and account for project expenses reimbursed with CDBG Funds. These records
shall be made available to City for audit purposes and shall be retained as required
hereunder.
5.5 Acknowledgement of City Payment of CDBG Funds.
Within 90 days of Completion, Developer shall sign an acknowledgement that
City has paid all CDBG Funds due under this Contract, or shall deliver a document
executed by an officer of Developer identifying with specificity all or any portion of the
CDBG Funds that City has not paid to Developer. After receipt of said document, City
shall determine if City has any further obligation under the terms herein to pay Developer
any more CDBG Funds. Developer and City agree to work together in good faith to
determine if any further CDBG Funds are due to Developer, but City in its sole discretion
shall make the final determination as to whether any such CDBG Funds are still due after
consideration of Developer's performance of its obligations under this Contract including
Developer's performance of the CDBG Requirements and the Gity Requ ,.e fflen
5.6 Security for City's Interest and Developer's Performance.
To secure City's interest in the Required Improvements and the performance of
the CDBG Requirements, the—City Requifements and any of Developer's other
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obligations-hereunder, including meeting the National Objective, Developer shall execute
the Loan Documents and record the Deed of Trust encumbering the Property prior to
having any construction materials delivered to the Property or commencing any work on
the Required Improvements. No CDBG Funds will be paid or reimbursed until the Loan
Documents are executed and the Deed of Trust is recorded.
5.6.1 Loan Terms and Conditions.
Developer will be required to:
5.6.1.1 Execute the Promissory Note and Deed of Trust, along with
any other Loan Documents required by City.
5.6.1.2 Previde-C—ity with a Mortgagee's Policy of otic rirsuiunc ii
the amountof the Loan.
5.6.1.3 Pay all costs associated with closing the Loan.
5.6.1.4 Provide City with an estimated settlement statement at least 1
business day before closing.
5.6.1.5 Ensure City's lien is subordinate only to the
construction/permanent loan for the project (the senior
indebtedness described in the Subordination Agreement).
City agrees to execute any required subordination
agreements, intercreditor agreements or other documents
required. City must approve in writing any secured financing
for the project-that is to be subordinate to the Loan.
5.6.1.6 The term of the Loan shall be as specified in Section 3.2.
5.6.1.7 No interest shall accrue on the Loan provided that Developer
complies with the terms and conditions of the Loan
Documents.
5.6.1.8 The Loan is a forgivable deferred payment loan. Repayment
of the CDBG Funds will only be required if (i) the
SafeHaven domestic violence shelter located on the Property
which was rehabilitated with the CDBG Funds does not
benefit Income Eligible Clients and meet the National
Objective during the Performance Period, (ii) Developer does
not meet the CDBG Requirements or the City Requ ,-emen
during the Performance Period, or (iii) Developer does not
otherwise comply with the terms of this Contract, the Loan
Documents, or the CDBG Regulations. If repayment is
required, Developer must, at City's election in its—sole
discretion, either (i) repay City the total amount of the CDBG
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Funds, or(ii) pay to City the fair market value of the Property
as set by a current appraisal less any portion of the value
attributable to expenditures of non-CDBG funds for the
acquisition of, and improvements to, the Property.
5.6.1.9 Early repayment of the Loan shall not relieve Developer of
its obligations under this Contract or the CDBG Regulations
including but not limited to complying with the CDBG
Requirements or the City Requirements-, or meeting the
National Objective. The Deed of Trust shall secure both
repayment of the CDBG Funds, if required, and performance
by Developer of its obligations under this Contract and the
requirements of the CDBG Regulations during the
Performance Period.
5.6.1.10 Exeept foreonver-sion to a permanent Boa with Developers
permanenA lender-, Refinancing of the Loan or any
subordinate financing (other than that approved herein or
otherwise by City), shall require City's prior written approval
for the purpose of ensuring that the National Objective will
continue to be met as well as compliance with the CDBG
Requirements and the City n o,,uirem en . City's approval of
refinancing of the Loan or approval of any subordinate
financing shall not be unreasonably conditioned or withheld.
5.6.1.11 Failure by Developer to comply with this Section 5.6
will be an event of default under this Contract and the
Loan Documents
5.7 CDBG Requirements, City Requirements and the National Obiective.
Developer shall ensure that it complies with the CDBG Requirements and
Gity Requirements and that the National Objective is met throughout the Performance
Period.
5.8 CDBG Requirements, City Regu:,.,,.,.ents and the National Objective
Survive Transfer.
Any sale or transfer of the Property during the Performance Period, excluding a
transfer due to condemnation or to obtain utility services, will require that the new owner
or transferee assume in writing Developer's obligations under this Contract to meet the
National Objective and comply with the CDBG Requirements and the--rY
v oquir-e m en . Failure of the new owner or transferee to assume all of Developer's
obligations under this Contract will result in termination of the Contract and Developer
must repay City in accordance with the provisions of Section 5.6.1.8 within 30 days of
termination under this Section. If such sale or transfer takes place after the termination of
this Contract but before the end of the Performance Period, the new owner or transferee
must assume all of Developer's obligations under this Contract that survive its
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termination as set forth herein including but not limited to complying with the CDBG
Requirements and City Requirements, and meeting the National Objective. If the new
owner or transferee does not assume Developer's surviving obligations hereunder, then
Developer must repay City in accordance with the provisions of Section 5.6.1.8 within 30
days of written notice by City or City may pursue any of its remedies under this Contract
or the Loan Documents.
6. CONSTRUCTION
6.1. Construction Schedule.
Developer will construct the Required Improvements in accordance with the
schedule set forth in the attached Exhibit "C" — Construction and Reimbursement
Schedule. Developer shall not begin construction of the Required Improvements until
City sends a Notice to Proceed. Developer's failure to meet the Construction Schedule
shall be an event of default. Developer may not change the Construction Schedule
without the Director's prior written approval, which approval shall be in the Director's
sole discretion.
6.1.1 Construction Inspections.
The construction of the Required Improvements must pass a Neighborhood
Services Department Minimal Acceptable Standard Inspection, a HUD Compliance
Inspection and any other applicable HUD-required inspections during the construction
period, along with any applicable City final inspection approval at the completion of
construction of the Required Improvements.
6.2 Applicable Laws, Building Codes and Ordinances.
The Plans for the Required Improvements shall (i) conform to all applicable
federal, state, City and local laws, ordinances, codes, rules and regulations, including the
CDBG Regulations; (ii) meet all City building codes, and (iii) cannot deviate from the
items approved as part of the Environmental Review Record required by 24 CFR Part 58
as more particularly described in Section 8.1 and in Exhibit "A" — Project Summary
and Scope of Work.
6.3 Property Standards During Construction.
Developer shall comply with the requirements as relates to City's property
standards as well as all applicable accessibility standards for the Required Improvements.
Developer shall comply with the requirements of 24 CFR 570.614 and Section 504
requirements prescribing standards for the design, construction or alteration of any
building or facility intended to be accessible to the public or which may result in the
employment of handicapped persons therein. If applicable, Developer must submit Texas
Department of Licensing and Regulation ("TDLR") certificates for compliance with
TDLR's accessibility standards at Completion.
6.4 Lead-Based Paint Requirements.
If applicable, Developer will comply with Federal lead-based paint requirements
including lead screening in housing built prior to 1978 in accordance with 24 CFR Part
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570.608 and 24 CFR Part 35, subparts A, B, J, K, M, and R, and the Lead: Renovation,
Repair and Painting Program Final Rule, 40 CFR Part 745, in any construction and/or
rehabilitation of the Required Improvements.
6.5 Approval of Plans by City Not Release of Responsibility.
Approval of the Plans by City shall not constitute or be deemed (i) to be a release
of the responsibility or liability of Developer or any of its architects, contractors or
subcontractors, or their respective officers, agents, employees and lower tier
subcontractors, for the accuracy or the competency of the Plans, including, but not
limited to, any related investigations, surveys, designs, working drawings and
specifications or other related documents; or (ii) an assumption of any responsibility or
liability by City for any negligent act, error or omission in the conduct or preparation of
any investigation, surveys, designs, working drawings and specifications or other related
documents by Developer or any of its architects, contractors or subcontractors, and their
respective officers, agents, employees and lower tier subcontractors.
6.6 Contractor,Vendor and Subcontractor Requirements.
Developer will use commercially reasonable efforts to ensure that all contractors
or vendors utilized by Developer in the construction of the Required Improvements or
subcontractors utilized by Developer's general contractor are appropriately licensed and
such licenses are maintained throughout the construction of the Required Improvements.
Developer shall ensure that all subcontractors or vendors utilized by Developer or
subcontractors utilized by Developer's general contractor in the construction of the
Required Improvements are not debarred or suspended from performing the contractor's,
subcontractor's or vendor's work by the City, the State of Texas, or the Federal
government. Developer acknowledges that 24 CFR Part 85.35 forbids Developer
from hiring or continuing to employ any contractor, subcontractor or vendor that is
listed on the Federal Excluded Parties List System for Award Management,
www.sam.gov ("SAM"). Developer must confirm by search of SAM that all
contractors, subcontractors or vendors are not listed as being debarred, both prior to
hiring and prior to submitting a Reimbursement Request which includes invoices from
any such contractor, subcontractor or vendor. Failure to submit suchrp oofs of search
shall be an event of default. In the event that City determines that any contractor,
subcontractor or vendor has been debarred, suspended, or is not properly licensed,
Developer or Developer's general contractor shall immediately cause such contractor,
subcontractor or vendor to stop work on the Required Improvements and Developer shall
not be reimbursed for any work performed by such contractor, subcontractor or vendor.
However, this Section should not be construed to be an assumption of any responsibility
or liability by City for the determination of the legitimacy, quality, ability, or good
standing of any contractor, subcontractor or vendor. Developer acknowledges that the
provisions of this Section pertaining to SAM shall survive the termination of this
Contract and be applicable for the length of the Performance Period.
6.7 Furnish Complete Set of"As Built" Plans
Developer shall furnish City a complete set of"as built" plans for the Required
Improvements at completion of construction after all final approvals have been obtained.
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7. COMPLIANCE WITH CDBG REGULATIONS DURING
PERFORMANCE PERIOD.
7.1 Client Documentation.
7.1.1 Income Eligibility.
Developer must document that all clients served in the SafeHaven domestic
violence shelter fall under a "presumed benefit" category as defined in 24 CFR Part 570.
For purposes of this Contract, the category of presumed benefit is victims of domestic
violence who are homeless or at risk of homelessness. Eligible forms of documentation
for this category include:
7.1.1.1 Victims of domestic violence who are homeless or at
risk of homelessness. Written and dated certification
signed by an authorized person from the agency.
7.1.2 Client Verification.
Developer will provide a signed Client Summary Report — Attachment IV
quarterly to City certifying that each client meets the HUD definition of a victim of
domestic violence who is homeless or at risk of homelessness.
Developer will maintain the Unduplicated Client Data Report—Attachment III
in its offices. City will review Client Documentation at least annually during the
Performance Period as part of its monitoring. Developer must maintain copies of all such
documentation for 5 years following the expiration of the Performance Period. This
Section shall survive the earlier termination or expiration of this Contract.
7.1.3 Client Demographic Data/Household Characteristics.
Developer shall provide City with the information about the demographic data,
household characteristics and income of all of Developer's clients served at the
SafeHaven domestic violence shelter whether Program clients or not, on Exhibit "G" —
Documentation of CDBG Requirements, quarterly throughout the Performance Period.
The quarterly reports shall be due to City in accordance with the schedule set out in
Exhibit"G".
7.1.3.1 All of Developer's clients who receive services at the
SafeHaven domestic violence shelter, whether Program
clients or not, must be reported to City on the Unduplicated
Client Data Report - Attachment III and on the Client
Summary Report - Attachment IV the first time any such
client is served by Developer during each year of the
Performance Period. A new year of the Performance Period
for reporting Unduplicated Clients begins October 1 of each
calendar year.
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7.1.3.2 Any Developer client whose income has not been verified or
who has not been reported on the Unduplicated Client Data
Report - Attachment III and on the Client Summary
Report — Attachment IV will be deemed to not be an
Income Eligible Client and shall not be considered a
presumed benefit client.
7.2 Services Provided in the Building.
Grant funds from the CDBG Program were used to pay for a portion of the
accessibility improvements in two bathrooms in the SafeHaven domestic violence shelter;
therefore, City and Developer agree that the Program must meet the National Objective.
7.3 Property Standards During Performance Period.
Developer shall ensure that the Required Improvements are maintained in good
order and repair and in accordance with all applicable City and HUD property standards
for the duration of the Performance Period, which at a minimum shall be those property
standards required by City codes, the CDBG Regulations, and the Section 504
requirements. Developer will allow City to make on-site inspections of the SafeHaven
domestic violence shelter to verify maintenance of the building and the Required
Improvements if City requests such an inspection; provided however, City has no
obligation to inspect the premises.
7.4 Program Income.
Income from the use of the building, if any, is hereby assigned to Developer. A
summary report of income earned must be provided semi-annually to City during the
Performance Period using Exhibit "M" — Report of Program Income. City has the
right to monitor activities on the Property that generate program income, as well as
activities on which program income is spent, to ensure that such activities aid in
maintaining the building and other improvements to the Property in order for Developer
to deliver services at the SafeHaven domestic violence shelter that meet the National
Objective.
8. ADDITIONAL REQUIREMENTS.
Developer agrees to comply with all requirements of the CDBG Program as stated
in the CDBG Regulations, including, but not limited to the following:
8.1 Environmental Review.
Funds will not be paid, and costs cannot be incurred until City has conducted 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
project. Further, Developer will not undertake or commit any funds to physical or choice
limiting actions including if applicable property acquisition, demolition, movement,
rehabilitation, conversion, repair or construction prior to the environmental clearance.
Any violation of this provision will (i) cause this Contract to terminate immediately; (ii)
require Developer to repay City in accordance with the provisions of Section 5.6.1.8
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within 30 days of termination under this Section; and (iii) forfeit any future payments of
CDBG Funds.
8.1.2 Mitigation.
Developer must take the mitigation actions outlined in Exhibit "A-2" —
Environmental Mitigation Actions. Failure to complete the required mitigation
action is an event of default under this Contract.
8.2 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 CDBG Funds, and
that such commitment or approval may occur only upon satisfactory completion of an
Environmental Review Record and receipt by City of an authorization to use grant funds
from HUD under 24 CFR Part 58.
8.3. Monitoring.
8.3.1 Developer understands and agrees that it will be subject to monitoring by
City for compliance with the CDBG Regulations and this Contract for the duration of this
Contract and the Performance Period. Developer will provide access to all files related to
the project or Contract activities and services as requested by City for 5 years after the
end of the Performance Period, and will meet all the reporting requirements set out in this
Contract. This Section shall survive the earlier termination or expiration of this
Contract.
8.3.2 Representatives of City, HUD, HUD Office of Inspector General, and the
United States Comptroller General shall have access during regular business hours, upon
48 hours' prior notice, to Developer's offices and records that are related to the use of the
CDBG Funds, the CDBG Requirements, the City Requirements and the National
Objective, and to Developer's officers, directors, agents, employees, contractors and
subcontractors for the purpose of such monitoring.
8.3.3 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
Developer's compliance with the terms and conditions of this Contract and the Loan.
After each monitoring visit, City shall provide Developer with a written report of the
monitor's findings. If the monitoring report notes deficiencies in Developer's
performance, the report shall include requirements for the timely correction of said
deficiencies by Developer. Failure by Developer to take the action specified in the
monitoring report may be cause for suspension or termination of this Contract as
provided herein or City may take all actions allowed in the Loan Documents.
8.3.4 Developer shall annually provide to City the results of any state or federal
monitoring related to the project or the Program. Such results shall be submitted
annually to City with the submission of its annual audit and financial statements.
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8.3.5 This Section 8.3 shall be applicable for the duration of the Contract term,
the Performance Period and for 5 years thereafter and shall survive the earlier
termination or expiration of this Contract.
8.4 Compliance with the Uniform Relocation Act.
If applicable, Developer shall comply with the relocation requirements of 24 CFR
Part 580.606 and all other applicable Federal and state laws and City ordinances and
requirements.
8.5 Compliance with Davis-Bacon.
If applicable, Developer and its general contractor and all lower tier
subcontractors will comply with the Davis-Bacon Act as described in Section 14.14 and
Exhibit"H" —Davis-Bacon Requirements -Federal Labor Standards Provisions.
