HomeMy WebLinkAboutContract 51951-A1 CSC No.51951-A1
FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 51951
WHEREAS, the City of Fort Worth ("City") and Trinity Habitat for Humanity (hereafter
"Agency"), made and entered into City Secretary Contract No. 51951 ("Contract") effective January 1,
2019;
WHEREAS, the Contract provides funding to Agency pursuant to a grant received by City from
the United States Department of Housing and Urban Development ("HUD") through the Community
Development Block Grant Program ("CDBG"), Program No. B-18-MC-48-0010, Catalog of Federal
Domestic Assistance No. 14.218;
WHEREAS,the Contract was set to expire oil June 30,2020;
WHEREAS, the City Council authorized the City Manager or his Designee to extend the Contract
for an additional period of time if necessary for completion of the Program (M&C G-19326);
WHEREAS, the Agency requested an extension of the Term of the Contract to expend remaining
CDBG Funds for the repair of additional homes required for completion of the Program and the City agreed
to such extension; and
WHEREAS, it is the mutual desire of City and Agency to amend the Contract to complete the
Program and meet Contract objectives.
NOW, THEREFORE, City and Agency hereby enter into this Amendment to memorialize the
Parties' agreement to amend the Contract as follows:
1.
Section 3 TERM is hereby deleted and replaced with the following language:
3.TERM,
The term of this Contract begins on the Effective Date and terminates on March 31,2021,unless
earlier terminated as proved in this contract.
Section 5.2.4 Payment of CDBG Funds to Agency is hereby deleted and replaced with the following
language:
5.2.4 Payment of CDBG Funds.
CDBG Funds will be disbursed to Agency upon City's approval of Reimbursement Requests
including submission of Complete Documentation to City in compliance with Section 9. If Agency
expends all funds budgeted for the Program prior to March 31, 2021, City may hold back a small amount
of the CDBG fiends until the end of the term. During this interim period, Agency must continue to submit
Attachment III-Client Data Report in Exhibit"D"—Reimbursement Forms monthly. It is expressly
agreed by the Parties that any CDBG Funds not spent or approved for reimbursement to Agency shall
remain with City.
II.
All terms and conditions of the Contract not amended herein remain unaffected and in fitll force
and effect, are binding on the Parties and are hereby ratified by the Parties. Capitalized terms not defined
herein shall have the meanings assigned to them in the Contract. OFFICIAL RECORD
CITY SECRETARY
Amendment No. I to CSC No.S 1951 Page
Trinity Habitat for Humanity Preserve A Home(Ash Crescent) FT.WORTH, TX
III.
This Amendment is effective immediately upon execution. .
[SIGNATURES APPEAR ON FOLLOWING PAGE]
Amendment No. E to CSC No.51951 page 2
Trinity Habitat for Humanily Preserve A Home(Asir Creseent)
ACCEPTED AND AGREED:
TRINITY HABITAT FOR HUMANITY CITY OF FORT WORTH
<<--
By: By.Fernando Costa(Nov 9,2020 08:29 CST)
Gage ager EO Fernando Costa,Assistant City Manager
ATTEST: p�.o °�oR��o�adP RECOMMENDED BY:
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BY °aa °r°°°°°5°qp� By:
Mary J. Kayser, City Secretary a��nFxp4b Victor Turner,Director of Neighborhood
M&C: G-19326 Services
June 26,2018
1295 Certification No. 2019-54743
Date: October 3, 2019
APPROVE AS TO FORM AND LEGALITY:
-J&4
Bydo Pate(No 9,T02008:26 CST)
Jo Ann Pate,Assistant City Attorney
CONTRACT COMPLIANCE MANAGER:
By signing, I acknowledge that I am the person responsible
for the monitoring and administration of this contract, including
ensuring all performance and reporting requirements.
Barbara Aky4
Barbara Asbury(Oct 29,202010:50 CDT)
Barbara Asbury
Compliance and Planning Manager
Signature: Signature:
Email: gage.yager@trinityhabitat.org Email: Barbara.Asbury@fortworthtexas.gov
Signature: Signature;
Email: victor.turner@fortworthtexas.gov Email; jo.pate@fortworthtexas.gov
Signature: Signature:
Email: Fernando.Costa@fortworthtexas.gov Email: Mary,Kayser@fortworthtexas.gov
OFFICIAL RECORD
CITY SECRETARY
Amendment No. I to CSC No.51951 FT.WORTH, TX Page 3
Trinity Habitat for Humanity Preserve A Home(Ash Crescent)
III
CCNYor�TO 51961
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STATE OF TEXAS §
COUNTY OF TARRANT §
This contract("Contract")is made and entered into by and between the City of Fort Worth
(hereafter"City") and Trinity Habitat for Humanity(hereafter"Agency"). City and Agency may
be referred to individually as a"Party"and jointly as"the Parties".
The Parties state as follows:
WHEREAS, City receives grant monies from the United States Department of Housing
and Urban Development through the Community Development Block Grant("CDBG")Program,
Program No.B-18-MC-48-0010,Catalog of Federal Domestic Assistance No. 14.218;
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WHEREAS, a national objective of the CDBG program is to benefit low and moderate
income citizens in accordance with 24 CFR Part 570,as amended from time to time;
WHEREAS, Agency submitted a proposal to use CDBG funds for a program to serve
individuals and families, 100% of whom must be low and moderate income;
WHEREAS, City citizens, the Community Development Council, and the City Council
have determined that CDBG programs are needed by the City's citizens.
NOW,THEREFORE,the Parties understand and agree as follows:
1. INCORPORATION OF RECITALS.
City and Agency hereby agree that the recitals set forth above are true and correct and form
the basis upon which the Parties have entered into this Contract.
2. DEFINITIONS.
In addition to terms defined in the body of this Contract,the terms set forth below shall
have the definitions ascribed to them as follows:
Area Median Income or AMI means the median family income for the Fort Worth-Arlington
metropolitan statistical area as established annually by HUD. The 2017 income limits are
attached hereto as EXHIBIT"A-1"—2018 HUD Income Limits.
Business Diversity Enterprise Ordinance or BDE means the City's Business Diversity
Ordinance, Ordinance No.20020-12-2011.
CDBG means Community Development Block Grant.
Complete Documentation means the following documentation as applicable:
J<<� Attachments I,H,and III,with supporting documentation including:
o Proof of expense: copies of timesheets, invoices, leasos; ;�
construction/vendor contracts or other documentation she Y*A +A - o
is due by Agency. CV!' 9CET '
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o Proof of payment: cancelled checks, bank statements, or wire transfers
necessary to demonstrate that amounts due by Agency were actually paid by
Agency.
o Proof of client eligibility:Source Documentation for all clients participating
in the Program.
• Complete Documentation shall meet the standards described in the attached
EXHIBIT"F"-Standards for Complete Documentation.
• Any other document or record reasonably necessary to verify costs spent and client
eligibility for the Program.
CDBG Funds means the CDBG grant funds supplied by City to Agency under the terms of this
Contract.
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CDBG Regulations means regulations found at 24 CFR Part 570 et seq.
DBE means disadvantaged business enterprise in accordance with 49 CFR Part 26.
Director means the Director of the Neighborhood Services Department.
Effective Date means January 1,2019.
HUD means the United States Department of Housing and Urban Development.
IDIS means Integrated Disbursement Information System,HUD's project tracking system.
Income Eligible Client means a client whose annual income adjusted for family size does not
exceed 80% of AMI using the most current HUD Income Guidelines and Technical Guidance for
Determining Income and Allowances. The definition of annual income to determine client income
eligibility shall be the definition contained in 24 CFR Part 5.609,as amended from time to time.
National Objective means an activity that benefits low and moderate income persons. For the
purposes of this Contract, 100% of the clients served by the Program must be Income Eligible
Clients.
Neighborhood Services Department means the City's Neighborhood Services Department.
OMB means the Office of Management and Budget.
Program means the services described in EXHIBIT"A"—Program Summary.
Reimbursement Request means all reports and other documentation described in Section 9.
Source Documentation means documentation of full household income of any type described
under the definition of annual income in 24 CFR Part 5.609,including but not limited to copies of
paychecks,Social Security and disability verification letters,interest or rental income statements,
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retirement income statements, child support and alimony verification, unemployment benefit
letters, and the like.
Unduplicated Clients means a count of all clients served by the Program at least once in the
Contract Term. Clients served by the Program more than once in the Contract Term will only be
counted the first time they are served when determining the total count of Unduplicated Clients,
3. TERM.
The term of this Contract begins on the Effective Date and terminates on .Tune 30,2020
unless earlier terminated as provided in this Contract.
4. DUTIES AND RESPONSIBILITIES OF CITY.
4.1 Provide CDBG Funds.
City shall provide up to $400,000.00 of CDBG Funds under the terms and conditions of
this Contract for Agency's Preserve A Home Program.
4.2 Monitor.
City will monitor the activities and performance of Agency and any of its contractors,
subcontractors or vendors as necessary,but no less than annually. Monitoring by City will include
determining whether Agency is meeting the National Objective during the term of this Contract.
5. DUTIES AND RESPONSIBILITIES OF AGENCY.
5.1 Required Services.
Agency shall perform the services described in EXHIBIT "A"—Program Summary in
accordance with the terms and conditions of this Contract.
5.2 Use of CDBG Funds.
5.2.1. Compliance with CDBG Regulations and Contract.
Agency shall be reimbursed for eligible Program costs with CDBG Funds only if City
determines in its sole discretion that:
5.2.1.1 Costs are eligible expenditures in accordance with CDBG Regulations.
5.2.1.2 Costs are in compliance with this Contract and are reasonable and
consistent with industry norms.
5.2.1.3 Complete Documentation, as applicable, is submitted to City by
Agency.
5.2.2 Bud et.
5.2.2.1 The CDBG Funds will be paid on a reimbursement basis in accordance
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with EXFIIBIT"B"-Budget.
5.2.2.2 During the term of this Contract, Agency may submit written requests
to increase or decrease line-item amounts in the Budget, including an
explanation of why such increases or decreases are necessary. All
requests shall be approved by Director in writing, with such approval
being in the Director's sole discretion. If Director approves the
Agency's proposed Budget amendment (as approved, the "Amended
Budget"),then the Amended Budget will take effect on the first day of
the month following the month in which it was approved by Director,
unless otherwise specified in the amendment. All requests for Budget
amendments must be submitted by June 1,2019,
5.2.3 Chanae in Program Budget.
5.2.3.1 Agency will notify City promptly of any additional funds it receives for
operation of the Program, and City reserves the right to amend this
Contract in such instances to ensure compliance with HUD regulations
governing cost allocation.
5.2.3.2 Agency agrees to utilize the CDBG Funds to supplement rather than
supplant funds otherwise available for the Program.
5.2.4 Payment of CDBG Funds to Ageney.
CDBG Funds will be disbursed to Agency upon City's approval of Reimbursement
Requests including submission of Complete Documentation to City in compliance with Section 9.
If Agency expends all funds budgeted for the Program prior to June 30,2020,City may hold back
a small amount of the CDBG Funds until the end of the term. During this interim period,Agency
must continue to submit Attachment III—Client Data Report in EXHIBIT I'D"—Reimbursement
Forms monthly. It is expressly agreed by the Parties that any CDBG Funds not spent or approved
for reimbursement to Agency shall remain with City.
5.3 Program Performance Milestones.
5.3.1 Agency represents that the Program will achieve the following milestones in
accordance with EXHIBIT"A"—Program Summary and the table below:
Unupl � ' ieas
Ysrt 4-
MU
8 50% 50%
16 100% 100%
5.3.2 Failure of Agency to meet these milestones or a material deviation from them as
outlined in this Section 5.3 is a breach of this Contract. For the purpose of this Section,"material
deviation"shall mean more than 10% lower than the specified goal. In the event of such breach,
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City reserves the right in its sole option to (i) delay or withhold payment of Reimbursement
Requests,(ii)dower Agency's allocation of CDBG Funds,or(iii)terminate this Contract.
5.3.3 Failure to meet at least 80%of its performance milestones or serve 24 Unduplicated
Clients under this contract may, in City's sole discretion, disqualify Agency for consideration
under the City's Request for Proposals for subsequent Program Years for federal grant funds.
5.3.4 Amendments to performance milestones regarding CDBG funds must be approved
by the Director in writing,with such approval being in the Director's sole discretion. If Director
approves the Agency's proposed amended performance milestones (as approved, the"Amended
Performance Milestones"),then the Amended Performance Milestones will take effect on the
first day of the month following the month in which it was approved by Director,unless otherwise
specified in the amendment. All requests for amendments to performance milestones must be
submitted by September 30,2019. Notwithstanding the above,any amendments to this Contract
shall not reduce the number of Unduplicated Clients stated in Section 5.3.3 and in EXHIBIT"A"
-Program Summary.
54 Identify Program Expenses Paid with CDBG Funds.
Agency will keep accounts and records in such a manner that City may readily identify and
account for Program expenses reimbursed with CDBG Funds. These records shall be made
available to City for audit purposes and shall be retained as required hereunder.
5.5 Meet National Objective,
Agency shall ensure that the activities carried out in the Program will meet the National
Objective.
5.6 Program Subcontracts.
Agency shall not enter into a subcontract with another agency, contractor, or vendor to
provide a service to clients for any part of the Program that will be paid with CDBG Funds without
City's written consent.
6. CLIENT ELIGIBILITY VERIFICATION.
6.1 Client Eligibility.
Agency will document client eligibility as follows:
6.1.1 Agency Clients.
Agency must verify all new clients' income with Source Documentation. Agency must
use the annual income definition in 24 CFR Part 5.609 to establish client income and must use the
most current HUD Income Guidelines. The income of all Program clients must be documented
and 100% of them must be Income Eligible Clients.
6.1.1.1 All Program clients must be reported on EXHIBIT I'D" —
Reimbursement Forms, Attachment III. Any Agency clients for
which the appropriate Source Documentation is not obtained shall be
presumed ineligible.
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6.2 Submission of Complete Documentation.
Agency must submit copies of documentation of client eligibility described in Section 6.1
with Attachment III with each month's Reimbursement Request for all Unduplicated Clients.
6.3 Maintain Documentation.
Agency must maintain copies of all documentation required by this Section 6 for 5 years
following the expiration of the Contract term. This Section shall survive the earlier termination
or expiration of this Contract.
7. ADDITIONAL CDBG REQUIREMENTS.
Agency agrees to comply with all requirements of the CDBG Program as stated in the
CDBG Regulations,including but not limited to the following;
7.1 Environmental Review.
CDBG Funds will not be paid,and costs cannot be incurred on a given site until City has
conducted an environmental review and completed an Environmental Review Record for that site
as required by 24 CFR Part 58. The individual environmental reviews may result in a decision to
proceed with, modify, or cancel the funding for the Program. Further, Agency will not
undertake or commit any funds to physical or choice limiting actions as described in any
applicable federal regulations. Any violation of this provision will (i) cause this Contract to
terminate immediately, and (ii) require Agency to repay City the CDBG Funds it has already
received and forfeit any future payments of CDBG Funds.
7.1.2 Environmental Mitigation.
If applicable, Agency must take the mitigation actions outlined in EMBBIT "A 2" —
Lead-Safe I Preserve A Home Program Partnership Environmental Review Process. Failure
to complete the required mitigation action is an event of default under this Contract.
7.2 Contract Not Constituting Commitment of Funds.
Notwithstanding any provision of this Contract, the Parties agree and acknowledge that
this Contract does not constitute a commitment of funds, and that such commitment of funds or
approval may occur only upon(i)satisfactory completion of an environmental review and receipt
by City of an authorization to use grant funds from HUD under 24 CFR Part 58, (ii) approval of
City's 2018-2019 and 2019-2020 Action Plans respectively, and (iii) receipt by City of a grant
agreement from HUD.
7.3 Monitoring.
7.3.1 Agency understands and agrees that it will be subject to monitoring by City for
compliance with terms and provisions of this Contract and the CDBG Regulations for the term of
this Contract. Agency is subject to such monitoring during tile, term of this Contract and for 5
years after the Contract term ends. Agency will provide reports and access to Program files as
requested by City during this 5 year period. For purposes of this Contract, this 5 year period for
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in
monitoring. is deemed. to begin immediately following the expiration or termination of this
Contract.
