HomeMy WebLinkAboutContract 56670CDBG 100% PSA CONTRACT 2021- 22 Page 1
Rehabilitation, Education and Advocacy for Citizens with Handicaps, dba REACH,
Inc. Rev. 08/18/20
STATE OF TEXAS § §
COUNTY OF TARRANT §
This contract (“Contract”) is made and entered into by and between the City of Fort
Worth (hereafter “City”) and Rehabilitation, Education and Advocacy for Citizens with
Handicaps, dba REACH, Inc. (hereafter “Agency”), a Texas non-profit corporation. City
and Agency may be referred to individually as a “Party” and jointly as “the Parties”.
The Parties state as follows:
WHEREAS, City receives grant monies from the United States Department of
Housing and Urban Development through the Community Development Block Grant
(“CDBG”) Program, Program No. B-20-MC-48-0010, Catalog of Federal Domestic
Assistance No. 14.218;
WHEREAS, a national objective of the CDBG program is to benefit low and
moderate income citizens in accordance with 24 CFR Part 570, as amended from time to
time;
WHEREAS, Agency submitted a proposal to use CDBG funds for a program to
serve individuals and families, 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 2020 income
limits are attached hereto as EXHIBIT “A-1” – 2020 HUD Income Limits.
Business Equity Ordinance or BDE means the City’s Business Diversity Ordinance,
Ordinance No. 25165-10-2021, as may be amended from time to time.
CDBG means Community Development Block Grant.
Complete Documentation means the following documentation as applicable:
•Attachments I, II, and III, with supporting documentation including:
CSC No. 56670
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o Proof of expense: copies of timesheets, invoices, leases, servicecontracts or other documentation showing that payment is due by
Agency.
o Proof of payment: cancelled checks, bank statements, or wire
transfers necessary to demonstrate that amounts due by Agency were
actually paid by Agency.
o Proof of client eligibility: either (i) verifiable self-certification of
income such as the City’s Certification Income Statement attached as
EXHIBIT “E” – Form of Income Self-Certification or a similar
form approved by City, or (ii) Source Documentation.
•Complete Documentation shall meet the standards described in the
attached EXHIBIT “F” - Standards for Complete Documentation.
•Any other document or record reasonably necessary to verify costs spent
and client eligibility for the Program.
CDBG Funds means the CDBG grant funds supplied by City to Agency under the terms
of this Contract.
CDBG Regulations means regulations found at 24 CFR Part 570 et seq.
Countywide Agencies means agencies with 10% or more of clients that reside outside of
the boundaries of the City. All other agencies are considered Fort Worth agencies.
DBE means disadvantaged business enterprise in accordance with 49 CFR Part 26.
Director means the Director of the Neighborhood Services Department.
Effective Date means October 1, 2021.
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.
Neighborly Software – Online database for Agency to submit monthly reimbursement
requests.
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OMB means the Office of Management and Budget.
Program means the services described in EXHIBIT “A” – Program Summary.
Reimbursement Request means all reports and other documentation described in
Section 9.
Source Documentation means documentation of full household income of any type
described under the definition of annual income in 24 CFR Part 5.609, including but not
limited to copies of paychecks, Social Security and disability verification letters, interest
or rental income statements, retirement income statements, child support and alimony
verification, unemployment benefit letters, and the like.
Unduplicated Clients means a count of all clients served by the Program at least once in
the Contract Term. Clients served by the Program more than once in the Contract Term
will only be counted the first time they are served when determining the total count of
Unduplicated Clients.
3.TERM.
The term of this Contract begins on the Effective Date and terminates on September
30, 2022 unless earlier terminated as provided in this Contract. This Contract may be
extended by mutual agreement of the Parties in writing if such extension is necessary for
completion of the program, or to amend the contracts if necessary to achieve program goals
provided any amendment is within the scope of the program and in compliance with City
policies and all applicable laws and regulations governing the use of federal grant funds.
The Contract term shall include any extension, if exercised, as provided herein.
4.DUTIES AND RESPONSIBILITIES OF CITY.
4.1 Provide CDBG Funds.
City shall provide up to $115,000.00 of CDBG Funds under the terms and
conditions of this Contract.
4.2 Monitor.
City will monitor the activities and performance of Agency and any of its
contractors, subcontractors or vendors as necessary, but no less than annually. Monitoring
by City will include determining whether Agency is meeting the National Objective during
the term of this Contract.
5.DUTIES AND RESPONSIBILITIES OF AGENCY.
5.1 Required Services.
Agency shall perform the services described in EXHIBIT “A” – Program
Summary in accordance with the terms and conditions of this Contract.
5.2 Use of CDBG Funds.
5.2.1. Compliance with CDBG Regulations and Contract.
Agency shall be reimbursed for eligible Program costs with CDBG Funds only if
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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 Budget.
5.2.2.1 The CDBG Funds will be paid on a reimbursement basis in
accordance with EXHIBIT “B” - Budget.
5.2.2.2 During the term of this Contract, Agency may submit written
requests to increase or decrease line-item amounts in the
Budget, including an explanation of why such increases or
decreases are necessary. All requests shall be approved by
Director or Director’s designee in writing, with such approval
being in the City’s sole discretion. If the Agency’s proposed
Budget amendment is approved (as approved, the “Amended
Budget”), then the Amended Budget shall be memorialized in
a written amendment to this Contract. The Amended Budget will
take effect on the first day of the month following the month in
which the Contract amendment is executed, unless otherwise
specified in the amendment. All requests for Budget
amendments must be submitted by June 1, 2022.
5.2.3 Change in Program Budget.
5.2.3.1 Agency will notify City promptly of any additional funds it
receives for operation of the Program, and City reserves the right
to amend this Contract in such instances to ensure compliance
with HUD regulations governing cost allocation.
5.2.3.2 Agency agrees to utilize the CDBG Funds to supplement rather
than supplant funds otherwise available for the Program.
5.2.4 Payment of CDBG Funds to Agency.
CDBG Funds will be disbursed to Agency upon City’s approval of Reimbursement
Requests including submission of Complete Documentation to City in compliance with
Section 9. If Agency expends all funds budgeted for the Program prior to September 30,
2022, City may hold back a small amount of the CDBG Funds until the end of the term.
During this interim period, Agency must continue to submit Attachment III – Client Data
Report in EXHIBIT “D” – Reimbursement Forms monthly. It is expressly agreed by
the Parties that any CDBG Funds not spent or approved for reimbursement to Agency shall
remain with City.
5.3 Program Performance Milestones.
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5.3.1 Agency represents that the Program will achieve the following milestones in accordance with EXHIBIT “A” – Program Summary and the table below:
Month Expenditures
Unduplicated Clients as
specified in EXHIBIT
“A” – Program
Summary
3 25% 25%
6 50% 50%
9 75% 75%
12 100% 100%
5.3.2 Failure of Agency to meet these milestones or a material deviation from
them as outlined in this Section 5.3 is a breach of this Contract. For the purpose of this
Section, “material deviation” shall mean more than 10% lower than the specified goal.
In the event of such breach, City reserves the right in its sole option to (i) delay or withhold
payment of Reimbursement Requests, (ii) lower Agency’s allocation of CDBG Funds, or
(iii) terminate this Contract.
5.3.3 Failure to meet at least 80% of its performance milestones or serve 52
Unduplicated Clients under this Contract may, in City’s sole discretion, disqualify Agency
for consideration under the City’s Request for Proposals for the 2022-2023
Program Year for federal grant funds.
5.3.4 Amendments to performance milestones regarding CDBG Funds must be
approved by the Director in writing, with such approval being in the Director’s sole
discretion. If Director approves the Agency’s proposed amended performance milestones
(as approved, the “Amended Performance Milestones”), then the Amended
Performance Milestones shall be memorialized in a written amendment to this Contract.
The Amended Performance Milestones will take effect on the first day of the month
following the month in which the Contract Amendment is executed unless otherwise
specified in the amendment. All requests for amendments to performance milestones must
be submitted by June 1, 2022. Notwithstanding the above, any amendments to this
Contract shall not reduce the number of Unduplicated Clients stated in Section 5.3.3 and
in EXHIBIT “A” - Program Summary.
5.4 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.
CLIENT ELIGIBILITY VERIFICATION.
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6.1 Client Eligibility. Agency will document client eligibility as follows:
6.1.1 Agency Clients.
Agency must verify all new clients’ income with either a verifiable self-certification
of income such as the City’s Certification of Income Statement attached as EXHIBIT “E”
–Form of Income Self-Certification or a similar form approved by City, or Source
Documentation. Agency must use the annual income definition in 24 CFR Part 5.609 to
establish client income and must use the most current HUD Income Guidelines. The
income of all Program clients must be documented and 100% of them must be Income
Eligible Clients.
6.1.1.1 If Agency serves both Fort Worth and non-Fort Worth clients,
the proportion of Program costs allocated to the CDBG-funded
portion of the Program Budget must be consistent with the
proportion of Fort Worth clients to all clients.
6.1.1.2 All Program clients must be reported on EXHIBIT “D” –
Reimbursement Forms, Attachment III. All Program clients
whose income has not been verified will be deemed to not be
Income Eligible Clients and shall not be included in the 51%.
6.1.2 Verification of Program Eligibility.
6.1.2.1 At the end of each quarter during the Contract term, Agency
shall verify CDBG Program Eligibility by confirming that at
least 51% of clients served by the Program to date are Income
Eligible Clients as reported on Attachment III.
6.1.2.2 If Agency fails to verify Program eligibility on a quarterly basis
in compliance with this Section, Agency will have 30 calendar
days or until the next monthly invoice to cure.
6.1.2.3 City will notify Agency by e-mail within 14 calendar days if the
Program performance milestones were not met within the
requirements outlined in this Section 6.1.2.2. Agency will have
an additional 7 calendar days from the date of the e-mail notice
to meet these requirements.
6.1.2.4 In the event the Agency fails to meet the Program performance
milestones, City reserves the right in its sole option to delay or
withhold payment of Reimbursement Requests, to lower
Agency’s allocation of CDBG Funds, or to terminate this
Contract.
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.
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6.3 Maintain Documentation. Agency must maintain copies of all documentation required by this Section 6 for 5
years following the expiration of the Contract term. This Section shall survive the earlier
termination or expiration of this Contract.
7.ADDITIONAL CDBG REQUIREMENTS.
Agency agrees to comply with all requirements of the CDBG Program as stated in
the CDBG Regulations, including but not limited to the following:
7.1 Environmental Review.
CDBG Funds will not be paid, and costs cannot be incurred until City has conducted
an environmental review and completed an Environmental Review Record as required by
24 CFR Part 58. The environmental review may result in a decision to proceed with,
modify, or cancel the funding for the Program. Further, Agency will not undertake or
commit any funds to physical or choice limiting actions as described in any applicable
federal regulations. Any violation of this provision will (i) cause this Contract to terminate
immediately, and (ii) require Agency to repay City the CDBG Funds it has already received
and forfeit any future payments of CDBG Funds.
7.2 Contract Not Constituting Commitment of Funds.
Notwithstanding any provision of this Contract, the Parties agree and acknowledge
that this Contract does not constitute a commitment of funds, and that such commitment of
funds or approval may occur only upon (i) satisfactory completion of an environmental
review and receipt by City of an authorization to use grant funds from HUD under 24 CFR
Part 58, (ii) approval of City’s 2021-2022 Action Plan, and (iii) receipt by City of a grant
agreement from HUD.
7.3 Monitoring.
7.3.1 Agency understands and agrees that it will be subject to monitoring by
City for compliance with terms and provisions of this Contract and the CDBG
Regulations for the term of this Contract. Agency is subject to such monitoring during
the term of this Contract and for 5 years after the Contract term ends. Agency will
provide reports and access to Program files as requested by City during this 5 year period.
For purposes of this Contract, unless this contract is earlier terminated, this 5 year period
for monitoring is deemed to begin on October 1, 2022, or October 1, 2023 if the Contract
is extended, and shall end no later than September 30, 2028.
7.3.2 Representatives of City, HUD, HUD Office of Inspector General, and the
United States Comptroller General shall have access during regular business hours, upon
48 hours prior notice, to Agency’s offices and records pertaining to the use of the CDBG
Funds, and to Agency’s officers, directors, agents, employees, contractors, subcontractors
and vendors for the purpose of such monitoring.
7.3.3 In addition to other provisions of this Contract regarding frequency of
monitoring, City reserves the right to perform desk reviews or on-site monitoring of
Agency’s compliance with the terms and conditions of this Contract. City shall provide
Agency with a written report of the monitor’s findings after each monitoring visit. If the
monitoring report notes deficiencies in Agency’s performance, the report shall include
requirements for the timely correction of said deficiencies by Agency. Failure by Agency
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to take the action specified in the monitoring report may be cause for suspension or termination of this Contract as provided herein.
7.3.4 Subsections 7.3.1 through 7.3.3 shall be applicable for the Contract Term
and for 5 years thereafter and shall survive the earlier termination or expiration of this
Contract.
7.3.5 Agency shall provide City annually the results of any state or federal
monitoring. Such results shall be submitted within 60 days of receipt of such state or
federal monitoring report, or with the January Reimbursement Request, whichever is
earlier.
7.4 Agency Procurement Standards.
Agency shall comply with all applicable federal, state and local laws, regulations,
and ordinances for making procurements under this Contract. In addition to the conflict of
interest provisions in Section 14.13.3, Agency shall establish written procurement
procedures to ensure that materials and services are obtained in a cost effective manner and
that provides for full and open competition. When procuring materials and services for
this Contract, Agency shall comply at a minimum with the procurement standards in 2 CFR
Part 200.317 through Part 200.326.
7.4.1 Contracts in excess of $10,000.00 made by Agency using CDBG Funds
must address termination for cause and convenience including the manner by which such
termination shall be effected and the basis for settlement of the terminated contract, if any,
as required by Appendix II (B), 2 CFR Part 200.
7.4.2 Agency shall not make any contract with parties listed on the government
wide System for Award Management, www.sam.gov (“SAM”). Agency must confirm
by search of SAM that all contractors paid with CDBG Funds are not listed by SAM as
being debarred, both prior to hiring and prior to submitting a Reimbursement Request
which includes invoices from any such contractor. Failure to submit such proofs of
search shall be an event of default.