8.6 Developer Procurement Standards.
Developer shall establish procurement procedures to ensure that materials and
services are obtained in a cost effective manner. Developer shall comply with all
applicable federal, state and local laws, regulations, and ordinances for making
procurements under this Contract.
8.7 Cost Principles/Cost Reasonableness.
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,
regarding cost reasonableness and allocation.
8.8 Financial Management Standards.
Developer agrees to adhere to the accounting principles and procedures required
in 2 CFR Part 200, 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.
8.9 Uniform Administrative Requirements.
As applicable, Developer will comply with the Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Awards in 2 CFR
Part 200, or any reasonably equivalent procedures and requirements that City may
require.
8.10 Compliance with FFATA and Whistleblower Protections.
Developer shall provide City with all necessary information for City to comply
with the requirements of 2 CFR Part 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.
8.10.1 Developer shall provide its DUNS number to City prior to the
payment of its first Reimbursement Request.
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8.11 Internal Controls.
In compliance with the requirements of 2 CFR Part 200.303, Developer shall:
8.11.1 Establish and maintain effective internal control over the CDBG Funds
that provides reasonable assurance that Developer 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");
8.11.2 Comply with federal statutes, regulations, and the terms and conditions of
this Contract;
8.11.3 Evaluate and monitor Developer's compliance with statutes, regulations
and the terms and conditions of this Contract;
8.11.4 Take prompt action when instances of noncompliance are identified
including noncompliance identified in audit findings; and
8.11.5 Take reasonable measures to safeguard protected personally identifiable
information and other information that HUD or City designates as sensitive or Developer
considers sensitive consistent with applicable federal, state, local and tribal laws
regarding privacy and obligations of confidentiality.
8.12 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 Developer.
HUD and City shall possess all rights to invention or discovery, as well as rights in data
which may arise as a result of Developer's performance under this Contract.
8.13 Terms Applicable to Contractors, Subcontractors and Vendors.
Developer understands and agrees that all terms of this Contract, whether
regulatory or otherwise, shall apply to any and all contractors, subcontractors and vendors
of Developer which are in any way paid with CDBG Funds or who perform any work in
connection with the Required Improvements. Developer 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 if
applicable its obligations regarding the CDBG Regulations, the CDBG Requirements, the
City Requirements, and the National Objective during the Performance Period.
Developer shall monitor the services and work performed by its contractors,
subcontractors and vendors on a regular basis for compliance, as applicable, with the
CDBG Regulations, the CDBG Requirements, the City Requirements and the National
Objective as well as the Contract provisions. Developer must cure all violations of the
CDBG Regulations committed by its contractors, subcontractors or vendors. City
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maintains the right to insist on Developer's full compliance with the terms of this
Contract and the CDBG Regulations, and Developer is responsible for such compliance
regardless of whether actions taken to fulfill the requirements of this Contract are taken
by Developer or by Developer's contractors, subcontractors or vendors. Developer
acknowledges that the provisions of this Section shall survive the earlier termination
or expiration of this Contract and be applicable for the length of the Performance
Period and for 5 years thereafter.
8.14 Payment and Performance Bonds.
Subject to the requirements of 2 CFR Part 200.325, Developer shall furnish City
with payment and performance bonds in a form acceptable to City in the amount of the
construction cost for the project but not less than$198,000.00. At City's discretion, other
forms of assurance may be acceptable so long as they meet the requirements of the
CDBG Regulations or other federal requirements and the federal interest is adequately
protected.
8.15 Uniform Administrative Requirements.
Developer will comply with the Uniform Administrative Requirements set forth
in 24 CFR Part 570.502, or any reasonably equivalent procedures and requirements that
City may require.
9. RECORD KEEPING, REPORTING AND DOCUMENTATION
REQUIREMENTS; AUDIT.
9.1 Record Keeping.
Developer 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, Developer will keep or cause to be kept an accurate record
of all actions taken and all funds spent, with supporting and back-up documentation, as
well as all Client Documentation. Developer will maintain all records and documentation
related to this Contract for 5 years after the expiration of the Performance Period. If any
claim, litigation, or audit is initiated before the expiration of the 5 year period,the records
must be retained until all such claims, litigation or audits have been resolved.
9.1.2 Access to Records.
City, HUD and any duly authorized officials of the federal government will have
full access to, and the right to examine, audit, excerpt and/or transcribe any of
Developer's records pertaining to all matters covered by this Contract throughout the
Performance Period and for 5 years thereafter. Such access shall be during regular
business hours and upon at least 48 hours' prior notice.
9.2 Reports.
Developer will submit to City all reports and documentation described in this
Contract, in such form as City may prescribe. Developer may also be required to submit
a final performance and financial report if required by City at the termination of this
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Contract and/or the termination of the Loan in such form and within such times as City
may prescribe. Failure to submit any report or documentation described in this
Contract to City shall be an event of default of this Contract and City may exercise
all of it remedies for default under this Contract and Loan Documents.
9.2.1 Additional Information.
Developer shall provide City with additional information as may be required by
federal or state agencies to substantiate CDBG activities and/or expenditure eligibility.
9.3 Change in Reporting Requirements and Forms.
City retains the right to change reporting requirements and forms at its discretion.
City will notify Developer in writing at least 30 days prior to the effective date of such
change, and the Parties shall execute an amendment to the Contract reflecting such
change if necessary.
9.4 Audit.
9.4.1 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. If applicable, the audit shall cover Developer'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. Developer's audit certification
is attached hereto as EXHIBIT "D" — "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.
9.4.2 City Reserves the Right to Audit.
City reserves the right to perform an audit (i) of Developer's expenditure of
CDBG Funds or (ii) program income in accordance with Section 7.4, at any time during
the term of this Contract, the Performance Period, or within 5 years thereafter as the case
may be, if City determines that such audit is necessary for City's compliance with the
CDBG Regulations or other City policies, and Developer agrees to allow access to all
pertinent materials as described herein. If such audit reveals a questioned practice or
expenditure, such questions must be resolved within 15 business days after notice to
Developer of such questioned practice or expenditure. If questions are not resolved
within this period, City reserves the right to withhold further funding under this Contract
and/or future contract(s) with Developer. IF AS A RESULT OF ANY AUDIT IT IS
DETERMINED THAT DEVELOPER HAS FALSIFIED ANY
DOCUMENTATION OR MISUSED, MISAPPLIED OR MISAPPROPRIATED
CDBG FUNDS OR SPENT CDBG FUNDS OR PROGRAM INCOME ON ANY
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INELIGIBLE ACTIVITIES, DEVELOPER 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.
10. REIMBURSEMENT REQUIREMENTS.
Developer shall provide City with Complete Documentation and the following
reports as shown in Exhibit "F" — Reimbursement Forms with each Reimbursement
Request:
10.1 Attachment I—Invoice.
This report shall contain the amount requested for reimbursement in the submitted
request, and the cumulative reimbursement requested to date (inclusive of the current
request). This report must be signed by an authorized signatory of Developer. By signing
Attachment I, Developer is certifying that the costs are valid, eligible, and consistent
with the terms and conditions of this Contract, and the data contained in the report is true
and correct.
10.2 Attachment II—Expenditure Worksheet.
This report shall itemize each expense requested for reimbursement by Developer.
In order for this report to be complete the following must be submitted:
10.2.1 Invoices for each expense with an explanation as to how the expense
pertains to the project, if necessary; and
10.2.2 Proof that each expense was paid by Developer, which proof can be
satisfied by cancelled checks, wire transfer documentation, paid receipts or other
appropriate banking documentation.
10.3. Deadline for Submitting Reimbursement Requests.
All Reimbursement Requests along with Complete Documentation shall be
submitted by Developer to City within 60 days from each of the deadlines as shown in
Exhibit "C"—Construction and Reimbursement Schedule.
10.3.1 CITY SHALL HAVE NO OBLIGATION TO PAY ANY
REIMBURSEMENT REQUEST THAT IS NOT RECEIVED WITHIN 60 DAYS
OF THE DEADLINES SHOWN IN EXHIBIT "C" — CONSTRUCTION AND
REIMBURSEMENT SCHEDULE. In addition, Developer's failure to timely
submit Reimbursement Requests and Complete Documentation along with any
required reports shall be an event of default.
10.3.2 CITY SHALL HAVE NO OBLIGATION TO MAKE PAYMENT
ON ANY REIMBURSEMENT REQUEST THAT IS NOT RECEIVED WITHIN 30
DAYS OF THE COMPLETION DEADLINE.
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10.3.3 Final Payment
Final payment will not be made until City has verified that Developer has
met the National Objective at time of such Reimbursement Request, and that
Developer has submitted an accurate initial Performance Report, including the
signed Client Summary Report-Attachment IV.
10.4 Withholding Payment.
10.4.1 CITY SHALL WITHHOLD PAYMENTS REQUESTED UNDER
THIS CONTRACT IF COMPLETE DOCUMENTATION IS NOT RECEIVED.
10.4.2 FINAL REIMBURSEMENT SHALL NOT BE MADE UNTIL
ALL LIENS ARE RELEASED TO CITY'S SATISFACTION.
10.5 Timing of Payment.
Provided that Developer submits Complete Documentation in conformance with the
requirements of this Contract and the CDBG Regulations, City will reimburse Developer
for eligible expenses within 30 calendar days.
11. DEFAULT AND TERMINATION.
11.1 Failure to Begin or Complete the Required Improvements
11.1.1 If Developer fails to begin construction on the Required Improvements
within 18 months of the execution of this Contract, the Contract shall automatically
terminate without further warning or opportunity to cure, and with no penalty or liability
to City.
11.1.2 If City determines that the Required Improvements were not
completed by the Completion Deadline or have failed to pass any of the inspections
described in Section 6.1.1, City shall have the right to terminate this Contract with no
penalty or liability to City, with such termination to be effective immediately upon
written notice. City shall also be entitled to demand that Developer repay City in
accordance with the provisions of Section 5.6.1.8 within 30 days of written notice by City
or City may pursue any of its remedies under this Contract or the Loan Documents.
11.2 Failure to Submit Complete Documentation During Construction.
11.2.1 If Developer fails to submit Complete Documentation during
construction of the Required Improvements in accordance with Exhibit "C" —
Construction and Reimbursement Schedule—or if any report or documentation
submitted as part of Complete Documentation is not in compliance with this Contract or
CDBG Regulations as determined by City, City will notify Developer in writing and the
Developer will have 15 calendar days from the date of the written notice to submit or
resubmit any such report or documentation. If Developer fails to submit or resubmit any
such report or documentation within such time, City shall have the right to withhold
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payments. If such failure continues for an additional 15 days (a total of 30 days), City
shall have the right to terminate this Contract effective immediately upon written notice
of such intent with no penalty or liability to City. Notwithstanding anything to the
contrary herein, City will not be required to pay any CDBG Funds to Developer during
the period that any such report or documentation is not in compliance with this Contract
or the CDBG Regulations.
11.2.2 If any of Developer's Reimbursement Requests are incomplete or
otherwise not in compliance with this Contract or CDBG Regulations as determined by
City, Developer shall be in default of this Contract. City will notify Developer in writing
of such default and the Developer will have 15 calendar days from the date of the written
notice to resubmit any such Reimbursement Request to cure the default. If the Developer
fails to cure the default within such time, Developer shall forfeit any payments otherwise
due under such Reimbursement Request. If such failure to resubmit such Reimbursement
Request continues for an additional 15 days (a total of 30 days), City shall have the right
to terminate this Contract effective immediately upon written notice of such intent with
no penalty or liability to City. Notwithstanding anything to the contrary herein, City will
not be required to pay any CDBG Funds to Developer during the period that any such
Reimbursement Request is not in compliance with this Contract or the CDBG
Regulations.
11.2.3 In the event of more than 2 instances of default, cured or uncured,
under Sections Section 11.2.1 or 11.2.2, 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.
11.2.4 Notwithstanding anything to the contrary herein, City will not be
required to pay any CDBG Funds to Developer during the period that any
Reimbursement Requests, reports or documentation are past due or are not in compliance
with this Contract or the CDBG Regulations, or during any period during which
Developer is in default of this Contract.
11.2.5. In the event of termination under this Section 11.2, all CDBG Funds
awarded but unpaid to Developer pursuant to this Contract shall be immediately forfeited
and Developer shall have no further right to such funds. Any CDBG Funds already paid
to Developer must be repaid to City within 30 days of termination under this Section, or
at City's election Developer must repay City in accordance with the provisions of Section
5.6.1.8. Failure to repay will result in City exercising all legal remedies available to City
under this Contract and the Loan Documents.
11.3 Failure to Maintain or Submit Required Reports and
Documentation During Performance Period.
If Developer fails to maintain all records and documentation as required in
Section 9, or fails to submit any report or documentation required by this Contract after
the Required Improvements are completed, or if the maintained or submitted report or
documentation is not in compliance with this Contract or the CDBG Regulations as
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determined by City, City will notify Developer in writing and the Developer will have 15
calendar days from the date of the written notice to obtain or recreate the missing records
and documentation, or submit or resubmit any such report or documentation to City. If
Developer fails to maintain the required reports or documentation, or 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. In the event of termination under this Section 11.3, any CDBG Funds
paid to Developer must be repaid to City within 30 days of termination under this
Section, or at City's election Developer must repay City in accordance with the
provisions of Section 5.6.1.8. Failure to repay will result in City exercising all legal
remedies available to City under this Contract and the Loan Documents.
11.4 In General.
11.4.1 Subject to Sections 11.1, 11.2 and 11.3, and unless specifically
provided otherwise in this Contract, Developer shall be in default under this Contract if
Developer 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 Developer has diligently and
continuously attempted to cure following receipt of such written notice but reasonably
required more than 30 calendar days to cure, as determined by the Parties mutually and in
good faith, City shall have the right to elect, in City's sole discretion, to (i) extend
Developer's time to cure, (ii) terminate this Contract effective immediately upon written
notice of such intent to Developer, or (iii) to pursue any other legal remedies available to
City under this Contract or the Loan Documents.
11.4.2 City's remedies may include:
11.4.2.1 Direct Developer 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.
11.4.2.2 Direct Developer to establish and follow a management
plan that assigns responsibilities for carrying out the
remedial activities.
11.4.2.3 Cancel or revise activities likely to be affected by the
performance deficiency before expending CDBG Funds for
the activities.
11.4.2.4 Reprogram CDBG Funds that have not yet been expended
from affected activities to other eligible activities or
withhold CDBG Funds.
11.4.2.5 Direct Developer to reimburse City in any amount of
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CDBG Funds not used in accordance with the CDBG
Regulations.
11.4.2.6 Suspend reimbursement of CDBG Funds for affected
activities.
11.4.2.7 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 Developer, and any other available
remedies.
11.4.3 In the event of termination under this Section 11.4, all CDBG Funds
awarded but unpaid to Developer pursuant to this Contract shall be immediately
rescinded and Developer shall have no further right to such funds and any CDBG Funds
already paid to Developer must be repaid to City within 30 days of termination, or at
City's election Developer must repay City in accordance with the provisions of Section
5.6.1.8. Failure to repay will result in City exercising all legal remedies available to
City under this Contract or the Loan Documents.
11.5 No Funds Disbursed While in Breach.
Developer understands and agrees that no CDBG Funds will be paid to Developer
until all defaults are cured to City's satisfaction.
11.6 No Compensation After Date of Termination.
In the event of termination, Developer shall not receive any compensation for
work undertaken after the date of the termination.
11.7 Rights of City Not Affected.
Termination shall not affect or terminate any of the existing rights of City against
Developer, or which may thereafter accrue because of such default, and this provision
shall be in addition to any and all other rights and remedies available to City under the
law and Loan Documents including, but not limited to, compelling Developer to
complete the Required Improvements in accordance with the terms of the Contract. Such
termination does not terminate any applicable provisions of this Contract that have been
expressly noted as surviving the term or early 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
Developer default.
11.8 Waiver of Breach Not Waiver of Subsequent Breach.
The waiver of a breach of any term, covenant, or condition of this Contract shall
not operate as a waiver of any subsequent breach of the same or any other term, covenant
or condition hereof.
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11.9 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.
11.10 Termination for Cause.
11.10.1 City may terminate this Contract in the event of Developer'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 Developer
pursuant to this Contract shall be immediately rescinded and Developer shall have no
further right to such funds and any CDBG Funds already paid to Developer must be
repaid to City within 30 days of termination, or at City's election Developer must repay
City in accordance with the provisions of Section 5.6.1.8. Failure to repay will result in
City exercising all remedies available to City under this Contract or the Loan
Documents.