7.3.2 Representatives of City, HUD, HUD Office of Inspector General, and the United
States Comptroller General shall have access during regular business hours, upon 4$ hours prior
notice,to Agency's offices and records pertaining to the use of the CDBG Funds,and to Agency's
officers, directors,agents, employees, contractors, subcontractors and vendors for the purpose of
such monitoring.
7.3.3 In addition to other provisions of this Contract regarding frequency of monitoring,
City reserves the right to perform desk reviews or on-site monitoring of Agency's compliance with
the terms and conditions of this Contract. City shall provide Agency with a written report of the
monitor's findings after each monitoring visit. If the monitoring report notes deficiencies in
Agency's performance, the report shall include requirements for the timely correction of said
deficiencies by Agency. Failure by Agency to take the action specified in the monitoring;report
may be cause for suspension or termination of this Contract as provided herein.
7.3.4 Subsections 7.3.1 through 7.3.3 shall be applicable for the Contract term and for 5
years thereafter and shall survive the earlier termination or expiration of this Contract.
7.3.5 Agency shall provide City annually the results of any state or federal monitoring
of any of its programs and single audits. Such results shall be submitted within 60 days of
receipt of such state or federal monitoring report,or with the January Reimbursement Request,
whichever is earlier.
7.4 Aaeacv Procurement Standards.,
Agency shall comply with all applicable federal, state and local laws, regulations, and
ordinances for making procurements under this Contract. In addition to the conflict;of interest
provisions in Section 14.13.3, Agency shall establish written procurement procedures to ensure
that materials and services are obtained in a cost effective manner and that provide for full and
open competition.Agency;shall provide a copy of such procurement procedures to City before the
first payment for construction services is processed.When procuring materials and services for
this Contract,Agency shall comply at a minimum with the procurement standards in 2 CFR Part
200.317 through Part 200.326.
7.4.1 Contracts in excess of $10,000.00 made by Agency using CDBG Funds must
include provisions governing termination for cause and convenience including the manner by
which such termination shall be effected and the basis for settlement of the terminated contract, if
any, as required by Appendix II(B), 2 CFR Part 200.
7.4.2 Agency shall not make any contract with parties listed on the government wide
System for Award Management, www.sain.gov ("SAM"). Agency must confirm by search of
SAM that all contractors paid with CDBG Funds are not listed by SAM as being debarred, both
prior to contract execution and prior to submitting a Reimbursement Request which includes
invoices from any such contractor. Failure to submit such proofs of search shall be an event
of default.
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7.5 Cost Principles/Cost Reasonableness.
Agency shall administer its use of CDBG Funds in compliance with 2 CFR Part 200, as
applicable. The eligibility of costs incurred for performance rendered shall be determined in
accordance with 2 CFR Part 200.400 through 2 CFR Part 200.475.
7.6 Financial Management Standards.
Agency agrees to comply with 2 CFR Part 200,as applicable. Agency also agrees to adhere
to the accounting principles and procedures required therein,utilize adequate internal controls,and
maintain necessary supporting and back-up documentation for all costs incurred in accordance
with 2 CFR Part 200.302 and Part 200.303.
7.7 Uniform Administrative Requirements, Cost Principles, and Audit
Requirements.
Agency will comply with the Uniform Administrative Requirements,Cost Principles,and
Audit Requirements for Federal Awards in 2 CFR Part 200, as applicable, or any reasonably
equivalent procedures and requirements that City may require.
7.8 Terms Applicable to Contractors,Subcontractors and Vendors.
Agency understands and agrees that all terms of this Contract, whether regulatory or
otherwise,shall apply to any and all contractors,subcontractors and vendors of Agency which are
in any way paid with CDBG Funds or who perform any work in connection with the Program.
Agency shall cause all applicable provisions of this Contract to be included in and made a part of
any contract or subcontract executed in the performance of its obligations hereunder including its
obligations regarding the CDBG Regulations. Agency shall monitor the services and work
performed by its contractors, subcontractors and vendors on a regular basis for compliance with
the CDBG Regulations and Contract provisions. Agency must cure all violations of the CDBG
Regulations committed by its contractors, subcontractors or vendors. City maintains the right to
insist on Agency's full compliance with the terms of this Contract and the CDBG Regulations and
Agency is responsible for such compliance regardless of whether actions taken to fulfill the
requirements of this Contract are taken by Agency or by Agency's contractors, subcontractors or
vendors. Agency acknowledges that the provisions of this Section shall survive the earlier
termination or expiration of this Contract and shall be applicable for 5 years after the Contract term
ends.
7.9 Copyriaht and Patent Rights.
No reports,maps,or other documents produced in whole or in part under this Contract shall
be the subject of an application for copyright by or on behalf of Agency. HUD and City shall
possess all rights to invention or discovery,as well as rights in data,which may arise as a result of
Agency's performance under this Contract.
7.10 Conflict of Interest Disclosure.
In accordance with the requirements of Section 14.13.2.1 and 14.13.4, Agency shall
establish conflict of interest policies for federal awards. Agency shall disclose to City in writing
any potential conflict of interest.Additionally,all applicants for Agency services shall be required
to complete the attached conflict of interest form incorporated herein as Exhibit "K"—Conflict
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Form and disclose an potential conflict of interest to both Agency and City. If the
of Interesty p g Y h'
applicant checks "yes"to any items on the form, Agency must submit the form to its designated
Contract Administrator. City Compliance Specialist(s) will review information to determine
whether CDBG Conflict of Interest requirements will apply. The Contract Administrator will
notify Agency of appropriate next steps at that time.
7.11 Compliance with FFATA and Whistleblower Protections.
Agency shall comply with the requirements of 2 CFR 300(b), including provisions of the
Federal Funding Accountability and Transparency Act ("FFATX) 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.
7.11.1 Agency shall provide City with its DUNS number.
7.12 Internal Controls.
In compliance with the requirements of 2 CFR Part 200.303,Agency shall:
7.12.1 Establish and maintain effective internal control over the CDBG Funds that
provides reasonable assurance that Agency is managing the CDBG Funds in compliance with
federal statutes,regulations,and the terms and conditions of this Contract. These internal controls
shall be in compliance with guidance in "Standards for Internal Control in the Federal
Government" issued by the Comptroller General of the United States or the "Internal Control
Integrated Framework"issued by the Committee of Sponsoring Organizations of the Treadway
Commission'("COSO");
7.12.2 Comply with federal statutes, regulations, and the terms and conditions of this
Contract;
7.12.3 Evaluate and monitor Agency's compliance with statutes,regulations and the terms
and conditions of this Contract
7.12.4 Take prompt action when instances of noncompliance are identified including
noncompliance identified in audit findings; and
7.12.5 Take reasonable measures to safeguard protected personally identifiable
information and other information that HUD or City designates as sensitive or Agency considers
sensitive consistent with applicable federal, state, local and tribal laws regarding privacy and
obligations of confidentiality.
7.13 Lead Safe Housing Rule.
Agency will ensure compliance with the Lead Safe Housing Rule at 24 CFR Part 35, as
applicable. This includes but is not limited to Provision of Lead Hazard Information pamphlet,
use of Lead Certified contractors,use of Lead-Safe work practices, and clearance of the work site,
as applicable to the age of the housing unit and the extent of rehabilitation. Agency shall certify
that work affects only"de minimus"areas as appropriate to specific sites."de minimus"thresholds"
as defined by HUD are as follows:20 square feet(2 square meters)on exterior surfaces;2 square
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feet (0.2 square meters) in any one interior room; or 10 percent of the total surface area on an
interior or exterior type of component with a small surface area(such as window sills,baseboards,
and trim).Agency shall submit EXHIBIT "J" —Lead Safe Hazard Certification to City when
appropriate.
8. RECORD KEEPING; REPORTING AND DOCUMENTATION
REQUIREMENTS;AUDIT.
8.1 Record Keening.
Agency shall maintain a record-keeping system as part of its performance of this Contract
and shall promptly provide City with copies of any document City deems necessary for the
effective fulfillment of City's monitoring and evaluation responsibilities. Specifically, Agency
will keep or cause to be kept an accurate record of all actions taken and all funds spent, with
supporting and back-up documentation. Agency will maintain all records and documentation
related to this Contract for 5 years after the Contract term ends. If any claim,litigation,or audit is
initiated before the expiration of the 5 year period,the relevant records and documentation must
be retained until all such claims, litigation or audits have been resolved. For purposes of this
Contract, this 5 year period for record retention is deemed to begin immediately following the
expiration or termination of this Contract.
8.2 Access to Records.
Representatives of City,HUD and any duly authorized officials of the federal government
will have full access to, and the right to examine, audit, copy, excerpt and/or transcribe any of
Agency's records pertaining to all matters covered by this Contract for 5 years after the Contract
term ends. Such access shall be during regular business hours and upon at least 48 hours prior
notice. For purposes of this Contract,this 5 year period for access to records is deemed to begin
immediately following the expiration or termination of this Contract.
8.3 Reports.
Agency will submit to City all reports and documentation described in this Contract in such
form as City may prescribe. Agency may also be required to submit a final performance and/or
final financial report if required by City at the termination of this Contract in such form and within
such tunes as City may prescribe. Failure to submit to City any report or documentation described
in this Contract shall be an event of default of this Contract and City may exercise all of its
remedies for default under this Contract.
8.3.1 Additional Information.
Agency shall provide City with additional information as may be required by state or
federal agencies to substantiate Program activities and/or expenditure eligibility.
8.4 Chanee in Reporting Requirements and Forms.
City retains the right to change reporting requirements and forms at its discretion. City
will notify Agency in writing at least 15 days prior to the effective date of such change, and the
Parties shall execute an amendment to the Contract reflecting such change if necessary.
8.5 Audit.
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8.5.1 Entities that Expend$750,000 or more in Federal Funds Per Year.
All non-federal entities that expend $750,000 or more in federal funds within 1 year,
regardless of the source of the federal award, must submit to City an annual audit prepared in
accordance with specific reference to 2 CFR Part 200.501 through Part 200.521. The audit shall
cover the Agency's fiscal years during which this Contract is in force. The audit must be prepared
by an independent certified public accountant,be completed within b months following the end of
the period being audited and be submitted to City within 30 days of its completion. Agency's audit
certification is attached hereto as EXHIBIT 110 - Audit Certification Form and Audit
Requirements. The Audit Certification Form must be submitted to City prior to or with the first
Reimbursement Request. Entities that expend less than $750,000 a year in federal funds are
exempt from federal audit requirements for that year,but records must be available for review or
audit by appropriate officials of the federal agency,City, and General Accounting Office.
8.5.2 City Reserves the Riuht to Audit.
City reserves the right to perform an audit of Agency's Program operations and finances at
any time during the term of this Contract and for 5 years after the Contract term ends if City
determines that such audit is necessary for City's compliance with the CDBG Regulations or other
City policies. Agency agrees to allow access to all pertinent materials as described herein for such
audit. For purposes of this Contract, this 5 year period for City audit is deemed to begin
immediately following the expiration or termination of this Contract. If such audit reveals a
questioned practice or expenditure,such questions must be resolved within 15 business days after
notice to Agency of such questioned practice or expenditure. If questions are not resolved within
this period,City reserves the right to withhold further funding under this Contract and/or any other
contracts with Agency. IF AS A RESULT OF ANY AUDIT IT IS DETERMINED THAT
AGENCY HAS FALSIFIED ANY DOCUMENTATION OR MISUSED,MISAPPLIED OR
MISAPPROPRIATED CDBG FUNDS OR SPENT CDBG FUNDS ON ANY INELIGIBLE
ACTIVITIES, AGENCY AGREES TO REIMBURSE CITY THE AMOUNT OF SUCH
MONIES PLUS THE AMOUNT OF ANY SANCTIONS, PENALTY OR OTHER
CHARGE LEVIED AGAINST CITY BY HUD BECAUSE OF SUCH ACTIONS.
9. REIMBURSEMENT REQUIREMENTS.
9.1 Deadline for Submitting Reimbursement Requests.
9.1.1 Reimbursement Requests shall be submitted monthly to the City and must be
received by the City on or before the 151" day of the month following the month expenses were
paid by Agency. For example,the Reimbursement Request for June expenses must be received
by July 15. In the event the 15a' falls on a weekend or City holiday, Reimbursement Requests
shall be due the next day that the City is open for business. Failure to submit a Reimbursement
Request in a timely fashion may result, at the City's sole discretion, in City taking the actions
outlined in Section 10.1. NOTWITHSTANDING ANYTHING ABOVE, THE FINAL
REIMBURSEMENT REQUEST FOR EXPENSES INCURRED FOR JULY 2020 MUST
BE RECEIVED BY DUNE 1, 2020. COMPLETE DOCUMENTATION FOR ALL JULY
2020 EXPENSES MUST BE SUBMITTED BY JUKE 15,2019. FAILURE TO SUBMIT A
FINAL REIMBURSEMENT REQUEST WITH COMPLETE DOCUMENTATION BY
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JULY 15,2020 WILL RESULT IN AUTOMATIC FORFEITURE OF PAYMENT OF THE
JUNE 2020 REIMBURSEMENT REQUEST.
9.1.2 City will notify Agency by e-mail within 20 calendar days if a Reimbursement
Request is lacking Complete Documentation or corrections are needed. Agency will have 10
business days from the date of the a-mail notice to submit any requested information or missing
documentation. Agency may be penalized, at City's sole discretion, in the City's HUD Grant
Request for Proposal or Notice of Funding Availability (NOFA) process for the Program. Year
following the Contract term associated with this contract for any notifications received under this
Section. If Agency fails to submit all the required information or missing documentation within
30 calendar days from the first e-mail,Agency shall forfeit any payments otherwise due that month
and failure to submit any requested information will be considered an event of default as outlined
in Section 10.1.2.
9.2 Submission of Reimbursement Requests.
Agency shall provide City with Complete Documentation and the following reports
as shown in EXHIBIT"D"—Reimbursement Forms with each,Reimbursement Request:
9.2.1 Attachment I—Invoice.
This report shall contain the amount requested for reimbursement each month, the
cumulative reimbursement requested to date(inclusive of that mo nth's request).
9.2.2 Attachment II—Expenditure Worksheet.
This report shall itemize each expense requested for reirr►bursement by Agency and shall
include the Account corresponding the expense to a Budget line,item. In order for this report to
be complete the following must be submitted:
9.2.2.1 For payroll expenses,timesheets signer by employees and approved by
supervisor for all payroll expenses listed. Timesheets must distinguish
between CDBG-funded time and non.-CDBG funded time and reflect
actual time spent on CDBG-funded activities. Agency may not submit
payroll expenses dated 60 calendar days prior to the date of the
Reimbursement Request.
9.2.2.2 For non-payroll expenses, invoices for each expense listed with an
explanation as to how the invoiced expense pertains to the Program.
Agency may not submit invoices dated 60 calendar days prior to the date
of the Reimbursement Request.
9.2.2.3 Proof that each expense was paid by Agency, which proof can be
satisfied by cancelled checks,wire transfer documentation,paid receipts
or other appropriate banking documentation.
9.2.3 Attachment III—Client Data Report.
This report shall list each Unduplicated Client served during the month along with his or
her demographic information. The Client Data Report must maintain a list of all clients served
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during the Contract term. In order for this report to be complete,the following must be submitted:
9.2.3.1 Source Documentation of income verification for each Unduplicated
Client the first time the client is served by the Program
9.2.4 Delivery of Reimbursement Request.
Reimbursement Requests shall be submitted electronically via ZoomGrants.com. In the
event that zoomgrants.com experiences unforeseen issues or complications, Agency may submit
Reimbursement Requests via email, or by other agreed upon method(s), per the Agency's
designated City contract administrator.
9.3 Withholding Payment.
CITY SHALL HAVE NO OBLIGATION TO PAY ANY REIMBURSEMENT
REQUEST THAT IS NOT RECEIVED BY THE DUE DATE. Failure to timely submit
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Reimbursement Requests and Complete Documentation along with any required reports
shall be an event of default.
10. DEFAULT AND TERMINATION.
10.1 Failure to Submit Reimbursement Request or Required Documentation.
10.1.1 If Agency fails to submit a Reimbursement Request in accordance with Section
9,Agency shall be in default of this Contract. City will notify Agency in writing of such default
and the Agency will have 10 business days from the date of the written notice to submit such
Reimbursement Request to cure the default. If Agency fails to cure the default within such time,
Agency shall forfeit any payments otherwise due that month.