7.5 Cost Principles/Cost Reasonableness.
Agency shall administer its use of CDBG Funds in compliance with 2 CFR Part
200, as applicable. The eligibility of costs incurred for performance rendered shall be
determined in accordance with 2 CFR Part 200.400 through 2 CFR Part 200.475.
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.
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Agency understands and agrees that all terms of this Contract, whether regulatory or otherwise, shall apply to any and all contractors, subcontractors and vendors of Agency
which are in any way paid with CDBG Funds or who perform any work in connection with
the Program. Agency shall cause all applicable provisions of this Contract to be included
in and made a part of any contract or subcontract executed in the performance of its
obligations hereunder including its obligations regarding the CDBG Regulations. Agency
shall monitor the services and work performed by its contractors, subcontractors and
vendors on a regular basis for compliance with the CDBG Regulations and Contract
provisions. Agency must cure all violations of the CDBG Regulations committed by its
contractors, subcontractors or vendors. City maintains the right to insist on Agency’s full
compliance with the terms of this Contract and the CDBG Regulations and Agency is
responsible for such compliance regardless of whether actions taken to fulfill the
requirements of this Contract are taken by Agency or by Agency’s contractors,
subcontractors or vendors. Agency acknowledges that the provisions of this Section shall
survive the earlier termination or expiration of this Contract and shall be applicable for 5
years after the Contract term ends.
7.9 Copyright and Patent Rights.
No reports, maps, or other documents produced in whole or in part under this
Contract shall be the subject of an application for copyright by or on behalf of Agency.
HUD and City shall possess all rights to invention or discovery, as well as rights in data,
which may arise as a result of Agency’s performance under this Contract.
7.10 Conflict of Interest Disclosure.
In accordance with the requirements of Section 14.14.2.1 and 14.14.4, Agency shall
establish conflict of interest policies for federal awards. Agency shall disclose to City in
writing any potential conflict of interest.
7.11 Compliance with FFATA and Whistleblower Protections.
Agency shall comply with the requirements of 2 CFR 300(b), including provisions
of the Federal Funding Accountability and Transparency Act (“FFATA”) governing
requirements on executive compensation and provisions governing whistleblower
protections contained in 10 U.S.C. 2409, 41 U.S.C. 4712, 10 U.S.C. 2324, 41 U.S.C. 4304
and 41 U.S.C. 4310.
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;
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7.12.3 Evaluate and monitor Agency’s compliance with statutes, regulations and the terms and conditions of this Contract;
7.12.4 Take prompt action when instances of noncompliance are identified
including noncompliance identified in audit findings; and
7.12.5 Take reasonable measures to safeguard protected personally identifiable
information and other information that HUD or City designates as sensitive or Agency
considers sensitive consistent with applicable federal, state, local and tribal laws regarding
privacy and obligations of confidentiality.
8.RECORD KEEPING; REPORTING AND DOCUMENTATION
REQUIREMENTS; AUDIT.
8.1 Record Keeping.
Agency shall maintain a record-keeping system as part of its performance of this
Contract and shall promptly provide City with copies of any document City deems
necessary for the effective fulfillment of City’s monitoring and evaluation responsibilities.
Specifically, Agency will keep or cause to be kept an accurate record of all actions taken
and all funds spent, with supporting and back-up documentation. Agency will maintain all
records and documentation related to this Contract for 5 years after the Contract term ends.
If any claim, litigation, or audit is initiated before the expiration of the 5 year period, the
relevant records and documentation must be retained until all such claims, litigation or
audits have been resolved. For purposes of this Contract, unless this contract is earlier
terminated, this 5 year period for record retention is deemed to begin on October 1, 2022,
or October 1, 2023 if the Contract is extended, and shall end no later than September 30,
2028.
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, unless this contract is
earlier terminated this 5 year period for access to records is deemed to begin on October 1,
2022, or October 1, 2023 if the Contract is extended, and shall end no later than September
30, 2028 .
8.3 Reports.
Agency will submit to City all reports and documentation described in this Contract
in such form as City may prescribe. Agency may also be required to submit a final
performance and/or final financial report if required by City at the termination of this
Contract in such form and within such times as City may prescribe. Failure to submit to
City any report or documentation described in this Contract shall be an event of default of
this Contract and City may exercise all of its remedies for default under this Contract.
8.3.1 Additional Information.
Agency shall provide City with additional information as may be required by state
or federal agencies to substantiate Program activities and/or expenditure eligibility.
8.4 Change in Reporting Requirements and Forms.
City retains the right to change reporting requirements and forms at its discretion.
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City will notify Agency in writing at least 15 days prior to the effective date of such change, and the Parties shall execute an amendment to the Contract reflecting such change if
necessary.
8.5 Audit.
8.5.1 Entities that Expend $750,000 or more in Federal Funds Per Year.
All non-federal entities that expend $750,000 or more in federal funds within 1 year,
regardless of the source of the federal award, must submit to City an annual audit prepared
in accordance with specific reference to 2 CFR Part 200.501 through Part 200.521. The
audit shall cover the Agency’s fiscal years during which this Contract is in force. The audit
must be prepared by an independent certified public accountant, be completed within 6
months following the end of the period being audited and be submitted to City within 30
days of its completion. Agency’s audit certification is attached hereto as EXHIBIT “C”
–“Audit Certification Form” and “Audit Requirements”. The Audit Certification
Form must be submitted to City prior to or with the first Reimbursement Request. Entities
that expend less than $750,000 a year in federal funds are exempt from federal audit
requirements for that year, but records must be available for review or audit by appropriate
officials of the federal agency, City, and General Accounting Office.
8.5.2 City Reserves the Right to Audit.
City reserves the right to perform an audit of Agency’s Program operations and
finances at any time during the term of this Contract and for 5 years after the Contract term
ends if City determines that such audit is necessary for City’s compliance with the CDBG
Regulations or other City policies. Agency agrees to allow access to all pertinent materials
as described herein for such audit. For purposes of this Contract, unless this contract is
earlier terminated, this 5 year period for City audit is deemed to begin on October 1, 2022,
or October 1, 2023 if the Contract is extended, and shall end no later than September 30,
2028 . 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 15th day of the month following the month
expenses were paid by Agency. For example, the Reimbursement Request for June
expenses must be received by July 15. In the event the 15th falls on a weekend or City
holiday, Reimbursement Requests shall be due the next day that the City is open for
business. Failure to submit a Reimbursement Request in a timely fashion will result in
City taking the actions outlined in Section 10.1. NOTWITHSTANDING ANYTHING
ABOVE, THE REIMBURSEMENT REQUEST FOR EXPENSES INCURRED FOR
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SEPTEMBER MUST BE RECEIVED BY OCTOBER 1 OF THAT SAME YEAR. COMPLETE DOCUMENTATION FOR ALL SEPTEMBER EXPENSES MUST BE
SUBMITTED BY OCTOBER 15TH OF THAT SAME YEAR. FAILURE TO
SUBMIT A FINAL REIMBURSEMENT REQUEST WITH COMPLETE
DOCUMENTATION BY OCTOBER 15TH OF THAT SAME YEAR WILL RESULT
IN FORFEITURE OF PAYMENT OF THE SEPTEMBER REIMBURSEMENT
REQUEST.
9.1.2 City will notify Agency by e-mail within 14 calendar days if a
Reimbursement Request is lacking Complete Documentation or corrections are needed.
Agency will have 7 calendar days from the date of the e-mail notice to submit any requested
information or missing documentation. Agency may be penalized, at City’s sole discretion,
in the Request for Proposal for the 2022-2023 Program Year for any notifications received
under this Section. If Agency fails to submit all the required information or missing
documentation within 7 calendar days from the first e-mail, Agency shall forfeit any
payments otherwise due that month and failure to submit any requested information will
be considered an event of default as outlined in Section 10.1.2.
9.2 Submission of Reimbursement Requests.
Agency shall provide City with Complete Documentation and the following
reports as shown in EXHIBIT “D” –Reimbursement Forms with each Reimbursement
Request:
9.2.1 Attachment I – Invoice.
This report shall contain the amount requested for reimbursement each month, the
cumulative reimbursement requested to date (inclusive of that month’s request).
9.2.2 Attachment II – Expenditure Worksheet.
This report shall itemize each expense requested for reimbursement by Agency and
shall include the Account corresponding the expense to a Budget line item. In order for
this report to be complete the following must be submitted:
9.2.2.1 For payroll expenses, timesheets signed by employees and
approved by supervisor for all payroll expenses listed.
Timesheets must distinguish between CDBG-funded time and
non-CDBG funded time and reflect actual time spent on CDBG-
funded activities. Agency may not submit payroll expenses
dated 60 calendar days prior to the date of the Reimbursement
Request.
9.2.2.2 For non-payroll expenses, invoices for each expense listed with
an explanation as to how the invoiced expense pertains to the
Program. Agency may not submit invoices dated 60 calendar
days prior to the date of the Reimbursement Request.
9.2.2.3 Proof that each expense was paid by Agency, which proof can
be satisfied by cancelled checks, wire transfer documentation,
paid receipts or other appropriate banking documentation.
9.2.3 Attachment III – Client Data Report.
This report shall list each Unduplicated Client served during the month along with
his or her demographic information. The Client Data Report must maintain a list of all
clients served during the Contract term. In order for this report to be complete, the
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following must be submitted:
9.2.3.1 Documentation of income verification for each Unduplicated Client
the first time the client is served by the Program, which will either be the
completed form of EXHIBIT “E” - Form of Income Self Certification or
similar form approved by City, or Source Documentation.
9.2.4 Delivery of Reimbursement Request.
Reimbursement Requests must be submitted through Neighborly Software or
other reporting software as approved by the City by the deadline in Section 9.1.1.
9.2.5 Countywide Agencies.
Countywide Agencies shall submit EXHIBIT “A-2” – Reporting Requirements
for Countywide Agencies quarterly with the December, March, June and September
Reimbursement Requests. Reports due under this section have the same due date as the
Reimbursement Request. .
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 accurate and complete 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 5 calendar days from the date of the written notice
to submit such Reimbursement Request to cure the default. If Agency fails to cure the
default within such time, Agency shall forfeit any payments otherwise due that month.
10.1.2 If Agency fails to submit requested information or missing
documentation as set forth in Section 9.1.2, then Agency shall forfeit payment due that
month and the failure to submit shall be considered an event of default that shall not be
cured.
10.1.3 NOTWITHSTANDING THE PROVISIONS OF SECTION 10.1.1
OR 10.1.2, IF AGENCY FAILS TO SUBMIT THE REIMBURSEMENT REQUEST
DUE OCTOBER 1, 2022 OR IF THE SUBMITTED REIMBURSEMENT REQUEST
DUE OCTOBER 1, 2022 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.
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10.1.5 Notwithstanding anything to the contrary herein, City will not be required to pay any CDBG Funds to Agency during the period that any Reimbursement
Request, report or documentation is past due or is not in compliance with this Contract or
the CDBG Regulations, or during any period during which Agency is in default of this
Contract.
10.1.6 In the event of termination under this Section 10.1, all CDBG Funds
awarded but unpaid to Agency pursuant to this Contract shall be immediately forfeited and
Agency shall have no further right to such funds.
10.2 Failure to Maintain Records or Submit Reports and
Documentation.
If Agency fails to maintain all records and documentation as required in Section 8,
or if the maintained or submitted report or documentation is not in compliance with this
Contract or the CDBG Regulations as determined by City in its sole discretion, City will
notify Agency in writing and Agency will have 30 calendar days from the date of the
written request to obtain or recreate the missing records and documentation or submit or
resubmit any such report or documentation to City. If Agency fails to maintain the required
reports or documentation, or fails to submit or resubmit any such report or documentation
within such time, City shall have the right to terminate this Contract effective immediately
upon written notice of such intent with no penalty or liability to City.
10.2.1 In the event of termination under this Section 10.2, all CDBG Funds
awarded but unpaid to Agency pursuant to this Contract shall be immediately forfeited and
Agency shall have no further right to such funds, and any CDBG Funds paid to Agency
must be repaid to City within 30 days of termination. If such CDBG Funds are not repaid
to City within the 30 day period, City shall exercise all legal remedies available under this
Contract.
10.3 In General.
10.3.1 Subject to Section 10.2, and unless specifically provided otherwise in
this Contract, Agency shall be in default under this Contract if Agency breaches any term
or condition of this Contract. In the event that such a breach remains uncured after 30
calendar days following written notice by City (or such other notice period as may be
specified herein) or, if Agency has diligently and continuously attempted to cure following
receipt of such written notice but reasonably requires more than 30 calendar days to cure,
as determined by both Parties mutually and in good faith, City shall have the right to elect
in City’s sole discretion to (i) extend Agency’s time to cure, (ii) terminate this Contract
effective immediately upon written notice of such intent to Agency, or (iii) pursue any
other legal remedies available to City under this Contract.
10.3.2 City’s remedies may include:
10.3.2.1 Direct Agency to prepare and follow a schedule of actions
for carrying out the affected activities, consisting of
schedules, timetables and milestones necessary to
implement the affected activities.
10.3.2.2 Direct Agency to establish and follow a management plan
that assigns responsibilities for carrying out the remedial
activities.
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10.3.2.3 Reprogram CDBG Funds that have not yet been expended
from affected activities to other eligible activities or
withhold CDBG Funds.
10.3.2.4 Any other appropriate action including but not limited to any
remedial action legally available such as declaratory
judgment, specific performance, damages, temporary or
permanent injunctions, termination of this Contract or any
other contracts with Agency, and any other available
remedies.
10.3.3 In the event of termination under this Section 10.3, all CDBG Funds
awarded but unpaid to Agency pursuant to this Contract shall be immediately forfeited and
Agency shall have no further right to such funds, and any CDBG Funds already paid to
Agency must be repaid to City within 30 days of the termination. Failure to repay such
CDBG Funds within the 30 day period will result in City exercising all legal remedies
available under this Contract.
10.4 No Funds Disbursed while in Breach.
Agency understands and agrees that no CDBG Funds will be paid to Agency until
all defaults are cured to City’s satisfaction.
10.5 No Compensation After Date of Termination.
Agency shall not receive any compensation for work undertaken after the date of
the termination.
10.6 Rights of City Not Affected.
Termination shall not affect or terminate any of the existing rights of City against
Agency, or which may thereafter accrue because of Agency’s default and this provision
shall be in addition to any and all other rights and remedies available to City under the law.