11.10.2 Developer may terminate this Contract if City does not provide the
CDBG Funds substantially in accordance with this Contract.
11.11 Termination for Convenience.
In terminating in accordance with 24 C.F.R. 85.44 this Contract may be
terminated in whole or in part only as follows:
11.11.1 By City with the consent of Developer 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
11.11.2 By the Developer upon at least 30 days' written notice 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 that the remaining portion of the
Contract to be performed or CDBG Funds to be spent will not accomplish the purposes
for which this Contract was made.
11.12 Dissolution of Developer Terminates Contract.
In the event Developer is dissolved or ceases to exist, this Contract shall
terminate. 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 and the
Loan Documents.
12. REPAYMENT OF FUNDS.
All CDBG Funds are subject to repayment in the event the Required
Improvements do not meet the requirements as set out in this Contract or in the CDBG
Regulations, including but not limited to meeting the National Objective. If Developer
changes use of Required Improvements to one that does not meet the CDBG
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Requirements, the City Requiremen4, the National Objective and/or other
requirements of the CDBG Regulations or the terms of this Contract, Developer
must either (i) repay the CDBG Funds or (ii) at City's election Developer must
repay City in accordance with the provisions of Section 5.6.1.8.
13. MATERIAL OWNERSHIP CHANGE.
If ownership of the Developer or the project materially changes after the date of
this Contract, City may but is not obligated to, terminate this Contract. City has 30 days
to make such determination after receipt of notice from Developer and failure to make
such determination will constitute a waiver. In the event of termination under this
Section 13, all CDBG Funds awarded but not yet paid to Developer pursuant to this
Contract shall be immediately rescinded and Developer shall have no further right to such
funds. Any CDBG Funds already paid to Developer must be repaid to City within 30
days of termination under this Section.
14. GENERAL PROVISIONS.
14.1 Developer an Independent Contractor.
Developer shall operate hereunder as an independent contractor and not as an
officer, agent, servant or employee of City. Developer 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, tenants, clients, licensees or invitees.
14.2 Doctrine of Respondeat Superior.
The doctrine of respondeat superior shall not apply as between City and
Developer, its officers, members, agents, servants, employees, contractors,
subcontractors, tenants, clients, licensees or invitees, and nothing herein shall be
construed as creating a partnership or joint enterprise between City and Developer. City
does not have the legal right to control the details of the tasks performed hereunder by
Developer, its officers, members, agents, employees, contractors, subcontractors,
vendors, tenants, licensees or invitees.
14.3 Developer Property.
City shall under no circumstances be responsible for any property belonging to
Developer, its officers, members, agents, employees, contractors, subcontractors,
vendors, tenants, clients, licensees or invitees that may be lost, stolen or destroyed or in
any way damaged and DEVELOPER 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.
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14.4 Religious Organization.
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 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.
14.6 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.
14.7 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 invalidity shall not affect other provisions which can be
given effect without the invalid provision.
14.8 Written Agreement Entire Agreement.
This written instrument and the Attachments and Exhibits 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.
14.9. 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".
14.10 Compliance With All Applicable Laws and Regulations.
Developer agrees to comply fully with all applicable laws and regulations that are
currently in effect or that are hereafter amended during the term of this Contract and
throughout the Performance Period. Those laws include, but are not limited to:
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➢ CDBG Regulations found in 24 CFR Part 570.
➢ Title I of the Housing and Community Development Act of 1974, as amended,
(42 USC 5301 et seq.)
➢ 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 person of limited English proficiency
➢ The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C.
Sections 3601 et seq.)
➢ 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 and Environmental Protection Agency
Regulations at 40 CFR Part 15. In no event shall any amount of the assistance
provided under this Contract be utilized with respect to a facility that has
given rise to a conviction under the Clean Air Act or the Clean Water Act.
➢ 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 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
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➢ 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, (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, 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.
14.11 HUD-Assisted Projects and Employment and other Economic
Opportunities; Section 3 Requirements.
14.11.1 Requirement that Law Be Quoted in Covered Contracts. —Certain
Requirements Pertaining to Section 3 of the Housing and Urban
Development Act of 1968 as Amended (12 U.S.C. Sections 1701 et
seq.) and its Related Regulations at 24 CFR Part 135
If the construction of the Required Improvements will cause the creation of new
employment, training, or contracting opportunities on a contractor or subcontractor level
resulting from the expenditure of the CDBG Funds, Developer shall comply with the
following and will ensure that its contractors also comply. If the work performed under
this Contract is on a project assisted under a program providing direct Federal financial
assistance from HUD, Section 3 of 24 CFR 135.38 ("Section 3") requires that the
following clause, shown in italics, be inserted in all covered contracts ("Section 3
Clause"):
Section to be quoted in covered contracts begins:
"A. The work to be performed under this contract is subject to the
requirements of Section 3 of Housing and Urban Development Act of
1968, as amended, 12 U.S.C. section 1701 u (Section 3). The purpose of
Section 3 is to ensure that employment and other economic opportunities
generated by HUD or HUD-assisted programs covered by Section 3, shall
to the greatest extent feasible, be directed to low- and very-low income
persons, particularly persons who are recipients of HUD assistance for
housing.
B. The parties to this contract agree to comply with HUD's
regulations in 24 CFR Part 135, which implement Section 3. As evidenced
by their execution of this contract, the parties to this contract certify that
they are under no contractual or other impediment that would prevent
them from complying with the Part 135 regulations.
C. The contractor agrees to send to each labor organization or
representative of workers with which it has a collective bargaining
agreement or other understanding, if any, a notice advising the labor
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organization or workers' representatives of the contractor's commitments
under this Section 3 clause and will post copies of the notice in
conspicuous places at the work site where both employees and applicants
for training and employment positions can seethe notice. The notice shall
describe the Section 3 preference, shall set forth minimum number and job
titles subject to hire, availability of apprentice and training positions, the
qualifications for each; and the name and location of the person(s) taking
applications for each of the positions; and the anticipated date the work
shall begin.
D. The contractor agrees that it will include this Section 3 clause in
every subcontract to comply with regulation in 24 CFR Part 135, and
agrees to take appropriate action, as provided in an applicable provision
of the subcontract or in this Section 3 clause, upon finding that the
subcontractor is in violation of the regulations in 24 CFR Part 135. The
contractor will not subcontract with any subcontractor where it has notice
or knowledge that the subcontractor has been found in violation of
regulations in 24 CFR 135.
E. The contractor will certify that any vacant employment positions,
including training positions that are filled: (1) after the contractor is
selected but before the contract is executed, and (2) with persons other
than those to whom the regulations of 24 CFR Part 135 require
employment opportunities to be directed, were not filled to circumvent the
contractor's obligations under 24 CFR Part 135. The contractor will not
subcontract with any subcontractor where it has notice or knowledge that
the subcontractor has been found in violation of regulations in 24 CFR
135.
F. Noncompliance with HUD's regulation in 24 CFR Part 135 may
result in sanctions, termination of this contract for default, and debarment
or suspension from future HUD assisted contracts.
G. With respect to work performed in connection with Section 3
covered Indian housing assistance, section 7(b) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. section 450e) also
applies to the work to be performed under this Contract. Section 7(b)
requires that to the greatest extent feasible (i) preference and
opportunities for training and employment shall be given to Indians, and
(ii)preference in the award of contracts and subcontracts shall be given to
Indian organizations and Indian-owned Economic Enterprises. Parties to
this contract that are subject to the provisions of Section 3 and Section
7(b) agree to comply with Section 3 to the maximum extent feasible, but
not in derogation of compliance with Section 7(b). "
Section to be quoted in covered contracts ends.
14.11.2 Developer Responsibilities for Section 3 Requirements.
City and Developer understand and agree that compliance with the provisions of
Section 3,the regulations set forth in 24 CFR Part 135, and all applicable rules and orders
of HUD shall be a condition of the Federal financial assistance provided to the project
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binding upon City and Developer, and their respective successors, assigns, contractors
and subcontractors. Failure to fulfill these requirements shall subject Developer and its
contractors and subcontractors and their respective successors and assigns to those
sanctions specified by the grant agreement through which Federal assistance is provided
and to such sanctions as are specified by 24 CFR Part 135. Developer's responsibilities
include:
14.11.2.1 Implementing procedures to notify Section 3 residents
and business concerns about training, employment, and
contracting opportunities generated by Section 3 covered
assistance;
14.11.2.2 Notifying potential contractors working on Section 3
covered projects of their responsibilities;
14.11.2.3 Facilitating the training and employment of Section 3
residents and the award of contracts to Section 3 business
concerns;
14.11.2.4 Assisting and actively cooperating with the
Neighborhood Services Department in making
contractors and subcontractors comply;
14.11.2.5 Refraining from entering into contracts with contractors
that are in violation of Section 3 regulations;
14.11.2.6 Documenting actions taken to comply with Section 3; and
14.11.2.7 Submitting Section 3 Annual Summary Reports (form
HUD-60002) in accordance with 24 CFR Part 135.90.
14.11.3 Section 3 Reporting Requirements.
In order to comply with the Section 3 requirements, Developer must submit the
forms attached hereto as Exhibit "I" - Section 3 Reporting Forms.
14.11.3.1 Developer or its contractor must report all applicants for
employment by contractor and any subcontractor to City
on a quarterly basis. This shall include name, address,
zip code, date of application, and status (hired/not-hired)
as of the date of the report.
14.11.3.2 Developer or its contractor must advertise available
positions to the public for open competition, and provide
documentation to City with the quarterly report that
demonstrates such open advertisement, in the form of
printout of Texas Workforce Commission posting, copy
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of newspaper advertisement, copy of flyers and listing of
locations where flyers were distributed, and the like.
14.11.3.3 Developer or its contractor must report all contracts
awarded by contractor and subcontractor to City on a
quarterly basis. This shall include name of contractor
and/or subcontractor, address, zip code, and amount of
award as of the date of the report.
14.12 Prohibition Against Discrimination,
14.12.1 General Statement.
Developer, in the execution, performance or attempted performance of this
Contract, and in operation of services provided on the Property, shall comply with all
non-discrimination requirements of 24 CFR 570.607 and the ordinances codified at
Chapter 17, Article III, Division 4 —Fair Housing of the City Code. Developer 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 Developer permit its officers,
members, agents, employees, vendors, or project participants to engage in such
discrimination.
This Contract is made and entered into with reference specifically to the
ordinances codified at Chapter 17, Article III, Division 3 - Employment Practices of the
City Code, and Developer hereby covenants and agrees that Developer, its officers,
members, agents, employees, vendors, 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 Developer or its
officers, members, agents, employees,vendors, or contractors.
14.12.2 No Discrimination in Employment during the Performance of this
Contract.
During the performance of this Contract, Developer agrees to the following
provision, and will require for the construction of the Required Improvements that its
contractors, subcontractors, and vendors also comply with such provision by including it
in all contracts with its contractors, subcontractors, or vendors:
(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,
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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.
14.12.3 Developer's Contractors and the ADA.
In accordance with the provisions of the Americans With Disabilities Act of 1990
("ADA"), Developer 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 Developer or any of its contractors. DEVELOPER
WARRANTS IT WILL FULLY COMPLY WITH ADA'S PROVISIONS AND
ANY OTHER APPLICABLE FEDERAL, STATE AND LOCAL LAWS
CONCERNING DISABILITY AND WILL DEFEND, INDEMNIFY AND HOLD
CITY HARMLESS AGAINST ANY CLAIMS OR ALLEGATIONS ASSERTED
BY THIRD PARTIES OR CONTRACTORS AGAINST CITY ARISING OUT OF
DEVELOPER'S AND/OR ITS CONTRACTORS', AGENTS' OR EMPLOYEES'
ALLEGED FAILURE TO COMPLY WITH THE ABOVE-REFERENCED LAWS
CONCERNING DISABILITY DISCRIMINATION IN THE PERFORMANCE OF
THIS CONTRACT.
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14.13 Conflict of Interest and Violations of Criminal Law.
14.13.1 Developer Safeguards.
Developer 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. Developer shall disclose to City any
conflict of interest or potential conflict of interest described above, immediately upon
discovery of such.
14.13.2 General Prohibition Against Conflicts of Interest.
No persons who are employees, agents, consultants, officers or elected officials or
appointed officials of City or of Developer 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,
unless they are accepted in accordance with the procedures set forth at 24 CFR 570.611.
14.13.2.1 Developer shall establish conflict of interest policies for
Federal Awards and shall provide such policies in writing
to City in accordance with the requirements of 2 CFR Part
200.112.
14.13.3 Disclosure of Conflicts of Interest.
In compliance with 2 CFR Part 200.112, Developer is required to timely disclose
to City in writing any potential conflict of interest, as described in this Section.
14.13.4 Disclosure of Texas Penal Code Violations.
Developer affirms that it will adhere to the provisions of the Texas Penal Code
which prohibits bribery and gifts to public servants.
14.13.5 Disclosure of Federal Criminal Law Violations.
In compliance with 2 CFR Part 200.113, Developer is required to timely disclose to City
all violations of federal criminal law involving fraud, bribery or gratuity violations
potentially affecting this Contract.
14.14 Labor Standards.
14.14.1 As applicable, Developer agrees to comply with the requirements of
the Secretary of Labor in accordance with the Davis-Bacon Act (40 U.S.C. 276a-7) as
amended, the provisions of Contract Work Hours and Safety Standards Act (40 U.S.C.
327 et seq.) and all other applicable Federal, State and local laws and regulations
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pertaining to labor standards insofar as those acts apply to the performance of this
Contract. Developer agrees to comply with the Copeland Anti-Kick Back Act (18 U.S.C.
874 et seq.) and its implementing regulations of the United .States Department of Labor
at 29 CFR Part 5. Developer shall maintain documentation that demonstrates compliance
with hour and wage requirements of this Contract and the CDBG Regulations. Such
documentation shall be made available promptly to City for review upon request.
14.14.2 Developer agrees that, where required by the CDBG Regulations, all
contractors engaged under contract for construction, renovation or repair work financed
in whole or in part with assistance provided under this Contract, shall comply with
Federal requirements adopted by City pertaining to such contracts and with the applicable
requirements of the regulations of the Department of Labor under 29 CFR Parts 1, 3, 5
and 7 governing the payment of wages and ratio of apprentices and trainees to journey
workers; provided that, if wage rates higher than those required under these regulations
are imposed by state or local law, nothing hereunder is intended to relieve Developer of
its obligation, if any, to require payment of the higher wage. Developer shall cause or
require to be inserted in full provisions meeting the requirements of this paragraph in all
such contracts subject to such regulations.
14.14.3 If Davis-Bacon is applicable, Developer shall provide City access to
employee payrolls, contractor and subcontractors payrolls and other wage information for
persons performing construction of the Development. Payrolls must be submitted to the
Neighborhood Services Department weekly, and must be available to Neighborhood
Services Department staff upon request. In addition, Developer shall ensure that City
will have access to employees, contractors and subcontractors and their employees in
order to conduct onsite interviews with laborers and mechanics. Developer shall inform
its contractors and subcontractors that City staff and/or Federal agencies may conduct
periodic employee wage interview visits during the construction of the Required
Improvements to ensure compliance.
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, Developer 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. Developer agrees to incorporate the City's
BDE Ordinance, and all amendments or successor policies or ordinances thereto, into all
contracts and subcontracts for procurement $50,000.00 or larger, 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,
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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.
14.15.3 In order to comply with Federal reporting requirements, Developer
must submit the form attached hereto as Exhibit "L" —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. Developer shall submit this form annually by the date specified in
Exhibit "L" —MBE Reporting Form.
14.16 Other Laws.
The failure to list any federal, state or City ordinance, law or regulation that is
applicable to Developer does not excuse or relieve Developer from the requirements or
responsibilities in regard to following the law, nor from the consequences or penalties for
Developer's failure to follow the law, if applicable.
14.17 Assignment.
Developer 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
without approval shall be void, and shall constitute a breach of this Contract.
14.18 Riaht to Inspect Developer Contracts.
It is agreed that City has the right to inspect and approve in writing, prior to any
charges being incurred, any proposed contracts between Developer and (i) its general
contractor and subcontractors, including any lower tier subcontractors engaged in any
activity that is funded as a part of the construction of the Required Improvements to
ensure they contain Davis-Bacon Act and Section 3 requirements, (ii) vendor contracts
arising out of the construction of the Required Improvements, and (iii) any third party
contracts to be paid with CDBG Funds.
