HomeMy WebLinkAboutContract 40856STATE OF TEXAS §
COUNTY OF TARRANT §
THIS contract ("Contract") is made and entered into by and between the City of Fort Worth
("City"), whose address is 1000 Throckmorton St., Fort Worth Texas 76102, acting by and
through T.M. Higgins, its duly authorized Assistant City Manager, and YMCA of Metropolitan
Fort Worth ("Contractor"), whose address is 512 Lamar Street Suite 400, Fort Worth, Texas,
76102 acting by and through Ms Sue Yaker, its duly authorized Director of Child Care Services
(Sometimes City and Contractor are referred to individually as a "Party" and collectively as the
"Parties".)
WHEREAS, City has received grant monies from the United States Department of Housing
and Urban Development ("HUD") under Title 1 of the Housing and Community Development
Act of 1974, as amended, (42 USC 5301 et seq.) for utilization in connection with its
Community Development Block Grant ("CDBG"), Program No. B40-MC48-0010, for Year
XXXVI;
WHEREAS, one of the national objectives of the CDBG program is to benefit low and
moderate income citizens (the "National Objective");
WHEREAS, the assigned Catalog of Federal Domestic Assistance (CFDA) number is 14.218
for this Federal program; and
WHEREAS City citizens, the Community Development Council, and the City Council have
determined that CDBG programs are needed by the City's low and moderate -income citizens.
NOW, THEREFORE, THIS AGREEMENT FURTHER WITNESSETH:
THAT, the Parties covenant and agree as follows:
1. Scope of Services
a. Contractor will administer Child Care Services to citizens of the City of Fort Worth under
the program name School Age Child Care ("Program"), for the term June 1, 2010 to May
31, 2011.
b. Contractor will be responsible for administering School Age Child Care in a manner
satisfactory to City and consistent with any standards required as a condition of providing
the CDBG funds (as hereinafter defined). Contractor will provide the services and
activities as set forth in Exhibit A -Program Summary in accordance with Exhibit B-
Program Services Schedule.
c. Contractor agrees to meet the National Objective of activities benefiting low and
moderate -income individuals and to maintain full documentation supporting fulfillment
of this National Objective in its files as defined in 24 CFR 570.208. Contractor certifies
that the activities carried out under this Contract will serve the required percentage of low
and moderate -income persons as set forth in Exhibit A - Program Summary.
YMCA of Metropolitan Fort Worth R41" W o
Contractor will obtain information on family size and income of Program participants.
All such documentation shall be furnished to City upon request if necessary for City to
fulfill its obligations under its Federal grant. If this documentation is not maintained and
furnished to City on request, City may exercise all remedies available under this
Contract, including the right to withhold payment to Contractor on this Contract or any
other contract with Contractor, or terminate this Contract as described herein. A failure to
fulfill the National Objective will result in the disallowance of CDBG funding for the
Program and Contractor will be required to repay all CDBG Funds to the City.
d. City will monitor and evaluate Contractor's performance using the goals and performance
standards required in this Contract. Substandard performance as determined by City
monitoring, including noncompliance with any applicable regulation, will constitute non-
compliance with this Contract. If action to correct such substandard performance is not
taken by Contractor within a reasonable period of time after being notified in writing by
City, procedures to suspend or terminate the Contract will be initiated.
e. If applicable, Contractor shall comply and assist City in complying with the provisions of
any federal requirements regarding displacement, relocation and/or real property
acquisition; uniform administrative requirements and cost principles; employment and
contracting opportunities, use of debarred, suspended or ineligible contractors or
subrecipients; eligibility restrictions for certain resident aliens; conflict of interest, and
other requirements of Subpart K of the CDBG Regulations.
f. Contractor agrees to take reasonable steps to ensure meaningful access to the Program
and associated activities by limited English proficient persons, pursuant to Title VI of the
Civil Rights Act of 1964. In addition, all notices and communications regarding the
Program shall be provided in a manner that is effective for persons with hearing, visual,
and other communication -related disabilities, consistent with Section 504 of the
Rehabilitation Act of 1973 and its implementing regulations at 24 CFR 8.6.
2. Compensation and Method of Payment
a. City will disburse CDBG Year XXXVI funds ("CDBG Funds") in an amount up to
FORTY FIVE THOUSAND AND NO/100 DOLLARS $45,000.00 to Contractor on a
reimbursement of expenses basis. Contractor is acting as a Subrecipient for the purposes
of this Contract in carrying out the agreed -upon eligible activities as set forth in Exhibit A
— Program Summary.
b. Payment will be processed by City following receipt from Contractor of the following
monthly financial documents: (1) Attachment I- Request For Funds, (2) Attachment II -
Detail Statement of Costs, and (3) Attachment III -Expenditures Worksheet. Payment by
City to Contractor shall require completion of all City forms and copies of adequate
supporting documentation verifying eligibility of expenses as well as, where applicable,
eligibility of Program participants. Reimbursement for the payment of eligible expenses
shall be made against the budget specified in Exhibit GProgram Operating Budget
and in accordance with performance specified in Exhibit B-Program Services Schedule.
City will not disburse funds for expenditures that occurred prior to the beginning date of
the term of this Contract.
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c. Contractor agrees to utilize all disbursed CDBG Funds for the benefit of the Program.
Contractor agrees that all funds will be expended in accordance with Exhibit C-Program
Operating Budget, Contractor may not increase or decrease line -item amounts in the
approved CDBG Funds portion of Exhibit C-Program Operating Budget without
City's prior written approval. Contractor acknowledges and agrees that any CDBG
Funds not used in accordance with the CDBG Regulations and the terms of this Contract
will be repaid to City.
d. It is understood that the total cost for operation of this Program is $1,026,000.00 and that
Contractor will obtain from other sources the remaining funds in excess of the CDBG
Funds as detailed in Exhibit C-Program Operating Budget. Contractor will notify City
promptly of any additional funds it receives for operation of the Program, and City
reserves the right to amend Exhibit C-Program Operating Budget in such instances to
ensure compliance with HUD regulations governing cost allocation.
e. Contractor agrees to keep all CDBG Funds on hand in interest bearing accounts. All
interest earned shall be reported to City on a monthly basis, at the same time as
submission of the monthly report following the end of the Contract month during which
the interest was earned. Interest in an amount of $25.00 or less per month may be used
for authorized Program expenses. These amounts must be reported on the monthly
financial statements filed pursuant to this Contract. Interest earned in excess of $25.00
per month is subject to remittance to City as directed by City.
f. Contractor will not commingle CDBG Funds with any other funds in any manner that
would prevent City from readily identifying expenditures for operation of the Program.
3. Uniform Administrative Requirements and Program Management Standards
a. Financial Management
i. Accounting Standards
Contractor agrees to comply with OMB Circular A410, "Uniform Administrative
Requirements for Grants and Agreements with Institutions of Higher Education,
Hospitals and other Non -Profit Organizations", and agrees to adhere to the accounting
principles and procedures required therein, utilize adequate internal controls, and
maintain necessary source documentation for all costs incurred.
ii. Cost Principles
Contractor shall administer the Program in conformance with OMB Circular A422,
"Cost Principles for Non -Profit Organizations" and attachments and revisions thereto,
regarding principles for determining eligible and allocable costs for the Program.
b. Documentation and Record Keeping
i. Requirement
Contractor shall maintain all records pertinent to the activities to be funded under this
Contract required in 24 CFR § 570.506. In addition, Contractor agrees to keep
records to fully document all expenditures charged to the CDBG portion of the
Program, including records documenting the eligibility of Program participants as
more particularly described herein. The documentation must support the amounts
charged to the Program, the eligibility of the Program participants, and demonstrate
that the expenditures were appropriate to the stated goals of the Program and
allowable and/or eligible under applicable Federal, state and City guidelines.
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ii. Records Retention
(1) All records pertaining to Program, including but not limited to any books,
documents, and papers, shall be retained for four (4) years following the termination
of this Contract. Contractor may destroy Program records at the end of this four (4)
year period if no outstanding audit finding exists. This provision shall survive the
termination or expiration of this Contract.
(2) Contractor will retain any Program loan records until four (4) years after the
expiration of any loan.
iii. Real Property Records
Contractor shall maintain real property inventory records that clearly identify
properties purchased, improved, or sold. Properties retained shall meet eligibility
criteria and shall conform to the requirements of 24 CFR § 570.505.
iv. Closeouts
Contractor's obligation to City shall not end until all closeout requirements are
completed. Activities during this closeout period shall include, but are not limited to:
making final payments, disposing of Program assets (including the return of all
unused materials, equipment, unspent cash advances, Program income balances, and
accounts receivable to City), and determining the custodianship of records and
verification of compliance with record retention requirements.
v. Audits and Inspections
(1) City, HUD, and the United States Comptroller General, or their respective
representatives, shall have access for four (4) years following the termination of
this Contract to any books, documents, records and papers relating to the
operations of Contractor under this Contract for the purpose of audit,
examination, exception and transcription at all of Contractor's offices at all
reasonable hours. This provision shall survive the termination or expiration of
this Contract.