Such termination does not terminate any provisions of this Contract that have been
expressly noted as surviving the term or termination of the Contract. No delay or omission
by City in exercising any right or remedy available to it under this Contract shall impair
any such right or remedy or constitute a waiver or acquiescence in any Agency default.
10.7 Waiver of Breach Not Waiver of Subsequent Breach.
The waiver of a default or breach of any term, covenant, or condition of this
Contract shall not operate as a waiver of any subsequent default or breach of the same or
any other term, covenant or condition hereof.
10.8 Civil, Criminal and Administrative Penalties.
Failure to perform all the Contract terms may result in civil, criminal or
administrative penalties, including, but not limited to those set out in this Contract.
10.9 Termination for Cause.
10.9.1 City may terminate this Contract in the event of Agency’s default,
inability, or failure to perform subject to notice, grace and cure periods. In the event City
terminates this Contract for cause, all CDBG Funds awarded but unpaid to Agency
pursuant to this Contract shall be immediately rescinded and Agency shall have no further
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right to such funds and any CDBG Funds already paid to Agency must be repaid to City within 30 days of termination. Failure to repay such CDBG Funds within 30 days will
result in City exercising all legal remedies available to City under this Contract. AGENCY
ACKNOWLEDGES AND AGREES THAT IF CITY TERMINATES THIS
CONTRACT FOR CAUSE, AGENCY OR ANY AFFILIATES OF AGENCY
SHALL NOT BE CONSIDERED FOR ANY OTHER CITY CONTRACT FOR
CDBG FUNDS FOR A MINIMUM OF 5 YEARS FROM THE DATE OF
TERMINATION.
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 Non-appropriation of Funds.
In the event no funds or insufficient funds are appropriated by City in any fiscal
period for any payments due hereunder, City will notify Agency of such occurrence and
this Agreement shall terminate on the last day of the fiscal period for which appropriations
were received without penalty or expense to City of any kind whatsoever, except as to the
portions of the payments herein agreed upon for which funds have been appropriated.
10.13 Reversion of Assets.
In the event this Contract is terminated with or without cause, all assets acquired
by Agency with the CDBG Funds including cash, interest payments from loans or
otherwise, all outstanding notes, mortgages or other security instruments, any accounts
receivable attributable to the use of the CDBG Funds, and any real or personal property
owned by Agency that was improved with the CDBG Funds shall automatically transfer to
City or to such assignee as City may designate.
11.REPAYMENT OF CDBG FUNDS.
All CDBG Funds are subject to repayment in the event the Program does not meet
the requirements of this Contract or in the CDBG Regulations. If Agency takes any action
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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 within thirty days of notice from the
City for such repayment. Additionally, if Agency takes any action that results in City
receiving a finding from HUD about the Program, whether or not repayment of all or
any portion of the CDBG Funds is required of City, Agency agrees City may require
that 10% of the CDBG Funds be repaid to City as liquidated damages. The Parties
agree that City’s damages in the event of either repayment to HUD being required or
receiving a finding from HUD are uncertain and would be difficult to ascertain and may
include an impact on City’s CDBG grant or other federal grant funds, in addition to the
finding by HUD or a required repayment of funds to HUD by City. Therefore, the Parties
agree that payment under this Section of 10% of the CDBG Funds by Agency to City is
liquidated damages and not a penalty.
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, indemnity
obligations, 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, unless this contract is earlier terminated , this 5 year period for survival of certain
Contract provisions is deemed to begin on October 1, 2022, or October 1, 2023, if this
Contract is extended and end no later than September 30, 2028.
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,
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employees, contractors, subcontractors, vendors, clients, licensees or invitees.
14.3 Agency Property.
City shall under no circumstances be responsible for any property belonging to
Agency, or its officers, members, agents, employees, contractors, subcontractors, vendors,
clients, licensees or invitees that may be lost, stolen or destroyed or in any way damaged
and AGENCY HEREBY INDEMNIFIES AND HOLDS HARMLESS CITY AND
ITS OFFICERS, AGENTS, AND EMPLOYEES FROM ANY AND ALL CLAIMS
OR SUITS PERTAINING TO OR CONNECTED WITH SUCH PROPERTY.
14.5 Religious Organization.
Agency shall comply with all applicable requirements as more particularly
described in 24 CFR Part 5.109. No portion of the CDBG Funds shall be used in support
of any sectarian or religious activity. In addition, there must be no religious or membership
criteria for clients of a CDBG-funded service.
14.5.1. Separation of Explicitly Religious Activities.
Agency retains its independence and may continue to carry out its mission,
including the definition, development practice, and expression of its religious beliefs,
provided that it does not use CDBG Funds to support or engage in any explicitly religious
activities (including activities that involve overt religious content such as worship,
religious instruction, or proselytization), or in any other manner prohibited by law.
14.5.2 Explicitly Religious Activities.
If Agency engages in explicitly religious activities (including activities that involve
overt religious content such as worship, religious instruction, or proselytization), the
explicitly religious activities must be offered separately, in time or location, from the
programs or activities supported by CDBG Funds and participation must be voluntary for
clients of a CDBG-funded service.
14.5.3 Required Notices.
If Agency constitutes a Faith-based organization under 24 CFR Part 5.109, Agency
must provide all clients of a CDBG-funded service with the notice attached as EXHIBIT
“K”—Notice of Beneficiary Rights. Such notice shall be provided to the client prior to
enrollment in any CDBG-funded program or activity. In addition, if a client or prospective
client of a CDBG-funded service objects to the religious character of Agency, then Agency
must promptly undertake reasonable efforts to identify and refer the client or prospective
client to an alternate provider to which the client or prospective client has no such
objection, as more particularly described in 24 CFR Part 5.109.
14.6 Venue.
Venue shall lie in state courts in Tarrant County, Texas or the United States
District Court for the Northern District of Texas, Fort Worth Division 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
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laws of the State of Texas.
14.8 Severability.
The provisions of this Contract are severable, and if for any reason a clause,
sentence, paragraph or other part of this Contract shall be determined to be invalid by a
court or federal or state agency, board or commission having jurisdiction over the subject
matter thereof, such invalidity shall not affect other provisions which can be given effect
without the invalid provision.
14.9 Written Agreement Entire Contract.
This written instrument and the Exhibits, Attachments, and Addendums attached
hereto, which are incorporated by reference and made a part of this Contract for all
purposes, constitute the entire agreement by the Parties concerning the work and services
to be performed under this Contract. Any prior or contemporaneous oral or written
agreement which purports to vary the terms of this Contract shall be void. Any
amendments to the terms of this Contract must be in writing and executed by the Parties.
14.10 Paragraph Headings for Reference Only, No Legal Significance;
Number and Gender.
The paragraph headings contained herein are for convenience in reference to this
Contract and are not intended to define or to limit the scope of any provision of this
Contract. When context requires, singular nouns and pronouns include the plural and the
masculine gender shall be deemed to include the feminine or neuter and the neuter gender
to include the masculine and feminine. The words “include” and “including” whenever
used herein shall be deemed to be followed by the words “without limitation”.
14.11 Compliance With All Applicable Laws and Regulations.
Agency agrees to comply fully with all applicable laws and regulations that are
currently in effect or that are hereafter amended during the performance of this Contract.
Those laws include, but are not limited to:
CDBG Regulations found in 24 CFR Part 570
Title I of the Housing and Community Development Act of 1974, as amended,
(42 USC 5301)
Title VI of the Civil Rights Act of 1964 (42 U.S.C. Sections 2000d et seq.)
including provisions requiring recipients of federal assistance to ensure
meaningful access by persons of limited English proficiency
The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C.
Sections 3601 et seq.)
Executive Orders 11063, 11246 as amended by 11375 and 12086 and as
supplemented by Department of Labor regulations 41 CFR Part 60
The Age Discrimination in Employment Act of 1967
The Age Discrimination Act of 1975 (42 U.S.C. Sections 6101 et seq.)
The Uniform Relocation Assistance and Real Property Acquisition Policies Act
of 1970 (42 U.S.C. Sections 4601 et seq. and 49 CFR Part 24) (“URA”)
Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. Sections 794 et seq.)
and 24 CFR Part 8 where applicable
National Environmental Policy Act of 1969, as amended, 42 U.S.C. Sections
4321 et seq. (“NEPA”) and the related authorities listed in 24 CFR Part 58.
The Clean Air Act, as amended, (42 U.S.C. Sections 1251 et seq.) and the Clean
Water Act of 1977, as amended (33 U.S.C. Sections 1251 et seq.) and the related
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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, and in
excess of $2,500 for other contracts which involve the employment of
mechanics or laborers, Sections 103 and 107 of the Contract Work Hours and
Safety Standards Act (40 U.S.C. 327A 300) as supplemented by 29 CFR Part 5
Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et seq.), as
amended by the Residential Lead-Based Paint Hazard Reduction Act of 1992
(42 U.S.C. 4851 et seq.) and implementing regulations at 24 CFR Part 35,
subparts A, B, M, and R
Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards, 2 CFR Part 200 et seq.
Federal Funding Accountability and Transparency Act of 2006 (“FFATA”)
(Pub.L. 109-282, as amended by Section 6205(a) of Pub.L. 110-252 and Section
3 of Pub.L. 113-101)
Federal Whistleblower Regulations, as contained in 10 U.S.C. 2409, 41 U.S.C.
4712, 10 U.S.C. 2324, 41 U.S.C. 4304 and 41 U.S.C. 4310.
14.12 HUD-Assisted Projects and Employment and other Economic
Opportunities; Section 3 Requirements.
14.13 Prohibition Against Discrimination.
14.13.1 General Statement.
Agency shall comply in the execution, performance or attempted performance of
this Contract, with all non-discrimination requirements of 24 CFR Part 570.607 and
Chapter 17, Article III, Division 4 – Fair Housing of the City Code. Agency may not
discriminate against any person because of race, color, sex, gender, religion, national
origin, familial status, disability or perceived disability, sexual orientation, gender identity,
gender expression, or transgender, nor will Agency permit its officers, members, agents,
employees, or clients to engage in such discrimination.
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This Contract is made and entered into with reference specifically to Chapter 17, Article III, Division 3 - Employment Practices of the City Code, and Agency hereby
covenants and agrees that Agency, its officers, members, agents, employees and
contractors, have fully complied with all provisions of same and that no employee, or
applicant for employment has been discriminated against under the terms of such
ordinances by either or its officers, members, agents, employees or contractors.
14.13.2 No Discrimination in Employment during the Performance of This
Contract.
During the performance of this Contract Agency agrees to the following provision,
and will require that its contractors and subcontractors also comply with such provision by
including it in all contracts with its contractors:
[Contractor’s, Subcontractor’s or Vendor’s name] will not unlawfully discriminate
against any employee or applicants for employment because of race, color, sex, gender,
religion, national origin, familial status, disability or perceived disability, sexual
orientation, gender identity, gender expression or transgender. [Contractor’s,
Subcontractor’s or Vendor’s name] will take affirmative action to ensure that applicants
are hired without regard to race, color, sex, gender, religion, national origin, familial status,
disability or perceived disability, sexual orientation, gender identity, gender expression or
transgender and that employees are treated fairly during employment without regard to
their race, color, sex, gender, religion, national origin, familial status, disability or
perceived disability, sexual orientation, gender identity, gender expression or transgender.
Such action shall include, but not be limited to, the following: employment, upgrading,
demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of
pay or other forms of compensation, and selection for training, including apprenticeship.
[Contractor’s, Subcontractor’s or Vendor’s name] agrees to post in conspicuous places,
available to employees and applicants for employment, notices setting forth the provisions
of this nondiscrimination clause.
[Contractor’s, Subcontractor’s or Vendor’s name] will, in all solicitations or
advertisements for employees placed by or on behalf of [Contractor’s, Subcontractor’s or
Vendor’s name], state that all qualified applicants will receive consideration for
employment without regard to race, color, sex, gender, religion, national origin, familial
status, disability or perceived disability, sexual orientation, gender identity, gender
expression or transgender.
[Contractor’s, Subcontractor’s or Vendor’s name] covenants that neither it nor any
of its officers, members, agents, employees, or contractors, while engaged in performing
this Contract, shall, in connection with the employment, advancement or discharge of
employees or in connection with the terms, conditions or privileges of their employment,
discriminate against persons because of their age or because of any disability or perceived
disability, except on the basis of a bona fide occupational qualification, retirement plan or
statutory requirement.
[Contractor’s, Subcontractor’s or Vendor’s name] further covenants that neither it
nor its officers, members, agents, employees, contractors, or persons acting on their behalf,
shall specify, in solicitations or advertisements for employees to work on this Contract, a
maximum age limit for such employment unless the specified maximum age limit is based
upon a bona fide occupational qualification, retirement plan or statutory requirement.
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14.13.3 Agency’s Contractors and the ADA. In accordance with the provisions of the Americans With Disabilities Act of 1990
(“ADA”), Agency warrants that it and any of its contractors will not unlawfully
discriminate on the basis of disability in the provision of services to the general public, nor
in the availability, terms and/or conditions of employment for applicants for employment
with, or employees of, Agency or any of its contractors. AGENCY WARRANTS IT
WILL FULLY COMPLY WITH THE ADA’S PROVISIONS AND ANY OTHER
APPLICABLE FEDERAL, STATE AND LOCAL LAWS CONCERNING
DISABILITY AND WILL DEFEND, INDEMNIFY AND HOLD CITY HARMLESS
AGAINST ANY CLAIMS OR ALLEGATIONS ASSERTED BY THIRD PARTIES,
CONTRACTORS SUBCONTRACTORS, VENDORS OR AGENTS AGAINST
CITY ARISING OUT OF AGENCY’S AND/OR ITS CONTRACTORS’,
SUBCONTRACTORS’, VENDORS’ OR AGENTS’ OR THEIR RESPECTIVE
EMPLOYEES’ ALLEGED FAILURE TO COMPLY WITH THE ABOVE-
REFERENCED LAWS CONCERNING DISABILITY DISCRIMINATION IN THE
PERFORMANCE OF THIS CONTRACT.
14.14. Conflicts of Interest and Violations of Criminal Law.
14.14.1 Agency Safeguards.
Agency shall establish safeguards to prohibit its employees, board members,
advisors and agents from using positions for a purpose that is or gives the appearance of
being motivated by a desire for private gain for themselves or others, particularly those
with whom they have family, business or other ties. Agency shall disclose to City any such
conflict of interest or potential conflict of interest, immediately upon discovery of such.