10.1.2 If Agency fails to submit requested information or missing documentation as
set forth in Section 9.1.2, then Agency shall forfeit payment due that month and the failure to
submit shall be considered an event of default that shall not be cured.
10.1.3 NOTWITHSTANDING THE PROVISIONS OF SECTION 10.1.1 OR
10.1.2,IF AGENCY FAILS TO SUBMIT THE REIMBURSEMENT REQUEST DUE JULY
1,2020, OR IF THE SUBMITTED REIMBURSEMENT REQUEST FOR JULY 1,2020 IS
LATE, INCOMPLETE OR OTHERWISE NOT IN COMPLIANCE WITH THIS
CONTRACT OR THE CDBG REGULATIONS AS DETERMINED BY CITY IN ITS
SOLE DISCRETION, THERE WILL BE NO CURE PERIOD AND ANY
REIMBURSEMENT WILL BE FORFEITED.
10.1.4 In the event of(i)an uncured default under Section 10.1.1 or an event of default
under 10.1.2 or(ii)more than 2 instances of default, cured or uncured, under these Sections, City
reserves the right at its sole option to terminate this Contract effective immediately upon written
notice of such intent with no penalty or liability to City.
10.1.5 Notwithstanding anything to the contrary herein, City will not be required to
pay any CDBG Funds to Agency during the period that any Reimbursement Request, report or
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documentation is past due or is not in compliance with this Contract or the CDBG Regulations,or
during any period during which Agency is in default of this Contract.
- 10.1.6 In the event of termination under this Section 10.1, all CDBG Funds awarded ,
but unpaid to Agency pursuant to this Contract shall be immediately forfeited and Agency shall
have no further right to such funds.
10.2 Failure to Maintain Records or Submit Reports and Documentation.
If Agency fails to maintain all records and documentation as required in Section 8,or if the
maintained or submitted report or documentation is not in compliance with this Contract or the
CDBG Regulations as determined by City in its sole discretion, City will notify Agency in writing
and Agency will have 30 calendar days from the date of the written request to obtain or recreate
the missing records and documentation or submit or resubmit any such report or documentation to
City. If Agency fails to maintain the required reports or documentation, or fails to submit or
resubmit any such report or documentation within such time,City shall have the right to terminate
this Contract effective immediately upon written notice of such intent with no penalty or liability
to City.
10.2.1 In the event of termination under this Section 10.2, all CDBG Funds awarded
but unpaid to Agency pursuant to this Contract shall be immediately forfeited and Agency shall
have no fuuther right to such funds,and any CDBG Funds paid to Agency must be repaid to City
within 30 days of termination. If such CDBG Funds are not repaid to City within the 30 day
period,City shall exercise all legal remedies available under this Contract.
10.3 In General.
10.3.1 Subject to Section 10.2, and unless specifically provided otherwise in this
Contract,Agency shall be in default under this Contract if Agency breaches any term or condition
of this Contract. In the event that such a breach remains uncured'after 30 calendar days following
written notice by City(or such other notice period as may be specified herein) or, if Agency has
diligently and continuously attempted to cure following receipt of such written notice but
reasonably requires more than 30 calendar days to cure, as determined by both Parties mutually
and in good faith, City shall have the right to elect in City's sole discretion to(i) extend Agency's
time to cure, (ii)terminate this Contract effective immediately upon written notice of such intent
to Agency,or(iii)pursue any other legal remedies available to City under this Contract.
10.3.2 City's remedies may include:
10.3.2.1 Direct Agency to prepare and follow a schedule of actions for
carrying out the affected activities,- consisting of schedules,
timetables and milestones necessary to implement the affected
activities.
10.3.2.2 Direct Agency to establish and i,'ollow a management plan that
assigns responsibilities for carrying out the remedial activities.
10.3.2.3 Reprogram CDBG Funds that have not yet been expended from
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affected activities to other eligible activities or withhold CDBG
Funds.
10.3.2.4 Any other appropriate action including but not limited to any
remedial action legally available such as declaratory judgment,
specific performance, damages, temporary or permanent
injunctions,termination of this Contract or any other contracts with
Agency,and any other available remedies.
10.3.3 In the event of termination under this Section 10.3, all CDBG Funds awarded
but unpaid to,Agency pursuant to this-Contract shall be immediately forfeited and Agency shall
have no further right to such funds,and any CDBG Funds already paid to Agency must be repaid
to City within 30 days of the termination, Failure to repay such CDBG Funds within the 30 day
period will result in City exercising all legal remedies available under this Contract.
10.4 No Funds Disbursed while in Breach.
Agency understands and agrees that no CDBG Funds will be paid`to Agency until all
defaults are cured to City's satisfaction.
10.5 No Compensation after Date of Termination.
Agency shall not receive any compensation for work undertaken after the date of the
termination.
10.6 Riahts'of City Not Affected.
Termination shall not affect or terminate any of the existing rights of City against Agency,
or which may thereafter accrue because of Agency's default and this provision shall be in addition
to any and all other rights and remedies available to City under the law. Such termination does
not terminate any provisions of this Contract that have been expressly noted as surviving the term
or termination of the Contract. No delay or omission by City in exercising any right or remedy
available to it under this Contract shall impair any such right or remedy or constitute a waiver or
acquiescence in any Agency default.
10.7 Waiver of Breach Not Waiver of Subsequent Breach.
The waiver of a default or breach of any term,covenant,or condition of this Contract shall
not operate as a waiver of any subsequent default or breach of the same or any other term,covenant
or condition hereof.
10.8 Civil,Criminal and Administrative Penalties.
Failure to perform all the Contract terms may result in civil, criminal or administrative
penalties,including,but not limited to those set out in this Contract.
10,9 Termination for Cause.
10.9.1 City may terminate this Contract in the event of Agency's default, inability,or
failure to perform subject to notice, grace and cure periods. In the event City terminates this
Contract for cause,all CDBG Funds awarded but unpaid to Agency pursuant to this Contract shall
be immediately rescinded and Agency shall have no further right to such funds and any CDBG
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Funds already paid to Agency must be repaid to City within 30 days of termination. Failure to
repay such CDBG Funds within 30 days will result in City exercising all legal remedies available
to City under this Contract. AGENCY ACKNOWLEDGES AND AGREES THAT IF CITY
TERMINATES THIS CONTRACT FOR CAUSE, AGENCY OR ANY AFFILIATES OF
AGENCY SHALL NOT BE CONSIDERED FOR ANY OTHER CITY CONTRACT FOR
CDBG FUNDS FOR A MINIMUM OF 5 YEARS FROM THE DATE OF TERMINATION.
10.9.2 Agency may terminate this Contract if City does not provide the CDBG Funds
substantially in accordance with this Contract.
10.10 Termination for Convenience.
In terminating in accordance with 2 CFR Part 200, Appendix II, this Contract may be
terminated in whole or in part only as follows:
10.10.1 By City with the consent of Agency in which case the Parties shall agree upon
the termination conditions, including the effective date and in the case of partial termination, the
portion to be terminated; or
10.10.2 By Agency upon at least 30 days written notification to City, setting forth the
reasons for such termination,the effective date, and in the case of partial termination,the portion
to be terminated. In the case of a partial termination,City may terminate the Contract in its entirety
if City determines in its sole discretion that the remaining portion of the Contract to be performed
or CDBG Funds to be spent will not accomplish the purposes for which the Contract was made.
10.11 Dissolution of Agency Terminates Contract.
This Contract shall terminate in the event Agency is dissolved or ceases to exist. In the
event of termination under this Section,all CDBG Funds are subject to repayment and/or City may
exercise all of its remedies under this Contract.
10.12 Reversion of Assets.
In the event this Contract is terminated with or without cause,all assets acquired by Agency
with the CDBG Funds including cash, interest payments from lows or otherwise, all outstanding
notes,mortgages or other security instruments, any accounts receivable attributable to the use of
the CDBG Funds,and any real or personal property owned by Agency that was improved with the
CDBG Funds shall automatically transfer to City or to such assignee as City may designate.
11. REPAYMENT OF CDBG FUNDS.
All CDBG Funds are subject to repayment in the event the Program does not meet the
requirements of this Contract or in the CDBG Regulations. If Agency takes any action that
results in the City being required to repay all or any portion of the CDBG Funds to HUD,
Agency agrees it will reimburse City for such repayment. If Agency takes any action that
results in City receiving a finding from HUD about the Program,whether or not repayment
of all or any portion of the CDBG Funds is required of City,Agency agrees City may require
that 10% of the CDBG Funds be repaid to City as liquidated damages. The Parties agree that
City's damages in the event of either repayment to HUD being required or receiving a finding
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CDBG grant or other federal grant funds, in addition to the finding by HUD or a required
repayment of funds to HUD by City. Therefore,the Parties agree that payment under this Section
of 10% of the CDBG Funds by Agency to City is liquidated damages and not a penalty.
12. CHANGE IN NON-PROFIT STATUS.
Agency must provide City with written notification of any changes to its non-profit status
within 15'calendar days of being notified of the change. Regardless of notice by Agency, if the
non-profit status of Agency changes after the date of this Contract, City may but is not obligated
to, terminate this Contract. 'In the event of termination under this Section 12, all CDBG Funds
awarded but not yet paid to Agency pursuant to this Contract shall be immediately rescinded and
Agency shall have no further right to such funds. City,in its sole discretion,may require that any
CDBG Funds already paid to Agency must be repaid to City within 30 calendar days of termination
under this Section.
13. SURVIVAL.
Any provision of this Contract that pertains to auditing, monitoring, client income
eligibility, record keeping and reports, City ordinances, or applicable CDBG requirements, and
any default and enforcement provisions necessary to enforce such provisions, shall survive the
termination of this Contract for 5`years after the Contract term ends and shall be enforceable by
City against Agency. For purposes of this Contract, this 5 year period for survival of certain
Contract provisions is deemed to begin immediately following the expiration or termination of this
Contract.
14. GENERAL PROVISIONS.
14.1 Agency an Independent Contractor.
Agency shall operate hereunder as an independent contractor and not as an officer, agent,
servant or employee of City. Agency shall have exclusive control of, and the exclusive right to
control, the details,of the work and'services performed hereunder, and all persons performing
same, and shall be solely responsible for the acts and omissions of its officers, members, agents,
servants,employees,contractors,`subcontractors,vendors,clients,licensees or invitees.
14.2 Doctrine of Respondeat Superior.
The doctrine of respondeat superior shall not apply as between City and Agency,or its
officers, members, agents, servants, employees, contractors, subcontractors, vendors, clients,
licensees or invitees, and nothing herein shall be construed as creating a partnership or joint
enterprise between City and Agency. City does not have the legal right to control the details of
the tasks performed hereunder by Agency, its officers, members, agents,employees, contractors,
subcontractors,vendors, clients,licensees or invitees.
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14.3 Agency Property.
City shall under no circumstances be responsible for any property belonging to Agency,or
its officers, members, agents, employees, contractors, subcontractors, vendors, clients, licensees
or invitees that may be lost,stolen or destroyed or in any way damaged and AGENCY HEREBY
INDEMNIFIES AND HOLDS HARMLESS CITY AND ITS' OFFICERS, AGENTS,AND
EMPLOYEES FROM ANY AND ALL CLAIMS OR SUITS PERTAINING TO OR
CONNECTED WITH SUCH PROPERTY.
14.5 Religious Organization.
Agency shall comply with all applicable requirements as more particularly described in 24
CFR Part 5.109. No portion of the CDBG Funds shall be used in support of any sectarian or
religious activity. In addition, there must be no religious or membership criteria for clients of a
CDBG-funded service.
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14,5.1. Separation of Explicitly Religious Activities.
Agency retains its independence and may continue to ca»ry out its mission, including the
definition,development practice, and expression of its religious beliefs,provided that it does not
use CDBG Funds to support or engage in any explicitly religious activities (including activities
that involve overt religious content such as worship, religious instruction, or proselytization), or
in any other manner prohibited by law.
14.5.2 Explicitly Religious Activities.
If Agency engages in explicitly religious activities (including activities that involve overt
religious content such as worship,religious instruction,or proselytization),the explicitly religious
activities must be offered separately,in time or location,from the programs or activities supported
by CDBG Funds and participation must be voluntary for clients of a CDBG-funded service.
14.5.3 Required Notices.
If Agency constitutes a Faith-based organization under 24 CFR Part 5.109,Agency must
provide all clients of a CDBG-funded service with a Notice of Beneficiary Rights,available upon
request from City staff. Such notice shall be provided to the client prior to enrollment in any
CDBG-funded program or activity. In addition,if a client or prospective client of a CDBG-funded
service objects to the religious character of Agency, then Agency must promptly undertake
reasonable efforts to identify and refer the client or prospective client to an alternate provider to
which the client or prospective client has no such objection,as more particularly described in 24
CFR Part 5.109.
14.6 Venue.
Venue shall lie in Tarrant County,Texas for any action,whether real or asserted, at law
or in equity,arising out of the execution,performance,attempted performance or
non-performance of this Contract.
14.7 Governing Law.
This Contract shall be governed by and construed in accordance with the laws of the State
of Texas. If any action, whether real or asserted, at law or in equity, arises out of the execution,
performance or non-performance of this Contract or on the basis of any provision herein, for any
issue not governed by federal law,the choice of law shall be the laws of the State of Texas.
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14.8 Severability.
The provisions of this Contract are severable, and if for any reason a clause, sentence,
paragraph or other part of this Contract shall be determined to be invalid by a court or federal or
state agency, board or commission having jurisdiction over the subject matter thereof, such
invalidity shall not affect other provisions which can be given effect without the invalid provision.
14.9 Written Agreement Entire Contract
This written instrument and the Exhibits, Attachments, and Addendums attached hereto,
which are incorporated by reference and made a part of this Contract for all purposes, constitute
the entire agreement by the Parties concerning the work and services to be performed under this
Contract.: Any prior or contemporaneous oral or written agreement which purports to vary the
terms of this Contract shall be void. Any amendments to the terms of this Contract must be in
writing and executed'bythe Parties.
14.10 Paragraph Headinzs for Reference Only,No Legal Significance; Number
and Gender.
The paragraph headings contained herein are for convenience in reference to this Contract
and are not intended to define or to limit the scope of any provision of this Contract. When context
requires,singular nouns and pronouns include the plural and the masculine gender shall be deemed
to include the feminine or neuter and the neuter gender to include the masculine and feminine.
The words"include"and"including"whenever used herein shall be deemed to be followed by the
words"without limitation".
14.11 Compliance with AU Auplicable Laws and Regulations.
Agency agrees to comply fully with all applicable laws and regulations that are currently
in effect or that are hereafter amended during the performance of this Contract. Those laws
include,but are not limited to:
CDBG Regulations found in 24 CFR Part 570
Title I of the Housing and Community Development Act of 1974, as amended, (42
USC 5301)
Title VI of the Civil Rights Act of 1964 (42 U.S.C. Sections 2000d et seq.) including
provisions requiring recipients of federal assistance to ensure meaningful access by
persons of limited English proficiency
The Fair Housing Act,Title VIII of the Civil Rights Act of 1968 (42 U.S.C. Sections
3601 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 sect.) 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.
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➢ The Clean Air Act,as amended,(42 U.S.C. Sections 1251 et seq.)and the Clean Water
Act of 1977, as amended (33 U.S.C. Sections 1251 et seq.) and the related Executive
Order 11738. In no event shall any amount of the assistance provided under this
Contract be utilized with respect to a facility that has given rise to a conviction under
the Clean Air Act or the Clean Water Act.
➢ Immigration Reform and Control Act of 1986 (8 U.S.C. Sections 1101 et seq.)
specifically including the provisions requiring employer verifications of legal status of
its employees
➢ The Americans with Disabilities Act of 1990 (42 U.S.C. Sections 12101 et seq.), the
Architectural Barriers Act of 1968 as amended (42 U.S.C. Sections 4151 et seq.) and
the Uniform Federal Accessibility Standards,24 CFR Part 40,Appendix A
➢ Regulations at 24 CFR Part 87 related to lobbying; including the requirement that
certifications and disclosures be obtained from all covered persons
➢ Drug Free Workplace Act of 1988 (41 U.S.C. Sections 701 et seq.) and 24 CFR Part
23, Subpart F
➢ Executive Order 12549 and 24 CFR Part 5.105(c) pertaining to restrictions on
participation by ineligible,debarred or suspended persons or entities
➢ Section 6002 of the Solid Waste Disposal Act, as amended by the Resource
Conservation and Recovery Act
➢ Guidelines of the Environmental Protection Agency at 40 CFR Part 247
➢ For contracts and subgrants for construction or repair, Copeland "Anti-Kickback" act
(18 U.S.C. 874)as supplemented in 29 CFR Part 5
➢ For construction contracts awarded by Agency in excess of$2,000 that are not for
single family, owner-occupied,home rehabilitation, and in excess of$2,500 for other
contracts which involve the employment of mechanics or laborers, Sections 103 and
107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327A 300) as
supplemented by 29 CFR Part 5
➢ Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et seq.), as amended by
the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851 et
seq.)and implementing regulations at 24 CFR Part 35, subparts A,B,M,and R
➢ 2 CFR Part 200 et seq.