(2) All non-federal entities that expend $500,000 or more in Federal funds within one
(1) year, regardless of the source of the Federal award, must submit to City an
annual audit prepared in accordance with 24 CFR Sections § 570.502-570.503
generally, (known as a Single Audit), with specific reference to OMB Circulars
(with attachments) A-122, "Cost Principles for Non -Profit Organizations", and A-
133, "Audits of States, Local Governments, and Non -Profit Organizations", as
appropriate. The audit may cover either Contractor's fiscal year during which this
Contract is in force or cover the period of this Contract. The audit must be
prepared by an independent certified public accountant, be completed within nine
(9) months following the end of the period being audited and be submitted to City
within thirty (30) days of its completion. Contractor's audit certification is
attached hereto as Exhibit D - Audit Certification Form. The Audit
Certification Form must be submitted to City within sixty (60) days of the end of
the period being audited (Contractor's fiscal year). Costs of preparation of this
audit may be an allowable expenditure of CDBG Funds in an amount proportional
to that of the CDBG Funds used in Contractor's total agency operating budget.
Non-profit entities that expend less than $500,000 a year in Federal funds are
exempt from Federal audit requirements for that year, but records must be
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available for review or audit by appropriate officials of the Federal agency, City,
and General Accounting Office ("GAO").
(3) All non-federal entities acting as a Subrecipient for City grant funds that expend
less than $500,000 in any federal funds within one year must submit to City an
annual financial audit or annual audited financial statements that cover either
Contractor's fiscal year during which this Contract is in force or cover the period
of this Contract. The audit or financial statements must be submitted to City
within thirty (30) days of its completion.
(4) Contractor shall submit the following to the City: (1) a copy of Contractor's
annual financial report to its Board of Directors and (ii) a copy of its annual filed
Internal Revenue Service Form 990, Form 990-EZ, or Form 990-N.
(5) City reserves the right to perform an audit of Contractor's agency operations and
finances at any time during the term of this Contract, if City determines that such
audit is necessary for City's compliance with OMB Circular A433. Contractor
agrees to allow access to all relevant books, records and materials. If such audit
reveals a questioned practice or expenditure, such questions must be resolved
within fifteen (15) days after notice to Contractor. If questions are not resolved
within this period, City reserves the right to withhold further funding under this
Contract and/or any other contract(s) with Contractor.
(6) If as a result of any audit it is determined that Contractor has misused, misapplied
or misappropriated all or any part of the CDBG Funds, Contractor agrees to
reimburse the City the amount of such monies so misused, misapplied or
misappropriated, plus the amount of any sanction, penalty or other charge levied
against City because of such misuse, misapplication or misappropriation.
4. Reporting Procedures
a. Financial Reports
Contractor will submit to City on a monthly basis: (1) Attachment I- Request for Funds,
(2) Attachment II -Detailed Statement of Costs, (3) Attachment III -Expenditures
Worksheet, as applicable, for expenses incurred for services and activities accomplished
by Contractor in performance of this Contract. Actual cash receipts for claimed
expenditures must be provided at the time the request for funds is presented. The reports
must be signed by a duly authorized agent of the Contractor and submitted by the 15th of
the month following the month being reported. City is under no obligation to disburse
funds for expenditures that occurred prior to the first day of the month for which the
report is submitted.
b. Progress Reports
Contractor will submit to City on a monthly basis: (1) Attachment IVa-Program Services
Report, (2) Attachment IVb-Direct Benefit Data Report, (3) Attachment V Performance
Report, and (4) Attachment VI -Client Data Report for services and activities undertaken
by Contractor in performance of this Contract. The report will be signed by a duly
authorized agent of Contractor and submitted by the 15th of the month following the
month that is reported. City is under no obligation to disburse funds for expenditures that
occurred prior to the beginning date of this Contract.
c. Program Income
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Contractor agrees that all program income from operation of the Program in proportion to
the amount of CDBG Funds received hereunder will be expended prior to expending
CDBG Funds and that any such program income is subject to the terms of this Contract.
Contractor may expend CDBG Funds only if program income is insufficient to meet all
eligible Program activity expenses. Contractor agrees to return to City at the end of the
Contract any remaining program income earned from operation of the Program in
proportion to the amount of CDBG Funds in Exhibit A -Program Summary and Exhibit
B-Program Operating Budget.
d. Procurement
i. Compliance
Contractor shall comply with City policy concerning the purchase of equipment and
shall maintain inventory records of all non -expendable personal property, as defined
by such policy, procured with funds provided under this Contract.
lie OMB Standards
Contractor shall procure all materials, property, or services in accordance with the
requirements of 24 CFR Part 84, Procurement Standards and Property Standards, as
modified by 24 CFR Part 570.502(b)(6), covering utilization and disposal of property.
e. Program Participant Records
i. Contractor will keep or cause to be kept an accurate record of all actions taken and all
CDBG Funds expended, with source documents, in performance of this Contract.
Such records shall be kept for the time period mandated by the CDBG Regulations
and this Contract.
i1. Contractor will obtain and keep on file and furnish to City on request the following
information and/or documentation on each Program participant served by the
Program demonstrating such participant's eligibility for services provided:
1. Participant's name, address, annual income level or other basis for determining
income eligibility, and family size of participant's household.
2. Source documentation used for income verification including but not limited to
pay check stubs, food stamp award letters, income tax returns, SSI award letters,
letters awarding unemployment benefits, W2s and the like.
3. City shall have the final determination, in its sole discretion, as to whether source
documentation used for income verification is adequate.
5. Reversion of Assets
a. Contractor agrees to return to City any CDBG Funds remaining on hand at the end of the
Contract.
b. All property purchased with CDBG Funds under this Contract will be used solely for
operation of the Program. Contractor agrees to obtain City approval prior to purchase of
property and Contractor agrees to notify City upon receipt of property so that it may be
properly tagged and inventoried. Title to such property will be vested in City, and
Contractor will deliver all such property to City for disposition at City's sole discretion at
the termination of the Program.
6. Applicable Laws
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a. Federal
Contractor agrees to comply with the following laws and the applicable regulations as
they are currently written or are hereafter amended during performance of this Contract:
• Regulations at 24 CFR Part 570 pertaining to CDBG ("CDBG Regulations")
• Title I of the Housing and Community Development Act of 1974 as amended (42
USC 5301 et seq.)
• Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970
(42 USC 4601 et seq.) and its related regulations at 49 CFR Part 24
• Title VI of the Civil Rights Act of 1964 (42 USC 2000d et seq.)
• Title VIII of the Civil Rights Act of 1968 (42 USC 3601 et seq.)
• 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 of 24 CFR part 85
• Executive Orders 11063, 11246, as amended by Executive Orders 11375 and 12086
and as supplemented by 41 CFR Part 60
• The Age Discrimination in Employment Act of 1967 (29 USC 621)
• The Age Discrimination Act of 1975 (42 USC 6101 et seq.)
• Section 504 of the Rehabilitation Act of 1973 (29 USC 794 et seq.) and 24 CFR Part
8 where applicable
• The Americans with Disabilities Act of 1990 (42 USC 12 10 1)
• National Environmental Policy Act of 1969, as amended, 42 USC 4321 et seq.
("NEPA") and the related authorities listed 24 CFR Part 58
• The Clean Air Act, as amended (42 USC 7401 et seq.), the Clean Water Act of 1977,
as amended (33 USC 1251 et seq.) and the related EPA regulations at 40 CFR Part 15,
as amended from time to time, and Executive Order 11738. In no event shall any
amount of the assistance provided under this Contract be utilized with respect to a
facility that has given rise to a conviction under the Clean Air Act or the Clean Water
Act.
• The Immigration Reform and Control Act of 1986 (8 USC 1101 et seq.), specifically
including the provisions requiring employer verification of the legal status of its
employees
• Drug Free Workplace Act of 1988 (41 USC 701 et seq.), 24 CFR Part 21, and 24 CFR
Part 23, Subpart F
• Regulations as 24 CFR Part 87 related to lobbying, including the requirement that
certifications and disclosures be obtained from all covered persons
• Executive Order 12549 and 24 CFR Part 5.105 (c) pertaining to restrictions on
participation by ineligible, debarred, or suspended persons or entities.
• Section 6002 of the Solid Waste Disposal Act, as amended by the Resource
Conservation and Recovery Act
• Mandatory standards and policies relating to energy efficiency which are contained in
the state energy conservation plan issued in compliance with the Energy Policy and
Conservation Act (Pub. L. 94A 1635 89 Stat. 871)
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• For contracts and subgrants for construction or repair, Copeland "Anti -Kickback" Act
(18 U.S.C. 874) as supplemented in 29 CFR Part 3
• For construction contracts in excess of $2,000 awarded by Contractor when required
by Federal grant program legislation, Davis -Bacon Act (40 U.S.C. 276a to 276a-7) as
supplemented in 29 CFR Part 5
• For construction contracts awarded by Contractor 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 330) as supplemented by 29 CFR Part 5.
b. Section 3 of the Housing and Urban Development Act of 1968, as amended, (12 USC
1701u et seq.) and its related regulations at 24 CFR Part 135
If the work to be performed under this Contract is on a project assisted under a program
providing direct Federal financial assistance from HUD, Section 3 of 24 CFR 135.38
("Section 3") requires that the following clause be inserted in all covered contracts
("Section 3 Clause") Such covered contracts or activities include CDBG4unded
construction, reconstruction, conversion or rehabilitation of housing as set forth at 24
CFR 135.5.