14.14.2 General Prohibitions Against Conflicts of Interest.
No employees, agents, consultants, officers or elected officials or appointed
officials of City or of Agency who exercise or have exercised any functions or
responsibilities with respect to activities assisted with CDBG funds or who are in a position
to participate in a decision-making process or gain inside information with regard to these
activities may utilize CDBG services, may obtain a financial interest or benefit from a
CDBG-assisted activity, or have an interest in any contract, subcontract or agreement with
respect thereto, or the proceeds thereunder, either for themselves or those with whom they
have family or business ties, during their tenure or for 1 year thereafter.
14.14.2.1 Agency shall establish conflict of interest policies for federal
awards including the CDBG Funds and shall disclose in
writing potential conflicts of interest to City as authorized by
2 CFR Part 200.112.
14.14.3 Conflicts of Interest Involving Procurement.
The conflict of interest provisions of 2 CFR Part 200.318 shall apply in the
procurement of property and services by Agency. In all cases not governed by this Section,
the provisions of 24 CFR Part 570.611 of the CDBG Regulations shall apply.
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,
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officer, or agent may participate in the selection, award, or administration of a contract supported by a federal award if
he or she has a real or apparent conflict of interest. The
standards of conduct must provide for disciplinary actions to
be applied for violations of such standards by officers,
employees, or agents of Agency.
14.14.3.2 The officers, employees, and agents of Agency shall neither
solicit nor accept gratuities, favors, or anything of monetary
value from contractors or parties to subcontracts.
14.14.3.3 Notwithstanding the prohibition contained in Section
14.14.3.2, Agency may set standards of conduct for
situations in which the financial interest is not substantial or
the gift is an unsolicited item of nominal value. Such
standards of conduct must provide for disciplinary actions to
be applied for violations of such standards by Agency’s
officers, employees or agents.
14.14.3.4 Agency shall maintain written standards of conduct covering
organizational conflicts of interest. Organizational conflicts
of interest means that because of relationships with a parent
company, affiliate, or subsidiary organization, Agency is
unable or appears to be unable to be impartial in conducting
a procurement action involving a related organization.
14.14.3.5 Agency must maintain records sufficient to detail the history
of procurement. These records will include, but are not
necessarily limited to the following: rationale for the method
of procurement, selection of contract type, contractor
selection or rejection, and the basis for the contract price.
14.14.4 Disclosure of Conflicts of Interest.
In compliance with 2 CFR Part 200.112, Agency is required to timely disclose to
City in writing any potential conflict of interest.
14.14.5 Disclosure of Texas Penal Code Violations.
Agency affirms that it will adhere to the provisions of the Texas Penal Code which
prohibit bribery and gifts to public servants.
14.14.6 Disclosure of Federal Criminal Law Violations.
In compliance with 2 CFR Part 200.113, Agency is required to timely disclose to
City all violations of federal criminal law involving fraud, bribery or gratuity violations
potentially affecting the Agency.
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,
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purchase of equipment and supplies and provision of other services required by City. Agency agrees to incorporate the City’s BDE Ordinance, and all amendments or successor
policies or ordinances thereto, into all contracts and subcontracts for procurement larger
than $50,000.00 or larger that are paid for, in part or in full, with the CDBG Funds and will
further require all persons or entities with which it so contracts to comply with said
ordinance.
14.15.2 It is national policy to award a fair share of contracts to disadvantaged
business enterprises (“DBEs”), small business enterprises (“SBEs”), minority business
enterprises (“MBEs”), and women’s business enterprises (“WBEs”). Accordingly,
affirmative steps must be taken to assure that DBEs, SBEs, MBEs, and WBEs are utilized
when possible as sources of supplies, equipment, construction and services.
14.15.2.1 In order to comply with federal reporting requirements 24
CFR Part 570.506 (g)(6), Agency must submit the form
attached hereto as EXHIBIT “I” – MBE Reporting Form
for each contract or subcontract with a value of $10,000.00
or more paid or to be paid with the CDBG Funds. Agency
shall submit this form by the date specified in EXHIBIT “I”
–MBE Reporting Form.
14.16 Other Laws.
The failure to list any federal, state or City ordinance, law or regulation that is
applicable to Agency does not excuse or relieve Agency from the requirements or
responsibilities in regard to following the law, nor from the consequences or penalties for
Agency’s failure to follow the law, if applicable.
14.17 Assignment.
Agency shall not assign all or any part of its rights, privileges, or duties under this
Contract without the prior written approval of City. Any attempted assignment of same
without approval shall be void, and shall constitute a breach of this Contract.
14.18. Right 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 Majeure
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, pandemics, 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.
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14.20 IMMIGRATION NATIONALITY ACT. Agency shall verify the identity and employment eligibility of its employees who
perform work under this Contract, including completing the Employment Eligibility
Verification Form (I-9). Upon request by City, Agency shall provide City with copies of
all I-9 forms and supporting eligibility documentation for each employee who performs
work under this Contract. Agency shall adhere to all Federal and State laws as well as
establish appropriate procedures and controls so that no services will be performed by any
Agency employee who is not legally eligible to perform such services. AGENCY SHALL
INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES,
LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY
AGENCY, AGENCY’S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR
LICENSEES. City, upon written notice to Agency, shall have the right to immediately
terminate this Contract 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 KIND OR CHARACTER, WHETHER REAL OR ASSERTED,
ARISING OUT OF OR IN CONNECTION WITH THE EXECUTION,
PERFORMANCE, ATTEMPTED PERFORMANCE OR NONPERFORMANCE
OF THIS CONTRACT AND/OR THE OPERATIONS, ACTIVITIES AND
SERVICES OF THE PROGRAM DESCRIBED HEREIN, WHETHER OR NOT
CAUSED IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF
OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS OR
SUBCONTRACTORS OF CITY; AND AGENCY HEREBY ASSUMES ALL
LIABILITY AND RESPONSIBILITY OF CITY AND ITS OFFICERS, AGENTS,
SERVANTS, AND EMPLOYEES FOR ANY AND ALL CLAIMS OR SUITS FOR
PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY, INCLUDING
DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KINDS OR
CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN
CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED
PERFORMANCE OR NONPERFORMANCE OF THIS CONTRACT AND/OR
THE OPERATIONS, ACTIVITIES AND SERVICES OF THE PROGRAM
DESCRIBED HEREIN, WHETHER OR NOT CAUSED IN WHOLE OR IN PART
BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS,
EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS OF CITY. AGENCY
LIKEWISE COVENANTS AND AGREES TO AND DOES HEREBY INDEMNIFY
AND HOLD HARMLESS CITY FROM AND AGAINST ANY AND ALL INJURY,
DAMAGE OR DESTRUCTION OF PROPERTY OF CITY, ARISING OUT OF OR
IN CONNECTION WITH ALL ACTS OR OMISSIONS OF AGENCY, ITS
OFFICERS, MEMBERS, AGENTS, EMPLOYEES, CONTRACTORS,
SUBCONTRACTORS, INVITEES, LICENSEES, OR CLIENTS, OR CAUSED, IN
WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS,
SERVANTS, EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS OF
CITY.
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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 IS ALLEGED TO BE THE SOLE OR CONCURRING
CAUSE OF THE INJURY, DAMAGE OR DEATH.
AGENCY AGREES TO AND SHALL RELEASE CITY, ITS AGENTS,
EMPLOYEES, OFFICERS AND LEGAL REPRESENTATIVES FROM ALL
LIABILITY FOR INJURY, DEATH, DAMAGE OR LOSS TO PERSONS OR
PROPERTY SUSTAINED IN CONNECTION WITH OR INCIDENTAL TO
PERFORMANCE UNDER THIS CONTRACT, EVEN IF THE INJURY, DEATH,
DAMAGE OR LOSS IS CAUSED BY CITY’S SOLE OR CONCURRENT
NEGLIGENCE.
AGENCY SHALL REQUIRE ALL OF ITS CONTRACTORS AND
SUBCONTRACTORS TO INCLUDE IN THEIR CONTRACTS AND
SUBCONTRACTS A RELEASE AND INDEMNITY IN FAVOR OF CITY IN
SUBSTANTIALLY THE SAME FORM AS ABOVE.
16.WAIVER OF IMMUNITY BY AGENCY.
If Agency, as a charitable or nonprofit organization, has or claims an immunity or
exemption (statutory or otherwise) from and against liability for damages or injury,
including death, to persons or property, Agency hereby expressly waives its rights to plead
defensively such immunity or exemption as against City. This Section shall not be
construed to affect a governmental entity’s immunities under constitutional, statutory or
common law.
17.INSURANCE AND BONDING.
Agency will maintain coverage in the form of insurance or bond in the amount of
$115,000.00 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
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Non-Profit Organization Liability or Directors & Officers Liability $1,000,000 Each Occurrence
$1,000,000 Annual Aggregate Limit
Business Automobile Liability Insurance
$1,000,000 each accident on a combined single-limit basis, or
$ 250,000 Property Damage
$ 500,000 Bodily Injury per person per occurrence
$2,000,000 Aggregate
Insurance policy shall be endorsed to cover “Any Auto”, defined as autos owned,
hired, and non-owned. Pending availability of the above coverage and at the
discretion of City, the policy shall be the primary responding insurance policy
versus a personal auto insurance policy if or when in the course of Agency’s
business as contracted herein.
Workers’ Compensation Insurance
Part A: Statutory Limits
Part B: Employer’s Liability
$100,000 each accident
$100,000 disease-each employee
$500,000 disease-policy limit
Note: Such insurance shall cover employees performing work on any and all
projects including but not limited to construction, demolition, and rehabilitation.
Agency or its contractors shall maintain coverages, if applicable. In the event the
respective contractors do not maintain coverage, Agency shall maintain the
coverage on such contractor, if applicable, for each applicable contract.
Additional Requirements
Such insurance amounts shall be revised upward at City’s reasonable option and no more
frequently than once every 12 months, and Agency shall revise such amounts within 30
days following notice to Contractor of such requirements.
Agency will submit to City documentation that it has obtained insurance coverage and has
executed bonds as required in this Contract prior to payment of any monies provided
hereunder.
Where applicable, insurance policies required herein shall be endorsed to include City as
an additional insured as its interest may appear. Additional insured parties shall include
employees, officers, agents, and volunteers of City.
Any failure on part of City to request certificate(s) of insurance shall not be construed as a
waiver of such requirement or as a waiver of the insurance requirements themselves.
Insurers of Agency’s insurance policies shall be licensed to do business in the state of Texas
by the Department of Insurance or be otherwise eligible and authorized to do business in
the state of 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.
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Deductible limits on insurance policies shall not exceed $5,000 per occurrence unless
otherwise approved by City.
In the event there are any local, federal or other regulatory insurance or bonding
requirements for the Program, and such requirements exceed those specified herein, the
former shall prevail.
Agency shall require its contractors to maintain applicable insurance coverages, limits, and
other requirements as those specified herein; and Agency shall require its contractors to
provide Agency with certificate(s) of insurance documenting such coverage. Also, Agency
shall require its contractors to have City and Agency endorsed as additional insureds (as
their interest may appear) on their respective insurance policies.
Directors and Officers Liability coverage shall be in force and may be provided on a
claims-made basis. This coverage may also be referred to as Management Liability, and
shall protect the insured against claims arising out of alleged errors in judgment, breaches
of duty and wrongful acts arising out of their organizational duties. Coverage shall protect
not only the entity, but all past, present and future directors, officers, trustees, employees,
volunteers and committee members.
Notwithstanding any provision in this Contract to the contrary, when applicable,
Agency shall comply with the requirements of 2 CFR 200.310 and shall, at a
minimum, provide the equivalent insurance coverage for real property and
equipment acquired or improved with CDBG Funds as provided to property owned
by Agency.
18.CERTIFICATION REGARDING LOBBYING.
The undersigned representative of Agency hereby certifies, to the best of his or her
knowledge and belief, that:
No federal appropriated funds have been paid or will be paid, by or on behalf of
Agency, to any person for influencing or attempting to influence an officer or
employee of any agency, a member of Congress, an officer or employee of
Congress in connection with the awarding of any federal contract, the making of
any federal grant, the making of any federal loan, the entering into of any
cooperative agreement and the extension, continuation, renewal, amendment, or
modification of any federal contract, grant, loan or cooperative agreement.
If any funds other than federally appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence an officer or employee of
any agency, member of Congress in connection with this federal contract, grant,
loan or cooperative agreement, Agency shall complete and submit Standard Form-
LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
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.
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Agency shall require that the language of this certification be included in all subcontracts or agreements involving the expenditure of federal funds.
19.LITIGATION AND CLAIMS.
Agency shall give City immediate notice in writing of any action, including any
proceeding before an administrative agency, filed against Agency in conjunction with this
Contract or the Program. Agency shall furnish immediately to City copies of all pertinent
papers received by Agency with respect to such action or claim. Agency shall provide a
notice to City within 10 days upon filing under any bankruptcy or financial insolvency
provision of law.
20.NOTICE.
All notices required or permitted by this Contract must be in writing and are deemed
delivered on the earlier date of the date actually received or the third day following deposit
in a United States Postal Service post office or receptacle; with proper postage, certified
mail return receipt requested; and addressed to the other Party at the address set out below
or at such other address as the receiving Party designates by proper notice to the sending
Party.
City:
City Attorney’s Office
200 Texas Street
Fort Worth, TX 76102
Telephone: 817-392-7600
Copy to:
Neighborhood Services Department
200 Texas Street
Fort Worth, TX 76102
Attention: Victor Turner, Director
Telephone: 817-392-7540
Copy to:
Neighborhood Services Department
200 Texas Street
Fort Worth, TX 76102
Attention: Contract Administrator
Telephone: 817-392-7333
Agency:
REACH of Fort Worth
Charlotte Stewart, Executive Director
1000 Macon St, Ste 200
Fort Worth, TX 76102-4527
Telephone: 817-870-9082
21.AGENCY HAS LEGAL AUTHORITY TO ENTER INTO CONTRACT.
Agency represents that it possesses the legal authority, pursuant to any proper,
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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
If Agency has less than ten employees, this contract is for less than $100,000, or
Agency does not meet the definition of a “company” under the applicable section of the
Texas Government Code, this provision shall not apply. 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.