14.19 Force Maieure
If Developer becomes unable, either in whole or part, to fulfill its obligations
under this Contract due to acts of God, strikes, lockouts, or other industrial disturbances,
acts of public enemies, wars, blockades, insurrections, riots, epidemics, earthquakes,
fires, floods, restraints or prohibitions by any court, board, department, commission or
Developer of the United States or of any States, civil disturbances, or explosions, or some
other reason beyond such Developer'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. Developer 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 the
Developer's obligation regardless of the extent of any existing Force Majeure Event.
Developer will use commercially reasonable efforts to remedy its inability to perform as
soon as possible.
14.20 Survival.
Any provision of this Contract that pertains to the CDBG Requirements, the City
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the National Objective, auditing, monitoring, client income eligibility,
record keeping and reports, City ordinances, the provisions of Section 6.6 pertaining to
the Federal System of Award Management, or any other applicable CDBG Program
requirements, and any default and enforcement provisions necessary to enforce such
provisions, shall survive the term or earlier termination of this Contract for the longer of
(i) 5 years after the termination of this Contract, or (ii) 5 years after the termination of the
Performance Period, and shall be enforceable by City against Developer.
15. INDEMNIFICATION AND RELEASE.
DEVELOPER 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 HIND 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 REQUIRED IMPROVEMENTS
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
DEVELOPER 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 HINDS 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 REQUIRED IMPROVEMENTS
DESCRIBED HEREIN, WHETHER OR NOT CAUSED IN WHOLE OR IN
PART BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS,
EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS OF CITY.
DEVELOPER 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 DEVELOPER, ITS OFFICERS, MEMBERS, AGENTS,
EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, INVITEES,
LICENSEES, OR PROJECT PARTICIPANTS, OR CAUSED, IN WHOLE OR IN
PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS,
EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS OF CITY.
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IT IS THE EXPRESS INTENTION OF THE PARTIES, BOTH DEVELOPER
AND CITY, THAT THE INDEMNITY PROVIDED FOR THIS SECTION
INCLUDES INDEMNITY BY DEVELOPER TO INDEMNIFY AND PROTECT
CITY FROM THE CONSEQUENCES OF CITY'S OWN NEGLIGENCE,
WHETHER THAT NEGLIGENCE IS ALLEGED TO BE THE SOLE OR
CONCURRING CAUSE OF THE INJURY, DAMAGE OR DEATH.
DEVELOPER 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.
DEVELOPER SHALL REQUIRE ALL OF ITS CONTRACTORS,
SUBCONTRACTORS, AND VENDORS 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 DEVELOPER.
If Developer, 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, Developer 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.
Developer will maintain blanket fidelity coverage in the form of insurance or bond in the
amount of$198,000.00 to insure against loss from the fraud, theft or dishonesty of any of
Developer's officers, agents, trustees, directors or employees. The proceeds of such bond
shall be used to reimburse City for any and all loss of CDBG Funds occasioned by such
misconduct. To effectuate such reimbursement, such fidelity coverage shall include a
rider stating that reimbursement for any loss or losses thereunder shall name the City as a
Loss Payee.
Developer 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, Developer 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
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execution, performance, attempted performance or nonperformance of this Contract.
Developer shall maintain, or require its general contractor to maintain, the following
coverages and limits thereof:
Commercial General Liability (CGL) Insurance
$1,000,000 each occurrence
$2,000,000 aggregate limit
Non-Profit Organization Liability or Directors & Officers Liability if applicable)
$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
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 Developer'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.
Developer or its contractors shall maintain coverages, if applicable. In the event
the respective contractors do not maintain coverage, Developer 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 Developer shall revise such amounts within
30 days following notice to Developer of such requirements.
Developer 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.
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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.
The Workers' Compensation Insurance policy shall be endorsed to include a waiver of
subrogation, also referred to as a waiver of rights of recovery, in favor of City.
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 Developer's insurance policies shall be licensed to do business in the state of
Texas by the Department of Insurance or be otherwise eligible and authorized to do
business in the state of Texas. Insurers shall be acceptable to City insofar as their
financial strength and solvency and each such company shall have a current minimum
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 Project, and such requirements exceed those specified herein, the
former shall prevail.
Developer shall require its contractors to maintain applicable insurance coverages, limits,
and other requirements as those specified herein; and, Developer shall require its
contractors to provide Developer with certificate(s) of insurance documenting such
coverage. Also, Developer shall require its contractors to have City and Developer
endorsed as additional insurers (as their interest may appear) on their respective insurance
policies.
Developer shall require its general contractor to maintain builders risk insurance at the
value of the construction.
Notwithstanding any provision in this Contract to the contrary, when applicable,
Developer 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 any property owned by
Developer.
18. Certification Regarding Lobbying.
The undersigned representative of Developer hereby certifies, to the best of his or
her knowledge and belief, that:
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No Federal appropriated funds have been paid or will be paid, by or on
behalf of Developer, to any person for influencing or attempting to
influence an officer or employee of any Developer, 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 Developer, member of Congress in connection
with this Federal contract, grant, loan or cooperative agreement,
Developer shall complete and submit Standard Form-LLL, "Disclosure
Form to Report Lobbying, " in accordance with its instructions.
This certification is a material representation of fact upon which reliance
was placed when this Contract was made or entered into. Submission of
this certificate is a prerequisite for making or entering into this Contract
imposed by 31 U.S.C. Section 1352. Any person who fails to file the
required certification shall be subject to a civil penalty of not less than
$10,000.00 and not more than$100,000.00for each such failure.
Developer 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
Developer shall give City immediate notice in writing of any action, including
any proceeding before an administrative Developer, filed against Developer in
conjunction with this Contract, the Required Improvements or the project. Developer
shall furnish immediately to City copies of all pertinent papers received by Developer
with respect to such action or claim. Developer 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 shall be
effective upon receipt when (i) sent by United States mail with proper postage, certified
mail return receipt requested, or by a nationally recognized overnight delivery service;
and (ii) 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
Attention: Paige Mebane
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200 Texas Street
Fort Worth, TX 76102
Telephone: 817-392-7600
Copy to:
Neighborhood Services Department
Attention: Assistant Director
200 Texas Street
Fort Worth, TX 76102
Telephone: 817-392-7540
Copy to:
Neighborhood Services Department
Attention: Project Coordinator
City of Fort Worth
200 Texas Street
Fort Worth, TX 76102
Telephone: 817-392-6125
Developer:
Kathryn Jacob
Chief Executive Officer
SafeHaven of Tarrant County
1100 Hemphill St., #303
Fort Worth, TX 76104
Ph. 817-535-6462
Copy to:
James Askey
Chief Financial Officer
SafeHaven of Tarrant County
1100 Hemphill St., #303
Fort Worth, TX 76104
Ph. 817-535-6462
Copy to:
Stephanie Storey
Chief Operating Officer
SafeHaven of Tarrant County
1100 Hemphill St., #303
Fort Worth, TX 76104
Ph. 817-535-6462
21. DEVELOPER HAS LEGAL AUTHORITY TO ENTER INTO
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CONTRACT.
Developer 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.
[SIGNATURES APPEAR ON NEXT PAGE]
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EXECUTED to be effective as of the Effective Date.
ATTEST: QF.FOF FORT WORTH
U:
Y.
ary Ka it Se taxy ; ndo Postj,Assistant City Manager
••I at 8//7
M&C: G-18793 Date: August 9, AS
Form 1295 Certification: 2016-61456
APPROVED AS TO FORM AND LEGALITY:
c
Paige% Mebane, ssistant ity Attorney
Contract Compliance Manager:
By signing I acknowledge that I am the person responsible
for the monitoring and administration of this contract, including
ens 'ng all lr/ mance and reporting requirements.
R f
A ' Casson, Housing Development and Grants Manager
bigt/ri
]Date
DEVELOPER:
SAFEHAVEN OF TARRANT COUNTY
By:
Kathry ac6b, Chie Executive Officer
Date:
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
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EXHIBITS:
Exhibit"A"—Project Summary and Scope of Work
Exhibit "A 1" 2016 i7ry rrvaineommss
Exhibit"A-2"—Environmental Mitigation Action
Exhibit "B"—Budget
Exhibit"C"—Construction and Reimbursement Schedule
Exhibit "D" —Audit Requirements
Exhibit"E" —Loan Documents
Exhibit "F"—Reimbursement Forms
Exhibit"G" —Documentation of CDBG Requirements
Exhibit "H"—Federal Labor Standards Provisions -Davis-Bacon Requirements
Exhibit"I" —Section 3 Reporting Forms
Exhibit "J" —Standards for Complete Documentation
Exhibit"K" - Services Performed
Exhibit "L"—MBE Reporting Form (HUD2516)
Exhibit"M"—Report of Program Income
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EXHIBIT "A"
PROJECT SUMMARY AND SCOPE OF WORK
SAFEHAVEN OF TARRANT COUNTY
Capitalized terms not defined herein shall have meanings assigned to them in the Contract.
DESCRIPTION:
Developer will use CDBG funds for a portion of the costs of accessibility improvements in two
bathrooms at the SafeHaven domestic violence shelter located in Fort Worth, Tarrant County,
Texas. The National Objective of this project is to serve individuals and families of whom 100%
must meet the HUD definition of a presumed benefit population, of which definition includes
victims of domestic violence who are homeless or at risk of homelessness.
Developer shall notify City if it substantially changes or modifies Program services at the
SafeHaven domestic violence shelter to enable City to determine if such changes affect the
National Objective, the CDBG Requirements, the City vo,,,,:,.emen a, or other requirements of
the CDBG Regulations. Developer further agrees that it will notify City of any other services that
it offers on a regular basis to clients using the SafeHaven domestic violence shelter in order to
determine if such services are eligible for presumed benefit clients using those additional
services and to determine if the additional services can be counted towards the National
Objective, the CDBG Requirements, the City Requirements or other applicable requirements of
the CDBG Regulations.
The SafeHaven domestic violence shelter is located on property known as Lot IR, Block IA,
W.J. Harris Addition. Addresses where Program services are provided cannot be released due to
confidentiality and risks to domestic violence victims. The administrative offices for the
SafeHaven domestic violence shelter are located at 1100 Hemphill Street, Suite 303, Fort Worth,
TX 76104. None of the CDBG Funds provided under this Contract shall be used for any purpose
in any other building owned and operated by Developer as part of SafeHaven of Tarrant County
except in the domestic violence shelter located on property known as Lot 1R, Block IA, W.J.
Harris Addition.
Developer will be entitled to make Reimbursement Requests until 30 days after the Completion
Deadline.
PROJECT OBJECTIVES:
Developer will construct accessibility improvements in two of the bathrooms in the SafeHaven
domestic violence shelter. These improvements will promote overall health and safety benefits to
clients with mobility impairments by providing easy access to all bathrooms in the facility.
SPECIFIC PURPOSE:
The purpose of the project is to update and enhance two of the four bathrooms in the SafeHaven
domestic violence shelter through the construction of accessibility improvements in those
bathrooms. The project will meet the National Objective of serving low to moderate income
persons, specifically victims of domestic violence who are homeless or at risk of homelessness,
which is a presumed benefit population.
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EXHIBIT "A-1"
2017 HUD INCOME LIMITS
SAFEHAVEN OF TARRANT COUNTY
(NOT APPLICABLE)
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EXHIBIT 66A-2"
ENVIRONMENTAL MITIGATION ACTION
SAFEHAVEN OF TARRANT COUNTY
No mitigations are required.
This categorically excluded activity/project converts to EXEMPT per Section 58.34(a)(12), because it
does not require any mitigation for compliance with any listed statutes or authorities, nor requires any
formal permit or license; Funds may be committed and drawn down after certification of this part
for this(now)EXEMPT project
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EXHIBIT "B"
BUDGET
SAFEHAVEN OF TARRANT COUNTY
SOURCES AND USES
Project: Rehabilitation of Two Bathrooms at SafeHaven Domestic Violence Shelter
Source No. Funding Priority Rehab Loan Grant Financing
Description of Lien Stage Amount Amounts Participants
1 CDBG 1st $140,000.00 City of Fort Worth
Loan
2 Other NA Private Grants
Grants and $58,000.00 and Donations
Donations
TOTAL $140,000.00 $58,000.00 TOTAL
SOURCES SOURCES:
OF
FUNDS $198,0000.00
TOTAL $198,000.00
USES OF
FUNDS
CDBG FUNDS BUDGET
Construction Costs for Accessibility $140,000.00
Improvements in Two Bathrooms in
SafeHaven Domestic Violence Shelter
TOTAL $140,000.00
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EXHIBIT "C"
CONSTRUCTION AND REIMBURSEMENT SCHEDULE
SAFEHAVEN OF TARRANT COUNTY
Activity CDBG Funds
PHASE I Costs for Construction of Accessibility
ACTIVITIES Improvements in Two Bathrooms in
SafeHaven Domestic Violence Shelter
PHASE I Contractor/subcontractor/vendor searches $130,000.00
COMPLETED by: under the Federal System for Award
December 1,2017 Management(www.sam.gc ) must be
submitted prior to any reimbursement
under the Phase.
FINAL PAYMENT Final Reimbursement for Costs of
PHASE Construction of Accessibility Improvements
in Two Bathrooms in SafeHaven Domestic
Violence Shelter:
• Contractor/subcontractor/vendor
searches under the Federal System
for Award Management
(www.sam.go j must be submitted
prior to any reimbursement under
this Phase
• Punch List/Final Inspections by
Neighborhood Services Department
Inspectors, if applicable
• Rehabilitation Completed
FINAL PAYMENT Final Reimbursement $10,000.00
PHASE
COMPLETED
by: May 1,2018
TOTAL CDBG $140,000.00
FUNDS
All Reimbursement Requests along with Complete Documentation shall be submitted by
the Developer to City within 60 days from each of the deadlines shown above.
Developer will be entitled to make Reimbursement Requests until 30 days after the
Completion Deadline.
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EXHIBIT "D"
AUDIT REQUIREMENTS
SAFEHAVEN OF TARRANT COUNTY
CITY OF FORT WORTH NEIGHBORHOOD SERVICES DEPARTMENT
AUDIT REQUIREMENTS
Organizations expending $750,000 or more in federal awards (from City of Fort Worth and
other funding sources) during their fiscal years shall obtain either an annual single audit or a
program specific audit. Organizations may have a program specific audit in accordance with
OMB Circular A-133, or other standard set forth in the Contract if applicable, if they
expended funds for only one federal program as listed in the Catalog of Federal Domestic
Assistance ("CFDA"). If funds are spent for more than one federal program, a single audit is
required. The audited time period is the organization's fiscal year, and not the City of Fort
Worth's funding period.
The audit shall be conducted by a certified public accountant ("CPA") that is licensed at the
time of the audit by the appropriate regulatory body. The CPA shall meet all of the general
standards concerning qualifications, independence, due professional care and quality control
as required by Government Auditing Standards, including the requirements for continuing
professional education and external peer reviews. Auditor selection must adhere to federal
procurement requirements.
A separate supplementary schedule of revenues, expenditures and changes in fund
balance for each City of Fort Worth contract is no longer required. The Schedule of
Expenditures of Federal Awards should list City of Fort Worth 's contract numbers, the
total expended for each individual federal program, and the CFDA number (OMB A-133 §
.310).
The independent auditor's report should include all of the relevant items listed on the
"Audit Report Checklist." Additional guidance on the conduct and reporting of these audits is
contained in the latest issuance of the following publications:
Government Auditing Standards issued by the Comptroller General of the United States, 2003
OMB Circular A-133 as revised 6/30/97 and amended June 2003
OMB Circular A-133 Compliance Supplement
AICPA's Statement of Position 98-3, "Audits of States, Local Governments, and Not-for-Profit
Organizations Receiving Federal Awards"
Various AICPA audit guides for nonprofits, colleges and universities and health and welfare
organizations
AICPA's Audit Risk Alert "State and Local Governmental Developments"
Government Auditing Standards by the Texas Department of Housing and Community Affairs for
Properties Receiving Low Income Housing Tax Credits
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All organizations that receive a City of Fort Worth award must submit the provided Audit
Certification Form which certifies whether you are subject to a single/program audit.