"A. The work to be performed under this contract is subject to the requirements of section
3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 170lu
(section 3). The purpose of Section 3 is to ensure that employment and other
economic opportunities generated by HUD assistance or HUD -assisted projects
covered by Section 3, shall, to the greatest extent feasible, be directed to low- and
very low-income persons, particularly persons who are recipients of HUD assistance
for housing.
B. The Parties to this contract agree to comply with HUD's regulations in 24 CFR Part
135, which implement Section 3. As evidenced by their execution of this contract,
the Parties to this contract certify that they are under no contractual or other
impediment that would prevent them from complying with the Part 135 regulations.
C. The contractor agrees to send to each labor organization or representative of workers
with which the contractor has a collective bargaining agreement or other
understanding, if any, a notice advising the labor organization or workers'
representative of the contractor's commitments under this section 3 clause, and will
post copies of the notice in conspicuous places at the work site where both employees
and applicants for training and employment positions can see the notice. The notice
shall describe the Section 3 preference, shall set forth minimum number and job titles
subject to hire, availability of apprenticeship and training positions, the qualifications
for each; and the name and location of the person(s) taking applications for each of
the positions; and the anticipated date the work shall begin.
D. The contractor agrees to include this section 3 clause in every subcontract subject to
compliance with regulations in 24 CFR Part 135, and agrees to take appropriate
action, as provided in an applicable provision of the subcontract or in this Section 3
clause, upon a finding that the subcontractor is in violation of the regulations in 24
CFR Part 135. The contractor will not subcontract with any subcontractor where the
contractor has notice or knowledge that the subcontractor has been found in violation
of the regulations in 24 CFR Part 135,
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E. The contractor will certify that any vacant employment positions, including training
positions, that are filled (1) after the contractor is selected but before the contract is
executed, and (2) with persons other than those to whom the regulations of 24 CFR
Part 135 require employment opportunities to be directed, were not filled to
circumvent the contractor's obligations under 24 CFR Part 135.
F. Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions,
termination of this contract for default, and debarment or suspension from future
HUD assisted contracts.
G With respect to work performed in connection with Section 3 covered Indian housing
assistance, section 7(b) of the Indian Self -Determination and Education Assistance
Act (25 U.S.C. 450e) also applies to the work to be performed under this contract.
Section 7(b) requires that to the greatest extent feasible (i) preference and
opportunities for training and employment shall be given to Indians, and (ii)
preference in the award of contracts and subcontracts shall be given to Indian
organizations and Indian -owned Economic Enterprises. Parties to this contract that
are subject to the provisions of section 3 and section 7(b) agree to comply with
Section 3 to the maximum extent feasible, but not in derogation of compliance with
section 7(b)."
City and Contractor understand and agree that compliance with the provisions of Section 3,
the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of HUD shall
be a condition of the Federal financial assistance provided to the Program, binding upon City
and Contractor, and their respective successors, assigns and subcontractors. Failure to fulfill
these requirements shall subject Contractor and its subcontractors, and their respective
successors and assigns, to those sanctions specified by the Grant Agreement through which
Federal assistance is provided and to such sanctions as are specified by 24 CFR Part 135.
c. Other Laws
Contractor covenants and agrees that its officers, members, agents, employees, Program
participants and subcontractors shall abide by and comply with all other laws, Federal,
state and local, relevant to the performance of this Contract, including all applicable City
ordinances, rules and regulations and Title I of the Housing and Community
Development Act of 1974 (42 USC 5301 et seq.), as amended, and the CDBG
Regulations, as amended, (24 CFR Part 570 et seq. ). Contractor further promises and
agrees that it has read, and is familiar with, the terms and conditions of the Community
Development Block Grant under which CDBG Funds are granted and any applicable
provisions of the CDBG Regulations and that it will fully comply with them. It is agreed
and understood that, if City notifies Contractor of any such violation on the part of
Contractor or any of its officers, members, agents, employees, Program participants or
subcontractors, then Contractor shall immediately desist from and correct such violation.
7. Nondiscrimination
a. Contractor will not unlawfully discriminate against any person or persons because of sex,
race, religion, age, disability, color, national origin, or familial status, nor will Contractor
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permit its officers, members, agents, employees, subcontractors or Program participants
to engage in such discrimination.
b. Contractor covenants that neither it nor any of its officers, members, agents, employees,
Program participants or subcontractors, while engaged in performing this Contract, shall,
in connection with the employment, advancement or discharge of employees or in
connection with the terms, conditions or privileges of their employment, discriminate
against persons because of their age except on the basis of bona fide occupational
qualification, retirement plan or statutory requirement.
c. Contractor further covenants that neither it nor its officers, members, agents, employees,
subcontractors, Program participants, or persons acting on their behalf, shall specify, in
solicitations or advertisements for employees to work on this contract, a maximum age
limit for such employment unless the specified maximum age limit is based upon a bona
fide occupational qualification, retirement plan or statutory requirement.
d. In accordance with the provisions of the Americans With Disabilities Act of 1990
("ADA"), Contractor warrants that it and any and all of its subcontractors will not
unlawfully discriminate on the basis of disability in the provision of services to the
general public, nor in the availability, terms and/or conditions of employment for
applicants for employment with Contractor, or employees of Contractor or any of its
subcontractors. Contractor warrants it will fully comply with ADA's provisions and any
other applicable Federal, state and local laws concerning disability and will defend,
indemnify and hold City harmless against any claims or allegations asserted by third
parties or subcontractors against City arising out of Contractor's and/or its subcontractors'
alleged failure to comply with the above -referenced laws concerning disability
discrimination in the performance of this Contract.
e. This Contract is made and entered into with reference specifically to the ordinances
codified at Chapter 17, Article III, Division 3 "Discrimination in Employment Practices",
of the City Code, and Contractor hereby covenants and agrees that Contractor, its
officers, members, agents, employees and subcontractors, have fully complied with all
provisions of same and that no employee, employee -applicant or Program participant has
been discriminated against by the terms of such ordinances by either the Contractor or its
officers, members, agents, employees or subcontractors.
f. City shall not discriminate against Contractor on the basis of the organization's religious
character or affiliation, if applicable. If Contractor is a religious organization, Contractor
shall not engage in inherently religious activities as part of the Program, though
Contractor may engage in such activities if they are offered separately, in time or
location, from the Program, and participation must be voluntary for Program participants.
Contractor, if it is a faith -based organization, may use space in its facilities to provide
CDBG-funded services, without removing religious art, icons, scriptures, or other
religious symbols. Contractor shall not, in providing Program assistance, discriminate
against a Program participant or prospective program participant on the basis of religion
or religious belief.
8. Prohibition Against Interest/ Conflict of Interest
a. No member, officer or employee of City or its designees or agents; no member of the
governing body of the locality in which the Program is situated; and no other public
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official of such locality or localities, who exercises any functions or responsibilities with
respect to the Program funded hereunder during his or her tenure or for one year
thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the
proceeds thereof, for work to be performed hereunder. Contractor shall incorporate, or
cause to be incorporated, like language prohibiting such interest in all contracts and
subcontracts entered into in connection with the Program.
b. No member, officer, employee, or Program participant of Contractor or its subcontractors
shall have a financial interest, direct or indirect, in this Contract or the CDBG Funds
transferred hereunder or be financially interested, directly or indirectly, in the sale to
Contractor of any land, materials, supplies or services purchased with any CDBG Funds
transferred hereunder, except on behalf of Contractor, as an officer, employee, member or
Program participant. Any willful violation of this paragraph with the expressed or
implied knowledge of Contractor or its subcontractors shall render this Contract voidable
by City.
c. A duly authorized representative of Contractor shall execute Exhibit E- Conflict of
Interest on behalf of Contractor.
9. Minority and Women Business Enterprise Commitment
Contractor agrees to abide by City's policy to involve Minority and Women Business
Enterprises ("MWBEs") in all phases of its procurement practices and to provide them an
equal opportunity to compete for contracts for construction, provision of professional
services, purchase of equipment and supplies and provision of other services required by
City. Contractor agrees to incorporate City Ordinance No. 15530, and all amendments or
successor policies thereto, into all contracts and will further require all persons or entities
with whom it contracts to comply with said MWBEs policy.
10. Non -Assignment
No assignment, delegation of duties, or subcontract under this Contract by Contractor shall
be effective without City's prior written approval. If such assignment, delegation, or
subcontract occurs, such assignment or subcontract shall be upon and subject to all of the
terms, covenants, and conditions contained in this Contract, and Contractor shall continue to
remain liable thereunder. Upon any subsequent assignment or subcontract, each
subcontractor or subsequent assignee shall continue to be and remain liable hereunder.
