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HomeMy WebLinkAboutContract 46155 CITY SECRETARY. CONTRACT NO. STATE OF TEXAS § COUNTY OF TARRANT § This contract ("Contract") is made and entered into by and between the City of Fort Worth (hereafter "City") and Child Care Associates (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-14-MC-48-0010, Catalog of Federal Domestic Assistance No. 14.218; WHEREAS, a national objective of the CDBG program is to benefit benefit low and moderate income citizens in accordance with 24 CFR Part 570.200 (a)(2); WHEREAS, Agency submitted a proposal to use CDBG funds for an eligible program under the CDBG Regulations whereby Agency will provide services to low and moderate income City citizens; 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 2014 income limits are attached hereto as Exhibit"A-1"—2014 HUD Income Limits. Business Diversity Enterprise Ordinance or BDE means the City's Business Diversity Ordinance, Ordinance No. 20020-12-2011. CDBG means Community Development Block Grant. CDBG PSA CONTRACT 2014-2015 881 [1 Gf' AV W NIC1011 pl%�„ 1 Child Care Associates i MWV, I RECEIVED NOV 17 2014 Complete Documentation means the following documentation as applicable: • Attachments I,II,and III, with supporting documentation including: • Proof of expense: copies of timesheets, invoices, leases, service contracts or other documentation showing that payment is due by Agency. • Proof of payment: cancelled checks, bank statements, or wire transfers necessary to demonstrate that amounts due by Agency were actually paid by Agency. • Proof of client eligibility: (i) Source Documentation sufficient to show that clients participating in the Program are CDBG Eligible Clients; or (ii) documentation other than Source Documentation to show that clients served by the Program are CDBG Eligible Clients. • 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 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 verified by either Source Documentation or the form in Exhibit "E" - Form of Income Self-Certification. Agencies Serving 100% Clientele must follow the requirements set forth in Section 6.1.3. 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. DBE means disadvantaged business enterprise in accordance with 49 CFR Part 26. Director means the Director of the City's Housing and Economic Development Department. Effective Date means October 1,2014. HED Department means the City's Housing and Economic Development Department. HUD means the United States Department of Housing and Urban Development. IDIS means HUD's Integrated Disbursement Information System. National Objective means at least 51% of the clients served under this Contract must have incomes at or below 80 % of AMI in accordance with 24 CFR 570.208(a)(2). Program means the services described in Exhibit "A"—Program Summary. CDBG PSA CONTRACT 2014-2015 2 Child Care Associates Reimbursement Request means all reports and other documentation described in Section 9. Source Documentation means any documentation allowed under the definition of annual income in 24 CFR Part 5.609. Unduplicated Clients means a count of CDBG Eligible Clients served once in the Contract Term. CDBG Eligible Clients served more than once in the Contract Term will only be counted once when determining the number of Unduplicated Clients. 3. TERM. The term of this Contract begins on October 1, 2014 and terminates on September 30, 2015 unless earlier terminated as provided in this Contract. 4. DUTIES AND RESPONSIBILITIES OF CITY. 4.1 Provide CDBG Funds. City shall provide up to Fifty Thousand and 00/100 Dollars ($50,000.00) of CDBG Funds under the terms and conditions herein. 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. 5. DUTIES AND RESPONSIBILITIES OF AGENCY. 5.1 Required Services. Agency shall perform the services described in Exhibit"A"—Program Summary in accordance with the terms and conditions of this Contract. 5.2 Use of CDBG Funds. 5.2.1. Compliance with CDBG Regulations and Contract. Agency shall be reimbursed for eligible Program costs with CDBG Funds only if City determines in its sole discretion that: 5.2.1.1 Costs are eligible expenditures in accordance with CDBG Regulations. 5.2.1.2 Costs are in compliance with this Contract and are reasonable and consistent with industry norms. 5.2.1.3 Complete Documentation is submitted to City by Agency. CDBG PSA CONTRACT 2014-2015 3 Child Care Associates 5.2.2 Budget. 5.2.2.1 Agency agrees that 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 such requests 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 Budget amendment (as approved, the "Amended Budget"), then the Amended Budget will take effect on the first day of the month following the month in which it was approved by Director, unless otherwise specified in the amendment. All requests for Budget amendments must be submitted by June 1, 2015. 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 funds available under this Contract to supplement rather than supplant funds otherwise available for use in the Program. 5.2.4 Payment of CDBG Funds to Agency. CDBG Funds will be disbursed to Agency upon City's approval of Agency's written and signed 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 20, 2015, 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 Reimbursement Requests with an invoiced amount of$0. It is expressly agreed by the Parties that any CDBG Funds either not spent or not approved for reimbursement to Agency shall remain with City. CDBG PSA CONTRACT 2014-2015 4 Child Care Associates 5.3 Program Performance Milestones. 5.3.1 Agency warrants and represents that the Program will achieve the following milestones: Unduplicated Clients as specified in Exhibit"A" Month Expenditures —Program Summary 3 27.27% 27.27% 6 54.54% 54.54% 8 72.72% 72.72% 11 1 100% 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 delay or withhold payment of Reimbursement Requests, to lower Agency's allocation of CDBG Funds, or to terminate this Contract. 