➢ Federal Funding Accountability and Transparency Act of 2006 ("FFATA') (Pub.L.
109-282, as amended by Section 6205(a) of Pub.L. 1.10-252 and Section 3 of Pub.L.
113-101)
➢ Federal Whistleblower Regulations, as contained in 10 U.S.C. 2409, 41 U.S.C. 4712,
10 U.S.C.2324,41 U.S.C. 4304 and 41 U.S.C. 4310.
14.12 HUD-Assisted Proiects and Employment and other Economic Opportunities;
Section 3 Requirements.
14.12.1 Requirement that Law Be Ouoted _in_Covered Contracts. — Certain
Reauirements Pertaining to Section 3 of the Housing and Urban
Development Act of 1968 as Amended(12 U.S.C.Sections 1701 et sea.)and
its Related Regulations at 24 CFR Part 135
If the Program results in the creation of new employment, training, or contracting
opportunities on a contractor or subcontractor level resulting from the expenditure of the CDBG
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Funds, Agency shall,comply with the following and will ensure that its contractors also comply.
If the work performed under this Contract is on a project assisted under a program providing direct
federal financial assistance from HUD, Section 3 of 24 CFR Part 135.38 ("Section 3") requires
that the following clause, shown in italics, be inserted in all covered contracts ("Section 3
Clause");
Section to be quoted in covered contracts begins:
A. The work to be performed under this contract is subject to the requirements
of Section 3 of Dousing and Urban Development Act of 1968, as amended, 12
U.S.C. section 1701u (Section 3). The purpose of Section 3 is to ensure that
employment and other economic opportunities generated by HUD assisted or
HUD-assisted programs covered by Section 3, shall to the greatest extentfeasible,
be directed to low and very-low income persons, particularly persons who are
recipients of HUD assistance for housing.
B. The parties to this contract agree to comply with HUD's regulations in 24
CFR Part 135, which implement Section 3. As evidenced by their execution of this
contract, the parties to this contract certify that they are under no contractual or
other,impediment that would prevent them from complying with the Part 135
regulations.
C. The contractor agrees to send to each labor organization or representative
of workers with which it has a collective bargaining agreement or other
understanding, if any, a notice advising the labor organization or workers'
representatives of the contractor's commitments under this Section 3 clause and
will post copies of the notice in conspicuous places at the work site where both
employees and applicants for training and employmentpositions,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 apprentice and training positions, the
qualifications for each, and the name and location of the person(s) taking
applications for each ofthe positions;and the anticipated date the workshall'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 Part 135.
E. The contractor will certify that any vacant employment positions, including
training positions that are filed: (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. 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 Part 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 workperformed in connection with Section 3 covered Indian
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housing assistance, section 7(b) of the Indian Self-Determination and Education
Assistance Act(25 U.S.C. Section 450(e) also applies to the work to be performed
under this Contract. Section 7(b) requires that to the greatest extent feasible (i)
preference and opportunitiesfor 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.
14.12.2 Agency Responsibilities for Section 3 Requirements.
City and Agency 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
Agency and their respective successors, assigns, contractors and subcontractors. Failure to fulfill
these requirements shall subject Agency 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. Agency's
responsibilities include:
14.12.2.1 Implementing procedures to notify Section 3 residents and business
concerns about training,employment,and contracting opportunities
generated by Section 3 covered assistance;
14.12.2.2 Notifying potential contractors working on Section 3 covered
projects of their responsibilities;
14.12.2.3 Facilitating the training and employment of Section 3 residents and
the award of contracts to Section 3'business concerns;
14.12.2.4 Assisting and actively cooperating with the HED Department in
making contractors and subcontractors comply;
14.12.2.5 Refraining from entering into contracts with contractors that are in
violation of Section 3 regulations;
14.12.2.6 Documenting actions taken to comply with Section 3;and
14.12.2.7 Submitting Section 3 Annual Summary Reports (Form HUD-
60002)in accordance with 24 CFR Part 135.90.
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14,12.3 Section 3 Reportini Requirements.
In order to comply with the Section 3 requirements,Agency must submit the forms attached
hereto as EXHIBIT"G"-Section 3 Reporting Forms,
14,12.3.1 Report to the City on a quarterly basis all applicants- for-
employment, and all applicants for employment by contractor and
subcontractor. This shall include name, address, zip code, date of
application,and status(hired/not hired)as of the date of the report.
14.12.3.2 Advertise available positions to the public for open competition,and
provide documentation to City with the quarterly report that
demonstrates such open advertisement in the form of printout of
Texas Workforce Commission posting, copy of newspaper
advertisement, copy of flyers and listing of locations where flyers
were distributed,and the like.
14.12.3.3 Report to the City on a quarterly basis all contracts awarded by
contractor and subcontractor. This shall include name of contractor
and/or subcontractor, address, zip code, and amount of award as of
the date of the report.
14.13 Prohibition AF-ainst Discrimination,
14,13.1 General Statement.
Agency shall comply in the execution, performance or attempted performance of this
Contract,with all non-discrimination requirements of 24 CFR Part t 570.607 and Chapter 17,Article
III,Division 4—Fair Housing of the City Code. Agency may not discriminate against any person
because of race,color,sex,gender,religion,national origin,familial status,disability or perceived-
disability, sexual orientation, gender identity,gender expression,or transgender,nor will Agency
'permit its officers,members,agents,employees,or clients to engage in such discrimination.
This Contract is made and entered into with reference specifically to Chapter 17, Article
III,Division 3=Employment Practices of the City Code,and Agency hereby covenants and agrees
that Agency, its officers, members, agents, employees and contractors, have fully complied with
all provisions of same and that no employee,or applicant for employment has been discriminated
against under the terms of such ordinances by either or its officers, members, agents, employees
or contractors.
14.13.2 No Discrimination in Employment during the Performance of This
Contract.
During the performance of this Contract Agency agrees to the following provision, and
will require that its contractors and subcontractors also comply with such provision by including
it in all contracts with its contractors:
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[Contractor's Subcontractor's or Vendor's name will not unlawfully discriminate against
any employee or applicants for employment because of race,collar,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 l will take affirmative
action to ensure that applicants are hired without regard to race, color, sex, gender, religion,
national origin, familial status, disability or perceived disability, sexual orientation, gender
identity,gender expression or transgender and that employees are treated fairly during employment
without regard to their race,color, sex, gender,religion,national origin, familial status,disability
or perceived disability,sexual orientation,gender identity,gender expression or transgender. Such
action shall include, but not be limited to, the following: employment, upgrading, demotion or
transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms
of compensation, and selection for training, including apprenticeship. [Contractor's,
Subcontractor's or Vendor's name agrees to post in conspicuous places, available to employees
and applicants for employment, notices setting forth the provisions of this nondiscrimination
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clause.
(Contractor's. Subcontractor's or Vendor's namel will, in all solicitations or
advertisements for employees placed by or on behalf of [Contractor's, Subcontractor's or
Vendor's namel, 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 l 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.
14.13.3 Mew's Contractors and the ADA.
In accordance with the provisions of the Americans With Disabilities Act of 1990
C'ADA'), Agency warrants that it and any of its contractors will not unlawfully discriminate on
the basis of disability in the provision of services to the general public,nor in the availability,terms
and/or conditions of employment for applicants for employment with,or employees of,Agency or
any of its contractors. AGENCY WARRANTS IT WILL FULLY COMPLY WITH THE
ADA'S PROVISIONS AND ANY OTHER APPLICABLE FEDERAL, STATE AND
LOCAL LAWS CONCERNING DISABILITY AND WILL DEFEND,INDEMNIFY AND
HOLD CITY HARMLESS AGAINST ANY CLAIMS OR ALLEGATIONS ASSERTED BY
THIRD PARTIES, CONTRACTORS SUBCONTRACTORS, VENDORS OR AGENTS
AGAINST CITY ARISING OUT OF AGENCY'S AND/OR ITS CONTRACTORS',
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SUBCONTRACTORS', VENDORS' OR AGENTS' OR THEIR RESPECTIVE
EMPLOYEES'ALLEGED FAILURE TO COMPLY WITH THE ABOVE-REFERENCED
LAWS CONCERNING DISABILITY DISCRIMINATION IN THE PERFORMANCE OF
THIS CONTRACT.
14.14. Conflicts of Interest and Violations of Criminal Law.
14.14.1 Agency Safeguards.
Agency shall establish safeguards to prohibit its employees,board members, advisors and
agents from using positions for a purpose that is or gives the appearance of being motivated by a
desire for private gain for themselves or others, particularly those with whom they have family,
business or other ties. Agency shall disclose to City any such conflict of interest or potential
conflict of interest,immediately upon discovery of such.
14.14.2 General Prohibitions Against Conflicts of Interest.
No employees, agents, consultants, officers or elected officials or appointed officials of
City or of Agency who exercise or have exercised any functions or responsibilities with respect to
activities assisted with CDBG funds or who are in a position to participate in a decision-making
process or gain inside information with regard to these activities may utilize CDBG services,may
obtain a financial interest or benefit from a CDBG-assisted activity, or have an interest in any
contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for
themselves or those with whom they have family or business ties,during their tenure or for I year
thereafter.
14.14.2,1 Agency shall establish conflict of interest policies for
federal awards including the CDBG Funds and shall disclose in
writing potential conflicts of interest to City as authorized by 2 CFR
Part 200.112.
14.14.3 Conflicts of Interest Involving Procurement.
The conflict of interest provisions of 2^CFR Part 200.31,shall apply in the procurement of
property and services by Agency. In all cases not governed by this Section,the provisions of 24
CFR Part 570.611 of the CDBG Regulations shall apply.
14.14.3.1 As more particularly described in 2 CFR Part 200.318,Agency shall
maintain and submit to City written standards of conduct covering
conflicts of interest and governing the performance of its employees
engaged in the selection,award,and administration of contracts. No
employee, officer, or agent may participate in the selection, award,
or administration of a contract supported by a federal award if he or
she has a real or apparent conflict of interest. The standards of
conduct must provide for disciplinary actions to be applied for
violations of such standards by officers, employees, or agents of
Agency.
14.14.3.2 The officers,employees, and agents of Agency shall neither solicit
nor accept gratuities, favors, or anything of monetary value from
contractors or parties to subcontracts.
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14.14.3.3 Notwithstanding the prohibition contained in Section 14.13.3.2,
Agency may set standards of conduct for situations in which the
financial interest is not substantial or the gift is an unsolicited item
of nominal value. Such standards of conduct must provide for
disciplinary actions to be applied for violations of such standards by
Agency's officers,employees or agents.
14.14.3.4 Agency shall maintain written standards of conduct covering
organizational conflicts of interest. Organizational conflicts of
interest means that because of relationships with a parent company,
affiliate,or subsidiary organization,Agency is unable or appears to
be unable to be impartial in conducting a procurement action
involving a related organization.
14.14.3.5 Agency must maintain records sufficient to detail the history of
procurement. These records will include, but are not necessarily
limited to the following: rationale for the method of procurement,
selection of contract type, contractor selection or rejection, and the
basis for the contract price.
14.14.4 Disclosure of Conflicts of Interest.
In compliance with 2 CFR Part 200.112,Agency is required to timely disclose to City in
writing any potential conflict of interest.
14.14.5 Disclosure of Texas Penal Code Violations.
Agency affirms that it will adhere to the provisions of the Texas Penal Code which prohibit
bribery and gifts to public servants.
14.14.6 Disclosure of Federal Criminal Law Violations.
In compliance with 2 CFR Part 200.113,Agency is required to timely disclose to City all
violations of federal criminal law involving fraud, bribery or gratuity violations potentially
affecting the Agency.
14.15 Subcontracting with Small and Minority Firms, Women's Business
Enterprises and Labor Surplus Areas.
14.15.1 For procurement contracts $50,000.00 or larger that are paid for, in part or in
full,with the CDBG Funds,Agency agrees to abide by City's policy to involve Minority Business
Enterprises and Small Business Enterprises and to provide them equal opportunity to compete for
contracts for construction,provision of professional services,purchase of equipment and supplies
and provision of other services required by City. Agency agrees to incorporate the City's BDE
Ordinance, and all amendments or successor policies or Ordinances thereto, into all contracts and
subcontracts for procurement larger than$50,000.00 or larger that are paid for, in part or in full,
with the CDBG Funds and will further require all persons or entities with which it so contracts to
comply with said ordinance.
14.15.2 It is national policy to award a fair share of contracts to disadvantaged business
enterprises ("DBEs"), small business enterprises {"SBEs"), minority business enterprises
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('MBEs"),and women's business enterprises("WBEs"). Accordingly,affirmative steps must be
taken to assure that DBEs, SBEs, MBEs, and WBEs are utilized when possible as sources of
supplies,equipment,construction and services.
14.15.2.1 In order to comply with federal reporting requirements as described
in 24 CFR Part 570.506 (g)(6), Agency must submit the form
attached hereto as EXHIBIT"I" MBE Reporting Form for each
contract or subcontract with a value of$10,000.00 or more paid or
to be paid with the CDBG Funds. Agency shall submit this form by
the date specified in EXHIBIT"I" MBE Reporting Form.
14.16 Other Laws.
The failure to list any federal,state or City ordinance, law or regulation that is applicable
to Agency does not excuse or relieve Agency from the requirements or responsibilities in regard
to following the law, nor from the consequences or penalties for Agency's failure to follow the
law, if applicable.
14.17 Assignment.'
Agency shall not assign all or any part of its rights,privileges,or duties under this Contract
without the prior written approval of City. Any attempted assignment of same without approval
shall be void,and shall constitute a breach of this Contract.
14.18. Riaht to Inspect Agency Contracts.
It is agreed that City has the right to inspect and approve in writing any proposed contracts
between Agency and any contractor or vendor engaged in any activity in conjunction with this
CDBG-funded Program prior to any charges being incurred.
14.19 Force Maieure
If Agency becomes unable, either in whole or part, to fulfill its obligations' under this
Contract due to acts of God, strikes, lockouts, or other industrial disturbances, acts of public`
enemies, wars, blockades,insurrections, riots, epidemics, earthquakes, fires,floods, restraints or
prohibitions by any court,board,department,commission or agency of the United States or of any
States, civil disturbances, or explosions, or some other reason beyond Agency's control
(collectively, 'Force Majeure Event"), the obligations so affected by such Force Majeure Event
will be suspended only during the continuance of such event. Agency will give City written notice
of the existence,extent and nature of the Force Majeure Event'as soon as reasonably possible after
the occurrence of the event. Failure to give notice' will result in the continuance of Agency's
obligation regardless of the extent of any existing Force Majeure Event. Agency will use
commercially reasonable efforts to remedy its inability to perform as soon as possible.
14.20 IMMIGRATION NATIONALITY ACT.
City actively supports the Immigration&Nationality Act(INA)which includes provisions
addressing employment eligibility,employment verification,and nondiscrimination.Agency shall
verify the identity and employment eligibility of all employees, contractors, and subcontractors
who perform work under this Agreement. Agency shall complete the Employment Eligibility
Verification Form(1-9),maintain photocopies of all supporting employment eligibility and identity
documentation for all employees, and upon request, provide City with copies of all 1-9 forms and
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supporting eligibility documentation for each employee who performs work under this Agreement.
Agency shall establish appropriate procedures and controls so that no services will be performed
by any employee who is not legally eligible to perform such services. Agency shall provide City
with a certification letter that it has complied with the verification requirements required by this
Agreement. Agency shall indemnify City from any penalties or liabilities due to violations of this
provision. City shall have the right to immediately terminate this Agreement for violations of this
provision by Agency.