Within thirty (30) days after the execution and delivery of any such assignment or
subcontract, Contractor shall furnish to City a duplicate original of the subcontract or
assignment which shall contain an assumption by the assignee or subcontractor of all of the
obligations of Contractor under this Contract. Contractor will defend, indemnify and hold
City harmless against (1) any claims or allegations asserted by third parties or
subcontractors against City and (2) any requirement of repayment of non-federal
monies by HUD arising out of Contractor's and/or its subcontractors' alleged failure to
comply with the requirements of this Contract.
11. Independent Contractor
CDBG YEAR XXXVI SUBRECIPIENT CONTRACT Rev. OS-14-10
YMCA of Metropolitan Fort Worth Page 11
a. Contractor shall operate hereunder as an independent contractor and not as an officer,
agent, servant or employee of City. Contractor shall have exclusive control of, and the
exclusive right to control, the details of the work and services performed hereunder, and
all persons performing same, and shall be solely responsible for the acts and omissions of
its officers, members, agents, servants, employees, subcontractors, Program participants,
licensees or invitee. The doctrine of respondeat superior shall not apply as between City
and Contractor, its officers, members, agents, servants, employees, subcontractors,
Program participants, licensees or invitees, and nothing herein shall be construed as
creating a partnership or joint enterprise between City and Contractor. It is expressly
understood and agreed that no officer, member, agent, employee, subcontractor, licensee
or invitee of the Contractor, nor any Program participant hereunder, is in the paid service
of City and that City does not have the legal right to control the details of the tasks
performed hereunder by Contractor, its officers, members, agents, employees,
subcontractors, Program participants, licensees or invitees.
b. City shall in no way nor under any circumstances be responsible for any property
belonging to Contractor, its officers, members, agents, employees, subcontractors,
Program participants, licensees or invitees, which may be lost, stolen, destroyed or in any
way damaged; and Contractor hereby indemnifies and holds harmless City and its
officers, agents, and employees from and against any and all claims or suits.
12. Indemnification, Insurance and Bonding
a. CONTRACTOR COVENANTS AND AGREES TO INDEMNIFY, HOLD
HARMLESS AND DEFEND, AT ITS OWN EXPENSE, CITY AND ITS
OFFICERS, AGENTS, SERVANTS AND EMPLOYEES FROM AND AGAINST
ANY AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE
AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL
PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR
ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THE
EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE OR
NONPERFORMANCE OF THIS CONTRACT AND/OR THE OPERATIONS,
ACTIVITIES AND SERVICES OF THE PROGRAM DESCRIBED HEREIN,
WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY ALLEGED
NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES,
CONTRACTORS OR SUBCONTRACTORS OF CITY; AND CONTRACTOR
HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY OF CITY AND
ITS OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES FOR ANY AND ALL
CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR
PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF
WHATSOEVER KINDS OR CHARACTER, WHETHER REAL OR ASSERTED,
ARISING OUT OF OR IN CONNECTION WITH THE EXECUTION,
PERFORMANCE, ATTEMPTED PERFORMANCE OR NON-PERFORMANCE
OF THIS CONTRACT AND AGREEMENT AND/OR THE OPERATIONS,
ACTIVITIES AND SERVICES OF THE PROGRAMS DESCRIBED HEREIN,
WHETHER OR NOT CAUSED IN WHOLE OR IN PART, BY ALLEGED
NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES,
CDBG YEAR XXXVI SUBRECIPIENT CONTRACT Rev. 05-14-10
YMCA of Metropolitan Fort Worth Page 12
CONTRACTORS OR SUBCONTRACTORS OF CITY. CONTRACTOR
LIKEWISE COVENANTS AND AGREES TO AND DOES HEREBY INDEMNIFY
AND HOLD HARMLESS CITY FROM AND AGAINST ANY AND ALL INJURY,
DAMAGE OR DESTRUCTION OF PROPERTY OF CITY, ARISING OUT OF OR
IN CONNECTION WITH ALL ACTS OR OMISSIONS OF CONTRACTOR, ITS
OFFICERS, MEMBERS, AGENTS, EMPLOYEES, SUBCONTRACTORS,
INVITEES, LICENSEES, OR PROGRAM PARTICIPANTS, OR CAUSED, IN
WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS,
SERVANTS, EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS OF
CITY.
CONTRACTOR AGREES TO AND SHALL RELEASE CITY, ITS AGENTS,
EMPLOYEES, OFFICERS AND LEGAL REPRESENTATIVES FROM ALL
LIABILITY FOR INJURY, DEATH, DAMAGE OR LOSS TO PERSONS OR
PROPERTY SUSTAINED IN CONNECTION WITH OR INCIDENTAL TO
PERFORMANCE UNDER THIS CONTRACT, EVEN IF THE INJURY, DEATH,
DAMAGE OR LOSS IS CAUSED BY THE CITY'S SOLE OR CONCURRENT
NEGLIGENCE.
CONTRACTOR SHALL REQUIRE ALL OF ITS SUBCONTRACTORS TO
INCLUDE IN THEIR SUBCONTRACTS A RELEASE AND INDEMNITY IN
FAVOR OF THE CITY IN SUBSTANTIALLY THE SAME FORM AS ABOVE.
b. Contractor will maintain blanket fidelity coverage in the form of a bond in the amount of
$45,000.00 to insure against loss from the fraud, theft or dishonesty of any of
Contractor's officers, agents, trustees, directors or employees. The proceeds of such bond
shall be used to reimburse City for any and all loss of CDBG Funds occasioned by such
misconduct. To effectuate such reimbursement, such bond shall include a rider stating
that reimbursement for any loss or losses thereunder shall be made directly to City for the
uses and benefit of Contractor.
c. Contractor shall furnish certificates of insurance as proof that it has secured and paid for
policies of workers' compensation, public liability and automobile liability insurance (if
automobiles are utilized in the performance of this Contract) covering all risks incident to
or in connection with the execution, performance, attempted performance or
nonperformance of this Contract. The amounts of such insurance shall not be less than
the maximum liability that can be imposed on City under the laws of the State of Texas.
Contractor understands and agrees that such insurance amounts may be revised upward at
City's option and that Contractor shall revise such amounts within thirty (30) days
following notice to Contractor of such requirements.
d. Contractor will submit documentation to City that it has obtained insurance coverage and
has executed bonds as required in this contract within thirty (30) days of the execution of
this Contract and prior to payment of any monies hereunder.
e. Any failure on part of the City to request certificate(s) of insurance shall not be construed
as a waiver of such requirement or as a waiver of the insurance requirements themselves.
Insurers of Contractor insurance policies shall be licensed to do business in the State of
Texas by the Department of Insurance or be otherwise eligible and authorized to business
in the state of Texas. Insurers shall be acceptable to City insofar as their financial
CDBG YEAR XXXVI SUBRECIPIENT CONTRACT
YMCA of Metropolitan Fort Worth
Rev. 05-14-10
Page 13
strength and solvency and each such company shall have a current minimum A.M. Best
Key Rating Guide rating of A: VII or other equivalent insurance industry standard rating
unless otherwise approved by City. Deductible limits on insurance policies shall not
exceed $5,000 per occurrence unless otherwise approved by City.
f. Any local, federal or other regulatory insurance or bonding requirements for the Program
that exceed those specified herein shall prevail.
g. Contractor shall agree to require its subcontractors to maintain applicable insurance
coverages, limits, and other requirements as those specified herein; and, Contractor shall
require its subcontractors to provide Contractor with certificate(s) of insurance
documenting such coverage. Also, Contractor shall require its subcontractors to have
City and Contractor endorsed as additional insured (as their interests may appear) on their
respective insurance policies. Contractor shall require its subcontractors to maintain
builders risk insurance at the limit of applicable project(s) costs when the value of
materials involved exceeds $10,000 or at a different limit value limit as specified by City.
13. Waiver of Immunity
If Contractor is a charitable or nonprofit organization and has or claims an immunity or
exemption (statutory or otherwise) from and against liability for damages or injury, including
death, to persons or property; Contractor hereby expressly waives its rights to plead
defensively such immunity or exemption as against City. This section shall not be construed
to affect a governmental entity's immunities under constitutional, statutory or common law.
14. Remedies for Breach of Contract
Upon identification of possible breaches of this Contract, and prior to exercising its
Termination rights under this Contract, City may elect to exercise any of the following
remedies:
a. issuance of a warning letter indicating that further failure to comply with applicable
requirements will result in serious sanction and giving the Contractor a limited time to
correct the deficiency;
b. placing conditions upon award of future grants;
c. directing the Contractor to stop incurring costs until the deficiency is corrected and the
correction is verified;
d. requiring repayment of CDBG Funds previously disbursed to the Contractor; and/or
e. reducing the amount of future grant awards or disallowing of future awards to the
Contractor.
The City's election to exercise any, all, or none of the aforementioned administrative
remedies does not act as a waiver of any of City's other rights or remedies under the law or
this Contract for the enforcement of this Contract or the recovery of any damages relating to
Contractor's actions or inactions relating to the Program, CDBG Funds, and/or this Contract.