Organizations receiving federal awards from the City of Fort Worth who are not required to
have an audit shall certify in writing to the agency. The organization's Chief Executive
Officer or Chief Financial Officer shall make the certification within 60 days of the end of
the organization's fiscal year in the year that the project was completed.
The following items should be submitted to the City of Fort Worth Internal Audit Department
within the required timeframe:
Due 60 days after organization's fiscal year end in the year that the project was completed: (required for
all subrecipients).
Completed Audit Certification Form
Due within the earlier of 30 days after receipt of the auditor's report or nine months after the end of
the audit period.
Two copies of the entire audit report issued by the CPA
Two copies of any management letter issued by the CPA in conjunction with the audit report
Two copies of management's comments on all findings, recommendations, and
questioned costs contained in the audit report and management letter, including
a detailed corrective action plan
Failure to submit any of these items by the required due date may result in holds on
current draw requests, suspension of the organization's contract(s) and eligibility for future
funding.
If the organization does not meet the requirements of having a single/program audit
conducted, records must still be kept available for review or audit by City staff (OMB A-133
Subpart B Sec 200(d).
If additional information is needed concerning the audit requirements, please call (817)
392-6141.
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CITY OF FORT WORTH
NEIGHBORHOOD SERVICES DEPARTMENT
SINGLE AUDIT REPORT CHECKLIST
The Department developed this checklist to help organizations improve the quality and
completeness of audit reports.
❑ General Purpose or Basic Financial Statements of the Organization Opinion/Report on
Organization's Financial Statements in accordance with Government Auditing Standards
❑ Notes to the General Purpose or Basic Financial Statements of the Organization
❑ Opinion/Report on Schedule of Expenditures of Federal and State Awards
❑ All reports are signed and dated by the auditor
❑ Two copies of the audit reports are submitted
❑ Two copies of the management letter, if issued in conjunction with the audit report. Two
copies of comments by management concerning all findings and recommendations
included in management letter, including a corrective action plan.
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CITY OF FORT WORTH NEIGHBORHOOD SERVICES DEPARTMENT
Audit Certification Form
Subrecipient: Fiscal Year Ending:
Month Day Year
❑ We have exceeded the federal expenditure threshold of$750,000. We will have our Single Audit or
Program Specific Audit completed and will submit the audit report within nine(9)months after the end of
the audited fiscal year.
❑ We did not exceed the $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)
Must be filled out if Single Audit or Program Audit is not required:
Federal Expenditure Disclosure
Federal Funds
Pass Through Program Name& Contract
Federal Grantor Grantor CFDA Number Number Expenditures
Total Federal Expenditures for this Fiscal Year $
Printed Name Title(Must be CFO,CEO or equivalent)
Authorized Signature(Must be CFO,CEO or equivalent) Phone Number Date
Failure to submit this or a similar statement or failure to submit a completed single audit package as
described in the audit requirements by the required due date will result in suspension of funding and will
affect eligibility for future funding.
Submit this form to the City of Fort Worth Neighborhood Services Department within 60 days after the end of your fiscalyear.
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EXHIBIT "E"
LOAN DOCUMENTS
SAFEHAVEN OF TARRANT COUNTY
To be added at a later date
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EXHIBIT "F"
REIMBURSEMENT FORMS
SAFEHAVEN OF TARRANT COUNTY
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ATTACHMENT I
INVOICE
Developer: SafeHaven of Tarrant County
1100 Hemphill St.,#303
City,State,Zip: Fort Worth,TX 76140
Project: Construction of Accessibility Improvements in Two Bathrooms
Tax ID NO.:
Amount
This Invoice Cumulative to Date
Developer's Certification: I certify that the costs incurred are valid and consistent with the terms and
conditions of the Contract between City and Developer. By signing this invoice, I certify that to the best of
my knowledge and belief the data included in this report is true and accurate. It is acknowledged that the
provision of false information could leave the certifying official subject to the penalties of federal, state, and
local law.
Signature and Date:
Name:
Title:
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Attachment II
City of Fort Worth
Neighborhood Services Department
Expenditure Worksheet
Agency: SafeHaven of Tarrant County
Program:Construction of Accessibility
Improvements in Two Bathrooms
Check
Line No. No. Date TJ Account Code Amount
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
TOTAL
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EXHIBIT "G"
DOCUMENTATION OF CDBG REQUIREMENTS
SAFEHAVEN OF TARRANT COUNTY
Capitalized terms not defined in this Exhibit shall have meanings assigned to them in the
Contract.
NATIONAL OBJECTIVE:
All clients receiving services in the SafeHaven domestic violence shelter must qualify as victims
of domestic violence who are homeless or at risk of homelessness, a "presumed benefit"
clientele as defined in 24 CFR Part 570.208 (a) (2) (A).
In order to meet the National Objective, Developer will include information on all clients who
receive services at the SafeHaven domestic violence shelter on the attached Unduplicated
Client Data Report — Attachment III and will report this information quarterly in the
aggregate on the Client Summary Report — Attachment IV. Clients will be included on the
report the first time each client is served each year of the Performance Period. Each report must
be signed by an authorized person at the agency.
CDBG REQUIREMENTS:
During Term of Contract:
Developer will use the CDBG Funds to construct accessibility improvements in two bathrooms
at the SafeHaven domestic violence shelter in order to promote overall health and safety benefits
to clients with mobility impairments by providing easy access to all bathrooms in the facility.
Developer will spend CDBG funds on eligible costs of construction of the accessibility
improvements in two bathrooms in the Safehaven domestic violence shelter.
During Term of Performance Period:
In consideration of the CDBG Funds provided through this Contract, Developer agrees to
provide the following information and meet the following requirements for clients served in the
SafeHaven domestic violence shelter:
• Once every quarter submit the signed attached Client Summary Report — Attachment
IV including all clients served. The Client Summary Report includes in aggregate
format information regarding the household income, size, race, ethnicity, gender of head
of household, disability status, and income for all clients served by Developer in the
SafeHaven domestic violence shelter and certifying that clients served by the Developer
in the SafeHaven domestic violence shelter are victims of domestic violence who are
homeless or at risk of homelessness. Clients served once during each year of the
Performance Period shall only be counted the first time they are served when determining
the total count of Unduplicated Clients.
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• Maintain in the Developer's files the Unduplicated Client Data Report - Attachment
III including all clients served. The Unduplicated Client Data Report includes
information for each individual client regarding the household income, size, race,
ethnicity, gender of head of household, disability status, and income for all clients served
by Developer in the SafeHaven domestic violence shelter and certifying that clients
served by the Developer in the SafeHaven domestic violence shelter are victims of
domestic violence who are homeless or at risk of homelessness. Clients served once
during each year of the Performance Period shall only be counted the first time they are
served when determining the total count of Unduplicated Clients.
• Each quarterly report will be due as follows during the Performance Period:
0 1st quarter(October-December) report due January 15
0 2nd quarter (January-March) report due April 15
0 3rd quarter(April-June)report due July 15
0 4th quarter(July-September)report due September 30
• Each report should include Unduplicated Clients served for the quarter and should be
emailed to the Compliance Division of the Neighborhood Services Department. Each
report will be a cumulative report, meaning the 2"d quarter report will contain the clients
served on the Ist quarter; the 3rd quarter report will include clients served in quarters 1
and 2 and so on. A new report will be started October 1 of every year.
• Once every quarter, submit an activity performance report in a format chosen by
Developer. The activity report must include information relevant to the execution of
services/activities that have taken place at the SafeHaven domestic violence shelter, such
as number and nature of services/activities, number of clients served by each
service/activity, and any other relevant information.
• Meet the CDBG Requirements and National Objective as outlined in the Exhibit "G"
o Each Unduplicated Client served will be included on the Unduplicated Client
Data Report individually in detail and on the Client Summary Report in the
aggregate. The report will be verified by Developer's staff.
o Developer's staff must ensure that all Unduplicated Clients are included on the
reports.
• In order to ensure compliance with the CDBG Requirements, Developer's staff must be
provided with a copy of this Contract and a relevant CDBG training manual.
CDBG CONSTRUCTION CONTRACT—EXHIBITS Page 15
SafeHaven of Tarrant County Rev. 6.8.17
SafeHaven Domestic Violence Shelter
Accessibility Improvements in 2 Bathrooms
3,► f
i`
,
3
CCK
fill 11111 11111111 111 . 1
Zvi
-
i�
CDBG CONSTRUCTION CONTRACT—EXHIBITS Page 16
SafeHaven of Tarrant County Rev. 6.8.17
SafeHaven Domestic Violence Shelter
Accessibility Improvements in 2 Bathrooms
Client Summitry Report—Attachment IN`
Developer:SafeHaven of Tarrant County
Program:
Quarter:
Race and Ethnicity Race Hispanic Nou-Hispanic
.American Indian or Alaskan Native
Asian
Black or African American
Native Hawaiian or Other Pacific Islander
White
American Indian or Alaskan Native and White
.Asian and White
Black or African American and White
American Indian or Alaskan Native and Black or African American
Other Multiple Race Combinations
TOTAL.
Age Unduplicated Clients Gender Unduplicated Clients
Male
Under 5
5 to 12 Female
13 to 17 TOTAL
18 to 24
25 to 34 Disabled Unduplicated Clients
35 to 44 Yes
45 to 54 No
55 to 61 TOTAL
62+
TOTAL Fon Worth Unduplicated Clients
Resident
Yes
HH Income Unduplicated Clients No
<300o AMI TOTAL.
31-500o AMI
51-8000 aN 1 FHOH Unduplicated Clients
>W-e AMI Yes
No
TOTAL
This report certifies that all clients listed in this Client Summary Report for quarter are homeless
and fleeing from a domestic violence situation with no other subsequent residence,resources,or support networks
necessary to obtain housing.
Stephanie Storey,Chief Operating Officer
CDBG CONSTRUCTION CONTRACT—EXHIBITS Page 17
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EXHIBIT "H"
FEDERAL LABOR STANDARDS PROVISIONS—DAVIS-BACON
REQUIREMENTS
SAFEHAVEN OF TARRANT COUNTY
Federal Labor Standards Provisions U.S.Department of Horsing
and Urban Development
Office of Labor Relations
Applicability (1) The work .to be performed by the classification
The Project or Program to which the construction work requested is not performed by a classification to the wage
covered by this contract pertains Is being assisted by the determination; and
United States of America and the following Federal Labor (2) The classification is utilized in the area by the
Standards Provisions are included in this Contract construction industry;and
pursuant to the provisions applicable to such Federal (3) The proposed wage rate, including any bona fide
assistance. fringe benefits, bears a reasonable relationship to the
A. 1. (1) Minimum Wages. All laborers and mechanics wage rates contained in the wage determination.
employed or working upon the site of the work,will be paid (b) if the contractor and the laborers and mechanics to be
unconditionally and not leas often than once a week, and employed In the classification (if known), or their
without subsequent deduction or rebate on any account representatives, and HUD or Its designee agree on the
(except such payroll deductions as are permitted by classification and wage rate (including the amount
regulations issued by the Secretary of Labor under the designated for fringe benefits where appropriate), a report
Copeland Act (29 CFR Part 3), the full amount of wages of the action taken shall be sent by HUD or its designee to
and bona fide fringe benefits (or cash equivalents thereof) the Administrator of the Wage and Hour Division,
due at time of payment computed at rates not leas than Employment Standards Administration, U.S. Department of
those contained In the wage determination of the Labor, Washington, D.C. 20210. The Administrator, or an
Secretary of Labor which Is attached hereto and.made a authorized representative, will approve, modify, or
part hereof, regardless of any contractual relationship disapprove every additional classification action within 30
which may be alleged to exist between the contractor and days of receipt and so advise HUD or its designee or will
such laborers and mechanics. Contributions made or notify HUD or its designee within the 30-day period that
costa reasonably anticipated for bona fide fringe benefits additional time is necessary. (Approved by the Office of
under Section 1(b)(2) of the Davis-Bacon Act on behalf of Management and Budget under OMB control number 1215-
laborers or mechanics are considered wages paid to such 0140.)
laborers or mechanics,subject to the provisions of 29 CFR (c) In the event the contractor,the laborers or mechanics
5.5(a)(1)(iv); also, regular contributions made or costs to be employed in the classification or their
Incurred for more than a weekly period (but not less often
an
than quarterly) under plana, funds, or programs, which representatives, and HUD or Its designee not agree
cover the particular weekly period, are deemed to be the proposed classification and wage ratea (including the
amount designated
constructively made or Incurred during such weekly period.- benefits, where appropriate
HUD or its designeee shall
eq rater the questions, 4nciuding
Such laborers and mechanics shall be paid the appropriate the views of all interested parties and the recommendation
wage rate and fringe benefits on the wage determination of HUD or its designee, to the Administrator for
for the classification of work actually performed, without determination. The Administrator, or an authorized
regard to skill, except as provided in 29 CFR 5.5(x)(4). representative,will issue a determination within 30 days of
Laborers or mechanics performing work in more than one receipt and so advise HUD or its designee or will notify
classification may be compensated at the rate specified for HUD or Its designee within the 30-day period that
each classification for the time actually worked therein: additional time Is necessary. (Approved by the Office of
Provided, That the employer's payroll records accurately Management and Budget under OMB Control Number
set forth the time spent In each classification in which 1215-0140.)
work is performed. The wage determination (including any
additional classification and wage rates conformed under p The wage rate (including (rings benefits where
a
29 CFR 5.5(a)(1)(11) and the Davis-Bacon poster (WH- appropriate) determined pursuant to subparagraphs
1321) shall be posted at all times by the contractor and its (1)(11)(b) or (c) of this paragraph, shall be paid to all
subcontractors at the site of the work in a prominent and workers performing work In the classification under this
accessible, place where it can be easily seen by the contract from the first day on which work Is performed in
the classification.
workers.
(11) (a) Any class of laborers or mechanics which is not (111) Whenever the minimum wage rate prescribed in the
listed In the wage determination and which is to be contract for a class of laborers or mechanics includes a
employed under the contract shall be classified in fringe benefit which Is not expressed as an hourly rate,the
conformance with the wage determination. HUD shall contractor shall either pay the benefit as stated In the
approve an additional classification and wage rate and wage determination or shall pay another bona fide fringe
fringe benefits therefor only when the following criteria benefit or an hourly cash equivalent thereof.
have been met: (iv) If the contractor does not make payments to a trustee
or other third person, the contractor may consider as part
tatru►HU04WO(0_2000)
Previous editions are obsolete Page 1 of 5 nit Handbook 1344.1
CDBG CONSTRUCTION CONTRACT—EXHIBITS Page 18
SafeHaven of Tarrant County Rev. 6.8.17
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Accessibility Improvements in 2 Bathrooms
of the wages of any laborer or mechanic the amount of any communicated in writing to the laborers or mechanics
costs reasonably anticipated in providing bona fide fringe affected, and records.which show the costs anticipated or
benefits under a plan or program, Provided, That the the actual cost Incurred In providing such benefits.