25.PROHIBITION ON BOYCOTTING ENERGY COMPANIES
Agency acknowledges that in accordance with Chapter 2274 of the Texas
Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2, the City is
prohibited from entering into a contract for goods or services that has a value of $100,000
or more that is to be paid wholly or partly from public funds of the City with a company
with 10 or more full-time employees unless the contract contains a written verification
from the company that it: (1) does not boycott energy companies; and (2) will not boycott
energy companies during the term of the contract. The terms “boycott energy company”
and “company” have the meaning ascribed to those terms by Chapter 2274 of the Texas
Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2. To the extent that
Chapter 2274 of the Government Code is applicable to this Agreement, by signing this
Agreement, Agency certifies that Agency’s signature provides written verification to the
City that Agency: (1) does not boycott energy companies; and (2) will not boycott energy
companies during the term of this Agreement.
26.PROHIBITION ON DISCRIMINATION AGAINST FIREARM AND
AMMUNITION INDUSTRIES
Agency acknowledges that except as otherwise provided by Chapter 2274 of the
Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1, the City is
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prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company
with 10 or more full-time employees unless the contract contains a written verification
from the company that it: (1) does not have a practice, policy, guidance, or directive that
discriminates against a firearm entity or firearm trade association; and (2) will not
discriminate during the term of the contract against a firearm entity or firearm trade
association. The terms “discriminate,” “firearm entity” and “firearm trade association”
have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code,
as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1. To the extent that Chapter 2274 of
the Government Code is applicable to this Agreement, by signing this Agreement, Agency
certifies that Agency’s signature provides written verification to the City that Agency: (1)
does not have a practice, policy, guidance, or directive that discriminates against a firearm
entity or firearm trade association; and (2) will not discriminate against a firearm entity or
firearm trade association during the term of this Agreement.
[SIGNATURES APPEAR ON NEXT PAGE]
IN WITNESS WHEREOF, the Parties hereto have executed 1 original of this
Contract in Fort Worth, Tarrant County, Texas.
ATTEST:
Ronald Gonzales, Assist. City Secretary
M&C: 21-0522
1295 Ce1iification No. 722949
Date: March 3, 2021
RECOMMENDED BY:
CITY OF FORT WORTH
°r-lCL.... By: Fernando Costa (Nov 15, 202 110:42 CST)
Fernando Costa, Assistant City Manager
Victor Turner, Director Neighborhood Services
APPROVED AS TO FORM AND LEGALITY:
Taylor Paris, 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
Bqrbqrq Asbury
Barbara Asbury (Nov J J 2021 J J ·24 CST} Barbara Asbury, Compliance and Planning Manager
REACH OF FORT WORTH
clr4r/e-fft:A, Sm-thU'f-By: Charlotte A. Stewart (Nov 11, 202110:29 CST)
Charlotte Stewart, Executive Director
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EXHIBITS:
EXHIBIT “A” –Program Summary
EXHIBIT “A-1” – 2019 HUD Income Limits
EXHIBIT “A-2” – Reporting Requirements for Countywide Agencies
EXHIBIT “B” – Budget
EXHIBIT “C” – Audit Certification Form
EXHIBIT “D” – Reimbursement Forms
EXHIBIT “E” – Form of Income Self-Certification
EXHIBIT “F” – Standards for Complete Documentation
EXHIBIT “G” – Section 3 Reporting Forms (NOT APPLICABLE)
EXHIBIT “H” – Severely Disabled Certification Form
EXHIBIT “I” – MBE Reporting Form
EXHIBIT “J” – Duties of the Parties for Use of NSD Community Centers
EXHIBIT “K” – Notice of Beneficiary Rights
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CDBG CONTRACT 2021-2022-EXHIBIT “A”-PROGRAM SUMMARY
Rehabilitation, Education and Advocacy for Persons with Handicaps, dba REACH, Inc.
REACH, INC.
Project Ramp
EXHIBIT “A”
PROGRAM SUMMARY
(CDBG FUNDS)
October 1, 2021 to September 30, 2022 $115,000.00
PROGRAM PERIOD AMOUNT
Capitalized terms not defined herein shall have meanings assigned them in the Contract.
PROGRAM:
The Project Ramp provides for the installation of ramps, handrails, and grab bars at eligible
homeowner residences. Eligible homeowners must be Income Eligible Clients, occupy the home
as their principal residence and have a mobility impairment or have a household member residing
with them who has a mobility impairment. All installations will be done in accordance with
specifications outlined in the ADA Accessibility Guidelines, HUD and city requirements.
Agency or homeowner is responsible for submitting any applications for city permits or approvals.
These approvals may include but are not limited to Historic and Cultural Landmarks Commission,
Board of Adjustment, Zoning and building inspections. Cost for permits or approvals are
reimbursable under this contract.
Agency must coordinate with the City to ensure compliance with the Lead Safe Housing Rule.
CDBG funds will be used to pay for materials, building permits and contractor labor for the
installation of ramps, handrails and grab bars. Agency shall expend no more than $5,000 in eligible
home repairs or improvements on a single household during the term of this Agreement.
Agency is located at 1000 Macon Street, Suite 200, Fort Worth, Texas 76102. Operating hours are
8:00 a.m. to 5:00 p.m., Monday through Saturday.
REGULATORY CLASSIFICATION:
IDIS Matrix Code(s) and Service Category: 14A Rehab: Single-Unit Residential
National Objective Citation: LMH Low/Mod Housing Benefit 24 CFR 570.208(a)( 3)
Regulatory Citation(s): 24 CFR 570.202(b)(11)
Agency will maintain documentation that verifies that 100% of clients served by the Program are
Income Eligible Clients.
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CDBG CONTRACT 2021-2022-EXHIBIT “A”-PROGRAM SUMMARY
Rehabilitation, Education and Advocacy for Persons with Handicaps, dba REACH, Inc.
PROGRAM GOALS:
Minimum Number of Clients to be Served: The Program must serve a minimum of 52
Unduplicated Clients (80%) of the 65 Unduplicated Clients proposed) from Fort Worth as
shown by the monthly reports on Attachment III-Client Data Report.
CDBG PSA CONTRACT 2020-2021 - EXHIBIT “A-1” - PROGRAM SUMMARY Page 1
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EXHIBIT "A-1”
2020 HUD INCOME LIMITS
1 person 2 persons 3 persons 4 persons 5 persons 6 persons 7 persons 8 persons
30% AMI $17,150 $19,600 $22,050 $24,450 $26,450 $28,400 $30,350 $32,300
50% AMI $28,550 $32,600 $36,700 $40,750 $44,050 $47,300 $50,550 $53,800
60% AMI $34,260 $39,120 $44,040 $48,900 $52,860 $56,760 $60,660 $64,560
80% AMI $45,650 $52,200 $58,700 $65,200 $70,450 $75,650 $80,850 $86,100
*Income limits are published at least annually by HUD.
CDBG PSA CONTRACT 2021-2022 -- EXHIBIT “A-2”
REPORTING REQUIREMENTS FOR COUNTYWIDE AGENCIES Page 1
Rehabilitation, Education and Advocacy for Persons with Handicaps, dba REACH, Inc.
EXHIBIT “A-2”
REPORTING REQUIREMENTS FOR COUNTYWIDE AGENCIES
CDBG PSA CONTRACT 2021-2022 -- EXHIBIT “A-2”
REPORTING REQUIREMENTS FOR COUNTYWIDE AGENCIES Page 1
Rehabilitation, Education and Advocacy for Persons with Handicaps, dba REACH, Inc.
REACH, INC FORT WORTH
REPORTING REQUIREMENTS FOR COUNTYWIDE AGENCIES
Quarterly Report
The purpose of the Quarterly Report is for the Countywide Agencies to report the number of non-Fort
Worth clients who participate in the Program. The Quarterly Report must be submitted with the
December, March, June and September Reimbursement Requests. The submission of the Quarterly
Report is through ZoomGrants. The information provided in the Quarterly Report will be reviewed
and monitored by the Neighborhood Services Department Compliance Division.
DUE DATE REPORTING RANGE
# OF FORT
WORTH CLIENTS
# OF NON-FORT
WORTH CLIENTS
TOTAL # OF CLIENTS
SERVED BY THE PROGRAM (C+D)
% OF FORT WORTH
CLIENTS (C÷E)
A B C D E F
EXAMPLE: 250 200 450 250÷450=55%
January 15, 2022 October 1, 2021 –
December 31, 2021
April 15, 2022 January 1, 2022 –
March 30, 2022
July 15, 2022 April 1, 2022 –
June 30, 2022
October 1, 2022 July 1, 2022 –
September 30, 2022
TOTAL
I, Agency representative, certify that I verified the information I reported this quarter and it is correct
to the best of my knowledge.
Certified by: Date:
Signature/Title:
Account Grant Budget A B C D E Total
PROGRAM PERSONNEL
Salaries 1001 35,100.00$ 35,100.00$
FICA 1002 2,685.00$ 2,685.00$
Life/Disability Insurance 1003 646.00$ 646.00$
Health/Dental Insurance 1004 8,943.00$ 8,943.00$
Unemployment-State 1005 103.00$ 103.00$
Worker's Compensation 1006 128.00$ 128.00$
Retirement 1007
Staff Training 1008
SUPPLIES AND SERVICES
Office/Program Supplies 2001 250.00$ 250.00$
Postage 2002 500.00$ 500.00$
Printing 2003
Adv/Media, Dues/Pub, Printing,
Bank Fees
other 2004
MISCELLANEOUS
Construction/Building Materials 3001 $46,000.00 $16,000.00 $62,000.00
Contract Labor Food
Supplies/Meals (City needs copy
of contract before expenses can be
reimbursed)3002 $69,000.00 $24,000.00 $93,000.00
Food Supplies 3003
Teaching Aids 3004
Craft Supplies 3005
Field Trip Expenses 3006
Mileage 3007 1,250.00$ 1,250.00$
FACILITY AND UTILITIES
Telephone 4001 1,496.00$ 1,496.00$
Electric 4002
Gas 4003
Water and Wastewater 4004
Solid Waste Disposal 4005
Rent (City needs copy of lease
before expenses can be
reimbursed)4006 3,565.00$ 3,565.00$
Cleaning Supplies 4007
Repairs 4008
Custodial Services 4009
Utilities, Transportation, PP &E 4010
LEGAL, FINANCIAL AND
INSURANCE
Fidelity Bond or Equivalent 5001 215.00$ 215.00$
Directors and Officers 5002
General Commercial Liability 5003 460.00$ 460.00$
Other - Cyber Ins)5004 134.00$ 134.00$
volunteer
volunteer
Prof Fees
DIRECT ASSISTANCE
Audit/IT/Legal Volunteer
Recruitment, Misc.6001
BUDGET TOTAL 115,000.00$ 40,000.00$ 55,475.00$ -$ -$ -$ 210,475.00$
FUNDING A: Donated Funds
FUNDING B: REACH Match Funds
FUNDING C:
EXHIBIT "B" - BUDGET
Page 1
Annual Salary
Est. Percent to
Grant
Amount to
Grant
35,100.00$ 0.0%-$
Percent of
Payroll Amount
Est. Percent to
Grant
Amount to
Grant
FICA 2,685.00$ 0.0%
Life/Disability Insurance 646.00$ 0.0%
Health/Dental Insurance 8,943.00$ 0.0%
Unemployment-State 103.00$ 0.0%
Worker's Compensation 128.00$ 0.0%
Retirement
Staff Training
TOTAL 12,505.00$ 0.0%
Total Budget
Est. Percent to
Grant
Amount to
Grant
250.00$ 0.0%
500.00$ 0.0%
750.00$ 0.0%
The following tables were created for the purpose of preparing,negotiating,and determining the cost
reasonableness and cost allocation method used by the Agency for the line item budget represented on
the first page of this EXHIBIT “B”–Budget. The information reflected in the tables is to be
considered part of the terms and conditions of the Contract. Agency must have prior written approval
by the City to make changes to any line item in the Budget as outlined in Section 5.2.2 in the
Contract. The deadline to make changes to EXHIBIT “B” – Budget is .
TOTAL
FRINGE DETAIL-PROGRAM PERSONNEL
SALARY DETAIL-PROGRAM PERSONNEL
Position Title
N/A
SUPPLIES AND SERVICES
Office/Program Supplies
Adv/Media, Dues/Pub, Printing, Bank Fees
Postage
Printing
TOTAL
Total Budget
Est. Percent to
Grant
Amount to
Grant
Construction/Building Materials 62,000.00$ 74.19%46,000.00$
93,000.00$ 74.19%69,000.00$
1,250.00$ 0.00%
156,250.00$ 73.60%115,000.00$
FACILITY AND UTILITIES Total Budget
Est. Percent to
Grant
Amount to
Grant
1,496.00$ 0.0%
3,565.00$ 0.0%
5,061.00$ 0.0%-$
L, FINANCIAL AND INSURANCE Total Budget
Est. Percent to
Grant
Amount to
Grant
215.00$ 0.0%
-$ 0.0%
460.00$ 0.0%
134.00$ 0.0%
809.00$ 0.0%-$
DIRECT ASSISTANCE Total Budget
Est. Percent to
Grant
Amount to
Grant
210,475.00$ 54.64%115,000.00$
Other ()
TOTAL
Fidelity Bond or Equivalent
Directors and Officers
Other (Cyber Policy)
TOTAL
General Commercial Liability
Repairs
TOTAL
Utilities, Transportation, PP & E
Solid Waste Disposal
TOTAL
Rent
Telephone
Electric
Gas
Water and Wastewater
Cleaning Supplies
Custodial Services
MISCELLANEOUS
Mileage
Teaching Aids
Craft Supplies
Contract Labor
Food Supplies
Field Trip Expenses
AUDIT CERT[FICATION FORN� ANU AUDIT REQUIRENIENTS
Agency: Rchabilitation, F.,ducation and Advocacy fur Persons ��'ith Handicaps, d6a REACi-I, Tnc
Fiseal Year Cnding: September 30, 2022
� Dtu�in�� the fiscal y���r in whicl� funds will be receivcd, we will exeeed the [ederal expenditure
threshold of �7i0,000. VVe �vill have our Singl� Audit or Pro�raiu Specific Audil completed
and ���ill submit the audit reporl described in 2 CPR Part 2U0 within 7 months after the end
of the audited tiscal year or 30 �iays ���ithin its completion, wl�ichever is the earlier date.