15. Termination
a. In addition to, and not in substitution for, other provisions of this Contract regarding the
provision of public services with CDBG Funds and the CDBG Regulations, it is
CDBG YEAR XXXVI SUBRECIPIENT CONTRACT Rev. OS-14-10
YMCA of Metropolitan Fort Worth Page 14
expressly understood and agreed by and between the Parties that this Contract is wholly
conditioned upon the actual receipt by City of Federal CDBG Year XXXVI funds; that all
monies distributed to Contractor hereunder shall be exclusively from Federal monies
received under said grant and not from any other monies of City; and that if such funds
under City's grant are not timely forthcoming, in whole or in part, City may, at its sole
discretion, terminate this Contract and City shall not be liable for payment for any work
or services performed by Contractor under or in connection with this Contract.
b. City may terminate this Contract whenever such termination is determined to be in City's
best interest, in event of Contractor's default, inability or failure to perform or to comply
with any of the terms herein, or, for other good cause, subject to Section 14 above.
c. The Parties acknowledge that CDBG Funds paid hereunder are intended to provide only
partial funding for Contractor's agency operations. City may terminate this Contract if
non-CDBG funds included in the Operating Budget are not forthcoming to Contractor
during the Contract term.
d. CDBG Funds provided hereunder may not be used as collateral for loans to Contractor to
defray agency operation expenses, and any attempted use of CDBG Funds for this
purpose will result in termination of this Contract by City.
e. Termination will be effected by written notice to Contractor, specifying the portions of
the Contract affected and the effective date of termination. Upon Contractor's receipt of
such termination notice, Contractor will:
• Stop work under the Contract on the date and to the extent specified by City;
• Cease expenditures for which reimbursement of CDBG Funds would be sought under
this Contract, except as necessary for completion of the portions of the Contract not
terminated; and
• Terminate all orders and contracts to the extent that they relate to portions of the
Contract being terminated.
Contractor shall be reimbursed for valid, eligible expenditures for the Program made
prior to the termination of this Contract.
f. Contractor will return to City any unused CDBG Funds previously advanced by City
under this Contract within thirty (30) days of the effective date of Contract termination.
City will have no responsibility or liability for Contractor's expenditures or actions
occurring after the effective date of Contract termination.
16. Certification Regarding Lobbying
a. The undersigned representative of Contractor hereby certifies, to the best of his or her
knowledge and belief, that: No federal appropriated funds have been paid or will be paid,
by or on behalf of Contractor, to any person for influencing or attempting to influence an
officer or employee of any agency, a member of Congress, an officer or employee of
Congress or an employee of a member of Congress in connection with the awarding of
any Federal contract, the making of any Federal grant, the making of any Federal loan,
the entering into of any cooperative agreement and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan or cooperative
agreement. Contractor shall require that the language of this certification be included in
all subcontracts or agreements involving the expenditure of Federal funds.
CDBG YEAR XXXVI SUBRECIPIENT CONTRACT Rev. OS-14-10
YMCA of Metropolitan Fort Worth Page 15
b. If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
member of Congress, an officer or employee of Congress, or an employee of a member of
Congress in connection with this Federal contract, grant, loan or cooperative agreement,
Contractor shall complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
c. This certification is a material representation of fact upon which reliance was placed
when this Contract was made or entered into. Submission of this certificate is a
prerequisite for making or entering into this Contract imposed by 31 USC Section 1352.
Any person who fails to file the required certification shall be subject to a civil penalty of
not less than $10,000.00 and not more than $100,000.00 for each such failure.
17. Miscellaneous Provisions
a. All terms of this Contract shall apply to any and all subcontractors of Contractor who are
in any way paid with CDBG Funds or who perform any work in connection with
Contractor's Program.
b. The provisions of this Contract are severable, and, if for any reason a clause, sentence,
paragraph or other part of this Contract shall be determined to be invalid by a court or
Federal or state agency, board or commission having jurisdiction over the subject matter
thereof, such invalidity shall not affect other provisions which can be given effect without
the invalid provision.
c. City's failure to insist upon the performance of any term or provision of this Contract or
to exercise any right herein conferred shall not be construed as a waiver or
relinquishment to any extent of City's right to assert or rely upon any such term or right
on any future occasion.
d. Should any action, whether real or asserted, at law or in equity, arise out of the execution,
performance, attempted performance or nonperformance of this Contract, venue for
action shall lie in Tarrant County, Texas.
e. This written instrument and the exhibits attached hereto, which are incorporated by
reference and made a part of this Contract for all purposes, constitute the entire
agreement between the Parties concerning the work and services to be performed
hereunder, and any prior or contemporaneous, oral or written agreement which purports
to vary from the terms hereof shall be void. Any amendments to the terms of this
Contract must be in writing and must be approved by each Party.
£ All notices required or permitted by this Contract must be in writing and are deemed
delivered on the earlier of the date actually received or the third day following (i) deposit
in a United States Postal Service post office or receptacle; (ii) with proper postage
(certified mail, return receipt requested); and (iii) addressed to the other Party at the
address set out in the preamble of this Contract or at such other address as the receiving
Party designates by proper notice to the sending Party.
g. None of the performance rendered under this Contract shall involve, and no portion of the
CDBG Funds received hereunder shall be used, directly or indirectly, for the
construction, operations, maintenance or administration of any sectarian or religious
facility or activity, nor shall said performance rendered or funds received be utilized so as
to benefit, directly or indirectly, any such sectarian or religious facility or activity.
CDBG YEAR XXXVI SUBRECIPIENT CONTRACT Rev. 05-14-10
YMCA of Metropolitan Fort Worth Page 16
h. Contractor represents that it possesses the legal authority, pursuant to any proper,
appropriate and official motion, resolution or action passed or taken, to enter into this
Contract and to perform the responsibilities herein required.
i. Contractor certifies that it has obtained a 501 (c) (3) Certificate from the Internal
Revenue Service. Contractor shall notify City in writing of any changes to its 501 (c) (3)
tax-exempt status during the term of this Contract.
j. In the event any copyright arises with respect to any data or other copyrightable work
developed in the course of or under this Contract, Contractor shall notify City of the
copyright and the copyright shall be assigned to City.
k. In the event a patentable invention is created as part of this Contract and a patent is
obtained, Contractor shall notify City of the patent and the patent shall be assigned to
City.
1. Contractor shall comply with the requirements of mandatory standards and policies
relating to energy efficiency which are contained in the State of Texas's energy
conservation plan issued in compliance with the Energy and. Policy Conservation Act
(1`1,94-163).
[SIGNATURES APPEAR ON FOLLOWING PAGE]
CDBG YEAR XXXVI SUBRECIPIENT CONTRACT Rev. 05-14-10
YMCA of Metropolitan Fort Worth Page 17
IN WITNESS WHEREOF, the Parties hereto have executed three copies of this Contract in
Fort Worth, Tarrant County, Texas, this day of 920
CITY OF FORT WORTH
By:
T. M. Higgins `�
Assistant City Manager
APPROVED AS TO FORM AND LEGALITY:
Assistant City Attorney
YMCA %J Metropolitan Fort Worth
By:
Ms. Sue Yaker
Director of Child Care Services
�-a 414 C)\
Contral Authorization
]�at.e
STATE OF TEXAS §
COUNTY OF TAYV ANT §
This instrument was acknowledged before me on , 20/0 by
T.M. Higgins, the Assistant City Manager of the City of Port Worth, on behalf of the City of Fort
Worth,
MARIA S. SANCHEZ
MY COMMISSION EXPIRES
D00809r 14, 2013
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on S T-{ f,{l'h, bRi/ t *:�) , 20 (6 by
Sue Yaker the Director of Child Care Services of YMCA of Metropolitan Fort Worth, a Texas
non-profit corporation, on behalf of said corporation.
.� CAROLINE D. ROPER
,.a,
?`,� ' '= Notary Public, State of Texas
' ��, My Commission Expires
�;•�` November 19, 2013
Notary Public, State of Texas
�F�IGIAL RECORD
CDBG YEAR XXXVI SUBRECIPIENT CONTRACT
YMCA of Metropolitan Fort Worth
Rev. OS-14-10
Page 18
YMCA of Metropolitan Fort Worth EXHIBIT A
School Age Child Care SCOPE OF SERVICES
PROGRAM SUMMARY
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
CONTRACT NO.
SCOPE OF SERVICES
June 1, 2010 —May 315 2011
PERIOD
$45,000
AMOUNT
This Scope of Services is based on the proposal prepared and submitted by the Subrecipient through the City of Fort
Worth's annual Request for Proposal (RFP) process. The Subrecipient agrees to operate this Community Development
Block Grant (CDBG) program in a manner consistent with the program delivery stated in the approved proposal.
However, in the event of any conflict between the proposal and any provision contained, herein, this Agreement shall
control.
The YMCA of Metropolitan Fort Worth will provide Child Care services to 50 income -eligible children at YMCA of
Metropolitan Fort Worth The School Age Child Care program will include the following tasks and activities; Provide
children 4-12 years of age programming that includes academic time, arts enrichment, health and wellness, self -directed
time and weekly opportunities for specialized classes and projects. All services will be provided at the YMCA
Southeast Branch, 2801 Miller Street, Fort Worth, Texas 76105 from 2:30pm to 6:00pm, Monday -Friday.
The purpose of the program will be to provide childcare services to low-income children. The specific objectives, goals
and level of services to be provided are listed below along with the geographical location of clients served. A11 services
will be provided yearly.