Secretary of Labor has found, upon the written request of Contractors employing apprentices or trainees under
the contractor, that the applicable standards of the Davis- approved programs shall maintain written evidence of the
Bacon Act have been met. The Secretary of Labor may registration of apprenticeship programs and certification of
require the contractor to set aside in a separate account trainee programs, the registration of the apprentices and
assets for the meeting of obligations under the plan or trainees, and the ratios and wage rates prescribed in the
program. (Approved by the Office of Management and applicable programs. (Approved by the Office of
Budget under OMB Control Number 1215-0140.) Management and Budget under OMB Control Numbers
2. Withholding. HUD or its designee shall upon its own 1215-0140 and 1215-0017.)
action or upon written request . of an authorized (ii) (a) The contractor shall submit weekly for each week
representative of the Department of Labor withhold or in which any contract work is performed a copy of all
cause to be withheld from the contractor under this payrolls.to HUD or Its designee if the agency Is a party to
contract or any other Federal contract with the same prime the contract, but N the agency is not such a party, the
contractor, or any other Federally-assisted contract contractor will submit the payrolls to the applicant
subject to Davis-Bacon prevailing wage requirements, sponsor,or owner, as the case may be,for transmission to
which is held by the same prime contractor so much of the HUD or its designee. The payrolls submitted shall set out
accrued payments or advances as may be considered accurately and completely all of the information required
necessary to pay laborers and mechanics, including to be maintained under 29 CFR 5.5(a)(3)(1)except that full
apprentices, trainees and helpers, employed by the social security numbers and home addresses shall not be
contractor or any subcontractor the full amount of wages included on weekly transmittals. Instead the payrolls shall
required by the contract In the event of failure to pay any only need to include an individually Identifying number for
laborer or mechanic, including any apprentice, trainee or each employee(e.g., the last four digits of the employee's
helper, employed or working on the site of the work, all or social security number). The required weekly payroll
part of the wages required by the contract, HUD or its information may be. submitted In any form desired.
designee may, after written notice to the contractor, Optional Form WH-347 is available for this purpose from
sponsor, applicant, or owner, take such action as may be the Wage " and Hour Division Web site at
necessary to cause the suspension of any further httn://www.dol.vov/esa/whd/forms/wh347/nstr.htm or its
payment, advance, or guarantee of funds until such successor site. The prime contractor is responsible for
violations have ceased. HUD or its designee may, after the submission of copies of payrolls by all subcontractors.
written notice to the contractor, disburse such amounts Contractors and subcontractors shall maintain the full
withheld for and on account of the .contractor or social security number and current address of each
subcontractor to the respective employees to whom they covered worker, and shall provide them upon request to
are due. The Comptroller General shall make such HUD or its designee if the agency is a party to the
disbursements in the case of direct Davis-Bacon Act contract, but if the agency is not such a party, the
contracts. contractor will submit the payrolls to the applicant
3. (1) Payrolls and basic records. Payrolls and basic sponsor,or owner, as the case may be,for transmission to
records relating thereto shall be maintained by the HUD or its designee, the contractor,or the Wage and Hour
contractor during the course of the work preserved for a Division of the Department of Labor for purposes of an
period of three years thereafter for all laborers and Investigation or audit of compliance with prevailing wage
mechanics working at the site of the work. Such records requirements. It is not a violation of this subparagraph for
shall contain the name, address, and social security a prime contractor to require a subcontractor to provide
number of each such worker, his or her correct addresses and social security numbers to the prime
classification, hourly rates of wages paid (including rates contractor for its own records, without weekly submission
of contributions or costs anticipated for bona fide fringe to HUD or its designee. (Approved by the Office of
benefits or cash equivalents thereof of the types described Management and Budget under OMB Control Number
in Section 1(b)(2)(B) of the Davis-bacon Act), daily and 1215-0149.)
weekly number of hours worked, deductions made and (b) Each payroll submitted shall be accompanied by a
actual wages paid. Whenever the Secretary of Labor has `Statement of Compliance,' signed by the contractor or-
found under 29 CFR 5.5 (s)(1)(1v) that the wages of any subcontractor or his or her agent who pays or supervises
laborer or mechanic include the amount of any costs the payment of the persons employed under the contract
reasonably anticipated in providing benefits under a plan and shall certify the following:
or program described in Section l(b)(2)(B) of the Davis- (1) That the payroll for the payroll period contains the
Bacon Act, the contractor shall maintain records which information required to be provided under 29 CFR 5.5
show that the commitment to provide such benefits is (a)(3)(11), the appropriate information is being maintained
enforceable, that the plan or program is financially under 29 CFR 5.5(a)(3)(l), and that such information is
responsible, and that the plan or program has been correct and complete;
Previous editions are obsolete form HUD-me(08/2009)
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(2) That each laborer or mechanic(including each helper, is not registered or otherwise employed as stated above,
apprentice, and trainee) employed on the contract during shall be paid not less than the applicable wage rate on the
the payroll period has been paid the full weekly wages wage determination for the classification of work actually
earned, without rebate, either directly or indirectly, and performed. In addition, any apprentice performing work on
that no deductions have been made either directly or the job site in excess of the ratio permitted under the
Indirectly from the full wages earned, other than registered program shall be paid not less then the
permissible deductions as set forth in 29 CFR Part 3; applicable wage rate on the wage determination for the
(3)`That each laborer or mechanic has been paid not less work actually performed. Where a contractor is performing
than the applicable wage rates and fringe benefits or cash construction on a project In a locality other than that in
equivalents for the classification of work performed, as which Its program Is registered, the ratios and wage rates
specified in the applicable wage determination (expressed in percentages of the journeyman's hourly
incorporated Into the contract. rate) specified in the contractor's or subcontractor's
(c) The weekly submission of a properly executed registered program shall be observed. Every apprentice
certification set forth on the reverse side of Optlonai,Form must be paid at not less than the rate specified in the
WH-347 shall satisfy the requirement for submission of the registered program for the apprentice's level of progress,
'Statement of Compliance' required by subparagraph expressed as a percentage of the journeymen hourly rate
'Statement
specified in the applicable wage determination.
Apprentices shall be paid fringe benefits In accordance
(d) The falsification of any of the above certifications may with the provisions of the apprenticeship program. If the
subject the contractor or subcontractor to civil or criminal apprenticeship program does not specify fringe benefits,
prosecution under Section 1001 of Title 18 and Section apprentices must be peid.the full amount of fringe benefits
231 of Title 31 of the United States Code. listed on the wage determination for the applicable
(Ili) The contractor or subcontractor shall make the classification, if .the Administrator determines that a
records required under subparagraph A.3.(i) available for different practice prevails for the applicable apprentice
Inspection, copying, or transcription by authorized classification,fringes shall be paid in accordance with that
representatives of HUD or Its designee or the Department determination. In the event the Office of Apprenticeship
of Labor, and shall permit such representatives to Training, Employer and Labor Services, or a State
Interview employees during working hours on the job. If Apprenticeship Agency recognized by the Office,
the contractor or subcontractor falls to submit the required withdraws approval of an apprenticeship program, the
records or to make them available, HUD or its designee contractor will no longer be permitted to utilize
may, after written notice to .the contractor, sponsor, apprentices at less than the applicable predetermined rate
applicant or owner, take such action as may be necessary for the work performed until an acceptable program is
to cause the suspension of any further payment, advance, approved.
or guarantee of funds. Furthermore, failure to submit the (Il) Trainees. Except as provided in 29 CFR 5.16,
required records upon request or to make such records trainees will not be permitted to work at less than the
available may be grounds for debarment action pursuant to predetermined rate for the work performed unless they are
29 CFR 5.12. employed pursuant %to and Individually registered in a
4. Apprentices and Trainees. program which has received prior approval, evidenced by
(1) Apprentices. Apprentices will be permitted to work at formal certification by the U.S. Department of Labor,
less than the predetermined rate for the work they Employment and Training Administration. The iatio of
performed when they are employed pursuant to and trainees to journeymen on the job site shall not be greater
Individually registered In a bona fide apprenticeship than permitted under the plan approved by the
program registered with the U.S. Department of Labor, Employment and Training Administration. Every trainee
Employment and Training Administration, Office of must be paid at not less than the rate specified in the
Apprenticeship Training, Employer and Labor Services, or approved program for the trainee's level of progress,
with a State Apprenticeship Agency recognized by the expressed as a percentage of the journeyman hourly rate
Office, or if a person Is employed in his or her first 90 specified In the applicable wage determination. Trainees
days of probationary employment as an apprentice In such shall be paid fringe benefits in accordance with the
an apprenticeship program, who is not individually provisions of the trainee program. if the trainee program
registered In the program, but who has been certified by does not mention fringe benefits, trainees shall be paid
the Office of Apprenticeship Training, Employer and Labor the full amount of fringe benefits listed on the wage
Services or a State Apprenticeship Agency (where determination unless the Administrator of the Wage and
appropriate) to be eligible for probationery'employment as Hour Division determines that there Is an apprenticeship
an apprentice. The allowable ratio of apprentices to program associated with the corresponding journeyman
journeymen on the job site in any craft classification shall wage rate on the wage determination which provides for
not be greater than the ratio permitted to the contractor as less then full fringe benefits for apprentices. Any
to the entire work force under the registered program. Any employee listed on the payroll at a trainee rate who is not
worker listed on a payroll at an apprentice wage rate,who registered and participating in a training plan approved by
Previous editions are obsolete bfm MM-400(0612009)
Page 3 of 5 W.Handbook 1344.1
CDBG CONSTRUCTION CONTRACT—EXHIBITS Page 20
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the Employment and Training Administration shall be paid awarded HUD contracts or participate in HUD programs
not less then the applicable wage rate on the wage pursuant to 24 CFR Part 24,
determination for the work actually performed. In addition, (11) No part of this contract shall be subcontracted to any
any trainee performing work on the job site in excess of person or firm ineligible for award of a Government
the ratio permitted under the registered program shall be contract by virtue of Section 3(a) of the Davis-Bacon Act
paid not less than the applicable wage rate on the wage or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or
determination for the work actually performed. in the. participate in HUD pfograms pursuant to 24 CFR Part 24_
event the Employment and Training Administration
withdraws approval of a training program, the contractor (111) The penalty for making false statements is prescribed
in the U.S. Criminal Code, 18 U.S.C.
will no longer be permitted to utilize trainees at less than
the applicable predetermined rate for the work performed U.S. Criminal Code,.Section 1 01 0,. Additionally,
Title 18, U.S.C.,
itl
until an acceptable program is approved. 'Federal Housing Administration transactions', provides in
part: 'Whoever,for the purpose of. . . influencing in any
(ill) Equal employment opportunity. The utilization of way the action of such Administration..... makes, utters or
apprentices,trainees and journeymen under 29 CFR Part 5 publishes any statement knowing the same to be false.....
shall be in conformity with the equal employment shall be fined not more than $5,000 or imprisoned not
opportunity requirements of Executive Order 11246, as more than two years, or both.'
amended,and 29 CFR Part 30.
11. Complaints, Proceedings, or Testimony by
5. Compliance with Copeland Act requirements. The Employees. No laborer or mechanic to whom the wage,
contractor shall comply with the requirements of 29 CFR salary,or other labor standards provisions of this Contract
Part 3 which are incorporated by reference in this contract are applicable shall be discharged or in any other manner
6. Subcontracts. The contractor or subcontractor will discriminated against by the Contractor or any
Insert In any subcontracts the clauses contained In subcontractor because such employee has filed any
subparagraphs 1 through 11 in this paragraph A and such complaint or instituted or caused to be instituted any
other clauses as HUD or Its designee may by appropriate proceeding or has testified or Is about to testify in any
Instructions require, and a copy of the applicable proceeding under or relating to the labor standards
prevailing wage decision, and also a clause requiring the applicable under this Contract to his employer,
subcontractors to Include these clauses in any lower tier B. Contract Work Hours and Safety Standards Act The
subcontracts. The prime contractor shall be responsible provisions of this paragraph B are applicable where the amount of the
for the compliance by any subcontractor or lower tier prime contract exceeds$100,000. As used In this paragraph, the
subcontractor with all the contract clauses in this terms'laborers"and'mechanics'Incl uda watchmen and guards.
paragraph.
(1) Overtime requirements. No contractor or subcontractor
T. Contract termination; debarment. A breach of the contracting for any part of the contract work which may require or
contract clauses in 29 CFR 5.5 may be grounds for Involve the employment of laborers or mechanics shall require or
termination of the contract and for debarment as a permit any such laborer or mechanic in any workweek In which the
contractor and a subcontractor as provided €n 29 CFR individual Is employed on such work to work In excess of 40 hours in
5.12. such workweek unless such laborer or mechanic receives
8. Compliance witty Davis-Bacon and Related Act Requirements. compensation at a rate not less than one and one-half times the basic
All rulings and interpretations of the Davis-Bacon and rate of pay for as hours worked in excess of 40 hours In such
Related Acts contained in 29 CFR Parts 1, 3, and 5 are workweek.
herein incorporated by reference in this contract (2) Violation; liability for unpaid wages; liquidated
9. Disputes concerning labor standards. Disputes damages. In the event of any violation of the clause set
arising out of the labor standards provisions of this forth in subparagraph (1) of this paragraph, the contractor
contract shall not be subject to the general disputes and any subcontractor responsible therefor shall be liable
clause of this contract. Such disputes shall be resolved In for the unpaid wages. In addition, such contractor and
accordance with the procedures of the Department of subcontractor shall be liable to the United States (in the
Labor set forth in 29. CFR Parts 5, 6, and 7. Disputes case of work done under contract for the District of
within the meaning of this clause include disputes between Columbia or a territory, to such District or to such
the contractor (or any of its subcontractors) and HUD or territory), for liquidated damages. Such liquidated
its designee, the U.S. Department of Labor, or the damages shall be computed with respect to each Individual
employees or their representatives. laborer or mechanic, Including watchmen and guards,
10. (1) Certification of Eligibility. By entering into this employed in violation of the clause set forth In
contract the contractor certifies that neither it (nor he or subparagraph (1)of this paragraph, In the sum of 310 for each
she) nor any person or firm who has an Interest In the calendar day on which such individual was required or permitted to
contractor's firm is a person or firm ineligible to be work in excess of the standard workweek of 40 hours without payment
awarded Government contracts by virtue of Section 3(a) of of the overtime wages required by the clause set forth In sub
the David-Bacon Act or 29 CFR 5.12(a)(1) or to be paragraph(1) of this paragraph.
Previous editions are obsolete torn HUD4010(06/21)00)
Page 4 of 5 ref.Handbook 1344.1
CDBG CONSTRUCTION CONTRACT—EXHIBITS Page 21
SafeHaven of Tarrant County Rev. 6.8.17
SafeHaven Domestic Violence Shelter
Accessibility Improvements in 2 Bathrooms
(3) Withholding for unpaid wages and liquidated
damages. HUD or Its designee shall upon Its own action
or upon written request of an authorized.representative of
the Department of Labor withhold or cause to be withheld,
from any moneys payable on account of work performed by
the contractor or subcontractor under any such contract or
any other Federal contract with the same prime contract,
or any other Federally-assisted contract subject to the
Contract Work Hours and Safety Standards Act which Is
held by the some prime contractor such sums as may be
determined to be necessary to satisfy any liabilities of
such contractor or subcontractor for unpaid wages and
liquidated damages as provided in the clause set forth in
subparagraph(2)of this paragraph.
(4) Subcontracts. The contractor or subcontractor shall
Insert in any subcontracts the clauses set forth in
subparagraph (1)through (4) of this paragraph and also a
clause requiring the subcontractors to include these
clauses in any lower tier subcontracts. The prime
contractor shall be responsible for compliance by any
subcontractor or lower tier subcontractor with the clauses
set forth in subparagraphs (1) through (4) of this
paragraph.
C. Health and Safety. The provisions of this paragraph C are
applicable where the amount of the prime contract exceeds$100,000.
(1) No laborer or mechanic shall be required to work in
surroundings or under working conditions which are
unsanitary, hazardous, or dangerous to his health and
safety as determined under construction safety and health
standards promulgated by the Secretary of Labor by
regulation.
(2) The Contractor shall comply with all reguietlons
Issued by the Secretary of Labor pursuant to Title 29 Part
1926 and failure to comply may result In imposition of
sanctions pursuant to the Contract Work Hours and Safety
Standards Act, (Public Law 91-54, 83 Stat 96). 40 USC
3701 at-sea.
(3) The contractor shall include the provisions of this
paragraph In every subcontract so that such provisions will
be binding on each subcontractor. The contractor shall
take such action with respect to any subcontractor as the
Secretary of Housing and Urban Development or the
Secretary of Labor shall direct as a means of enforcing
such provisions.