15. INDEMNIFICATION AND RELEASE.
AGENCY COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS
AND DEFEND, AT ITS OWN EXPENSE, CITY AND ITS OFFICERS, AGENTS,
SERVANTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS OR
SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY,
INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER 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 PROGRAM DESCRIBED
HEREIN, WHETHER OR NOT CAUSED IN WHOLE OR IN PART, BY ALLEGED
NEGLIGENCE OF OFFICERS,AGENTS,SERVANTS,EMPLOYEES,CONTRACTORS
OR SUBCONTRACTORS OF CITY; AND AGENCY HEREBY ASSUMES ALL
LIABILITY AND RESPONSIBILITY OF CITY AND ITS OFFICERS, AGENTS,
SERVANTS, AND EMPLOYEES FOR ANY AND ALL, CLAIMS OR SUITS FOR
PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY,INCLUDING DEATH,
TO ANY AND ALL PERSONS, OF WHATSOEVER 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 PROGRAM DESCRIBED HEREIN,WHETHER
OR NOT CAUSED IN WHOLE OR IN PART BY ALLEGED NEGLIGENCE OF
OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS OR
SUBCONTRACTORS OF CITY. AGENCY LIKEWISE COVENANTS AND AGREES TO
AND DOES HEREBY INDEMNIFY AND HOLD HARMLESS CITY FROM AND
AGAINST ANY AND ALL INJURY,DAMAGE OR DESTRUCTION OF PROPERTY OF
CITY,ARISING OUT OF OR IN CONNECTION WITH ALL ACTS OR OMISSIONS OF
AGENCY, ITS OFFICERS, MEMBERS, AGENTS, EMPLOYEES, CONTRACTORS,
SUBCONTRACTORS, INVITEES, LICENSEES, OR CLIENTS, OR CAUSED, IN
WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS,
SERVANTS,EMPLOYEES,CONTRACTORS OR SUBCONTRACTORS OF CITY.
IT IS THE EXPRESS INTENTION OF THE PARTIES, BOTH AGENCY AND
CITY, THAT THE INDEMNITY PROVIDED FOR THIS SECTION INCLUDES
INDEMNITY BY AGENCY TO INDEMNIFY AND PROTECT CITY FROM THE
CONSEQUENCES OF CITY'S OWN NEGLIGENCE,WHETHER THAT NEGLIGENCE
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IS ALLEGED TO BE THE SOLE OR CONCURRING CAUSE OF THE INJURY,
DAMAGE OR DEATH.
AGENCY AGREES TO AND SHALL RELEASE CITY, ITS AGENTS,
EMPLOYEES,OFFICERS AND LEGAL REPRESENTATIVES FROM ALL LIABILITY
FOR INJURY, DEATH, DAMAGE OR LOSS TO PERSONS OR PROPERTY
SUSTAINED IN CONNECTION WITH OR INCIDENTAL TO PERFORMANCE UNDER
THIS CONTRACT,EVEN IF THE INJURY, DEATH, DAMAGE OR LOSS IS CAUSED
BY CITY'S SOLE OR CONCURRENT NEGLIGENCE.
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AGENCY SHALL REQUIRE ALL OF ITS CONTRACTORS AND
SUBCONTRACTORS TO INCLUDE IN THEIR CONTRACTS AND SUBCONTRACTS
A RELEASE AND INDEMNITY IN FAVOR OF CITY IN SUBSTANTIALLY THE SAME
FORM AS ABOVE.
16. WAIVER OF IMMUNITY BY AGENCY.
If Agency, as a charitable or nonprofit organization, has or claims an immunity or
exemption (statutory or otherwise)from and against liability for damages or injury, including
death,to persons or property,Agency hereby expressly waives its rights to plead defensively such
immunity or exemption as against City. This Section shall not be construed to affect a
governmental entity's immunities under constitutional,statutory or common law.
17. INSURANCE AND BONDING.
Agency will maintain coverage in the form of insurance or bond in the amount of
$100,000.00 to insure against loss from the fraud,theft or dishonesty of any of Agency's officers,
agents,trustees, directors or employees. The proceeds of such insurance or bond shall be used to
reimburse City for any and all loss of CDBG Funds occasioned by such misconduct. To effectuate
such reimbursement, such fidelity coverage shall include a rider stating that reimbursement for
any loss or losses shall name the City as a Loss Payee.
Agency shall furnish to City in a timely manner, but not later than the Effective Date,
certificates of insurance as proof that it has secured and paid for policies of commercial insurance
as specified herein. If City has not received such certificates by the Effective Date,Agency shall
be in default of the Contract and City may, at its option,terminate the Contract.
Such insurance shall cover all insurable risks incident to or in connection with the
execution,performance,attempted performance or nonperformance of this Contract. Agency shall
maintain the following insurance coverage and limits:
Commercial General Liability(CGL)Insurance
$ 500,000 each occurrence
$1,000,000 aggregate limit
Non-Profit Organization Liability or Directors& Officers Liability
$1,000,000 Each Occurrence
$1,000,000 Annual Aggregate Limit
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Business Automobile Liability Insurance
$1,000,000 each accident on a combined single-limit basis,or
$ 250,000 Property Damage
$ 500,000 Bodily Injury per person per occurrence
$2,000,000 Aggregate
Insurance policy shall be endorsed to cover"Any Auto",defined as autos owned,hired,
and non-owned.Pending availability of the above coverage and at the discretion of
City, the policy shall be the primary responding insurance policy versus a personal
auto insurance policy if or when in the course of Agency's business as contracted
herein.
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Workers' Compensation Insurance j
Part A: Statutory Limits
Part B: Employer's Liability
$100,000 each accident
$100,000 disease-each employee
$500,000 disease-policy limit
Note: Such insurance shall cover employees performing work on any and all projects
including but not limited to construction, demolition, and rehabilitation. Agency or its
contractors shall maintain coverages,if applicable. In the event the respective contractors
do not maintain coverage, Agency shall maintain the coverage on such contractor, if
applicable,for each applicable contract.
Additional Requirements
Such insurance amounts shall be revised upward at City's reasonable option and no more
frequently than once every 12 months,and Agency shall revise such amounts within 30 days
following notice to Contractor of such requirements.
Agency will submit to City documentation that it has obtained insurance coverage and has
executed bonds as required in this Contract prior to;payment of any monies provided hereunder.
Where applicable, ,insurance policies required herein shall be endorsed to include City as an
additional insured as its interest may appear. Additional insured parties shall include employees,
officers, agents, and volunteers of City.
Any failure on part of City to request certificate(s)of insurance shall not be construed as a waiver
of such requirement or as a waiver of the insurance requirements themselves.'
Insurers of Agency's insurance policies shall be licensed to do business in the state of Texas by
the Department of Insurance or be otherwise eligible and authorized to do business in the state of
Texas. Insurers shall be acceptable to City insofar as their financial strength and solvency and
each such company shall have a current minimum A.M.Best Key Rating Guide rating of A-:VII
or other equivalent insurance industry standard rating otherwise approved by City.
Deductible limits on insurance policies shall not exceed $5,000 per occurrence unless otherwise
approved by City.
In the event there are any local,federal or other regulatory insurance or bonding requirements for
the Program,and such requirements exceed those specified herein,the former shall prevail
Agency shall require its contractors to maintain applicable insurance coverages, limits, and other
requirements as those specified herein;and Agency shall require its contractors to provide Agency
with certificate(s) of insurance documenting such coverage. Also, Agency shall require its
contractors to have City and Agency endorsed as additional insureds(as their interest may appear)
on their respective insurance policies.
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Directors and Officers Liability coverage shall be in force and may be provided on a claims-made
basis. This coverage may also be referred to as Management Liability,and shall protect the insured
against claims arising out of alleged errors in judgment,breaches of duty and wrongful acts arising
out of their organizational duties. Coverage shall protect not only the entity, but all past,present
and future directors,officers,trustees,employees,volunteers and committee members.
Notwithstanding any provision in this Contract to the contrary, when applicable, Agency
shall comply with the requirements of 2 CFR 200.310 and shall, at a minimum,provide the
equivalent insurance coverage for real property and equipment acquired or improved with
CDBG Funds as provided to property owned by Agency.
18. CERTIFICATION REGARDING LOBBYING.
The undersigned representative of Agency hereby certifies, to the best of his or her
knowledge and belief,that:
No federal appropriated finds have been paid or will be paid,by or on behalf of Agency,
to any person for influencing or attempting to influencer an officer or employee of any
agency,a member of Congress,an officer or employee of Congress in connection with the
awarding of any federal contract,the making of any federal grant,the making of any federal
loan, the entering into of any cooperative agreement and the extension, continuation,
renewal, amendment, or modification of any federal contract, grant, loan or cooperative
agreement.
If any funds other than federally appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency,
member of Congress in connection with this federal contract, grant, loan or cooperative
agreement, Agency shall complete and submit Standard dorm-LLL, "Disclosure Form to
Report Lobbying,"in accordance with its instructions.
This certification is a material representation of fact upon which reliance was placed when
this Contract was made or entered into. Submission of this certificate is a prerequisite for
making or entering into this Contract imposed by 31 U.S.C. Section 1352. Any person
who fails to file the required certification shall be subject to a civil penalty of not less than
$10,000.00 and not more than$100,000.00 for each such failure.
Agency shall require that the language of this certification be included in all subcontracts or
agreements involving the expenditure of federal funds.
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19. LITIGATION AND CLAIMS.
Agency shall give City immediate notice in writing of any action,including any proceeding
before an administrative agency, filed against Agency in conjunction with this Contract or the
Program. Agency shall fiu`nish immediately to City copies of all pertinent papers received by
Agency with respect to such action or claim. Agency shall provide a notice to City within 10 days
upon filing under any bankruptcy or financial insolvency provision of law.
20. NOTICE.
All notices required or permitted by this Contract must be in writing and are deemed
delivered on the earlier date of the date actually received or the third day following deposit in a
United States Postal Service post office or receptacle; with proper postage, certified mail return
receipt requested; and addressed to the other Party at the address set out below or at such other
address as the receiving Party designates by proper notice to the sending Party.
Ci
Neighborhood Services Department
200 Texas Street
Fort Worth,TX 76102
Attention:Assistant Director
Telephone: 817-392-7540
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Copy to
City Attorney's Office
200 Texas Street
Fort Worth,TX 76102
Telephone: 817-392-7600
Copy to:
Neighborhood Services Department
200 Texas Street
Fort Worth,TX 76102
Attention: Management Analyst I
Telephone: 817-392-7583
Agency:
Trinity Habitat for Humanity
Gage Yager, Executive Director,
9333 N.Normandale St.
Fort Worth,TX 76116
Telephone: 817-926-9219
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21. AGENCY HAS LEGAL AUTHORITY TO ENTER INTO CONTRACT.
Agency represents that it possesses the legal authority,pursuant to any proper,appropriate
and official motion,resolution or action passed or taken,to enter into this Contract and to perform
the responsibilities herein required.
22. COUNTERPARTS.
This Contract may be executed in multiple counterparts,each of which shall be considered
an original, but all of which shall constitute one instrument which may be sufficiently evidenced
by one counterpart.
23. PROGRAM INCOME
Parties agree that no program income as defined by HUD shall be earned as a result of this
contract.
24. PROHIBITION ON CONTRACTING WITH COMPANIES THAT BOYCOTT
ISRAEL
Agency acknowledges that in accordance with Chapter 2270 of the Texas Government
Code, the City is prohibited from entering into a contract with a company for goods or services
unless the contract contains a written verification from the company that it: (1) does not boycott
Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel"
and "company"shall have the meanings ascribed to those terms in Section 808.001 of the Texas
Government Code. By signing this contract, Agency certifies that Agency's signature provides
written verification to the City that Agency: (1) does not boycott Israel; and (2) will not boycott
Israel during the term of the contract.
[SIGNATURES APPEAR ON NEXT PAGE]
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IN WITNESS WHEREOF,the Parties hereto have executed 3 duplicate originals of this
Contract in Fort Worth,Tarrant County,Texas.
ATTEST: CITY OF FORT
/WORTH
a By:
it Secr a2 emando Costa,Assistant City Manager
M&C: G-I hb II$ FORTS'
1295 Certification No.2019-4423 �4 '"".•..»',��.0 .
Date: January 16,2019
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APPROVAL RECOMMENDE * ,• �*
By:
Aubrey/Thag4rd,
Neighborhood Services Director
APPROVED AS TO FORM AND LEGALITY:
Jo Pate,
Assistant City Attorney
CONRACT COMPLIANCE MANAGER:
By signing,I acknowledge that I am the person responsible
for the monitoring and administration of this contract,including
ensuring all performance and reporting requirements
�" k-
Barbafa As ury,
Compliance and Planning agcer
Trinity Habitat for Humanity:
By:
Gage Y er
CEO
OFFICIAL RECORD
CDBG REHABILITATION CONTRACT 2019-2020 CITY SECRemm
Trinity Habitat for Humanity 2019-2020 Preserve A Home Program FT WORTH,TX
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EXHIBITS:
EXHIBIT"A"-Program Summary
EXHIBIT"A-I" 2018 HUD Income Limits
EXHIBIT"A-2"-Lead-Safe/Preserve A Home Program Partnership Environmental Review Process
EXHIBIT"A-3"—Required Documents for the Lead Safe Program
EXHIBIT'"B"—Budget
EXHIBIT"C" Audit Certification Form
EXHIBIT"D" Reporting Forms
EXHIBIT"E"Income Certification Forms
EXHIBIT"F Standards of Documentation"
EXHIBIT"G" Section 3 Reporting Forms
EXHIBIT"H" Certification of Severe Disability
EXHIBIT"I"—MBE Reporting Form
EXHIBIT"J"--Lead Safe Hazard Certification
EXHIBIT"K'-Conflict of Interest Disclosure Form
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CDBG REHABILITATION CONTRACT 2019-2020 Page 36
Trinity Habitat for Humanity 2019.2020 Preserve.A Home Program
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Trinity Habitat for Humanity EXHIBIT"A"
Preserve A Home Program PROGRAM SUMMARY
PROGRAM SUMMARY
(CDBG)
January 1,2019 to June 30,2020 $400,000.00
PERIOD AMOUNT
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Capitalized terms not defined herein shall have meanings assigned them in the Contract.
PROGRAM:
The Program provides home repairs to low income persons living in the Hillside-Morningside,
Como,Carver Heights East,and Ash Crescent neighborhoods of Fort Worth. Eligible
homeowners must be income eligible clients,occupy the home as their principal residence and
must not have the financial means or physical ability to renovate their homes.
Only exterior work will be completed,including replacing/repairing siding,roof replacement/
repair,replacing/re-glazing windows or doors,replacing trim and painting.
Agency or homeowner is responsible for submitting any application for City permits or
approvals.These approvals may include but are not limited to Historic&Cultural Landmarks
Commission,Board of Adjustment,Zoning approvals,and building inspections. Cost for permits
or approvals are reimbursable under this contract.
Agency must coordinate with City to ensure compliance with the Lead Safe Housing Rule.
Additionally,Lead Risk-Assessment costs are reimbursable under this contract.
CDBG funds will be used to pay for materials,building permits,contractor labor for the home
repairs and project delivery costs in the form of salaries and FICA insurance for staff directly
dealing with clients.
Agency is located at 9333 N.Normandale St.,Fort Worth,Texas 76116;with operating hours of
8:30 a.m.through 5:30 p.m.,Monday through Thursday and 8:30 a.m. through 4:00 p.m. on
Fridays.
Agency Program services will be delivered in the above listed neighborhoods at the homeowners'
residences during the hours of 7:00 a.m. and 6:00 p.m.Monday through Saturday.
REGULATORY CLASSIFICATION:
IDIS Matrix Code(s)and Service Category: 14A Rehab: Single-Unit Residential
National Objective Citation: LMH Low/Mod Housing Benefit 24 CFR 570.208(a)(3)
Regulatory Citation(s): 24 CFR 570.202(b)(11)
CDBG REHABILITATION PSA CONTRACT 2019—EXHIBIT"A"—PROGRAM SUMMARY Page 1
Trinity Habitat for Humanity
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Agency will maintain documentation that verifies that 100%of clients served by the Program are
Income Eligible Clients.
PROGRAM GOALS:
Minimum Number of Clients to be Served: The Program must serve a minimum of
24(80%)of the 30 proposed Unduplicated Clients at or below 80%Area Median Income
(AMI) as shown by the monthly reports on Attachment III.