5.3.3 Failure to meet at least 80% of its performance milestones or serve 25 Unduplicated Clients under this Contract will automatically disqualify Agency for consideration under the City's Request for Proposals for the 2016-2017 Program Year for Federal grant funds. 5.3.4 Amendments to performance milestones must be approved by the Director in writing, with such approval being in the Director's sole discretion. If Director approves the Agency's proposed amended performance milestones (as approved, the "Amended Performance Milestones"), then the Amended Performance Milestones will take effect on the first day of the month following the month in which it was approved by Director, unless otherwise specified in the amendment. All requests for amendments to performance milestones must be submitted by June 1, 2015. Notwithstanding the above, any amendments to performance milestones shall not reduce the numbers for serving 25 Unduplicated Clients stated in Section 5.3.3. 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 Obiective. Agency certifies that the activities carried out under the Program and this Contract will meet the National Objective. CDBG PSA CONTRACT 2014-2015 5 Child Care Associates 6. CLIENT ELIGIBILITY VERIFICATION. 6.1 Client Eligibility. Agency will document the eligibility of all prospective clients. Agency will document client eligibility using the specific method described below in Section 6.1.3 that is applicable to Agency and its Program. All other subsections of this Section 6.1 are not applicable to Agency. 6.1.1 Agencies Serving a Presumed Benefit Clientele. Agency must document that all clients served fall under a"presumed benefit" category as defined in 24 CFR Part 570. Relevant categories of presumed benefit are: severely disabled adults, homeless persons, abused or neglected children and youth or elderly persons. Eligible forms of documentation include: 6.1.1.1 Severely Disabled Adults. Written, signed and dated diagnosis from a licensed medical professional. As an acceptable alternative, Agency may use the form attached hereto as Exhibit"H"—Severely Disabled Certification Form. 6.1.1.2 Homeless Persons. Written, signed and dated certification from an outreach worker. 6.1.1.3 Abused or Neglected Children and Youth. Written, signed and dated certification from an outreach worker. 6.1.1.4 Elderly Persons. A birth certificate, driver's license, passport, immigration card, military identification, or any other state, local, national or international documentation, provided it contains current information about the age or birth of the possessor. The form in Exhibit "E" — Form of Income Self Certification also requires that potential clients list their age and certify the validity of the information provided. This may be sufficient but should only be used as a last resort with an explanation in the file case notes indicating why the formal forms of verification were not available. An elderly person is defined as being at least 62 years of age. 6.1.2 Agencies Serving a General Clientele. Agency must verify all new clients' income eligibility with either Source Documentation or the form attached as Exhibit "E" — Form of Income Self Certification. Agency must use the annual income definition in 24 CFR Part 5.609 to establish client income eligibility and must use the most current HUD Income Guidelines. All clients' income must be documented, but only 51% of clients must meet income eligibility requirements described in 24 CFR Part 5.609. CDBG PSA CONTRACT 2014-2015 6 Child Care Associates 6.1.3 Auencies Serving 100% Clientele. Agency must verify income eligibility of all Unduplicated Clients with Source Documentation. Source Documentation must be collected and maintained in Agency files even if Agency reports income eligibility using the form attached as Exhibit "E" —Form of Income Self Certification. 6.2 Submission of Complete Documentation. Agency must submit copies of all eligibility verification documentation described in Section 6.1 with Attachment III in each month's Reimbursement Request for all Unduplicated Clients served for the first time, and must maintain copies of such documentation as required under 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 completed an environmental review 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 ConstitutinLy 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 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 2014-2015 Action Plan, and (iii)receipt by City of a grant agreement from HUD. 7.3 Monitoring. 7.3.1 Agency understands and agrees that City will monitor the adequacy and timeliness of Agency's performance under the terms of this Contract as well as its compliance with the CDBG Regulations. Agency is subject to such monitoring during the term of this Contract and for 5 years after the Contract term ends. Agency will provide reports and access to Program files as requested by City during this 5 year period. For purposes of this Contract, this 5 year period for monitoring is deemed to begin on October 1, 2015 and end on September 30, 2020 regardless of whether or not this Contract is earlier terminated. 7.3.2 Representatives of City, HUD, and the United States Comptroller General shall have access during regular business hours, upon 48 hours prior notice, to Agency's offices and CDBG PSA CONTRACT 2014-2015 7 Child Care Associates records pertaining to the use of the CDBG Funds, and to Agency's officers, directors, agents, employees, contractors, subcontractors and vendors for the purpose of such monitoring. 