Previous aditlons are obsolete form HtJ M010(06120Qm)
Page 5 of S ref,Handbook 1344.1
CDBG CONSTRUCTION CONTRACT—EXHIBITS Paae 22
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EXHIBIT "I"
SECTION 3 REPORTING FORMS
SAFEHAVEN OF TARRANT COUNTY
CDBG CONSTRUCTION CONTRACT — EXHIBITS Page 23
SafeHaven of Tarrant County Rev. 6.8.17
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Section 3 Summary Report U.S. Deparanent of Housing
OMB Approval No: 2520-0043
Economic Opportuni6&s for and Urban Development
(exp. 11130/2010)
Low— and Very Low-income Persons Office of Fair Housing
And Equal Opportunity
MW
'��
Section back of page Our Pub4 Rep ng Burden stabrasa
1 Recyenl None A Address. (steel, city, stale.. ap)
12 Fedend Idurafralnn. (gar no)
3. Total Aunotwa of Awad.
1 ♦Cagan Pason
15 Phone (Include —de)
5—La—at o crag --- - —
T Repor" Period—
--
8. Dale Report Sudnaled
9 "re"Code else s"a ace skirt
10 P.Wg Name
for each program code)
Part 1: Emplovment and Trainina (" Colurrrts B, C and F ar mandasxy fields. Indude New Hires in E &F)
A B D
E
F
Nuen M of Nnbe of New %of Agilregale Nrndw
%d Total Stan Roos
Number of Secs on 3
Job Gelegory New FYrcs Vies /Ia ae of Sid Hours of New Vies
for Section 3 Engilo(aes
Traces
Sec. 3 Rusdeti OW ae Sec 3 Reviler:
ad Traces
Prolessiorwill
Tedlnicians
Construction by Trade (List)
Trade
Trade
Trade
Trade
Trade
Other Wet)
Total
' Program Codes
3 = R"O dian HM+S
1= Nareless Assistance 8 = CDBG Slate PdnrasleuM
1 = Fleobb Subsidy
A = Derebpmemt,
5 = HOME g = other CD pmgm as
2 = Section 202r811
B = Coerahon
e = HOME Stage, 10 O = dra Haeilg Ptegrams
ff M
CModernization
r = CDBG Eneeenea
Pap 1 012
CDBG CONSTRUCTION CONTRACT — EXHIBITS
SafeHaven of Tarrant County
SafeHaven Domestic Violence Shelter
Accessibility Improvements in 2 Bathrooms
lam HUD 60002 (erzoou
Ref 2/ CFR 135
Page 24
Rev. 6.8.17
Part II: Contracts Awarded
1. Construction Contracts:
& Total dollar amount of all contracts asv rtfed on Cw Wood
S. Total dollar amount of contracts awarded to Section 3 businesses
C. Percentage of the total dollar amount that'was evaded to Section 3 businesses
D. Total number of Section 3 businesses receiving contracts
2. Nat-Comtrtu:tion Contracts:
A Total dollar amount all non-corntructlon contracts &warded on the PMIKVmay
B. Tom dollar amount of non -construction contracts an°aded to Section 3 businesses
C. Percentage of the oW dollar amouri Mtat kiss warded to Section 3 businesses '%
D. Total mar bar of Section 3 businesses reca vi ng non•codstrtKtlon contracts
Part III: Summary
Indicate the efforts made to direct the employment and other economic opportunities generated by HUD financial assistance for housing
and community development programs, to the greatest extent feasible. toward low -and very tow4ntwrne persons, particularly those who
are recipients of government assistance for housing. (Check all that apply.)
_ Attempted to recruit tow4ncome residents through: local advertising media, signs prominently displayed at the pfojed site,
contracts with the community organizations and public or private agencies operating within the metropolitan area (or
nonmetropolitan county) in which the Section 3 covered program or project is located, or similar methods.
_ Participated in a HUD program or other program which promotes the training or employment of Section 3 residents.
_ Participated in a HUD program or other program which promotes the award of contracts to business concerns which meet the
definition of Section 3 business concerns.
_ Coordinated with Youthbuild Programs administered in the metropolitan area in which the Section 3 covered project is located.
Other: describe below.
Public reporting for this collection of information is estimated to average 2 hours per response, including the time for reviewing instructions,
searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information.
This agency may not collect this information, and you are not required to complete this form, unless it displays a currently valid OMB
number.
Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 u, mandates that the Department ensures that
employment and other economic opportunities generated by its horsing and community development assistance programs are directed
toward low- and very -low income persons, particularly those who are recipients of government assistance housing. The regulations are
found at 24 CFR Part 135. The information will be used by the Department to monitor program recipients' compliance with Section 3, to
assess the results of the Department's efforts to meet the statutory objectives of Section 3, to prepare reports to Congress, and by
recipients as self -monitoring tool. The data is entered into a database and will be analyzed and distributed. The collection of information
involves recipients receiving Federal financial assistance for housing and community development programs covered by Section 3. The
information will be collected annually to assist HUD in meeting its reporting requirements under Section 808(e)(6) of the Fair Housing Act
and Section 916 of the HCDA of 1992. An assurance of confidentiality is not applicable to this form. The Privacy Act of 1974 and OMB
Circular A-108 are not applicable. The reporting requirements do not contain sensitive questions. Data is cumulative: personal identifying
information is not included.
Paw 2 t2 tam HUD GCOM(1 IWO)
Red 24 CFR 136
CDBG CONSTRUCTION CONTRACT — EXHIBITS Page 25
SafeHaven of Tarrant County Rev. 6.8.17
SafeHaven Domestic Violence Shelter
Accessibility Improvements in 2 Bathrooms
Farm HUD-80002. Section 3 Summary Report, Economic Opportunities for Low- and Very Low -Income Persons.
Instructions: This form is to be used to report annual
accomplishment regarding smpbymsnt and other economic
opportunities proves to lea` and very kr*4xo re persons under
Section 3 of to Housing and Urban Development Ad of 1968. The
Section 3 regutedans apply to arty public and Inallan houslrg
programs rat receive: (I I devafopnlend assistance pursuant to
Section 5 of Ore U.S. Housing Act of 1937: (2) operating assistance
pursuant to Section 9 of to U.S, Housing Ad of 1937: or (3)
wgrants pursuant to Section 14 of tiro U.S. Housing Ad
of 1937 and to recipients of housing and community developrrrant
assistance in excess of $200,000 experWed for. (1) housing
rehabilitation (Including reduction and abatement of lead -based paved
hazards): (21 housing construction: or (3) other public construction
project: and to contracts and subcontracts In excess of $100,000
awarded In COis OCIlli with the activity.
Form HUD-60002 has three pensw9rth are to be campNted for
all programs covered by Section 3. Part I resales to employment
and Venting. The recipient has the option to determine numerical
enployme ntValr ig goals either on the basis of the number of hours
worked by new hires (columns B, D, E and F). Pan II of the form
relates to contracting, and Pan ill summarizes recipants' efforts to
compty,.c41i Section 3.
Recipients or contractors subod to Section 3 requrements must
maintain appropriate documentation to establish that HUD financial
assistance for housing and comniurrty development programs were
directed toward law- and very low-income persons.* A recipient of
Section 3 covered assistance shall submit one copy of this report to
HUD HoadqueAers, Office of Fair Housing and Equal Opportunity.
Whom On program providing assistance rec utres an arrwal
performance report this Section 3 report is to be submitted at the
same time fife program performance report is submitted. Where an
annual performance report is not required, this Section 3 report Is to be
submitted by January 10 and. O the project ends before December 31.
within 10 days of project completion. Only Prime Recipients are
rag[~ to report to HUD. Trio report must include
accomplishments of all recipients and their Section 3 covered
contractors and subcontractors.
HUD Field Office: Enter the Field Office name
I , Recipient: Enter the name and address or the redplent
submitting this report.
Z Federal identification: Enter the number that appears on ime
award farts (with dashes). The awed may be a grant,
cooperative agreement or contract.
3. Dollar Amount of Awed: Ender the dollar amount, rounded to the
nearest dollar. received by the recipient
4 & S. Contact PersoNPhone: Enter the name and telephone number
of the person with knowedge of the award and the reeiplend's
implementation of Section 3.
6. Reporting Period: Indicate the time period (m ordhs and yew)
this report covers.
7, Date Report Submitted: Enter the appropriate date.
Submit one -i1) copy of this report 10 the HUD Headquarters Office of
Fair Hawing and Equal Opportunity, at the same time the
performance report is submitted to the program office. The Section 3
report Is submitted by January 10. Include only contracts executed
during the period specified in item 8. PHAsnHAs are to report all
corbactsrsubcontracts.
;' The terms low -Income persons" and very lo—Incona porons' have
Ore sane meanings given the term in section 3 (b) (2) of the United
Stales Homing Act of 1937. Low-income persons mean Mmiiiers
(Including sin" persons) whose incomes do not exceed 80 percent of
Ore median income for the area, as determined by the Secretary, wAthl
adjustment for smaller and larger families, except that
Pagel
8. Program Code: Enter the appropriate program code as listed at
to bottom of Ors page.
9, Program None: Enter the memo of HUD Program
with the "Program Code' In number 8.
Pat 1. Fmployment and Training Opportunities
CuHurin A: Contains various job categories. Professionals are
defined as people who have special knowledge of an occupation (Le.
strparte architectssurveyors. planners. anal computer
programmers). For construction positions. list each trade and provide
data in columns B trough F for each trade when poisons were
ertployed. The category of -Other Includes occupations such as
service-orksm-
Column B: (Mandatory Fteld) Enter the number of now hires Tor
each category of workers identified in Column A In conrrtllon ww it h
this anerd. New ten refers to a person wtici Is not on Ore contractors
or recplears payroll for employment at the time of selection for to
Section 3 covered award or at the time of receipt of Section 3 covered
assistance.
Crum C: (Mandatory Field) Enter the number of Section 3 new
hires for each category of workers tdentised In Column A in
connection wOr this award. Section 3 new ten refers to a Section 3
resident wlw is not on the contractor's or racpiem's paynoO for
employment at the time of selectlort for the Section 3 covered award or
at the lima of receipt of Section 3 covered assistance.
Cohan D: Enter the percentage of ere the staff hours of new hires
(Section 3 residents) te connection with this award.
Cohan !: Enter the pecerage of tie total staff hours worked for
Section 3 employees and trainees (Including now hies) connected
AM this award. Include staff hours for part-time acl fulFtkne
positions -
Column F: (Mandatory datory Field) Enter the number of Section 3
residents that were trained In connection with this awed.
Part II: Contract Opportunities
Block 1: Construction Contracts
Poem A: Ender Oro total dollar amount of all contracts awarded on to
Poem B: Elder the total dollar amount of contracts connected with this
project1progrom that were awarded to Section 3 businesses.
Item C: Enter the percentage of the total dollar amount of contacts
connected with this projec6'prcgrem avoided to Section 3 businesses.
Item D: Enter the number of Section 3 businesses receiving awards.
Block 2: Non -Construction Contracts
Clem A: Enter the total dollar amount of ali contracts awarded on the
project program.
item B: Ender the total dollar amour of contracts connected with this
project awarded to Section 3 businesses.
Item C: Enter the percentage of the total dollar amount of contracts
connected with this project/program awarded to Section 3 businesses.
Poem D: Enter to number of Section 3 businesses receiving awards.
Part ffl: Summary of Efforts — Set -explanatory
The Secretary may establish income ceilings higher or lower than 80 percent
of the median far the area on Ore basis of the Secretary's fntllngs such that
vanatiexa are necessary became of prevailing levels of construction casts
or unusually highh• or low4morre families. Very lowdreane parsons mean
low ircane families (including "al poisons) *Me incomes do not
exceed 50 percent of the nedlarh family intone area, as determined by the
Secretary with aqustrrents or smaller and larger families, except that the
Secretary may establish income ceilings higher or lower than 50 percent of
to median for the area on the basis of the Secretary's *dings that such
mwbms are necessary became of unusually No or low, tartly incomes.
CDBG CONSTRUCTION CONTRACT — EXHIBITS
SafeHaven of Tarrant County
SafeHaven Domestic Violence Shelter
Accessibility Improvements in 2 Bathrooms
tam HUD 60002 (I 1rt010)
RN 24 (21` :
Page 26
Rev. 6.8.17
EXHIBIT "J"
STANDARDS FOR COMPLETE DOCUMENTATION
SAFEHAVEN OF TARRANT COUNTY
FORT WORTH
Standard of Documentation for Reimbursement of Development Costs
Cost Type Documentation Standard
Acquisition of Real Property • Notice to Seller (date must be on or before the date of options agreement
or sales contract and signed by the buyer and seller)
• Recorded Deed of Trust
• Purchase Agreement w/ Required HUD language
• Master Settlement Statement / HUD-1
• Appraisal or other document used to determine purchase price
• Proof of Payment (bank statement/cancelled check)
• Verification of Vacant Status (as applicable)
Pre -development and Soft - Invoice
Costs (Architect, Engineer, - Invoice should include:
Landscape Design, Surveys, date;
Appraisals, Environmental, Legal company's letterhead;
Fees, Other Consultants, Etc.) address for which service is provided;
description of service(s) and item(s);
amount for itemized services; and
total amount
• Proof of Payment (ie. bank statement or cancelled check)
• Fully executed contract/service agreements/letter agreement and
applicable amendments
- Provide printout from www.sam.gov verifying
contractor/subcontractor is not listed on the debarred and
suspension list
• If only a portion is being paid with City funds, then show calculation and
documentation of how costs are allocated.
Construction Costs (Contractors & invoice
Subcontractors) - Invoice should include:
date;
company's letterhead;
address for which service is provided;
description of service(s) and item(s);
amount for itemized services; and
total amount
Proof of Payment (i.e. bank statement or cancelled check)
Copy of applicable inspection report(s) conducted by HED Inspector
Copy of executed agreements
- Provide printout from www.sam.govverifying
contractor/subcontractors are not listed on the debarred and
suspension list
Neighborhood Services
FINAL as of 4/26/2016 Page 1
CDBG CONSTRUCTION CONTRACT — EXHIBITS Page 27
SafeHaven of Tarrant County Rev. 6.8.17
SafeHaven Domestic Violence Shelter
Accessibility Improvements in 2 Bathrooms
FORT WORTH
Standard of Documentation for Reimbursement of Development Costs
Construction Costs (Contractors & • If only a portion is being paid with City funds, then show calculation of
Subcontractors) how costs are allocated.
(continued) • For payment of final retainage for the prime contractor, lien waivers for
the prime and all subcontractors.
List of subcontractors
Materials Purchased Directly by Invoice
Developer (if applicable) - Invoice should include:
date;
company's letterhead;
address where materials will be used;
description of service(s) and item(s);
cost by quantity; and
total amount
• Proof of Payment (i.e. bank statement or cancelled check)
• Verification of Delivery
Developer Fee • Final Invoice Reflecting Total Development Cost
(if paid directly from HOME funds) • Proof of payment for any other entity/funding source contributing to
development costs.
• Show calculation of agreed upon developer fee percentage
• Copies of final lien releases from contractor/subcontractor
• Complete Documentation income eligibility of buyers/renters (i.e. income
does for eligible home buyer/tena nts, sales contract between
developer/homebuyer, HAP Deed of Trust w/ required affordability period
language, etc.)
• Lease documents
• Final inspections of completed units
Neighborhood Services
FINAL as of 4/26/2016 Page 2
CDBG CONSTRUCTION CONTRACT — EXHIBITS Page 28
SafeHaven of Tarrant County Rev. 6.8.17
SafeHaven Domestic Violence Shelter
Accessibility Improvements in 2 Bathrooms
EXHIBIT "K"
SERVICES PERFORMED
SAFEHAVEN OF TARRANT COUNTY.
SERVICES TO BE PROVIDED BY DEVELOPER AT THE SAFEHAVEN DOMESTIC
VIOLENCE SHELTER:
Developer will provide the following services during the Performance Period: emergency shelter
services to victims of domestic violence who are homeless or at risk of homelessness, a
"presumed benefit" clientele as defined in 24 CFR Part 570.208 (a) (2) (A).
Developer shall notify City if it substantially changes or modifies its Program services at the
SafeHaven domestic violence shelter to enable City to determine if such changes affect the
National Objective, the CDBG Requirements or other requirements of the CDBG Regulations.
Developer further agrees that it will notify City of any other services that it offers on a regular
basis to clients at the SafeHaven domestic violence shelter in order to determine if such
services are eligible for presumed benefit clients using those additional services and to
determine if the additional services can be counted towards the National Objective, the CDBG
Requirements, the City Requiiemenor other applicable requirements of the CDBG
Regulations.
Developer agrees to provide to City on request any reports, audits or similar documents that it
has received during the Performance Period from any state or federal agency having regulatory
authority over the Program or any other services offered by Developer in the SafeHaven
domestic violence shelter.
CDBG CONSTRUCTION CONTRACT — EXHIBITS Page 29
SafeHaven of Tarrant County Rev. 6.8.17
SafeHaven Domestic Violence Shelter
Accessibility Improvements in 2 Bathrooms
EXHIBIT "L"
MBE REPORTING FORM (HUD2516)
SAFEHAVEN OF TARRANT COUNTY
Excel Spreadsheet to be provided.