The CDBG funds will be used to pay for subsidized childcare fees for• qualifying parents which is consistent with
Exhibit C-Detailed Budget.
REGULATORY CLASSIFICATION:
National Objective Citation: 24 CFR 570.208(a)(2){C} Limited Clientele
Regulatory Citation: 24 CFR 570.201(e) Public Service
Based on the nature of the service provided, YMCA of Metropolitan Fort Worth will maintain documentation that
verifies that 100% of clients served by the School Age Child Care program are income eligible with current household
incomes under 80% of Area Median Income (AMI) as established by the Department of Housing and Urban
Development (HUD).
GEOGRAPHICAL LOCATION: Southeast Fort Worth
OFFICIAL RECORD
Site Address: 2801 Miller Avenue, Fort Worth, Texas 76105 C1TY SECRETARY
Client Beneficiary Location* Southeast Fort Worth, Council District 5 FORT woRT", TX
PROGRAM GOALS.
To provide affordable, quality school age child care services for 50 children and enable parents to improve the
family quality of life.
PROGRAM OBJECTIVES:
The primary objective of this program is to provide affordable, quality school age child care services to enable
parents to work and/or attend school. The program curriculum is designed to enhance cognitive development
and social skill development of low-income children. 70% of the school -age children who participate in the
program for 120 days or more will improve their development by 20%.
PROGRAM SERVICES and ACTIVITIES Total Units of Services for Year
Number of Unduplicated Clients Served 50
Provide school age child care (unit = one day per child) 4500
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CITY OF FORT WORTH EXHIBIT C
CDBG Year XXXVI
Page 1 of 3
CONTRACT PERIOD From: 6/1/2010 To: 5/31/2011
Name of Sub Grantee YMCA Name of Program: School Age Child Care
Program CDBG
Cost Category Budget Funds a [b] [c] d)
PERSONEL SERVICES
Salaries $366,800*00 $363,700*00 $ 3,100,00
FICA $28,100,00 $ 28,100.00
Life Insurance $1,700900 $ 11700900
Health Insurance $9,400.00 $ 9,400.00
Employment Tax - State $51200.00 $ 5,200.00
Employment Tax - Federal
Worker's Comp $11,000000 $ 11,000000
Retirement $18,800400 $ 18,800000
Subsidized Child Care $2539400.00 $45,000.00 $ 116,200.00 $ 92,200,00
SUPPLIES
Office Supplies $2,600400 $ 21600,00
Postage $29300.00 $ 2,300.00
Teaching Aids $26,300.00 $ 26,300.00
Food Supplies $14,200000 $14,200.00
CONTRACTUAL SERVICES
Telephone $15,200.00 $ 15,200,00
Electric $126,600,00 $1263600,00
Gas $53,700*00 $ 2,000.00 $ 51,700400
Water/Waste Disposal
Rent [Building] $1,200,00 $ 11200,00
Custodial Services $25,400*00 $ 25,400400
Office Equipment Rental
Printing $3,400*00 $ 31400*00
Repairs $17,800.00 $ 17,800.00
Fidelity Bond $11500.00 $ 11500000
Liability Insurance $19,400*00 $ 19,400.00
Legal & Accounting
Private Auto Allowance - Local $2,400*00 $ 21400*00
Advertising
Conference & Seminars $43600,00 $ 41600,00
Contractual Services
Miscellaneous
CAPITAL OUTLAY
Office Furniture $8,800000 $ 81800,00
Computer Equipment $6,200.00 $ 6,200.00
Other: [Described]
$1,026,000600 $45,000000 $240,100.00 $631,400,00 $17,300400 $92,200600
TOTAL
MATCHING FUND SOURCES
[a) United Way &Contributions
[b] Tuition Fees from parents
[c] Texas Department of Agriculture
[d) CCMS and Texas Workforce
BUDGET DETAIL
PERSONNEL SERVICES
Page 2 of 3
Hourly Annual % of
Position / Title Rate Hours Time Amount
1
2
3
4
5
6
7
8
TOTAL STAFF SALARIES
Subidized Child Care $ 45,000.00
CATEGORY
FICA
Life Insurance
Health Insurance
Employment Tax
Worker's Comp
Retirement
TOTAL FRINGE BENEFITS
TOTAL PERSONAL SERVICES
FRINGE BENEFITS
of %Paid %Paid
Payroll Amount by Agency by CDBG Amount
CATEGORY
Telephone
Electric
Gas
Waste/Water Disposal
Other
Total Utilities
2
3
TOTAL BUILDING LEASE
CATEGORY
Fidelity Bond
Liability Insurance
Legal & Accounting
Office Supplies
Postage
Printing
Mileage
Advertising
Operating Expenses
TOTAL OTHER EXPENSES
EVENT
BUDGET DETAIL
UTILITIES
AVERAGE COST PER NUMBER OF MONTHS
MONTH
0
BUILDING LEASE
BUILDING
Page 3 of 3
AMOUNT
LOCATION NO, SQUARE FOOT COST PER SQUARE FOOT AMOUNT
OTHER EXPENSES 01
TOTAL CHARGE
CHARGED TO CDBG
CONFERENCES AND SEMINARS
TOTAL CHARGE
2
3
TOTAL CONFERENCES AND SEMINARS
CHARGED TO CDBG
OFFICE EQUIPMENT RENTAL
AMOUNT
IT► (i19i:(Il
ITEM TOTAL CHARGE %CHARGED TO CDBG AMOUNT
1 0%
2
TOTAL OFFICE EQUIPMENT RENTAL $
C
EXHIBIT D
CITY OF FORT WORTH HOUSING & ECONOMIC DEVELOPMENT
Audit Certification Form
Subrecipient: r14 k000id;;� �f k�kp�, Fiscal Year Ending: 12 / 3 i / 2 c) i to
Mo Day Yr
❑ During the fiscal year in which funds will be received, we will exceed the federal
expenditure threshold of $500,000. We will have our Single Audit or Program Specific Audit
completed and will submit the A-133 audit report within nine (9) months after the end of the
audited fiscal year or thirty (30) days within its completion, whichever is the earlier date.
During the fiscal year in which funds will be received, we will not exceed the
$500,000 federal expenditure threshold required for a Single Audit or a Program Specific Audit
to be performed this fiscal year. (Fill out schedule below)
Federal Expenditure Disclosure
Federal Funds
Must be filled out if Single Audit or Program Audit is not required:
Federal Grantor
Pass Through
Grantor
Program Name &
CFDA Number
Contract
Number
Expenditures
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Total Federal Expenditures for this Fiscal Year
Printed Name Title (Must be CFO, CEO or equivalent)
8t�-335,-9(4L2� 9-(y-LOIN
Authorized Si n u e CF o equivalent) Phone Number Date
Failure to submit thi's/or a similar statement or failure to submit a completed single
audit package as described in the federally required audit requirements described in OMB
Circulars A-133 by the required due date may result in suspension of funding and may
affect eligibility for future funding. Notwithstanding the above, this certification
acknowledges the agency's commitment to meet all other financial reporting, financial
statements, and other audit requirements as may be set forth in the contract.
YMCA of Metropolitan Fort Worth
School Age Child Care
EXHIBIT E
CONFLICT OF INTEREST
All Applicants
The standards in OMB Circular A.I 10, Subpart C, provide that no employee, officer, or agent shall participate in the
selection, award, or administration of a contract supported by Federal funds if real or apparent conflict of interest would
be involved. Such a conflict would arise when an employee, officer, or agent, any member of his or her immediate
family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has
a financial or other interest in the firm selected for an award.
CDBG and HOME Applicants Only
The CDBG regulations at 24 CFR 570 570.611 and HOME regulations at 24 CFR 92.356 provide that no person who is
an employee, agent , consultant, officer, or elected official or appointed official of the recipient or Subrecipient that are
receiving CDBG or HOME funds and (1) who exercises or has exercised any functions or responsibilities with respect to
activities assisted with CDBG funds; or (2) who is in a position to participate in a decision -making process or gain inside
information with regard to these activities, may obtain a financial interest from a CDBG-assisted or HOME -assisted
activity, or have any interest in any contract, subcontract, or agreement with respect thereto, or the proceeds, thereunder,
either for themselves or those with who they have family or business ties, during their tenure or for one (1) year
thereafter.