❑ Durin� the liscal year in �vhich funds will be received, �ve ►vill not escced the $750,ODU t:ederal
expenditure tlireshold rec�uired tor a Sin�le Andic or a Program Specitic Audit to be pei'tonned
tl�is fiiscal year. (�ill out sche�l��le bcloir)
Federal l;�penditurc Uisclosure
MUST be fillecl aut if Sin le Audit or Pra�ran3 �udit is NOT re uired.
Pass Thiough Program Name & Contract �� endi.tt�res
Federal Grantor (Yrantor CPDA Number Numher �
_�-
I
Total Fccleral Cx cnditu�•cs for this Fisc�l 1'car: �
C��tiX�-(�to-�� ��f�t�� ��%�G�Y��ir�1"
Signato�y and Ti le
I 1�� I ao�. l
--r Date
Failure to submit this oi• a siuZilar statement or failure to submit a cotnpleted si�lgle �udil packa��
as descriUed in the fede►�ally required audit requirements described i►i 2 C:FR I'art 200, as
applicable, by lhe required due date may result in suspensian of fundin� and may affecl eli�iUility
for future 1'undin�. Notwithstanding the abo��c, this certi�cation acknowledges the agency's
commitment to meei all other Cinancial reporting, tin�incial statemcnts, and other :ludit
requirements as m�iy be set fo►-th in the Contract.
CL�C3G-CV 51°io PSA CONTR,\CT 3021-?? -- L'?:I IIBIT "C" — nL'DI'r CERTIPICATION FOFZM
Rehabilitation. Educa�ion and Ad�'ocac�' for Persc�ns �vith Hanilicaps, dba RL-ACH. Inc
CDBG 51% PSA CONTRACT 21-22 ― EXHIBIT “D” ― REPORTING FORMS
Rehabilitation, Education and Advocacy for Persons with Handicaps, dba REACH, Inc Page 1
EXHIBIT “D”
REPORTING FORMS
CDBG 51% PSA CONTRACT 21-22 ― EXHIBIT “D” ― REPORTING FORMS
Rehabilitation, Education and Advocacy for Persons with Handicaps, dba REACH, Inc Page 2
ATTACHMENT I
Invoice
Agency:
Address:
City, State, Zip:
Program:
Period of Service:
Tax ID No.
P.O. No.
FID No.
This Invoice Cumulative to Date
CDBG
Program
Attachment I
INVOICE
Agency
AmountProgram
CDBG 51% PSA CONTRACT 21-22 ― EXHIBIT “D” ― REPORTING FORMS
Rehabilitation, Education and Advocacy for Persons with Handicaps, dba REACH, Inc Page 3
ATTACHMENT II
Expenditure Worksheet
Agency:
Program:
Only highlighted codes can be reimbursed
Please group like account codes.
Line
No.Check No.Date Payee Description/Job Title*
Account
Code (See
Key to Right)Amount
Expense Line Item
Account
1
2 Salaries 1001
3 FICA 1002
4 Life/Disability Insurance 1003
5 Health/Dental Insurance 1004
6 Unemployment-State 1005
7 Worker’s Compensation 1006
8 Retirement 1007
9
10 Office/Program Supplies 2001
11 Postage 2002
12 Printing 2003
13 Other(CaseWorthy, Phones, 2004
14
15 Contract Labor 3001
16 Food Supplies 3002
17 Teaching Aids 3003
18 Craft Supplies 3004
19 Field Trip Expenses 3005
20 Mileage 3006
21 Other(Client Employment 3007
22 Other(Client Credentialing Fund)3008
23
24 Telephone 4001
25 Electric 4002
26 Gas 4003
27 Water and Wastewater 4004
28 Solid Waste Disposal 4005
29 Rent 4006
30 Cleaning Supplies 4007
31 Other(Custodial Services, 4008
32
33 Fidelity Bond or Equivalent 5001
34 Directors and Officers 5002
35 General Commercial Liability 5003
36 Other(IDC, Interpretation)5004
37
38 Other(Training, Transportation)6001
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
Total $0.00
Expenditure Worksheet
ATTACHMENT II
City of Fort Worth
Neighborhood Services Department
*For Salaries, state employee's title under Description/Job Title. Rent must identify tenant
Agency
Program
FACILITY AND UTILITIES
MISCELLANEOUS
LEGAL, FINANCIAL, AND INSURANCE
DIRECT ASSISTANCE
PROGRAM PERSONNEL
SUPPLIES AND SERVICES
CDBG 51% PSA CONTRACT 21-22 ― EXHIBIT “D” ― REPORTING FORMS
Rehabilitation, Education and Advocacy for Persons with Handicaps, dba REACH, Inc Page 4
ATTACHMENT III
Client Data Report
Agency:
Program:
Month:
#DIV/0!
*Do not revise the client goal unless the contract is amended, accordingly.
2 2A 3 4 5
MALE FEMALE HISPANIC
NON-
HISPANIC
AMERICAN
INDIAN OR
ALASKAN
NATIVE
ASIAN
BLACK OR
AFRICAN
AMERICAN
NATIVE
HAWAIIAN
OR OTHER
PACIFIC
ISLANDER
DATE
CLIENT
RECEIVED
SERVICE
FORT
WORTH
RESIDENT?
YES OR NO
SERVICE
LOCATION (IF
APPLICABLE)
NAME STREET ADDRESS
(Client Address)
AGE
GENDER
(Indicate One)
ETHNICITY
(Indicate One)
1 6 7
Undup Clts for CURRENT MONTH * Please highlight new clients for the month.
CUMULATIVE Unduplicated Clients
*Proposed Client Goal Per Contract
% of Milestone Met
Instructions:This report is meant to list all unduplicated clients served during the Contract term (October 1, xxxx to September 30, xxxx Each month, please report the information of clients not previously reporte
act as a rolling tally. Please only list clients one time during the first month that they receive service. Clients that continue to receive Program services for multiple months only need to be listed one tim
clients that were served by that particular staff person in that program. Information for each client listed below must have the demographic information reflected in columns 1 thru 12.
ATTACHMEN
CLIENT DATA R
Agency Name
Program Name
Month
CDBG 51% PSA CONTRACT 21-22 - EXHIBIT “E” -- INCOME CERTIFICATION FORMS Page 1
Rehabilitation, Education and Advocacy for Persons with Handicaps, dba REACH, Inc
EXHIBIT “E”
INCOME CERTIFICATION FORMS
CDBG 51% PSA CONTRACT 21-22 - EXHIBIT “E” -- INCOME CERTIFICATION FORMS Page 2
Rehabilitation, Education and Advocacy for Persons with Handicaps, dba REACH, Inc
City of Fort Worth
CERTIFICATION OF INCOME STATEMENT
Applicant Name: ____________________________________
Current Address: ____________ Phone #:
City and Zip: _____________
Household Members and Income
(including applicant)
Last Name First Name Age Monthly
Income $$
Source of Income
TOTAL NUMBER OF FAMILY MEMBERS (Include Yourself, Spouse, Children, etc.)
Total Gross Annual Household Income: ________
PERSONAL INFORMATION: (Check one in each item. This Information is Required for Federal Reporting Purposes)
a. MALE b. WHITE BLACK/AFRICAN AMERICAN BLACK/AFRICAN AMERICAN & WHITE
FEMALE AMERICAN INDIAN/ALASKAN NATIVE ASIAN
AMERICAN INDIAN/ALASKAN NATIVE & WHITE ASIAN & WHITE
NATIVE HAWAIIAN/OTHER PACIFIC ISLANDER BALANCE/OTHER
AMERICAN INDIAN/ALASKAN NATIVE & BLACK/AFRICAN AMERICAN
c. ETHNICITY d. DISABLED e. IS HEAD OF HOUSEHOLD FEMALE?
HISPANIC YES YES
NON-HISPANIC NO NO
Certification: I certify that the information I am providing is true and could be subject to verification at any
time by a third party. I also acknowledge that the provision of false information could leave me subject to the
penalties of Federal, State and local law.
__________________ _____________
Signature of Applicant Date
WARNING: TITLE 18, SECTION 1001 OF THE U.S. CODE STATES THAT A PERSON IS GUILTY OF A FELONY
FOR KNOWINGLY AND WILLINGLY MAKING FALSE OR FRAUDULENT STATEMENTS TO ANY DEPARTMENT OF
THE UNITED STATES GOVERNMENT.
-----------------For use by Agency staff only-----------------
Household Size: Gross Annual Income:
Applicable Income Limit: Is Applicant Eligible?
Check if Applicant refused to provide demographic information: Õ
Staff Assessment of Demographics: ____________________________________________________________
Person Making Determination: Date:
NOTE: Address, income amounts and sources for ALL household members are required.
CDBG 51% PSA CONTRACT 21-22 - EXHIBIT “E” -- INCOME CERTIFICATION FORMS Page 3
Rehabilitation, Education and Advocacy for Persons with Handicaps, dba REACH, Inc
Ciudad de Fort Worth
CERTIFICACIÓN DE DECLARACIÓN DE INGRESOS
Nombre del Solicitante:
Dirección de Actualidad: Teléfono:
Ciudad y Código Postal: ______
Miembros Del Hogar e Ingresos
(Incluyendo el/la Solicitante)
Apellido Nombre Edad Ingreso
Mensual
Origen de Ingresos
* TOTAL NÚMERO DE MIEMBROS DEL HOGAR (Inclúyase Usted.)
Total, Anual de Ingresos del hogar:
**INFORMACIÓN PERSONAL: (Seleccione uno en cada artículo. Esta información es requerida por el Gobierno federal.)
a. MASCULINO b. BLANCO NEGRO/AFRICANO AMERICANO NEGRO/AFRICANO AMERICANO & BLANCO
FEMININO INDIO AMERICANO/NATIVO DE ALASKA ASIATICO
INDIO AMERICANO/NATIVO DE ALASKA & BLANCO ASIATICO & BLANCO
NATIVO HAWAIANO/OTRO DE LAS ISLAS PACIFICAS BALANCE/OTRO
INDIO AMERICANO / NATIVO DE ALASKA & NEGRO/AFRICANO AMERICANO
c. ETHNICIDAD d. INCAPACITADO e. ¿ES LA CABEZA DEL HOGAR MUJER?
HISPANO SI SI
NO-HISPANO NO NO
Certificación: Yo certifico que la información que yo estoy proporcionando es verdadera y puedo ser sujeto a
verificación a cualquiera hora por tercera parte. Yo también reconozco que la provisión de información falsa
puede dejarme sujeto a penalidades Federales, Estatales, y a ley local.
Firma del Solicitante Fecha
ADVERTENCIA: TITULO 18, SECCIÓN 1001 DEL CÓDIGO DE LOS ESTADOS UNIDOS INDICA QUE UNA
PERSONA ES CULPABLE DE UN DELITO POR SABER Y VOLUNTARIAMENTE HACER DECLARACIONES FALSOS O
FRAUDULENTAS A CUALQUIER DEPARTAMENTO DE GOBIERNO DE LOS ESTADOS UNIDOS.
-----------------Para use de empleados de la agencia-----------------
# De Miembros de Familia: Ingreso Anual:
Límite de Ingreso: ¿Es solicitante elegible?:
Compruebe si el solicitante se negó a dar su información personal: Õ
Evaluación del empleado sobre información personal: ____________________________________________
Persona haciendo la determinación: Fecha:
Note: La dirección de la casa y los ingresos (y sus orígenes) para todos miembros del hogar son requerido
CDBG PSA CONTRACT 21-22-- EXHIBIT “F” -- STANDARDS OF DOCUMENTATION
EXHIBIT “F”
STANDARDS OF DOCUMENTATION
CDBG PSA CONTRACT 2021-22 Exhibit "F" -- STANDARDS FOR COMPLETE DOCUMENTATIONInvoiceProof of Payment*TimesheetContract/AgreementSAM.gov SearchLeaseExplanation of how expense is related to ProgramNotes/Other
Salaries X x
If an employee works on both a CDBG eligible and non-CDBG eligible program(s), the City will only reimburse for a reasonable portion
of the employee's salary. Prior to the execution of the CDBG Contract, the Agency will priovide the City with a written statement on how
each employee's time will be allocated. If an employee works 100% of their time directly with the CDBG-funded Program, then 100% of
the employee's salary may be eligible for reimbursement. Agency must submit a written statement that 100% of the employee's time is
spent working directly with the CDBG-funded Program. Statements must be signed by a person authorized to sign on behalf of the
Agency and will be submitted with the October invoice.
Reimbursement requests must include a timesheet and work log that reflects the hours worked by the employee(s) working directly on
the CDBG-funded Program. For employees who are paid with multiple funding sources, timesheets must reflect all funding sources. If
separate timesheets are kept for each funding source, all such timesheets must be submitted to City. Timesheets must be signed by
employee and supervisor. Agency must show a calculation and documentation of how the employee's salary was calculated and
invoiced to City.
*If employees are paid by direct deposit rather than check, then the agency must submit both the direct deposit payment company's
report (such as an ADT report) and a bank statement or check showing payment to the direct deposit company.
FICA/Medicare X X X
Life Insurance X X X
Health
Insurance X X X
Disability
Insurance X X X
Unemployment
Insurance X X X
Retirement X X X
If the City pays gross salary, this is already included. If the City pays the employer portion, the Agency must provide proof that the
employee is enrolled in the benefit plan, must show a calculation and documentation of how the invoiced amount was calculated, and
must provide documentation showing payment. Invoice and proof of payment are only required with the first reimbursement request and
at any time there are changes to amounts, enrollments, disenrollments, etc.
Office Supplies X X X
Office
Equipment
Rental
X X X X X
Postage X X X
Printing X X X
Construction &
Building
Materials
X X X X This category is only available for the REACH Program and Habitat for Humanity.
Sport and
Recreation
Equipment
X X X
Cleaning
Supplies X X X
Teaching Aids X X X
Craft Supplies X X X
Food Supplies X X X This category is only available to the Program provided by Meals on Wheels.
Telephone X X
Gas X X
Water/Wastew
ater X X
Electric X X
Solid Waste X X
2021-22 Documentation Standards for
CDBG Public Service Contract Expenses
Budget Line
Items
Employee Salaries and Benefits - City will only reimburse a percentage of any employee's salary and benefits who work directly with the CDBG-funded Program.