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CDBG REHABILITATION PSA CONTRACT 2016-2017—EXHIBIT"A!'—PROGRAM SUMMARY Pagel
Fort Worth Area Habitat for Humanity,dba Trinity Habitat for Humanity
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EXHIBIT"A-1"
2018 HUD INCOME LIMITS
2018 Median Family Income-Fort Worth/Arlington,TX*
1 Person 2 Persons 3 Persons 4 Persons 5 Persons 6 Persons 7 Persons 8 Persons
30%AMI $15,800 $18,050 $20,300 $22,550 $24,400 $26,200 $28,000 $29,800
50%AMI $26,350 $30,100 $33,850 $37,600 $40,650 $43,650 $46,650 $49,650
80%AMI $42,150 $48,150 $54,150 $60,150 $65,000 $69,800 $74,600 $79,400
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*Income limits are published at least annually by HUD.
CDBG REHABILITATION CONTRACT EXHIBIT"A-1"—2018 HUD INCOME LIMITS Page 1
Trinity Habitat for Humanity-2019-2020 Preserve A Home Program
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EXHIBIT 2»
LEAD-SAFE/PRESERVE A HOME PROGRAtM PARTNERSHIP
ENVIORNMENTAL REVIEW PROCESS
• Agency is responsible for initial intake and application process,to include certification of client
qualifications based on following required documentation:
o Client is an Income Eligible client as defined by contract
o Client is a Fort Worth resident
o Client owns property or has permission from owner(s)to perform work
o Client is up to date on all property taxes
o Client signs authorization for work to be performed
• Referral to Lead-Safe Program(LSP)and Lead Risk-Assessment Conipletion
o Once Agency determines that client is eligible as described above,Agency will refer the client to
LSP staff by sending a written notification to the City's designated LSP intake personnel
o Agency,within staffing and program capacity,will assist City staff in obtaining the required items
listed on Exhibit"A-3"Required Documents for the Lead Safe Program
o City staff will determine if the client qualifies for the LSP
o If client qualifies for the LSP,LSP staff will be responsible for conducting a Lead Risk-
Assessment and complete an Environmental Review Request(ERR)for all work to be conducted
on the property,including Agency Program work,and clearly separated by program
o LSP will be responsible for returning the Notice to Proceed(NTP)issued by the City's
Neighborhood Service Department(NSD)to Agency in a timely manner once received
o If client does NOT qualify for the LSP,Agency will be responsible for procuring a Lead Risk-
Assessment prior to their submission of the ERR associated with the client and property in
question
• After Lead Risk-Assessment has been performed
o Determine what work needs to be completed to the outside of property(including any applicable
items found on the risk-assessment)
o Take color-photos of areas/items of work to be completed,as well as the following:
■ front of the property
■ left and right side view of property
■ house to the left and right
■ house across the street
■ left street view of homes
■ right street view of homes
o All photos must be in color,and clearly labeled
o Coordinate with client to obtain agreement on all work to be performed on the property.Client
must sign approval of the scope of work including acknowledgement and completeness of scope
to be performed by Agency
o Prepare a work-write up and cost estimate that includes all work proposed
• Preparation of initial ERR form and attachments
o Full description of all work to be performed
o Pictures as described above,provided to City contract administrator in electronic form
o NOTE;All proposed work MUST have picture documentation provided with the submission
of an ERR;all requests that lack proper picture documentation will be denied
CDBG REHABILITATION CONTRACT EXHIBIT"A-2"—LEAD-SAFE/PRESERVE A HOME
PROGRAM PARTNERSHIP&,ENVIORNMENTAL REVIEW PROCESS
Trinity Habitat for Humanity-2019-2020 Preserve A Home Program
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• Submit client qualification documentation,work write-up and ER request form with attachments to City
contract administrator for review via ZoomGrants,com
• After Environmental request is approved and a NTP received from NSD staff,Agency issues a NTP to
contractor for Agency portion of full scope of work
• Contractor performs work as described in the ERR
ERR Process Following Adequate Submission of all Required Docurnent(s):
• Environmental coordinator reviews request and attachments`for accuracy/completeness
• Environmental coordinator sends request to Historic Preservation Officer
• Historic Preservation Officer reviews and prepares letter to the Texas Historic Commission
• Texas Historic Commission has 30 days to review and conquer with City's determination of no impact,
remediation steps or provide additional guidance
• Historic Commission will notify Historic Preservation Officer of results
•, 'Historic Preservation Officer will provide results to designated City Senior Planner who will prepare
required forms and put together all attachments
• If no environmental impact is anticipated,Senior Planner will Sign and send environmental review to
Planning Manager,or designated authority,for signature
• Planning Manager,or designated authority,will sign and inform NSD staff when environmental review is
completed
• Contract administrator will send Agency'/LSP Staff a NTP and will include the environmental review and
all attachments
• LSP staff will order work to be performed by LSP contractor
• Once all work is done,City inspects work to verify work is consistent with environmental request
description and will perform tests to ensure interim controls were performed properly
• City reimburses once inspection is and proper reimbursement processes have been completed
CDBG REHABILITATION CONTRACT EXHIBIT"A-2"—LEAD-SAFE/PRESERVE A HOME
PROGRAM PARTNERSHIP&ENVIORNMENTAL,REVIEW PROCESS
Trinity Habitat for Humanity-2019-2020 Preserve A Home Program
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EXHIBIT"A-3"
REQUIRED DOCUMENTS FOR THE LEAD SAFI?PROGRAM
TO APPLY YOU WILL NEED:
❑ TO BE THE HOMEOWNER/TENANT OCCUPYING THE: HOUSE
❑ TO BE CURRENT ON YOUR PROPERTY TAXES
❑ NOT LOCATED IN A FLOOD PLAIN
❑ PROOF OF INCOME FOR THE ENTIRE HOUSEHOLD
❑ EMPLOYED
❑ IF PAID WEEKLY- 4 MOST RECENT PAYSTUBS
❑ IF PAID BIWEEKLY- 3 MOST RECENT PAYSTUBS
❑ IF PAID MONTHLY- 2 MOST RECENT PAYSTIBS
OTHER TYPE OF INCOME MAY INCLUDE:
❑ SOCIAL SECURITY I] V.A. BENEFITS
❑ RETIREMENT LETTER EJ FOOD STAMPS
❑ PENSION LETTER [] CERTIFICATION OF NO
❑ ANNUITY LETTER INCOME STATEMENT
❑ UNEMPLOYMENT [_] WORKMAN'S COMP.
❑ CHILD SUPPORT [:] OTHER SOURCES OF INCOME
❑ A VALID ID FOR ALL HOUSEHOLD MEMBERS WHO ARE 18 YEARS OF AGE OR OLDER
❑ MOST CURRENT UTILITY BILLS INCLUDING:
❑ WATER
❑ ELECTRIC
❑ GAS
❑ NO GAS (TOTAL ELECTRIC)
❑ MOST CURRENT BANK STATEMENT (AT LEAST 1 MONTH'S WORTH)
❑ CHECKING ❑ SAVINGS
❑ MORTGAGE STATEMENT
❑ NO MORTGAGE (HOME IS PAID FOR)
❑ IF APPLICABLE:
❑ VERIFICATION OF
EMPLOYMENT FORM
❑ PROOF OF ENROLLMENT
FOR FULL-TIME STUDENTS
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EXHIBIT"B"-BUDGET
Ac�ouat Grin . . ,.
rR
PME
Salaries 1001 $ 54,000.00 $ 36,000.00 $ $ 90,000.00
FICA 1002 $ 6,000.00 $ 4,000.00 $ 10,000.00
Life/Disability Insurance 1003 $ -
Health/Dental Insurance 1004 $ -
Unemployment-State 1005 $ -
Worker's Compensation 1006 $ -
Retirement 1007 $
Office/Program Supplies 2001 $ -
Postage 2002 $ -
Printing 2003 $ -
YOther(Transportation) 2004 $ -
77777777
Construction/Building Materials 3001 $ 340,000.00 $ 60,000.00 $ 400,000.00
Contract Labor/Permitting (City-
needs copy of contract before
expenses can be reimbursed) 3002 $ -
Food Supplies 3003 $ -
Teaching Aids 3004 $ -
Craft Supplies 3005 $ -
Field Trip Expenses 3006 $ -
Mileage 3007 $ -
OtherQ 3008
Other() ►7�7 3009
Telephone 4001 $
Electric 4002 $ -
Gas 4003 $
Water and Wastewater 4004 $ -
Solid Waste Disposal 4005 $ -
Rent(Citynced copyoflease
before expenses can be
reimbursed) 4006 $ -
Cleaning Supplies 4007 $
Other(Building Security) 4008 $ -
G '
Fidelity Bond or Equivalent 5001 $ -
Directors and Officers 5002 $ -
General Commercial Liability 5003 $ -
Other(Cvber Ins) 5004 $ -
7.
7777
Other() 6001
BUDGET TOTAL $ 400,000.00 $ - $ 100,000.00 $ 500,000.00
FUNDING A:Donated Funds
FUNDING B.Trinity Habitat Match Funds
CDBG REHABILITATION PSA CONTRACT 2019-2020-EXHIBIT"B"-BUDGET
Trinity Habitat for Humanity,2019-2020 Preserve A Home Program Page 1
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EXMIT"C"
AUDIT CERTIFICATION FORM
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CDBG REHABILITATION CONTRACT 2019-2020—EXHIBIT"C"—AUDIT CERTIFICATION FORM 1
Trinity Habitat for Humanity—2019-2020 Preserve A Home
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AUDIT CERTIFICATION FORM AND AUDIT REQUIREMENTS
Agency: Trinity Habitat for Humanity
Fiscal Year Ending: September 30,2020
❑ During the fiscal year in which funds will be received,we will exceed the federal expenditure
threshold of$750,000.We will have our Single Audit or Program Specific Audit completed
and will submit the audit report described in 2 CFR Part 200 within 7 months after the end
of the audited fiscal year or 30 days within its completion,whichever is the earlier date.
❑ During the fiscal year in which funds will be received,we will not exceed the$750,000 federal
expenditure threshold required for a Single Auditor a Program Specific Audit to be performed
this fiscal year. (Fill out schedule below)
}
Total Federal Expenditures for this Fiscal Year
Signatory and Title Date
Failure to submit this or a similar statement or failure to submit a completed single audit package
as described in the federally required audit requirements described in 2 CFR Part 200, as
applicable,by the required due date may result in suspension of funding and may affect eligibility
for future funding. Notwithstanding the above, this certification acknowledges the agency's
commitment to meet all other financial reporting,financial statements, and other audit
requirements as may be set forth'in the Contract.
CD13G REHABILITATION CONTRACT'2019-2020—EXHIBIT"C"—AUDIT CERTIFICATION FORM 2
Trinity Habitat for Humanity—2019-2020 Preserve A Home
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Exhibit "D" --Reporting Forms
[See attached]
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Attachment I
INVOICE
Agency: Trinity Habitat for Humanity
Address: 9333 N. Normandale St.
City, State, Zip: Fort Worth, TX 76116
Program: 2019-2020 Preserve a Home Program
Period of Service:
Tax ID No.
P.O. No.
FID No.
�� � s� �#?�■y�(x�(�yr.—/y��m >i 7z� 7� rt �+ 2 '��g � � '��yjj�j 3.
� s iP f r' - � ;.. r x • f •' �,7 i 7,�yL t � �i s$7_:' i ! as., ��,' ��� � h
lCDBG
2
ATTACHMENT 11
City of Fort Worth
Neighborhood Services Department
Expenditure Worksheet
Ageocy: Tslutty Habitat for Hamaoitz_ _
Program: 2019-2020 Prawn a Horse kro nm
i0*blIftlited cedes can be rdmboroad
Please u like account eodes.
rS� �''M �y r5• - t ti - '�'�y2 w F�z�, � r £ f � , it's, ��� h c � r,..,
2 Sakaies 1001{^
3 FICA 1002
4 LifeMisability Insurance 1003
5 Healthavental Insurance 1004
Unern to ent-State 1005
7 Workers compensation 1006
9 Retirement 1007
9 ,
10 Officeftoffarn Supplies 2001
11 1 Postaste 2002
12 Printing 2003
13 Othe 2004
14
15 ConstmcdonMuMnitlVacrials 3001
16 Contract Labor 3002
17 Food Su lies 3003
Is Teachinit Aids 3004
19 Craft Supplies 3005
20 Field Trip Experows 3006
21 Milew 3007
22 Other 3009
23 Other 3009
24
25 Telephone 4001
26 Blowic 4002
27 Gas 4003
28 Water and Wastewater 4004
29 Solid Wane Disposal 4005
30 Rent 4006
31 Cleaning Supplies 4007
32 OtherO 4009
33
34 Fidelity Bond or Equivalent 5001
35 Directors andOfticacs 5002
36 General Commercial Liability5003
37 O 5004
38 rr
39 OffictOG001
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
Total $0.00
Vor-SaMes,state employee's tide wrier Deseriptionnob Title. Rent must identify tenant
3
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EXHIBIT L°E"
INCOME CERTIFICATION FORMS
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CDBG REHABILITATION CONTRACT 2019-2020—EXHIBIT"E"—FORM OF INCOME CERTIFICATION Page 1
Trinity Habitat for Humanity 2019-2020 Preserve A Home Program
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City of Fort Worth
CERTIFICATION OF INCOME STATEMENT
Applicant Name:
Current Address: Phone#:
City and Zip:
Household Members and Income
( ncluding applicant)
Last Name First Name Age Monthly Source of Income
Income$$
TOTAL NUMBER OF FAMILY MEMBERS (Include Yourself,Spouse,Children,etc.)
Total Gross Annual Household Income:
PERSONAL INFORMATION:(Check one in each item. This Information is Required for Federal Reporting Purposes)
a. ❑MALE b.❑WHITE ❑BLACK/AFRICAN AMERICAN ❑BLACKIAFRICAN AMERICAN&WHITE
❑FEMALE ❑AMERICAN INDIAN/ALASKAN NATIVE ❑ASIAN
❑AMERICAN INDIAN/ALASKAN NATIVE&WHITE ❑ASIAN&WHITE
❑NATIVE HAWAIIAN/OTHER PACIFIC ISLANDER ❑BALANCE/OTHER
❑AMERICAN INAIAN/ALASKAN NATIVE&BLACK/AFRICAN AMERICAN
c. 13THNICITY d. DISABLED e. IS HEAD OF HOUSEHOLD FEMALE?
❑HISPANIC ❑YES ❑YES
❑NON-HISPANIC ❑NO ❑NO
Cerfi ication: I certify that the information I am providing is true and could be subject to verification at any
time by a third party. I also acknowledge that the provision of false information could leave me subject to the
penalties of Federal, State and local law.
Signature of Applicant: Date
WARNING: TITLE 18,SECTION 1001 OF THE U.S.CODE STATES THAT A PERSON IS GUILTY OF A FELONY
FOR KNOWINGLY AND WILLINGLY MAKING FALSE OR FRAUDULENT STATEMENTS TO ANY DEPARTMENT OF
THE UNITED STATES GOVERNMENT.
use by Agency staff only------------_--
Household Size: Gross Annual Income: _
Applicable Income Limit: Is Applicant Eligible?
Check if Applicant refused to provide demographic information: 0
Staff Assessment of Demographics:
Person Making Determination: Date:
NOTE: Address, income amounts and sources for ALL household members are required
CDI3G REHABILrI ATION CONTRACT 2019-2020—EXHIBIT"E"—FORM OF W WME CERTIFICKFION Page 2
Trinity Habitat for Humanity 2019-2020 Preserve A Home Program
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Ciudad de Fort Worth
CERTIFI =6N DE DECLARACI6N DE INGRESOS
Nombre del Solicitante:
Direcci6n de Actualidad: Telefimo:
Ciudad y C6digo Postal:
Miembros Del Hogaz a In resos
Inclu endo el/la Solicitante
Apellido Nombre Edad Ingreso Origen de Ingresos
Mensual
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*TOTAL NUMERO DE MIEMBROS DEL HOGAR (Incluyase Usted.)