IF NO CONFLICTS EXIST, COMPLETE THE FOLLOWING:
I certify that no conflict of interest exists between The City of Fort Worth and
(YMCA of Metropolitan Fort Worth)
I certify that no conflict of interest exists between the subcontractors of and
(Name of Organization)
IF THERE IS A CONFLICT, COMPLETE THE FOLLOWING:
I certify that a conflict of interest does exist between The City of Fort Worth and
(Name of Organization)
I certify that a conflict of interest does exist between
and
(Name of subcontractor)
(Name of Organization)
Describe the nature of the conflict of interest below: (Please identify the individual, employment, and the conflict or potential conflict [their affiliation with your
Signature of Authorized Agency Official
YMCA of Metropolitan Fort Worth, Director of Child Care Service�� r
Typed Name and Title
Attachment I
CITY OF FORT WORTH
HOUSING AND ECONOMIC DEVELOPMENT DEPARTMENT
COMPLIANCE DIVISION
REQUEST FOR FUNDS
AGENCY: YMCA of Metropolitan Fort Worth
ADDRESS: 512 Lamar St., Suite 400
Fort Worth, Texas 76102
SECTION I (AGENCY)
1. Reimbursement Request
A. Expenditures:
B. Reimbursement
2. Requested By:
A. Agency
PROGRAM:
CONTRACT NUMBER:
CONTRACT AMOUNT:
CONTRACT DATE:
DATE OF REQUEST:
IDIS NUMBER:
C�iil�:�1►)f rul�It;11Y;1
YMCA of Metropolitan Fort Worth
(Name) (Signature)
SECTION II (CITY)
1. BUYSPEED -Purchasing Request
A. BUYSPEED INPUT: Vendor/PO Number/Requisition Number:
B. Fund/Account/Center:
C. Total Amount of this Request:
SECTION III (CITY)
1. Verification
A. Development Project Coordinator
B. Accounting
2. Authorization
A. Housing Program Manager
B. Sr. Admin. Services Mgr
C. Director
Ryan Haden
(Name)
(Name)
Mark Folden
(Name)
Socorro Gray
(Name)
Jesus Chapa
(Name)
G R76/539120/017206350430
Distribution:
1 Copy -Accounting
1 Copy -Compliance
Note: Any Request for Funds that exceeds $25,000 requires the Director's signature
(Signature)
(Signature)
(Signature)
(Signature)
School Age Child Care
$451000
6/1 /2010
CUMULATIVE
(Date)
(Date)
(uate)
(Date)
(Signature) (Date)
Attachment II
CITY OF FORT WORTH
HOUSING & ECONOMIC DEVELOPMENT DEPARTMENT
COMPLIANCE DIVISION
DETAIL STATEMENT OF COSTS
YMCA of Metropolitan Fort Worth
AGENCY CONTRACT NO.
School Age Child Care TO
PROGRAM REPORT PERIOD
DATE
COST CATEGORY
ACCOUNT
PROGRAM
BUDGET
MONTHLY
EXPENDITURES
CUMULATIVE
TO DATE
BALANCE
PERSONAL SERVICES
Salaries
516 010
FICA
518 010
Life Insurance
518 050
Health Insurance
518 060
Unemployment Tax- State
518 090
Worker's Comp
518 040
Retirement
518 070
SUPPLIES
Office Supplies
521 010
Postage
521 020
Teaching Aids (Equipment)
522 030
Food Supplies
522 030
Other Operating Supplies
523 300
CONTRACTUAL SERVICES
Telephone
535 040
Electric
535 020
Gas[Utility]
535 010
Water/Waste Disposal
535 030
Rent[Building]
537 010
Custodial Services
539 220
Office Equipment Rental
537 030
Printing
533 030
Repairs
536 010
Fidelity Bond
538 210
Liability Insurance
534 020
Legal & Accounting
538 050
Private Auto Allowance- Local
532 130
Advertising
533 010
Conferences & Seminars
531 180
Contractual Services
539 120
CAPITAL OUTLAY
Furniture Fixtures
541 330
Office Equipment, Computers,
541 370
Other Equipment
541 320
TOTAL
$0.00
$0.00
$0.00
$0.00
Contractor's Certification: I certify that the costs incurred are taken from the books of account and that such costs are valid
anA consistent with the terms of the agreement.
NAME and TITLE OF AUTHORIZED OFFICER SIGNATURE and DATE
PREPARE ONE FORM FOR EACH SOURCE OF FUNDS
DISTRIBUTION:
1 Copy -Accounting
1 Copy -Compliance
1 Copy -Agency
Attachment III
CITY OF FORT WORTH
HOUSING & ECONOMIC DEVELOPMENT DEPARTMENT
COMPLIANCE DIVISION
EXPENDITURES WORKSHEET
YMCA of Metropolitan Fort Worth �
Agency Date
School Age Child Care
Program
To
Report Period
NO
DATE
CHECK NO
PAYEE
DESCRIPTION
ACCOUNT NO.
AMOUNT
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
TOTAL
$0000
TITLE OF AUTHORIZED OFFICER SIGNATURE AND DATE
CITY OF FORT WORTH
HOUSING AND ECONOMIC DEVELOPMENT DEPARTMENT
COMPLIANCE DIVISION
CDBG YEAR XXXVI
Name and Address of Sub -Grantee
/1CA of Metropolitan Fort Worth 2. Program Name
12 Lamar St., Suite 400
3. Contract No.
Worth, Texas 76102
4. Date of Request
Month &Year
Program Services and Activities
Current Month Cumulative
of New
Ids and/or
Served
Month
ulative
School Age Child Care
Extremely Low Very Low Income Low Income
Income (0<30%) (31-50%) (51-80%) Above Low Income
Attachment IVa
Household Size 1 2 3 4 5 6 7 8
W076 $141150 $16, 200 4)18, 200 $20, 200 4)21, 850 4)23, 450 $25, 050 $26, 700
31-50% $23,600 $27,000 $30,350 $33,700 $36,400 $39,100 $41,800 $443500
51-80% $37,750 $43,150 $48,550 $53,900 $58,250 $62,550 $66,850 $71,150
The undersigned, hereby, gives assurance that to the best of my
F90*031 Mike
knowledge and belief, the data included
in this
report is true and accurate. It is also
i that the provision of false information
could leave the certifying
official subject
to the penalties of federal,
state,
and local law.
Date: Submitted by:
Si
CITY OF FORT WORTH
HOUSING AND ECONOMIC DEVELOPMENT DEPARTMENT
COMPLIANCE DIVISION
CDBG YEAR XXXVI
Name and Address of Sub -Grantee
9CA of Metropolitan Fort Worth 2. Program Name School Age Child Care
512 Lamar St., Suite 400
IT.7ii
76102
Direct Benefit Data (New Household and /or Persons
Current Month Cumulative
White
Black/African
tmerican
ndian/Alaskan Native
ific Islander
Indian/Alaskan Native
& White
& White
BlacklAfrican
ndian/Alaskan Native
4 Black African
Multi -Racial
Female Head of Household
rrent Month
mulative
law.
3. Contract No.
4. Date of Request
Month &Year
C
Attachment IVb
n:
The undersigned, hereby, gives assurance that to the best of my knowledge and belief, the
data included
in this report is true
and
It
is also acknowledged that the provision
of false information could leave the certifying official
subject
to the
penalties of federal,
state, and
Submitted by:
I��T•7Ta►t
Ethnicity- Report whether client identifies themselves as Hispanic or Non -Hispanic
Race- Identify the category chosen by the client
CITY OF FORT WORTH Attachment V
HOUSING AND ECONOMIC DEVELOPMENT DEPARTMENT
COMPLIANCE DIVISION
CDBG YEAR XXXVI
Agency/Address 2. Program Name: School Age Child Care
YMCA of Metropolitan Fort Worth 3. Contract No: Contract Date: June 1, 2010
Contract Amount:_ $45,000
4. Date of Request:
Month &Year
5. PROGRAM SERVICES AND ACTIVITIES: CURRENT CUMULATIVE
**Goals listed on Contract Exhibits A&B should be listed here.
Total CDBG children served
Total CDBD units
6. SCOPE OF WORK NARRATIVE.
7. PROBLEMS ENCOUNTERED / SOLUTIONS PROPOSED:
8. ANTICIPATED ACTIVITY DURING THE NEXT MONTH:
Certification:
The
undersigned, hereby, gives assurance
that to the best of my knowledge and belief, the data included
in this report is true
and accurate.
It is
also acknowledged that the provision
of false information could leave the certifying official subject to
the penalties of
federal, state,
and
local law.
Date: Submitted Bv: Phone No.
Signature Required
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iVI&C Review � Page 1 of 5
Official site of the City of Fort Worth, Texas
CITY COUNCIL AGENDA FORTH
COUNCIL ACTION: Approved on 8/17/2010 -Ord. No. 19276-08-2010
DATE: 8/17/2010 REFERENCE C-24401 LOG NAME: 171011 GRANTACT
NO..
CODE: C TYPE: CONSENT HEARING: NO
SUBJECT: Authorize Budget Amendments to the City's 2010-2011 Action Plan for the Use of Grant
Funds from the United States Department of Housing and Urban Development Under its
Community Development Block Grant, HOME Investment Partnerships Program,
Emergency Shelter Grant and Housing Opportunities for Persons with AIDS Program
Authorize Execution of Related Contracts and Interdepartmental Letters of Agreement for
Program Year 2010-2011 and Adopt Appropriation Ordinance (ALL COUNCIL
DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize budget amendments to the City's 2010-2011 Action Plan for use of grant funds totaling
$632,506.00 from the United States Department of Housing and Urban Development due to changes
in available federal grant funding;
2. Authorize the City Manager, or his designee, to execute contracts for a one year term for federal
grant funds for Program Year 2010-2011 for Community Development Block Grant, Emergency
Shelter Grant and Housing Opportunities for Persons with AIDS grant funds, contingent upon receipt
of funding from the United States Department of Housing and Urban Development;
3. Authorize the City Manager, or his designee, to extend or renew the contracts for up to one-year if
an agency requests an extension and such extension is necessary for completion of the program;
4. Authorize the City Manager, or his designee, to amend the contracts, if necessary, to achieve
program goals, provided any amendment is within the scope of the program and in compliance with
all applicable laws and regulations governing the use of federal grant funds; and
5. Adopt the attached appropriation ordinance increasing the estimated receipts and appropriation to
the Grants Fund in the total amount of $632,506.00 ($587,282.00 increase in Community
Development Block Grant funds, $14,841.00 decrease in HOME Investment Partnerships Program
funds, $1,746.00 increase in Emergency Shelter Grant funds and $58,319.00 increase in Housing
Opportunities for Persons with AIDS funds), all subject to receipt of these grants.