Percentages will be cost allocated and determined prior to the execution of the CDBG Contract. Agencies requesting the reimbursement of 100% of any Agency employee
will require prior City approval. Agencies must show calculation on how the CDBG portion of employee salaries and benefits were calculated consistently with the CDBG
Contract.
If the City pays gross salary, this is already included. If the City pays the employer portion, the Agency must provide proof that the
employee is enrolled in the benefit plan, must show a calculation and documentation of how the invoiced amount was calculated, and
must provide documentation showing payment. Invoice and proof of payment are only required with the first reimbursement request and
at any time there are changes to amounts, enrollments, disenrollments, etc.
Materials, Equipment, Goods and Supplies - City will only reimburse for the cost allocated percent or amount spent in support of the CDBG-funded Program. Agencies
requesting reimbursement for these items will require prior City approval. Agencies must show calculation on how the CDBG portion of these expenses were calculated
consistently with the CDBG Contract.
Rent, Utilities and Maintenance - City will only pay for a portion of these expenses. The portion of these expenses will be determined by the square footage attributable to
the CDBG-funded Program and shall be cost-allocated in accordance with the amount of space used for the CDBG-funded Program. These expenses may only be in support
of the CDBG-funded Program. The items listed below require prior City approval and the Agency is required to identify any funding source that pays for the portion of the
expenses that is not paid with CDBG funds. Agencies must show calculation on how the CDBG portion of these expenses were calculated consistently with the CDBG
Contract.
CDBG PSA CONTRACT 2021-22 Exhibit "F" -- STANDARDS FOR COMPLETE DOCUMENTATION
Facility
Maintenance
and Repairs
X X X X This item requires approval by the City prior to the execution of the CDBG Contract. Repairs may be categorized as major/minor
rehabilitation projects and must be approved through the full HUD Environmetal Review.
Rent X X X City will pay for a portion of the rent for the Program facility so long as its in proportion to the square footage attributable to the CDBG-
funded program.
Contract Labor X X X X X
This item requires prior approval by the City. Prior to the execution of the CDBG Contract, the Agency must submit a written statement
that lists the contract labor services to be used during the Contract term. Agency will submit a memo related to the procurement of such
services and will forward any information pertaining to the procurement process to City. This requirement applies to, but is not limited to,
services retained for security services, legal, accounting, transportation providers, educational facilitators, custodial services, etc.
Agencies may not use the contract services of any City of Fort Worth Department.
City-required
Insurance X X City will only pay for a percentage of the City-required insurance so long as it's in proportion to the square footage attributable to the
CDBG-funded program.
Childcare
Scholarships X X
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
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
schedule/formula must be submitted to the City prior to the first payment. Agency must submit documentation supporting that the client
is income eligible and that the household is being charged in conformance with the fee schedule. If the fee schedule/formula changes at
any time during the contract term, the Agency must immediately notify City on the date the new fee schedule/formula takes into effect.
"$0" Income
Certifications
Agecies that are required to verify and provide proof of household income to determine eligibility, must require that anyone who is over
the age of 18, living in the housohold, submit a $0 Income Certification.
Audit Services X X X X
If an audit is required because federal funds exceed $750,000, then the cost should be split evenly by all grant funding sources. Agency
must show calculation on how the CDBG portion of the accounting services were calculated. For example, if the CDBG grant is 10% of
your Agency's budget, then invoice shall not exceed 10% of the overall cost. Agency must show a calculation and documentation of
how the invoiced amount was calculated, and must provide documentation showing payment.
Revised as of 09-14-2020 SK
Miscellaneous
*Proof of payment effective October 1, 2020: Payments or Expenses must be documented in the following manner:
A) Image of the check AND bank statement showing the check cleared the bank; OR,
B) Image of the cancelled check (ex. At end of bank statement); OR,
C) Payroll Check Stub, "Advice", or Statement AND Bank Statement indicating payroll; OR,
D) For wire or e-transfers: Reciept or statement from payee/vendor OR bank statement.
CDBG 51% PSA CONTRACT 21-2-- EXHIBIT “G” -- SECTION 3 REPORTING FORMS
Rehabilitation, Education and Advocacy for Persons with Handicaps, dba REACH, Inc Page 1
EXHIBIT “G”
SECTION 3 REPORTING FORMS
NOT APPLICABLE
CDBG 100% PSA CONTRACT - EXHIBIT “H” - SEVERELY DISABLED CERTIFICATION FORM
Rehabilitation, Education and Advocacy for Persons with Handicaps, dba REACH, Inc.
EXHIBIT “H”
SEVERELY DISABLED CERTIFICATION FORM
CDBG 100% PSA CONTRACT - EXHIBIT “H” - SEVERELY DISABLED CERTIFICATION FORM
Rehabilitation, Education and Advocacy for Persons with Handicaps, dba REACH, Inc.
REACH, INC FORT WORTH
CERTIFICATION FORM
DOCUMENTING CLIENT STATUS AS “SEVERELY DISABLED ADULT”
Client Name:
Address:
City, State, Zip
Client Identification No.
CHECK ALL THAT APPLY
Has used a wheelchair, a walker, cane , crutches or other special aid for six
months or longer
Has been diagnosed with one of the following conditions: Alzheimer’s disease,
mental retardation or other developmental disability, senility or dementia,
cerebral palsy, or autism; or has another mental or emotional condition that
seriously interferes with everyday tasks.
Is unable to perform one or more of the following “Functional Activities”:
seeing, hearing, speaking and having one’s speech understood, lifting or
carrying, using stairs, grasping small objects, or walking.
Is unable to perform or needs assistance to perform one or more of the following
Activities of Daily Living (ADL): getting around inside the home, getting in or
out of bed or a chair, bathing, dressing, eating, and toileting.
Is unable to perform or needs assistance to perform one or more of the following
Instrumental Activities of Daily Living (IADL): going outside the home,
keeping track of money and bills, preparing meals, doing light housework,
taking prescription medications in the right amount and at the right time, and
using the telephone.
Has a condition that prevents them from working at a job or doing housework.
The undersigned Agency representative conducted a visual assessment of the client identified on this
form and certifies that the client meets at least one of the conditions indicated above, which
determines that he/ she meets the definition of “severely disabled” according to the U.S. Census
Bureau.
Certified by: Date:
Signature/Title:
CFW Neighborhood Services Dept.: Revised 08/29/2019
CDBG 100% PSA CONTRACT 2-- EXHIBIT “I” -- MBE REPORTING FORM
Rehabilitation, Education and Advocacy for Persons with Handicaps, dba REACH, Inc.
Page 1
EXHIBIT “I”
MBE REPORTING FORM
OMB Approval No.: 2577-0088 OMB
Contract and Subcontract Activity U.S. Department of Housing and Urban Development Approval No.: 2502-0355
Public reporting burden for this collection of information is estimated to average .5 hours per response, including the tune for reviewing insh-uctions, seazching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. The
Information is voluntary. HUD may not collect this information, and you are not required to complete this form, unless it displays a currently valid OMB Control Number.
Executive Orders dated July 14, 1983, directs the Minority Business Development Plans shall be developed by each Federal Agency and the these annual plans shall establish minority business development objectives. The information is used by HUD to monitor and evaluate MBE activities against
the total program activity and the designated minority business enterprise (MBE) goals. The Department requires the information to provide guidance and oversight for programs for the development of minority business enterprise conceming Minority Business Development. If the information is
not collected HUD would not be able to establish meaningful MBE goals nor evaluate MBE performance against these goals.
Privacy Act Notice = The United States Deparhnent of Housing and Urban Development, Federal Housing Administration, is authorized to solicit the Information requested in this form by virtue of Title 12, United States Code, Section 1701 et seq., and regulation. It will not be disclosed or
relesed outside the United States Department of Housing and Urban Development without your consetn, except as required or permitted by Law.
1. Grantee/ProjectOwner/Developer/Sponsor/Builder/Agency
REACH. Inc.
3a. Name of Contact Person
Charlotte A. Stewart. Executive Director
Grant/Project Number or HUD
Case Number or otl�er Amount of
identification of property, Contract or
subdivisioq dwelling unit, etc. Subcontact
7a. 7b.
Contractor or
Subcontractor
TypeofTrade Business
Code RaciaUEtlmic
(See below) (See below)
7c. 7d.
0
3b. Phone Number (Including Area Code)
214-630-4796
Woman Owned Business Prime Contractor ldentification (ID)
(Yes or No) Number
7e. 7f.
No
rrsr�stzsn
7c: Type of Trade Codes:
CPD: Housing/Public Housing:
l= New Construction ]— New Construction 6= Professional
?= Education/Training 2= Substantial Rehab. 7= Tenant Services
i= OtUer 3= Repair 8= Education/Training
4= Service 9= Arch./Engrg. Appraisal
5= Proiect Ma��et. 0= ndier
Reporting Period
Oct. 1 - Sent. 30
Subcontractor
Identification (ID)
Sec. 3 Number SeC.3
7�. 7h 71.
7d: Racial/Ethnic Codes:
1 = Wl�ite Americans
2 = Black .4mericans
3 = Native Amencans
4 = Hispanic Americans
5 = Asian/Pacific .4mericans
6 = Hasidic Jews
Check if: 2. Location (City, State Zip Code)
PH 1000 Macon Street, Suite 200, Fort Worth, TX 76102-4527
IH
CPD
Housing
5. Program Code (Not applicable for CPD programs.) � 6. Da[e Su6mitted to Field Office
See explanation of Codes at bottom of Page Use a 3
separate sheet for each program code.
Contractor/Subcontractor Name and Address
7j.
Name Street
Builders 1910 Redwood Street
5: Program Codes (Complete for Housing and Public and [ndian Housing programs only):
1— All Insured, including Section8 5= Section 202
2= Flexible Subsidy 6= HUD-Held (Management)
3= Section 8 Noninsured, Non-HFDA 7= Public/India Housing
4= Insured (Management) 8= Section 811
State Zi
TX 76014
�revious editions are obsolete. fOrm HUD-2516 (8/98
CDBG 100% PSA CONTRACT 21-22 - EXHIBIT “J” – DUTIES OF THE PARTIES - USE OF NEIGHBORHOOD
SERVICES DEPARTMENT COMMUNITY CENTERS
EXHIBIT “J”
DUTIES OF THE PARTIES
USE OF NEIGHBORHOOD SERVICES DEPARTMENT
COMMUNITY CENTERS
CDBG 51% PSA CONTRACT - EXHIBIT “J” - DUTIES OF THE PARTIES - USE OF NEIGHBORHOOD SERVICES
DEPARTMENT COMMUNITY CENTERS
DUTIES OF THE PARTIES
USE OF NEIGHBORHOOD SERVICES DEPARTMENT
COMMUNITY CENTERS
Agency’s Responsibilities:
Agency will perform the following in relation with the use of Community Center:
• Agency will furnish the Center Coordinator with a schedule of Program activities at least four weeks
prior to their occurrence.
• Agency will, at its sole expense, furnish materials, supplies, copies and conduct a structured Program.
• Agency will ensure that the designated Community Center space is maintained in a neat and orderly
fashion.
• Agency will ensure that the City’s standards are maintained regarding security; cleanliness and
communication between and among programs housed at the Community Center and will ensure
cooperation with other Community Center staff and agencies/programs.
• Agency will report to the Center Coordinator or designee for problems immediately if/when problems
occur.
• Agency will work with the Center Coordinator or designee to schedule any use of the Community
Center for related activities outside of agencies designated meeting time and/or the Community
Center’s regular days and hours.
• Agency will maintain sole responsibility and liability for its employees, volunteers and separate
contractors for their actions.
• Agency shall ensure that each of its employees, volunteers and participants desiring to participate in
Community Center-sponsored programs/activities are aware of the requirement to have a current
community center membership card to participate.
• Agency agrees to perform background screenings and checks on staff and volunteers, with such
screenings and checks meeting or exceeding the requirements that the City imposes for checks and
screenings on staff, volunteers and participants in the City’s own programs.
• Agency will provide the Center Coordinator with designated staff contact information for the
purposes of emergencies (center closing, schedule changes or scheduled maintenance)
CDBG 51% PSA CONTRACT - EXHIBIT “J” - DUTIES OF THE PARTIES - USE OF NEIGHBORHOOD SERVICES
DEPARTMENT COMMUNITY CENTERS
City’s Responsibilities:
City will perform the following in relation with Agency’s use of a Community Center:
• City will provide space for conducting the Program, including basic utilities and will also supply the
Agency with appropriate facility access. For purposes of this Contract, basic utilities shall not include
telephone or computer service, which shall remain the sole responsibility of the Agency.
• City will ensure that the reserved space is set up with appropriate tables and chairs to accommodate
program and/or services.
• City will not be responsible for any additional security other than what is currently available at the
Community Center.
• City assumes no liability or responsibility for the loss of any personal property or office contents of
the Agency, its agents, employees, volunteers, participants or licensees while at the Community
Center.
• City will allow the Agency to conduct properly scheduled classes and other Program related activities
during the days and hours specified in Exhibit “A” PROGRAM SUMMARY*. In addition, City
may, but is not required, through the Center Coordinator, allow Agency to schedule other classes and
Program related activities outside of the days and hours specified in Exhibit “A” PROGRAM
SUMMARY.
• City will maintain sole responsibility and liability for its employees, volunteers and separate
contractors for their actions.
• City will have the discretion to put the Agency in any available room. If placed in a different location,
it is to be only one room.
*The City is closed in observance of the following holidays:
New Year’s Day (January 1st)
M.L.K. Jr. Day (Third Monday of January)
Memorial Day (Last Monday in May)
Independence Day (July 4th)
Labor Day (First Monday in September)
Thanksgiving Day (Fourth Thursday of November)
Day after Thanksgiving (Fourth Friday in November)
Christmas Day (December 25th)
**City of Fort Worth observes the above holidays on Friday if they fall on Saturday and on a Monday if they fall on
Sunday.
Additionally, the Community Centers are utilized as shelters during an emergency. If the Community
Center will be closed due to an emergency, Center Coordinator or designee will inform Agency of the
closure.
CDBG 100% PSA CONTRACT21-22- EXHIBIT “K” - NOTICE OF BENEFICIARY RIGHTS
Rehabilitation, Education and Advocacy for Persons with Handicaps, dba REACH, Inc.