Total Anual de Ingresos del hogar:
**INFORMAci6N PERSONAL:(Seleecione uno en cada articulo. Esta informaci6n es requerida por el Gobiemo federal.)
a. ❑MASCULINO b.❑BLANCO ❑NEGRO/AFRICANO A vMRICANO ❑NEGROIAFRICANO AMERICANO&BLANCO
❑MUNINO ❑INDIO AMERICANO/NATIVO DE ALASKA [�ASIATICO
❑INDIO AMERICANO/NATIVO DE ALASKA&BLANCO ❑ASIATICO&BLANCO
❑NATIVO HAWAIANO/OTRO DE LAS ISLAS PACIFICAS D BALANCE/OTRO
[]INDIO AMERICANO/NATIVO DE ALASKA&NBGRO/AFRICANO AMERICANO
c. ETHNICIDAD d. INCAPACITADO e. LES LA CABEZA DEL HOGAR MUJER7
❑HISPANO ❑SI ❑SI
❑NO-HISPANO ❑NO ❑NO
Certificaei6n:Yo certifico que la informaci6n que yo estoy proporcionando es verdadera y puedo ser sujeto a
verificaci6n a cualquiera hors por tercera parte. Yo tarnbi6n reeonozco que la provisi6n de informaci6n falsa
puede dejarme sujeto a penalidades Federales,Estatales, y a ley local.
Firma del Solicitante Fecha
A.DVERTENCIA:TITULO 18,SECCI6N 1001 DEL CbDIGO DE LOS ESTADOS UNIDOS INDICA QUE UNA
PERSONA ES CULPABLE DE UN DELITO POR SABER Y VOLUNTARIAMENTE RACER DECLARACIONES FALSOS O
FRAUDULENTAS A CUALQUIER DEPARTAMENTO DE GOBIERNO DE LOS ESTADOS UNIDOS.
---Para use de etn leados de fa a encia----- -------
#De Miembros de Familia: Ingreso Anual:
Limite de Ingreso: LEs solicitante elegible?
Compruebe si el solicitante se neg6 a dar su informaci6n personal: 0
Evaluaci6n del empleado sobre informaci6n personal:
Persona haciendo la determinaci6n: Fecha:
Note: La direcci6n de la Casa y los ingresos(y sus origenes) para todos mie►r►hros del hogar son requeridos
CDBG REHABILITATION CONTRACT 2019-2020—EXHIBIT"E"—FORM OF INCOME CERT!I'ICATION Page 3
Trinity Habitat for Humanity 2019-2020 Preserve A Home Program
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2018-2019 Documentation Standards for
CDBG Public Service Contract Expenses
Budget Line E 8
'��
t11. t a{Ilolcspd qnd determinpd prlgrtq theutloofft. �r Apn„t5. 4the ralmptNsemsAogb�iC of pn A +�pPlQyea
ire fJrior Gi(y ippcov#II AfJenctee mtr�trahoyv dr+lrrylat�op by hors t)fi CD paron(��¢t►}Ploype E behjeilts MiEre dai�ulated ydq�ls{ rt wlf�liitttpBG
If an employee works on both a CDBG eligible and own-CDBG eligible program(s),the City will only reimburse for a rnesonable pardon
of the employee's salary. Prior to the execution of the CDBG Contract,the Agency will priovide the City with a written statement on how
each employee's time will be allocated, If an employee works 100%of their time directly with the CDBG-funded Program,then 100%of
the employee's salary may be eligible for reimbursement. Agency must submit a written statement that 100%of the employws time is
spent working directly with the CDBG-funded Program. Statements must be signed by a parson authorized to sign on bshaN of the
Agency and will be submitted with the October invoice.
Salaries X x• Reimbursement requests must Include a timesheet and work log that reflects the hours worked by the employee(s)working directly on
the CDBG-funded Program. For employees who are paid with multiple funding sources,timesheets must reflect all funding sources. If
separate timesheets are kept for each funding source,all such timeshoets must be submitted to City. Timesheets must be signed by
employee and supervisor. Agency must show a calculation and documentation of tow the employee's salary was calculated and
Invoiced to City.
•II employees are paid by direct deposit rather than check,then the agency must submit both the direct deposit payment company's
report(such as an ADT report)and a bank statement or check showing payment to the direct deposit company.
171CMadicam X X X
We Insurance X X X
Health If the City pays gross salary,this is already included.M the City pays the employer portion,the Agency must provide proof that the
Insurance x X X employee Is enrolled in the benefit plan,must show a calculation and documentation of how the invoiced amount was calculated,and
Disability x x x must provide documentation showing payment.Invoice and proof of payment are only required with the first reimbursement request and
Insurance at any time them are charges to amounts,enrollments.disenrollments,etc.
Unemployment x x x
Insurance
If the City pays gross salary,this Is already included.If the City pays the employer portion,the Agency must provide proof that the
Retirement x X jx
employee is enrolled in the benetd plan,must shows calculation and documentation of how the invoiced amount was calculated,and
must provide documentation showing payment.Invoice and proof of payment are only required with the first reimbursement request and
at any time there are changes to amounts enrollments dieenrollmenho,etc.
I f?gylpineM Gegds snit Suppibs Clly Wtll orlhr refr y for lire Dolt adocatrgd perger�l or { ' h1 support of the CO G funded doom - erlcb;
I tq rpt}1?bGrnsn3entfor thpe items will faquln:prior Cfgf epproval��lgbrtcles must slow a.lcula o n� �fh'e CpBG portion of these ekprtnsiw Ws�.r fr:ulate+�
thebBGCd�lVacti �u q rfia 4 I k s r,
Office Suppnes X X x
Office
Equipment x X 1XI
X X
Rental
Postage X X1 I I I X
Printing X X1 I I X
Construction&
Building X X X x
Materiels
Sport and
Recreation X X X
E ul ment
Cleaning X X X
Su lies
Teaching Aids x X X
Craft Supplies I X X X
Food Supplies X x x
ii litllit�e�q�d fda�ntenance City will only'psy fo f a pgrUrOtt of these expenses Th+ppMlort�f theirs `et�e r hNtll 4e dstemrinad by the lqurars foottl�e ettribuGble to,.
i C C. una t Pro�rajn anrlThe t rtls Ibis w to Free or C p}n$ll and ge6 t ®t r any'K,nd'!n8 sou cut thofpp's i then �a�of hie
Poll aid whit CDFtG funds. Ape�ciarr Itluit aho4v ciltion on how th4 CD�G poMlon of ala�eXpnsset rleni daiciilated conietODyyrllhbGDBd
Telephone x X
Gas X X
Water/Wastaw x x
star
ElectricX X
Solid LNgste X X
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Faclifty This Item requires approval by the City prior to the execution of the CDBG Contract. Repairs maybe categorized as majorlminor
Maintenance X X X X
and Repairs rehabllltation projects and must he approved through the full HUD Env)ronmetatRevlew.
Rent X X X City will pay for a portion of the rent for the Program facility so long as its in proportion to the square footage attributable to the CDBG
funded program.
This Rem requires prior approval by the City. Prior to the execution of the CDBG Contract,the Agency must submit a written statement
Contracted that lists the contracted services to be used during the Contact.term. Agency will submit a memo related to the procurement of such
Services X X X X X services and will forward any information pertaining to the procurement process to City, This requirement applies to,but is not limited to,
services retained for security services,legal,accounting,transportation providers,educational facilitators,custodial services,
rehabilitation services,home repair,and like items.Agencies may not use the contract services of any City of Fort Worth Department.
City-required X X City will only pay for a percentage of the City-required Insurance at)long as it's in prpportion to the square footage attributable to the
Insurance CDBG-funded program.
City requires that the agency submit its fee schedule or formula on how the Agency calculates the childcare scholarship amount. The
fee schedule/formula should demonstrate a breakout of Income levels,and for each income level the schedule should demonstrate
Childcare X X which portion of the expense is to be paid by the family and which portion of the expense is to be reimbursed by the City. A fee
Scholarships scheduleHofmula must be submitted to the City prior to the first payment.Agency must submit documentation supporting that the client
Is Income eligible and that the household is being charged in conformance with the fee schedule._If the fee schedulelformula changes at
any time during the contract term,the Agency must Immediately notity City on the date the new fee schedulelformula takes into effect
H an audit Is required because federal funds exceed$750,000,then the cost should be split evenly by all grant funding sources. Agency
Audit Services X X X X must show calculation on how the CDBG portion of the accounting services were calculated. For example,if the CDBG grant is 10%of
your Agency's budget,then invoice shall not exceed 10%of the overall cost. Agency must show a calculation and documentation of
hour the Invoiced amount was calculated,and must provide documentation stowing payment,
'Proof of payment effective October 1,3013;payments or Expenses must be documented in the following manner:
A)Image of the check AND bank statement showing the check cleared the bank;OR,
B)Image of the cancelled check{ex.At end of bank statement);OR,
C)Payroll Check Stub,'Advice",or Statement AND Bank Statement indicating payroll;OR,
D)For wire or e-transfers:Reciept or statement from payeelvendor OR bank statement.
waves afOWWOn oc
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EXHIBIT "G.(f
Section 3 Summary Report U.S.Department of Housing OMB Approval No: 2529-0043
Economic Opportunities for and Urban Development (exp.11/30/2010)
Low—and Very Low-Income Persons Office of Fair Housing
And Equal Opportunity NuoFtewortlo•;
section back of page for Publo Reporting Burdett statement
1.Recipient Name&Address:(street,sty,state,zip) 2.Federal Iden0atlon: (grant no.) 3.Total Amount o(Avmrd:
4.Contact Parson &Phone: (Include area code)
0.tsngth Grant 7,ReportingPerlod:
S.Date Report Submitted: 9.Program Code; (Use separate sheet 10.Program Name:
tot each program code)
Part 1: Employment and Training •'Columns B,C and F are mandato fields. Include New Hires in E&F
A a C D E F
Number of Numberof New 9¢of Aggregate Number °X of Total Staff Hours Number of Section 3
Job Category New Hires Hires that are of Stott Hours of New Hires for Section 3 Employees Trainees
Sec,3 Residents that are Sec.3 Residents and Trainees
P ofessionals . � - �
I
Technicians
Offife/ClerlCall
Construction by Trade(List)
Trade
TE'elde
Trade
Trade
Other L st
r
TOW
•Program Codes 3=PublIcAndlan Housing 4-Homeless Assistance 8-CDBG StateAdminlstered
1=Flexible Subsidy A=Development. 6=HOME 9=Other CD Programs
2=Section 202f011 B-Operation 0=HOME State Administered to-Other Housing Programs
C=Modernization 7=COaG Entitlement
Pags 1 of 2 form HUD 60002 t60001)
Ref 24 CFR 135
Part It: Contracts Awarded
1, Construction Contracts:
A, Total dollar amount of all contracts awarded on the project $
B. Total dollar amount of contracts awarded to Section 3 businesses $
C. Percentage of the total dollar amount that was awarded to Section 3 businesses
D. Total number of Section 3 businesses receiving contracts
2. Non-Construction Contracts:
A. Total dollar amount all non-construction contracts awarded on the projectlactivily $
B. Total dollar amount of non-construction contracts awarded to Section 3 businesses 3
C. Percentage of the total dollar amount that was awarded to Section 3 businesses %
D. Total number of Section 3 businesses receiving non-construction contracts
Part III: Summary
Indicate the efforts made to direct the employment and other economic opportunities generated by HUD financial assistance for housing
and community development programs,to the greatest extent feasible,toward low-and very low-income persons,particularly those who
are recipients of government assistance for housing. (Check all that apply.)
Attempted to recruit low-income residents through: local advertising media,signs prominently displayed at the project site,
contracts with the community organizations and public or private agencies operating within the metropolitan area(or
nonmetropolilan 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 Youthbulld 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.1701u,mandates that the Department ensures that
employment and other economic opportunities generated by its housing and community development assistance programs are directed
toward low-and very-low Income persons,particularly those who are recipients of government assistance housing. The regulations are
found at 24 CFR Part 135. The information will be used by the Department to monitor program recipients'compliance with Section 3,to
assess the results of the Department's efforts to meet the statutory objectives of Section 3,to prepare reports to Congress,and by
recipients as self-monitoring tool, The data is entered into a database and will be analyzed and distributed. The collection of information
involves recipients receiving Federal financial assistance for housing and community development programs covered by Section 3. The
information will be collected annually to assist HUD in meeting its reporting requirements Linder Section 808(e)(6)of the Fair Housing Act
and Section 916 of the HCDA of 1992. An assurance of confidentiality is not applicable to this form. The Privacy Act of 1974 and OMB
Circular A-108 are not applicable. The reporting requirements do not contain sensitive questions. Data Is cumulative:personal Identifying
information is not Included.
Page 2 of 2 form HUD BOD02(1112010)
Ref 24 CFR 135
i
Form HUD-60002,Section 3 Summary Report,Economic Opportunities for Low-and Very Low-Income Persons.
Instructions: This form is to be used to report annual 8, Program Code: Enter the appropriate program code as listed at
accomplishments regarding employment and other economic the bottom of the page.
opportunities provided to low-and very low-income persons under 9. Program Name; Enter the name of HUD Program corresponding
Section 3 of the Housing and Urban Development Act of 1968. The with the"Program Code'in number 8.
Section 3 regulations apply to any public and Indian housing
programs that receive: (1)development assistance pursuant to part 1: Employment and Training Opportunities
Section 5 of the L.S.Housing Act of 1937;(2)operating assistance Column A: Contains various job categories. Professionals are
pursuant to Section 9 of the U.S.Housing Act of 1937;or(3) defined a3 people who have special knowledge of an occupation(i.e.
modernization grants pursuant to Section 14 of the U.S.Housing Act supervisors,architects,surveyors,planners,and computer
of 1937 and to recipients of housing and community development programmers). For construction positions,list each trade and provide
assistance in excess of$200,000 expended for: (1)housing date In columns B through F for each trade where persons were
rehabilitation(including reduction and abatement of lead-based paint employed. The category of"Other'includes occupations such as
hazards);(2)housing construction;or(3)other public construction service workers.
projects;and to contracts and subcontracts In excess of ff00,000 Column B: (Mandatory Field) Enter the number of new hires for
awarded in connection with the Section-3-covered activity. each category of workers Identified in Column A in connection with
Form HUD-60002 has three parts,which are to be completed for this award. New hire refers to a person who is not on the Contractor's
all programs covered by Section 3. Part I relates to employment or recipient's payroll for employment at the time of selection for the
and training.The recipient has the option to determine numerical Section 3 covered award or at the time of receipt of Section 3 covered
employment/training goals either on the basis of the number of hours assistance.
worked by new hires(columns B,D,E and F). Part ll of the form Column C: (Mandatory Field) Enter the number of Section 3 new
relates to contracting,and Part 111 summarizes recipients'efforts to hires for each category of workers identified in Column A in
comply with Section 3, connection with this award. Section 3 new hire refers to a Section 3
Recipients or contractors subject to Section 3 requirements must resident who is not on the contractor's or recipient's payroll for
maintain appropriate documentation to establish that HUD financial employment at the time of selection for the Section 3 covered award or
assistance for housing and community development programs were at the time of receipt of Section 3 covered assistance.
directed toward low-and very low-income persons.' A recipient of Column D: Enter the percentage of all the staff hours of new hires
Section 3 covered assistance shall submit one copy of this report to (Section 3 residents)in connection with this award.
HUD Headquarters,Office of Fair Housing and Equal Opportunity. Column E: Enter the percentage of the total staff hours worked for
Where the program providing,assistance requires an annual Section 3 employees and trainees(including new hires)connected
performance report,this$action 3 report Is to be submitted at the with this award. include staff hours for part-time and full-time
same time the program performance report is submitted. Where an positions.
annual performance report is not required,this Section 3 report is to be Column F. (Mandatory Field) Enter the number of Section 3
submitted by January 10 and,if the project ends before December 31, residents that were trained in connection with this award.
Within 10 days of project completion. Only Prime Recipients are Part if: Contract Opportunities
required to report to HUD. The report must Include Block 1: Construction Contracts
accomplishments of all recipients and their Section 3 covered Item A: Enter the total dollar amount of all contracts awarded on the
contractors and subcontractors, project/program.
HUD Field Office: Enter the Field Office name. Item 8: Enter the total dollar amount of contracts connected with this
1. Recipient Enter the name and address of the recipient project/program that were awarded to Section 3 businesses.
submitting this report. Item C: Enter the percentage of the total dollar amount of contracts
2. Federal Identification: Enter the number that appears on the connected with this project/program awarded to Section 3 businesses.
award form(with dashes). The award may be a grant, Item D: Enter the number of Section 3 businesses receiving awards.
cooperative agreement or contract. Block 2: Non-Constructlon Contracts
3. Dollar Amount of Award: Enter the dollar amount,rounded to the Item A: Enter the total dollar amount of all contracts awarded an the
nearest dollar,received by the recipient. project/program.