DISCUSSION:
On April 13, 2010, the City Council approved the City's Action Plan for use of federal grant funds from
the United States Department of Housing and Urban Development (HUD) under the Community
Development Block Grant (CDBG), HOME Investment Partnerships Program (HOME), Emergency
Shelter Grant (ESG) and Housing Opportunities for Persons With AIDS Program (HOPWA) (M&C G-
16884).
Budgets in the Action Plan were based on prior year's grant allocations from HUD and City Council
was informed that staff would return with updated budget recommendations if necessary. HUD
subsequently published its 2010-2011 Entitlement Fund Allocations which resulted in a net increase
of $632,506.00 in the City's funding for its 2010-2011 Action Plan as detailed in the following table:
http://apps.cfwnet.org/council�acket/mc_review.asp?ID=13852&councildate=8/17/2010 9/29/2010
VI&C Review
Page 2 of 5
Grant Fundin
Source
Ori mal 2010-2011
Action Plan �
Final HUD Entitlement
Allocation for 2010-2011
Difference
CDBG �
$6,743,925 �
$7,331,207
$587,282
HOME �
$3,216,778 �
$3,201,937
($14,841)
ESG
$ 294,481
$ 296,227
$ 1,746
HOPWA
$ 892,529
$ 950,848
$ 58,319
TOTAL �
$11,147,713
$11,780,219
$632,506
Staff developed recommendations for the allocation of the actual funding from HUD and presented
them to the Community Development Council (CDC) on April 14, 2010. The CDC concurred with
staffs recommendation as shown in the following table:
Grant
Funding
Source
i•e'
HOME
ESG
HOPWA
Eligible Activity,
Service or Program
Anticipated
Grant
Funding
Budget
Recommended
Grant Budget
Change
Recommended
Final Grant
Budget
Neighborhood Street
reconstruction
projects located
$0
$381,733
$381,733
throughout the City in
CDBG eligible areas
$133,092
Housing Counseling
$45,000
�88,092
Services
Administration of
CDBG and HOME
$1,382,785
$117,456
$1,500,241
programs
Community Housing
Development
$482,517
($2,227)
$480,290
Organization (CHDO)
Project Funds
Targeted
Neighborhood Infill
Housing
$500,000
($11,130)
$488,870
Development -Terrell
Heights
Program
Administration (10
$321,677
($1,484)
$320,193
percent Cap)
Presbyterian Night
$181 561
$1,746
$183,307
Shelter
'
AIDS Outreach
Center
$428,952
$19,439
$448,391
Catholic Charities -
Lady Hogan Project
$64,652
$19,439
$84,091
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M&C Review
Page 3 of 5
A 30-day public comment period on the budget revisions was held from June 11, 2010 to July 12,
2010. Any comments will be maintained by the Housing and Economic Development Department in
accordance with federal regulations.
The revised Action Plan allocates $1,131,780.00 in CDBG funds to public services activities including
child care, youth and senior services and other housing related services that benefit primarily low and
moderate income or disabled and disadvantaged populations. It also allocates $924,071.00 in
HOPWA funds to non-profit organizations providing housing and supportive services to persons with
AIDS and allocates $281,503.00 in ESG funds to homeless services providers and local emergency
shelters. In accordance with HUD recommendation, interdepartmental letters of agreement
executed by the respective department heads will be used to govern all grant -funded activities
implemented by City departments. All contracts and interdepartmental letters of agreement will
authorize reimbursement of eligible costs as of their initial dates.
The CDC and staff recommend that contracts be executed with the agencies listed below in the
amounts shown in the following table:
Community Development Block Grant
Organization Amount
AB Christian Learning Center -Stop Six Community Go Center $20,000.00
Boys and Girls Club of Greater Fort Worth-Estrellas $14,400.00
Cenikor Foundation -Substance Abuse Services/Homeless $21,000.00
Child Care Associates -Child Care $117,000.00
CJ's Studio of Performing Arts -Dance Studio $10,886.00
Clayton YES -Greenbrier Preschool $18,000.00
Clayton YES -School Aged Child Care $54,000.00
Cook Children's Health Care System -Save a Smile $21,870.00
Cornerstone Assistance -New Life Center $15,297.00
Cultural Center of Americas-GED/Adult Literacy in Spanish $18,070.00
Day Resource Center for the Homeless $50,000.00
EFW Montessori School, Inc. -Montessori Child Care $20,000.00
Fort Worth Housing Authority-Amaka Child Care Center $27,000.00
Girls, Inc., of Tarrant County -Girl Power $12,600.00
JMAC Youth Center of Tarrant County $25,000.00
The Ladder Alliance -Employment Training $20,000.00
Latin Arts Association, d/b/a Artes de la Rosa- After School Drama Program $20,000.00
Meals on Wheels, Inc., of Tarrant County -Home Delivered Meals $33,696.00
Mental Health Association of Tarrant County -Ombudsman Program $15,750.00
Mental Health Association of Tarrant County -Mental Health Advocate $22,275.00
Northside InterChurch Agency -Good Works/Buenas Obras $21,092.00
REACH, Inc. -Project Ramp $50,000.00
Salvation Army - S.T.A.R.T. Program $20,000.00
Senior Citizens Services -Como Senior Center $18,000.00
Senior Citizens Services -Diamond Hill Senior Center $18,000.00
Senior Citizens Services -Doc Session Senior Center $16,000.00
Tarrant Area Food Bank -Community Kitchen $18,000.00
United Community Centers -Crisis Intervention Program $16,200.00
YMCA of Metropolitan -School Age Child Care $45,000.00
http://apps.cfwnet.org/council�acket/mc review.asp?ID=13852&councildate=8/17/2010 9/29/2010
i'vI&C Review Page 4 of 5
YWCA -My Own Place $17,628.00
YWCA -Child Development Program $135,000.00
CFW Housing and Economic Development -Housing Counseling and $133,092.00
Foreclosure Prevention
CFW Parks and Community Services -Como Kids After -School Program $25,000.00
CFW Parks and Community Services - Northside Community Action $25,724.00
Partners (CAP)
CFW Parks and Community Services -Woodhaven After School Enrichment $16,200.00
Program
TOTAL CDBG $1,176,780.00
Emergency Shelter Grant
Organization Amount
Presbyterian Night Shelter -Emergency Shelter $183,307.00
SafeHaven of Tarrant County -Shelter Operations $20,000.00
SafeHaven of Tarrant County -Supportive Childcare $15,157.00
YWCA Fort Worth and Tarrant County -Supportive Living $13,039.00
City of Fort Worth PACSD-SHIPP $50,000.00
TOTAL ESG $281,503.00
Housing Opportunities For Persons With AIDS
Organization Amount
AIDS Outreach Center-HOPWA $448,391.00
AIDS Resources of Rural Texas-HOPWA $102,778.00
Catholic Charities -Lady Hogan Project $84,091.00
Tarrant County Samaritan Housing, Inc. -Supportive Services $288,811.00
TOTAL HOPWA $924,071.00
These programs are available in ALL COUNCIL DISTRICTS.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above
recommendations and adoption of the attached appropriation ordinance, funds will be available in the
current operating budget, as appropriated, of the Grants Fund, contingent upon approval and receipt
of adequate funding from HUD for the term beginning June 1, 2010 and ending May 31, 2011.
TO Fund/Account/Centers
FROM Fund/Account/Centers
GR76 539120 017206460XXX $1.131,780.00
GR76 539120 017206463XXX $281,503.00
GR76 539120 017206464XXX $924,071.00
GR76 451727 017206460XXX $587,282.00
GR76 539120 017206460XXX $587,282.00
GR76 451727 017206461XXX ($14,841.00�
GR76 539120 017206461XXX ($14,841.001
GR76 451727 017206463XXX $1,746.00
GR76 539120 017206463XXX $1.746.00
GR76 451727 017206464XXX $58,319.00
GR76 539120 017206464XXX $58.319.00
http://apes.cfwnet.org/council�acket/mc_review.asp?ID=13852&councildate=8/17/2010 9/29/2010
M&C Review
Page 5 of 5
Submitted for City Manager's Office bv:
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
171011 GRANTAC AO.doc
Tom M. Higgins (6192)
Jesus Chapa (5804)
Mark Folden (8634)
http://apps.cfwnet.org/council�acket/mc review.asp?ID=13852&councildate=8/17/2010 9/29/2010