EXHIBIT “K”
NOTICE OF BENEFICIARY RIGHTS
CDBG 100% PSA CONTRACT21-22- EXHIBIT “K” - NOTICE OF BENEFICIARY RIGHTS
Rehabilitation, Education and Advocacy for Persons with Handicaps, dba REACH, Inc.
Notice of Beneficiary Rights
Name of Agency: Rehabilitation, Education and Advocacy for Persons with Handicaps, dba
REACH, Inc.
Name of Program: Project Ramp
Contact information for Program Staff (name, phone number, and e-mail address, if appropriate):
Because this program is supported in whole or in part by direct Federal financial assistance from
the Federal Government, we are required to let you know that:
• We may not discriminate against you on the basis of religion, religious belief, a refusal
to hold a religious belief, or a refusal to attend or participate in a religious practice;
• We may not require you to attend or participate in any explicitly religious activities that
are offered by us and any participation by you in these activities must be purely
voluntary;
• We must separate, in time or location, any privately funded explicitly religious activities
from activities supported by direct Federal financial assistance;
• If you object to the religious character of our organization, we must make reasonable
efforts to identify and refer you to an alternative provider to which you have no such
objection; and
• You may report an organization's violations of these protections, including any denial of
services or benefits, by contacting or filing a written complaint to HUD [or the
intermediary, if applicable].
We must give you this written notice before you enroll in our program or activity, as required by
24 CFR 5.109.
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 08/03/21 M&C FILE NUMBER: M&C 21-0522
LOG NAME: 19NS 2021-2022 ACTION PLAN
SUBJECT
(ALL) Conduct Public Hearing and Approve the City's 2021-2022 Annual Action Plan for the Use of Federal Grant Funds in the Amount of
$13,070,952.00 to be Awarded by the United States Department of Housing and Urban Development from the Community Development Block
Grant, HOME Investment Partnerships Program, Emergency Solutions Grant, and Housing Opportunities for Persons with AIDS Programs,
Authorize Collection and Use of Program Income, Authorize Execution of Related Contracts, Authorize the Use of Fee Waivers as HOME Match,
Adopt Attached Appropriation Ordinance, and Authorize Waiver of Indirect Costs
(PUBLIC HEARING - a. Report of City Staff: Sharon Burkley; b. Public Presentations; c. Council Action: Close Public Hearing and Act on the
M&C)
RECOMMENDATION:
It is recommended that City Council:
1. Conduct a public hearing to allow citizen input and consideration of the City's 2021-2022 Annual Action Plan for use of federal grant funds to
be awarded by the United States Department of Housing and Urban Development in the amount of $13,070,952.00 from the Community
Development Block Grant, HOME Investment Partnerships Program, Emergency Solutions Grant, and Housing Opportunities for Persons
with AIDS grant programs, and for the use of program income from activities using prior years' federal grant funds;
2. Approve the City's 2021-2022 Annual Action Plan for submission to the United States Department of Housing and Urban Development,
including allocations of grant funds to particular programs and activities as detailed below;
3. Authorize the collection and use of an estimated $75,000.00 of program income which is expected to result from activities using prior years'
Community Development Block Grant funds for the City's Priority Repair Program;
4. Authorize the collection and use of an estimated $75,000.00 of program income which is expected to result from activities using prior years'
HOME Investment Partnerships Program grant funds for the City's Homebuyer Assistance Program, and authorize the use of 10 percent of
the program income for administrative costs;
5. Authorize the City Manager or his designee to execute contracts for one year terms with the agencies listed in Tables 1, 2, and 3 below for
Program Year 2021-2022 for Community Development Block Grant, Emergency Solutions Grant, and Housing Opportunities for Persons
with AIDS grant funds, contingent upon receipt of funding, and satisfactory completion of all federal regulatory requirements;
6. Authorize the City Manager or his designee to extend the contracts for up to one year if an agency or department requests an extension and
such extension is necessary for completion of the program, or to amend the contracts if necessary to achieve program goals provided any
amendment is within the scope of the program and in compliance with City policies and all applicable laws and regulations governing the use
of federal grant funds;
7. Adopt the attached Appropriation Ordinance increasing the estimated receipts and appropriations to the Grants Operating Federal Fund in
the total amount of $13,070,952.00 consisting of $7,477,274.00 in Community Development Block Grant funds, $2,907,320.00 in HOME
Investment Partnerships Program grant funds, $632,124.00 in Emergency Solutions Grant funds, and $1,904,234.00 in Housing
Opportunities for Persons with AIDS grant funds, plus estimated program income in the amount of $150,000.00, all subject to receipt of such
funds; and
8. Authorize a waiver of the Neighborhood Services Department indirect cost rate of 18.73%, estimated total of $303,276.16.
DISCUSSION:
The City's 2021-2022 Annual Action Plan summarizes the major housing and community development activities and proposed expenditures for the
program year beginning October 1, 2021 and ending September 30, 2022 for use of federal grant funds totaling $13,070,952.00 from the United
States Department of Housing and Urban Development (HUD) from the Community Development Block Grant (CDBG), HOME Investment
Partnerships Program (HOME), Emergency Solutions Grant (ESG), and Housing Opportunities for Persons with AIDS (HOPWA) grant programs.
It also summarizes the use of program income resulting from activities using prior years' CDBG and HOME funds, the primary purpose of which is
to benefit low-and moderate-income persons in Fort Worth. ESG funds primarily benefit homeless persons, and HOPWA funds primarily benefit
low- and moderate-income persons with HIV/AIDS.
Staff developed initial recommendations for the allocation of the estimated funding from HUD based on prior years' funding levels. Two public
hearings were held on April 14, 2021 and May 12, 2021 to provide citizens the opportunity to participate in the development of the Annual Action
Plan. Recommendations for award amounts were considered and adopted by the Community Development Council on May 12, 2021. These
funding recommendations were presented in City Council Work Session on June 22, 2021.
A 30-day public comment period was held from July 1, 2021 to July 30, 2021. Notice of this public comment period was published in the Wise
County Messenger and Glen Rose Reporter on June 25, 2021; in the Cleburne Times-Review, Hood County News, and Weatherford Democrat
on June 26, 2021; in the Fort Worth Star-Telegram on June 27, 2021; and in La Vida News on July 1, 2021.
TABLE 1: CDBG AGENCIES
Any comments received are maintained by the Neighborhood Services Department in accordance with federal regulations. The City held two
public hearings as part of the HUD required citizen participation process. The first public hearing was held by staff on July 14, 2021, and the
second public hearing is scheduled for the City Council meeting on August 3, 2021.
A summary of staff's final funding recommendations is provided below and in Tables 1, 2, and 3. A spreadsheet of funding recommendations is
also attached. The 2021-2022 Annual Action Plan will be submitted to HUD by August 15, 2021.
Indirect costs totaling approximately $354,132.42 could be charged to these grants, as the Neighborhood Services Department indirect cost rate
is 18.73% in the City's most recent Cost Allocation Plan. A waiver of these costs is requested to allow allocation of these funds to further support
the programs and services to assist low-to-moderate income citizens.
COMMUNITY DEVELOPMENT BLOCK GRANT
For Program Year 2021-2022, it is recommended that the amount of $7,477,274.00 in CDBG funds and an estimated amount of $75,000.00 in
CDBG program income totaling $7,522,274.00 be allocated as follows:
Public Services - $1,121,591.00: Includes social services for low- and moderate-income persons, persons with disabilities, and
disadvantaged persons
Housing Programs - $2,848,219.00: Includes funding for the City's Priority Repair Program, Cowtown Brush-Up, homebuyer and housing
services, accessibility modifications for seniors and persons with disabilities, and related project delivery costs for these programs
Major Projects - $2,012,009.00: Includes funding for Southside Community Center improvements, Bunche Park improvements, and
Street/Sidewalk improvements
Administration - $1,495,455.00: Includes costs for administering the CDBG grant, including allocations for the Financial Management
Services and Development Services Departments
Estimated Program Income - $75,000.00: Includes up to $75,000.00 in funding for the City's Priority Repair Program. Any CDBG program
income over the estimated amount not used for the Priority Repair Program will be allocated to priority activities in the City's Consolidated
Plan, subject to City Council approval.
HOME INVESTMENT PARTNERSHIPS PROGRAM
For Program Year 2021-2022, it is recommended that the amount of $2,907,320.00 in HOME funds and an estimated amount of $75,000.00 in
HOME program income totaling $2,982,320.00 be allocated as follows:
Homebuyer Assistance Program - $500,000.00: Includes funding for down payment and closing cost assistance for low- and moderate-
income homebuyer
Community Housing Development Organizations - $1,116,588.00: HUD requires that a minimum of 15 percent of HOME funds be allocated
to Community Housing Development Organizations (CHDOs) for affordable housing projects. These funds will be used by Housing Channel
for a multifamily rental demolition/reconstruction project in the Polytechnic neighborhood. The City is also authorized by HUD to fund CHDO
operating costs to support community-based affordable housing development. These funds for operating costs will be used by Housing
Channel to support completion of the multifamily rental demolition/reconstruction project. All housing developed with these funds will be sold
to homebuyers making at or below 80 percent of area median income (AMI), set by HUD.
Major Projects - $1,000,000.00: Includes funds allocated to the multifamily project to be developed by Fort Worth Housing Solutions (FWHS)
as a part of its Choice Neighborhood Initiative (CNI) grant.
Administration - $290,732.00: Includes costs for administering the HOME grant
Estimated Program Income - $75,000.00: Includes funding for the Homebuyer Assistance Program and HOME grant administrative costs.
HUD allows the City to use 10 percent of any HOME program income towards the cost of administering the HOME grant. HOME program
income over the estimated amount not used for the Homebuyer Assistance Program will be allocated to priority activities in the City's
Consolidated Plan, subject to City Council approval.
HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS
For Program Year 2021-2022, it is recommended that the amount of $1,904,234.00 in HOPWA funds be allocated as follows:
Public Service Agencies - $1,148,627.00
Neighborhood Services Department/Community Action Partners - $698,480.00
Administration - $57,127.00
EMERGENCY SOLUTIONS GRANT
For Program Year 2021-2022, it is recommended that the amount of $632,124.00 in ESG funds be allocated as follows:
Public Service Agencies - $584,715.00
Administration - $47,409.00
CONTRACT RECOMMENDATIONS
The Community Development Council and Neighborhood Services Department staff recommend that contracts be executed with the listed
agencies for the amounts shown in the following tables.
Community Development Block Grant Contracts
AGENCY PROGRAM AMOUNT
AB Christian Learning Center After School Tutoring $85,000.00
AB Christian Learning Center Summer Reading Program $65,303.00
Artes de la Rosa Artes Academy $60,000.00
Big Brothers Big Sisters Lone Star Mentor 2.0 @ Young Men's Leadership
Academy $50,000.00
Big Brothers Big Sisters Lone Star Mentor 2.0 @ Young Women's Leadership
Academy $50,000.00
Boys & Girls Clubs of Greater Tarrant County, Inc.After School Program $60,000.00
United Community Centers, Inc.Educational Enrichment $100,000.00
Family Pathfinders of Tarrant County Financial Capability Program $50,000.00
The Ladder Alliance Computer Skills Training $70,000.00
Housing Channel Homebuyer Education and Housing
Counseling Services $125,000.00
Meals-On-Wheels, Inc. of Tarrant County Home-Delivered Meals $116,288.00
Guardianship Services, Inc.Financial Exploitation Prevention Center $70,000.00
The Presbyterian Night Shelter of Tarrant County,
Inc.Case Management for Homeless $145,000.00
The Salvation Army Red Shield Emergency Shelter $75,000.00
CDBG Public Service Agencies Total $1,121,591.00
Rehabilitation, Education and Advocacy for
Citizens with Handicaps DBA REACH, Inc.
Accessibility Improvements for Low
Income Residents $115,000.00
Fort Worth Area Habitat for Humanity, Inc. DBA
Trinity Habitat for Humanity Cowtown Brush Up Paint Program $455,000.00
Fort Worth Area Habitat for Humanity, Inc. DBA
Trinity Habitat for Humanity
Preserve-A-Home Program (Como
Neighborhood Improvement Strategy)$400,000.00
CDBG Subrecipient Agencies Total $970,000.00
TOTAL CDBG CONTRACTS $2,091,591.00
TABLE 2: HOPWA AGENCIES
AGENCY PROGRAM AMOUNT
Tarrant County
Samaritan Housing, Inc.
Supportive Services; Facility-Based Housing Operations; Tenant-
Based Rental Assistance; Administration $845,765.00
AIDS Outreach Center,
Inc.*
Short-Term Rent, Mortgage, and Utility Assistance; Supportive
Services; Administration $302,862.00
TOTAL HOPWA CONTRACTS $1,148,627.00
Housing Opportunities for Persons With AIDS Contracts
*The City has identified a potential conflict of interest under the HOPWA Regulations related to this award and is in the process of seeking a
waiver of the conflict of interest from HUD. A contract will not be executed with AIDS Outreach Center, Inc. unless and until the City receives
approval from HUD. In the event the City does not receive approval, an amended Action Plan will be submitted, as necessary, to address the
reallocation of the funds.
Emergency Solutions Grant Contracts
TABLE 3: ESG AGENCIES
AGENCY PROGRAM AMOUNT
The Presbyterian Night Shelter of Tarrant County, Inc.Shelter Operations/Services $130,315.00
Lighthouse for the Homeless DBA True Worth Place Shelter Operations/Services $177,000.00
The Salvation Army Homelessness Prevention $106,440.00
Center for Transforming Lives Rapid Re-Housing $100,000.00
SafeHaven of Tarrant County Shelter Operations/Services $70,960.00
TOTAL ESG CONTRACTS $584,715.00
All figures have been rounded to the nearest dollar for presentation purposes. These programs are available in ALL COUNCIL DISTRICTS.
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds
will be available in the current operating budget, as appropriated, in the Grants Operating Federal Fund. The Neighborhood Services Department
(and Financial Management Services) will be responsible for the collection and deposit of funds due to the City. Prior to an expenditure being
incurred, the Neighborhood Services Department has the responsibility to validate the availability of funds. This is a reimbursement grant.
Submitted for City Manager's Office by: Fernando Costa 6122
Originating Business Unit Head:Victor Turner 8187
Additional Information Contact:Sharon Burkley 5785
Sean Stanton 5811