CDBG CONSTRUCTION CONTRACT — EXHIBITS Page 30
SafeHaven of Tarrant County Rev. 6.8.17
SafeHaven Domestic Violence Shelter
Accessibility Improvements in 2 Bathrooms
b
6 R
t
m
CDBG CONSTRUCTION CONTRACT — EXHIBITS
SafeHaven of Tarrant County
SafeHaven Domestic Violence Shelter
Accessibility Improvements in 2 Bathrooms
Page 31
Rev. 6.8.17
EXHIBIT "M"
REPORT OF PROGRAM INCOME
SAFEHAVEN OF TARRANT COUNTY
CDBG CONSTRUCTION CONTRACT — EXHIBITS Page 32
SafeHaven of Tarrant County Rev. 6.8.17
SafeHaven Domestic Violence Shelter
Accessibility Improvements in 2 Bathrooms
Report of Program Income
Program Income- Income generated from the use of the building must be reported yearly to the City of fort Worth.
Please indicate the date the income was received, the source of the income (i.e.-rental fee for outside organization event, sales from
vending machines, cost for services provided in the building, etc..)
Date Source of Income Amount
CDBG CONSTRUCTION CONTRACT — EXHIBITS Page 33
SafeHaven of Tarrant County Rev. 6.8.17
SafeHaven Domestic Violence Shelter
Accessibility Improvements in 2 Bathrooms
CERTIFICATE OF INTERESTED PARTIES
Complete Nos. 1- 4 and 6 if there are interested parties.
Complete Nos,1. 2, 3, 5, and 6 if there are no Interested parties.
1 Name of business entity filing form, and the city, state and country of the business entity's place
of business.
SafeHaven of Tarrant County
Fort Worth, TX United States
2 Name of governmental entity or state agency that Is a party to the contract for which the form is
being filed.
FORM 1295
loft
i OFFICE USE ONLY
CERTIFICATION OF FILING
Certificate Number:
2016-74172
Date Filed:
06/21/2016
City of Fort Worth Date ckn wledge
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
Emergency Shelter Grant 16-17
Emergency Shelter Services for Victims of Domestic Violence In the City of Fort Worth
4
Name of Interested Party
5 Check only if there is NO Interested Party.
6 AFFIDAVIT
n
Nature ofinterest
City, State, Country (place of business) (check applicable)
Controlling Intermediary
1 swear, or affirm, under penalty of perjury, that the above disclosure Is true and correct.
::►�
FAITH E PARCHMAN
_ =Notary Public. State of Texas
My Commission Expires
n; November 05, 2017
"-0 Signature of uthorized agenrbTi:ontrac*g business entity
AFFIX NOTARY STAMP / SEAL ABOVE l��
Sworn to and subscribed before me, by the saidvanA'�.��. this the �� day of�,���-
zo\„ _, to certify which, witness my hand and seaf of office.
Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.1021
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Official site of the City of Fort Worth, Texas
CITY COUNCIL AGENDA F H
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 HUDACTIONPLAN PY2016-
NO.: 2017
CODE: G TYPE: NOW 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
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Administrative Regulations; and
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-Teleqram 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-Teleqram 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
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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
program income that is received which is over the estimated amount but not used for the Hardy and HFC
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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:
Communitv Development Block Grant Contracts:
Table 1 — CDBG Agencies
Organization
Program
AB Christian Learning Center
After -School Tutoring
Camp Fire First Texas
Step Up Program
Cenikor Foundation
Substance Abuse Services
Girls Inc. of Tarrant County
Education, Prevention and
Leadership Proqram
Meals on Wheels Inc. of Tarrant
Home Delivered Meals
County
Presbyterian Night Shelter
Senior Citizen Services of Greater
Tarrant County, Inc.
j Tarrant County Housing
Partnership, Inc.
The Ladder Alliance
United Community Centers
YMCA of Metropolitan Fort Worth
CDBG Public Service Subtotal
Rehabilitation, Education and
Advocacy for Persons with
Handicaps, dba REACH, Inc.""
Total CDBG Contracts
Movinq Home Proqram
Connecting Seniors to the
Community
Homebuyer Counseling
and Education
Computer Skills Training
Program
Educational Enrichment
Program
Early Childhood Education
Project Ramp
"REACH will be funded from the CDBG Housing Programs and Services budget
Housing Opportunities For Persons With AIDS Contracts:
Amount
$ 45,486.00
$ 78,905.00
$ 110,000.00
$ 110,000.00
$ 75,000.00
$ 75,000.00
$ 100,000.00
$ 116,000.00
$ 86,710.00
$ 90,000.00
$ 75,000.00
$ 962,101.00
$ 100,000.00
$1,062,101.00 1
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Table 2 — HOPWA Agencies
Organization Program Amount
Tarrant County Samaritan Housing, Administration (seven $ 485,844.00
Inc. percent), Supportive
Services and Facility Based
housing Subsidy
Assistance
AIDS Outreach Center, Inc. Supportive Services, $ 515,710.00
Tenant Based Rental
Assistance (TBRA), and
Short Term Rent Mortgage
and Utility Assistance
(STRMU)
Total HOPWA Contracts $1,001,554.00
Emergencv Solutions Grant Contracts:
Table 3 — ESG Agencies
Organization
Program
Amount
Presbyterian Night Shelter
Emergency Shelter and
$100,275.00
Case Management
SafeHaven of Tarrant County
SafeSolutions for Fort
$ 75,000.00
Worth
Day Resource Center for the
Homeless Day Shelter
$141,092.00
Homeless
The Salvation Army, a Georgia
Home Sweet Home-
$116,360.00
Corporation
Homeless Prevention
Center for Transforming Lives
Rapid Rehousing
$ 94,552.00
Total ESG Contracts
$527,279.00
These programs are available in ALL COUNCIL DISTRICTS.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations, adoption of the
attached appropriation ordinance and receipt of grant funds, funds will be available in the current operating
budget, as appropriated, of the Grants Fund. This is a reimbursement grant. The Neighborhood Services
Department has the responsibility to validate the availability of funds prior to an expenditure being made.
TO
Fund
Department
Account
Project
ID
ID
21001
0190463
4310013
10XXXX
21001
0190463
5XXXXXX
10XXXX
21001
0190463
4310013
10XXXX
21001
0190463
5XXXXXX
10XXXX
21001
0190463
4310013
10XXXX
21001
0190463
5XXXXXX
10XXXX
21001
0190463
4310013
10XXXX
21001
0190463
5XXXXXX
10XXXX
21001
0190463
4921001
10XXXX
21001
0190463
5XXXXXX
10XXXX
21001
0190463
4921001
10XXXX
21001
0190463
5XXXXXX
10XXXX
Program
Activity Budget Reference #
Amount
Year (Chartfield 2)
CDBG
9919XX
$6,414,009.00)
CDBG
9919XX
$6,414,009.00
HOME
9919XX
$2,078,039.001
HOME
9919XX
$2,078,039.001
ESG
9919XX
$570,031.00�
ESG
9919XX
$570,031.00
HOPWA
9919XX
$1,032,529.001
HOPWA
9919XX
$1,032,529.00�
CDBG
9919XX
$130,000.00
CDBG
9919XX
$130,000.001
HOME
9919XX
$1,200,000.001
HOME
9919XX
$1,200,000.001
FROM
[-Fund I Department Account Project Program Activity Budget Reference # Amount
ID I ID I I Year 1 (Chartfield 2) i
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=22553&councildate=8/9/2016 6/23/2017
M&C Review
Page 6 of 6
Submitted for Citv Manager's Office bv:
Originatinq Department Head:
Additional Information Contact:
ATTACHMENTS
Fernando Costa (6122)
Aubrey Thagard (8187)
Diana Carranza (7369)
Barbara Asbury (7331)
19NS HUDACTIONPLAN PY2016-2017 Grant AO.docx
Action Plan 16-17 FINAL MandC Slides.pdf
Form 1295.pdf
SAM Search.pdf
http://apps.cfwnet.org/council_packetlmc review.asp?ID=22553&councildate=8/9/2O16
6/23/2017
PROMISSORY NOTE
Date: July 1I, 2017
Borrower: SafeHaven of Tarrant County, a Texas nonprofit corporation
Borrower's Mailing Address:
SafeHaven of Tarrant County
1100 Hemphill St., #303
Fort Worth, TX 76104
Attention: Kathryn Jacob
Chief Executive Officer
With a copy to:
SafeHaven of Tarrant County
1100 Hemphill St., #303
Fort Worth, TX 76104
Attention: James Askey
Chief Financial Officer
With a copy to:
SafeHaven of Tarrant County
1100 Hemphill St., #303
Fort Worth, TX 76104
Attention: Stephanie Storey
Chief Operating Officer
Lender: City of Fort Worth, Texas, a Texas municipal corporation
Place for Payment:
C/O Assistant Director of Neighborhood Services Department
200 Texas St.
Fort Worth, Tarrant County, TX 76102
or at any other place that Lender may designate in writing
Principal Amount: $140,000.00
Loan Authority:
The loan evidenced by this Note (the "Load') is being made pursuant to grant monies
from the United States Department of Housing and Urban Development ("HUD") under
Title I of the Housing and Community Development Act of 1974, as amended, 42 USC
5301 et seq. for utilization in connection with its Community Development Block Grant
("CDBG Program") and the Community Development Block Grant Entitlement
Program Regulations, as amended, 24 CFR Part 570 et seq. (the "CDBG Regulations")
with CDBG funds.
PROMISSORY NOTE — CDBG FUNDS Page 1
SafeHaven of Tarrant County Rev. 06.29.17
ADA Improvements in Two Bathrooms
Annual Interest Rate: 0%
Maturity Date: as described in City Secretary Contract No 49233 between Borrower and
Lender for the CDBG funds (the "Contract").
Annual Interest Rate on Matured, Unpaid Amounts: 6%
Terms of Payment (principal and interest):
Capitalized terms not defined herein shall have meanings assigned to them in the
Contract.
The Principal Amount is a forgivable deferred payment loan. Payment of the Principal
Amount will only be required if Borrower does not comply with the terms of the
Contract, the requirements of the CDBG Program and the CDBG Regulations, or the
terms of this Note and any instrument evidencing or securing the Loan (collectively, the
"Loan Documents").
This Note is the Note required in the Contract and has been executed and delivered in
accordance with its terms. The funds advanced by Lender are CDBG funds and the
Contract requires that the SafeHaven domestic violence shelter located on the Property
rehabilitated in part with the CDBG funds must meet the National Objective of benefiting
Income Eligible Clients for the 5 year Performance Period as more particularly defined in
the Contract.
Borrower shall fulfill the following CDBG Requirements as more particularly described
in the Contract:
1. Construct ADA accessibility improvements in two bathrooms at SafeHaven
domestic violence shelter;
2. During the Performance Period,
a. operate the SafeHaven domestic violence shelter as a shelter for victims of
domestic violence who are homeless or at risk of homelessness;
b. maintain a cumulative list of all Unduplicated Clients provided services by
Borrower in the SafeHaven domestic violence shelter;
c. certify that all clients served by Borrower in the SafeHaven domestic
violence shelter are Income Eligible Clients;
d. comply with -all applicable provisions of the CDBG Regulations; and
e. meet the National Objective.
The Loan evidenced by this Note and the obligations described in the Contract pertaining
to the CDBG Program and the CDBG Regulations will be in default and the Principal
Amount and any other sums due hereunder may be declared immediately payable if the
PROMISSORY NOTE — CDBG FUNDS Page 2
SafeHaven of Tarrant County Rev. 06.29.17
ADA Improvements in Two Bathrooms
SafeHaven domestic violence shelter located on the Property does not serve Income
Eligible Clients, and fulfill the CDBG Requirements and meet the National Objective for
the 5 year Performance Period, all as more particularly described in the Contract. In the
event of such default, Lender may invoke any remedies provided in the Contract or the
Deed of Trust for default.
On performance of the obligations described in the Contract and the terms and conditions
of the Loan Documents, the Loan will be forgiven.
Security for Payment:
This Note is secured by a Deed of Trust of even date from Borrower to Vicki S. Ganske,
Trustee, or Leann D. Guzman, Trustee, which covers the following real property:
Being Lot 1-R, Block 1-A, of W.J. Harris Addition, an Addition to the City of Fort
Worth, Tarrant County, Texas, according to the Map or Plat Thereof Recorded in Volume
388-202, Page 85 of the Plat Records, Tarrant County, Texas.
Addresses where Program services are provided cannot be released due to confidentiality
and risks to domestic violence victims. The administrative offices for the SafeHaven
domestic violence shelter are located at 1100 Hemphill Street, Suite 303, Fort Worth, TX
Other Security for Payment: None
If the Principal Amount is not forgiven, Borrower promises to pay to the order of Lender
the Principal Amount. In that event, this Note is payable at the Place for Payment and according
to the Terms of Payment. All unpaid amounts are due by the Maturity Date. After maturity,
Borrower promises to pay any unpaid principal balance plus interest at the Annual Interest Rate
on Matured, Unpaid Amounts.
If Borrower defaults in the payment of this Note or in the performance of its obligations
under the Contract or the CDBG Program or the CDBG Regulations or any other obligation in
any instrument securing or collateral to this Note, Lender may declare the unpaid principal
balance, earned interest, and any other amounts owed on the Note immediately due and payable.
Borrower and each surety, endorser, and guarantor waive all demand for payment, presentation
for payment, notice of intention to accelerate maturity, notice of acceleration of maturity, protest,
and notice of protest, to the extent permitted by law.
Notwithstanding anything to the contrary, if a monetary event of default occurs under the
terms of any of the Loan Documents, prior to exercising any remedies Lender shall give Borrower
written notice of such default. Borrower shall have a period of 7 days after such notice is given
within which to cure the default prior to exercise of remedies by Lender under the Loan Documents.
Notwithstanding anything to the contrary, if a non -monetary event of default occurs under the terms
of any of the Loan Documents, prior to exercising any remedies, Lender shall give Borrower written
notice of such default. If the default is reasonably capable of being cured within 30 days, Borrower
shall have such period to effect a cure prior to exercise of remedies by Lender under the Loan
Documents. If the default is such that it is not reasonably capable of being cured within 30 days,
PROMISSORY NOTE — CDBG FUNDS Page 3
SafeHaven of Tarrant County Rev. 06.29.17
ADA Improvements in Two Bathrooms
and if Borrower (i) initiates corrective action within said period, and (ii) diligently, continually, and
in good faith works to effect a cure as soon as possible, then Borrower shall have such additional
time as is reasonably necessary to cure the default prior to exercise of any remedies by Lender. In
no event shall Lender be precluded from exercising remedies if its security becomes or is about to
become materially jeopardized by any failure to cure a default or the default is not cured within 180
days after the first notice of default is given.
Borrower also promises to pay reasonable attorney's fees and court and other costs if this
Note is placed in the hands of an attorney to collect or enforce the Note. These expenses will
bear interest from the date of advance at the Annual Interest Rate on Matured, Unpaid Amounts.
Borrower will pay Lender these expenses and interest on demand at the Place for Payment.
These expenses and interest will become part of the debt evidenced by the Note and will be
secured by any security for payment.
Interest on the debt evidenced by this Note will not exceed the maximum rate or amount
of non -usurious interest that may be contracted for, taken, reserved, charged, or received under
law. Any interest in excess of that maximum amount will be credited on the Principal Amount
or, if the Principal Amount has been paid, refunded. On any acceleration or required or permitted
prepayment, any excess interest will be canceled automatically as of the acceleration or
prepayment or, if the excess interest has already been paid, credited on the Principal Amount or,
if the Principal Amount has been paid, refunded. This provision overrides any conflicting
provisions in this Note and all other instruments concerning the debt.
Each Borrower is responsible for all obligations represented by this Note.
When the context requires, singular nouns and pronouns include the plural.
The execution and delivery of this Note are required under the Contract.
If any provision of this Note conflicts with any provision of the Contract, the Deed of
Trust or any other document evidencing the same transaction between Lender and Borrower, the
provisions of the Contract will govern to the extent of the conflict.
This Note will be construed under the laws of the state of Texas without regard to
choice -of -law rules of any jurisdiction.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
PROMISSORY NOTE — CDBG FUNDS Page 4
SafeHaven of Tarrant County Rev. 06.29.17
ADA Improvements in Two Bathrooms
THE CONTRACT, THE NOTE AND THE DEED OF TRUST CONSTITUTE THE
FINAL AGREEMENT OF THE PARTIES AND MAY NOT BE CONTRADICTED BY
EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL
AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL
AGREEMENTS BETWEEN THE PARTIES.
SAFEHAVEN OF TARRANT COUNTY
Kathry�cob, Chi f Executive Officer
PROMISSORY NOTE — CDBG FUNDS Page 5
SafeHaven of Tarrant County Rev. 06.29.17
ADA Improvements in Two Bathrooms