4&5. Contact Person)Phons: Enter the name and telephone number Item Bc Enter the total dollar amount of contracts connected with this
of the person with knowledge of the award and the recipient's project awarded to Section 3 businesses.
implementation of Section 3. Item C: Enter the percentage of the total dollar amount of contracts
6, Reporting Period: Indicate the time period(months and year) connected with this project/program awarded to Section 3 businesses.
this report covers. Item D: Enter the number of Section 3 businesses receiving awards.
7. Date Report Submitted: Enter the appropriate date. Part Ill: Summery of Efforts—Self-explanatory
Submit one(1)copy of this report to the HUD Headquarters Office of
Fair Housing and Equal Opportunity,at the same time the The Secretary may establish income ceilings higher or lower than 80 percent
performance report Is submitted to the program office. The Section 3 of the median for the area on the basis of the Secretary s findings such that
report is submitted by January 10. Include only contracts executed variations are necessary because of prevailing levels of construction costs
during the period specified In Item B. PHAs/IHAs are to report all or unusually high-or low-Income families, Very low-income persons mean
contracts/subcontracts. low-Income families(including single persons)whose incomes do not
exceed 50 percent of the median family Income area,as determined by the
The terms'low-income persons"and very low-income persons"have Secretary with adjustments or smaller and larger families,except that the
the same meanings given the terms In section 3(b)(2)of the United Secretary may establish Income ceilings higher or lower than 50 percent of
States Housing Act of 1937. Low-income persons mean families the median for the area on the basis of the Secretary's findings that such
(including single persons)whose incomes do not exceed 80 percent of variations are necessary because of unusually high or low family incomes.
the median income for the area,as determined by the Secretary,with
adjustments for smaller and larger families,except that
Page I form HUD60002(11)2010)
Ref24 CFR 135.
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EXHIBIT KH"
CERTIFICATION OF SEVERE DISABILITY
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CERTIFICATION FORM DOCUMENTING CLIENT STATUS AS
"SEVERELY DISABLED ADULT"
Client Name;
Address:
City,State,Zip
Client Identification No.
CHECK ALL THAT APPLY
Has used a wheelchair, a walker, cane , crotches or other special aid for six
months or longer
III
Has been diagnosed with one of the following conditions Alzheimer's
disease, mental retardation or other developmental disability, senility or
dementia, cerebral palsy, or autism; or has another mental or emotional
condition that seriously interferes with everyday tasks.
Is unable to perform one or more of the following "Functional Activities":
El seeing, hearing, speaking and having one's speech understood, lifting or
carrying,using stairs, grasping small objects,or walking.
Is unable to perform or needs assistance to perform one or more of the
following Activities of Daily Living (ADL): getting around inside the home,
getting in or out of bed or a chair,bathing, dressing, eating,and toileting.
Is unable to perform or needs assistance to perform one or more of the
following Instrumental Activities of Daily Living (IADL): going outside the
home, keeping track of money and bills, preparing meals, doing light
housework, taking prescription medications in the right ainount and at the right
time,and using the telephone.
❑ Has a condition that prevents them from working at a job or doing housework.
The.undersigned Agency representative conducted a visual assessment of the client identified on
this form and certifies that the client meets at least one of the conditions indicated above, which
determines that he/ she meets the definition of"severely disabled according to the U.S. Census
Bureau.
Certified by: Date:
Signature/Title:
CDBG REHABILITATION CONTRACT 2019-2020-EXHIBIT"H"-SEVERELY DISABLED Page 2
CERTIFICATION FORM
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EXHIBIT"I"
MBE REPORTING FORM
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EXHIBIT"J"
LEAD SAFE HAZARD CERTIFICATION
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CERTIFICATION REGARDING COMPLIANCE WITH LEAD-SAFE HOUSING RULE
FOR
MINOR REHABILITATION PROGRAMS UNDER$5000
ADDRESS OF PROPERTY TO BE REPAIRED:
YEAR BUILT:
SCOPE OF REPAIR/REHABILITATION:
Painted Surfaces: Will be disturbed
I
Will NOT be disturbed.
If Painted surfaces will not be disturbed,explain:
For Painted Surfaces that will be disturbed: (attach photos of worksite)
- Work Area is Interior and is Not Larger than 2 Square Feet:
- Work Area Is Interior and is Lar er than 2 Square Feet:
- Work Area is Exterior and is Not larger than 20 Square Feet:
- Work Area is Exterior and is Larger than 20 Square Feet:
Housing unit is occupied by Elderly Person and/or Disabled Person: Yes No
Children Under 6 Years of Age Reside at/Regularly Visit this Housing Unit: Yes No
Lead Based Paint Information Pamphlet Provided to Homeowner/Resident: Yes No
Date Pamphlet Provided
In housing built before 1978,for Work Areas Exceeding the above 2 Square Foot/20 Square Foot De-Minimis Levels,
and where children under 6 are expected to Reside/Regularly Visit the housing unit, lead-Certified Contractors must
be used,Lead Safe Work Practices must be performed and Dust Wipes/Tests must be performed following completion
of the rehabilitation work.
Housing units constructed after 1978, and Pre-1978 Housing Units designated for Elderly or Disabled Persons where
children are not expected to reside/visit regularly, are Exempt from the Lead Safe Housing Rule in accordance with 24
CFR 35.110,Definition of TargetHousing.
I certify that the information provided above is true and correct
Certification by Agency Staff:
Printed Name and Title:
CDBG REHABILITATION CONTRACT 2019-2020—EXHIBIT"J"-DEAD SAFE HAZARD CERTIFICATION Page 2
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EXHIBIT"K"
CONFLICT OF INTEREST DISCLOSURE FORM
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ORT CURT li
CONFLICT OF INTEREST DISCLOSURE:
The assistance you are applying for is funded using Housing and Urban Development(HUD)funds and because of this
our office is requesting the following information in order to comply with the funding requirements. Please complete
this form to the best of your ability,sign it,and return it to this Agency at your earliest convenience.
NAME ADDRESS: _—
TELI PHONE: E-MAIL ADDRESS(if applicable)
1. Are you employed by the City` of Fort Worth? YES NO
1 a.If yes,by which Department and Division:
2. Were you employed b the City of Fort Worth within the most recent 12-monthperiod? I Ej YES NO
2a.If yes,by which Department and Division:,
3. Are any members of your immediate family currently employed by the City of Fort Worth?
(`Immediate Family"includes(whether by blood or adoption):the spouse,parent(including a stepparent), 0 YES El NO
child(including a stepchild),brother,sister(Including a stepbrother or stepsister),grandparent,grandchild,
and in-laws.
3a.,If yes,please provide relative's name(s),Department(s),and Division(s)
4. If No,were any members of your immediate family employed by the City of Fort Worth YES NO
within the most recent 12-month period?
4a. If yes,please provide relative's name(s),previous Department(s),and Division(s):
5. Are you an elected or appointed official,or agent or consultant of the City of Fort Worth? I YES' NO
5a.If yes,by which Department and Division;
6. Are any immediate family members an elected or appointed official,or agent or consultant YES ❑NO
of the City of Fort Worth?
6a.If yes,please provide relative's name(s),Department(s),and Division(s):
Certificatlon I understand and agree that the City may/will contact the City of Fort Worth department including all supervisors
in order to determine whether-any of these persons' employment or official functions are or were related to the City's use of
federal grant funds and whether federal funds can be provided. I certify that the information I am providing is true and
could be subject to verification at any time by a third party. I also acknowledge that the provision of false information
could leave me subject to the penalties of Federal,State and local law.
WARNING: TITLE IS, SECTION 1001 OF THE U.S. CODE STATES THAT A PERSON IS GUILTY OF A FELONY FOR KNOWINGLY AND
WILLINGLY MAKING FALSE OR FRAUDULENT STATEMENTS TO ANY DEPARTMENT OF THE UNITED STATES GOVERNMENT.
Applicant/Prospective Applicant Signature Date
For City Staff Only: Once this form is completed and if"Yes" is marked on any of the above questions, please
return it to your Compliance Specialist as soon as possible for processing.If you have any questions,please contact
Barbara`Asbury,,Grants Manager, Compliance Division, at 817-392-7331, or Charletta Moaning, Sr. Contract
Compliance Specialist,at 817-392-7333 or at charietta.moaning@fortworthgov.org.
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City of Fort Worth, Texas
Mayor and Council Communication
-- CQUNClL*bTIQN: Approved on 612612018
DATE: Tuesday, June 26, 2018 REFERENCE NO.: G-19326
LOG NAME: 19ADOPT 2018NOFA RECOMMENDATIONS
SUBJECT:
Adopt Funding Recommendations and Authorize Change in Use and Expenditure of Community
Development Block Grant Funds in the Amount of$1,000,000.00 and HOME Investment Partnerships
Program Grant Funds in the Amount of$1,056,000.00,Authorize Execution of Related Contracts,
Authorize Substantial Amendments to the City's 2011-12, 2013-14, 2014-15, 2015-16, 2016-17, and 2017-
18 Action Plans, and Authorize Substitution of Funding Years (COUNCIL DISTRICTS 3, 5, 8 and 9)
RECOMMENDATION:
It is recommended that the City Council:
1.Authorize substantial amendments to the City's 2011-12, 2013-14, 2014-15, 2015-16, 2016-17, and
2017-18 Action Plans;
2. Authorize the City Manager or his designee to substitute current and prior funding years in order to
meet commitment, disbursement and expenditure deadlines for use of grant funds from the United States
Department of Housing and Urban Development;
3. Adopt the funding recommendations from the City's Community Development Council listed below;
4. Authorize the change in use and expenditure of$1,000,000.00 in prior years Community Development
Block Grant funds and$1,056,000.00 in prior and current years HOME Investment Partnerships Program
grant funds to the entities for the projects listed below;
5. Authorize the City Manager or his designee to execute contracts with the entities for the projects on the
terms and conditions listed below;
6. Authorize the City Manager or his designee to extend the contracts for two one-year extensions if such
extension is necessary to complete the projects; and
7. Authorize the City Manager or his designee to amend the contracts if necessary to achieve project
goals provided that the amendment is within the scope of the project and in compliance with City policies
and applicable laws and regulations governing the use of federal grant funds.
DISCUSSION:
On February 9, 2018,the Neighborhood Services Department issued a Notice of Funding Availability
(NOFA) and Request for Qualifications(RFQ)for available prior and current years Community
Development Block Grant(CDBG)funds and HOME Investment Partnerships Program (HOME)
grant funds from the United States Department of Housing and Urban Development(HUD)for eligible
projects throughout the City. The purpose of the NOFA and RFQ was to integrate the use of federal grant
funds with existing City priorities in order to maximize positive and visible outcomes for neighborhoods,
Lognarne: 19ADOPT_2018NOFA RECOMMENDATIONS Page 1 of 3
align planning for the use of federal grant funds with the City's corporate decision-making processes for
capital funding and identify and rank potential projects for both current and future years.A total of 29
proposals in response to the NOFA and RFQ were received from City departments, nonprofit agencies
and affordable housing developers.
Staff reviewed all of the proposals and developed recommendations for allocations of the CDBG and
HOME funds and presented them to the Community Development Council (CDC) on May 16, 2018.The
CDC considered the recommendations and voted to recommend the ones listed below in Tables1 and
2. Staff presented the CDC's recommendations to the Housing and Neighborhood Services Committee
on June 5, 2018 and to the City Council at its Work Session on June 12, 2018. In addition, a notice of a
30-day public comment period was published In the Fort Worth Star-Telegram on May 25,
2018. Summaries of the CDC's recommendations for use of CDBG and HOME funds from the NOFA are
provided in Tables 1 and 2.
TABLE 1
CDBG Projects: Amount
Fort Worth Area Habitat for Humanity,Inc.d/b/a Trinity Habitat for Humanity"Preserve a $400,000.00
Home"Repair Program: Repair assistance for approximately 30 low and moderate income
homeowners for exterior home repairs such as siding,painting,roofs,doors,windows or other $600,000.00
improvements,to promote neighborhood revitalization in the Como, Ash Crescent,
illside/Morningside and Carver Heights East neighborhoods. (COUNCIL DISTRICTS 3,S,8 and 9)
CDBG Contract Terms:
1. One year contract term beginning on the date of execution;and
2. Extend or renew the contract for up to one additional year If the agency requests an extension and
such extension is necessary for the completion of the project.
Boaz South Park Improvements:Parts and facility improvements including covered playground
ccessible to children,guard rail to protect the park,adult work-out area,senior and handicap-friendly
alking and cycling trails,covered pavilion with benches,lighting and beautification with
andscaping. (COUNCIL DISTRICT 3)
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TABLE 2
HOME Project: Amount
lstletoe Station,LLC: Construction of the Mistletoe Station Apartments,a new 110-unit mixed $1,056,000.00
ncome multifamily rental housing development,including eight Permanent Supportive Housing units,
ocated at 1916 Mistletoe Boulevard, Fort Worth,TX 76104. Financing will be provided by award of
017 9%tax credits,first lien construction/permanent loans,a loan from the Fort Worth Housing
finance Corporation(FW`HFC),and the City's HOME loan. The Southside/Medical District TIF will
provide$2.6M for infrastructure improvements to benefit both the project and the surrounding
neighborhoods and commercial properties. The City has also provided certain development fee
givers. (COUNCIL DISTRICT 9)
HOME Contragi lind Loan Terms:
1.Designate HOME-assisted units according to HOME regulations with a 20 Year Affordability Period;
Secure payment of the HOME funds and performance of the HOME requirements by a Deed Trust;
Contract and loan term to commence on execution and run concurrently with the Affordability
edod;
HOME loan subordinate only to first lien construction/permanent financing and FWHFC loan;
Interest rate of one percent or the Applicable Federal Rate,whichever Is less;
Payments of principal and interest out of net cash flow to begin no later than 12 months after
conversion;
7.Construction completed within 3 years; and
8. Payment and performance bonds in full construction amount or acceptable payment and completion
guarantee.
e expenditure of HOMEn is conditigned upon the lowing:
Logname: 19ADOPT 2018NOFA RECOMMENDATIONS Page 2 of 3
1. Equity,construction and permanent financing acceptable to City;
.Satisfactory completion of 24 CFR Part 58 environmental review;
3. Receipt of authorization to use grant funds from HUD;and
4.Closing on equity and all other financing for the development.
Staff recommends that contracts be executed with the parties for the for the projects in the amounts and
on the terms listed in Tables 1 and 2. HUD regulations for the use of CDBG funds require that
interdepartmental Letters of Agreement be executed for the use of these federal grant funds by City
departments:
Staff recommends the change in use and expenditure of$1,000,000.00 in prior years CDBG funds and
$1,056,000.00 in prior and current years HOME funds for the listed projects which will benefit moderate,
low and very low income City Citizens, All expenditures of CDBG and HOME funds are subject to
satisfactory completion of an Environmental Record Review per 24 CFR Part 58 and receipt of
authorization to use grant funds from HUD. Action Plan funding years selected may vary and be
substituted in order to expend the oldest grant funds first. A public comment period on the change in use
of these prior and current years CDBG and HOME funds was held from May 25, 2018.to June 25, 2018.
Any comments are maintained by the Neighborhood Services Department in accordance with federal j
regulations.
FISCAL INFORMATION I CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations, funds will be available
in the current operating;budget, as appropriated, of the Grants Operating Federal Fund. The
Neighborhood Services Department is responsible verifying sufficiency of funding before disbursement.
This is a reimbursement grant.
i
FUND IDENTIFIERS (FIDs): j
TO
Fun Department ccoun Project Program ctivity Budget Reference# mOUn
ID ID Year Charlfield 2
FROM
Fund Department ccoun Project Program ctivity Budget Reference # moun
ID ID Year Chartfleld 2
CERTIFICATIONS:
Submitted for City Manager's Office by:- Fernando Costa (6122)
Orininatina Department Head Aubrey Thagard (8187)
Additional Information Contact: Chad LaRoque (2661)
ATTACHMENTS
1. Habitat 1295.pdf (Public)
2, mistletoe station mag-Corrected.pdf (Public)
3. MS 1295.pdf (Public)
4. NOFA M&C FID.xlsx (CFW lntemal)
5. ,ZboazPar South.pdf (Public)
Logiame, 19ADOPT 2018NOFAFRECONIlvIENDATIONS Page 3 of 3