7.3.3 In addition to other provisions of this Contract regarding frequency of monitoring, City reserves the right to perform desk reviews or on-site monitoring of Agency's compliance with the terms and conditions of this Contract. City shall provide Agency with a written report of the monitor's findings after each monitoring visit. If the monitoring report notes deficiencies in Agency's performance, the report shall include requirements for the timely correction of said deficiencies by Agency. Failure by Agency to take the action specified in the monitoring report may be cause for suspension or termination of this Contract as provided herein. 7.3.4 This Section 7.3 shall be applicable for the Contract term and for 5 years thereafter and shall survive the earlier termination or expiration of this Contract. 7.4 Agency Procurement Standards. Agency shall comply with all applicable Federal, state and local laws, regulations, and ordinances for making procurements under this Contract. Agency shall establish procurement procedures to ensure that materials and services are obtained in a cost effective manner. When procuring services to be provided under this Contract, Agency shall comply at a minimum with the procurement standards at 24 CFR Part 84.40 through 24 CFR Part 84.48. 7.5 Cost Principles/Cost Reasonableness. Agency shall administer its use of CDBG Funds in compliance with OMB Circular A-122, "Cost Principles for Non-Profit Organizations", as amended from time to time. The eligibility of costs incurred for performance rendered shall be determined in accordance with OMB Circular A-122 as supplemented by the provisions of this Contract. 7.6 AccountinLy Standards. Agency agrees to comply with OMB Circular A-110, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and other Non-Profit Organizations", and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary supporting and back-up documentation for all costs incurred. 7.7 Uniform Administrative Requirements. Agency will comply with the Uniform Administrative Requirements set forth in 24 CFR Part 57.502 or any reasonably equivalent procedures and requirements that City may require. 7.8 Terms Applicable to Contractors, Subcontractors and Vendors. Agency understands and agrees that all terms of this Contract, whether regulatory or otherwise, shall apply to any and all contractors, subcontractors and vendors of Agency which are in any way paid with CDBG Funds or who perform any work in connection with the Program. Agency shall cause all applicable provisions of this Contract to be included in and made a part of any contract or subcontract executed in the performance of its obligations hereunder including its obligations regarding the CDBG Regulations. Agency shall monitor the services and work performed by its contractors, subcontractors and vendors on a regular basis for CDBG PSA CONTRACT 2014-2015 8 Child Care Associates 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. 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. 8. RECORD KEEPING; REPORTING AND DOCUMENTATION REQUIREMENTS; AUDIT. 8.1 Record Keeping. Agency shall maintain a record-keeping system as part of its performance of this Contract and shall promptly provide City with copies of any document City deems necessary for the effective fulfillment of City's monitoring and evaluation responsibilities. Specifically, Agency will keep or cause to be kept an accurate record of all actions taken and all funds spent, with supporting and back-up documentation. Agency will maintain all records and documentation related to this Contract for 5 years after the Contract term ends. If any claim, litigation, or audit is initiated before the expiration of the 5 year period, the relevant records and documentation must be retained until all such claims, litigation or audits have been resolved. For purposes of this Contract, this 5 year period for record retention is deemed to begin on October 1, 2015 and end on September 30, 2020 regardless of whether or not this Contract is earlier terminated. 8.2 Access to Records. Representatives of City, HUD and any duly authorized officials of the Federal government will have full access to, and the right to examine, audit, copy, excerpt and/or transcribe any of Agency's records pertaining to all matters covered by this Contract for 5 years after the Contract term ends. Such access shall be during regular business hours and upon at least 48 hours prior notice. For purposes of this Contract, this 5 year period for access to records is deemed to begin on October 1, 2015 and end on September 30, 2020 regardless of whether or not this Contract is earlier terminated. 8.3 Reports. Agency will submit to City all reports and documentation described in this Contract in such form as City may prescribe. Agency may also be required to submit a final performance and/or final financial report if required by City at the termination of this Contract in such form and within such times as City may prescribe. Failure to submit to City any report or documentation described in this Contract shall be an event of default of this Contract and City may exercise all of its remedies for default under this Contract. CDBG PSA CONTRACT 2014-2015 9 Child Care Associates 8.3.1 Additional Information. Agency shall provide City with additional information as may be required by state or Federal agencies to substantiate Program activities and/or expenditure eligibility. 8.4 Change in Reporting Requirements and Forms. City retains the right to change reporting requirements and forms at its discretion. City will notify Agency in writing at least 15 days prior to the effective date of such change, and the Parties shall execute an amendment to the Contract reflecting such change if necessary. 8.5 Audit. 8.5.1 Entities that Expend $500,000 or more in Federal Funds Per Year. All non-federal entities that expend $500,000 or more in Federal funds within one year, regardless of the source of the Federal award, must submit to City an annual audit prepared in accordance with specific reference to OMB Circular A-133. 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 $500,000 a year in Federal funds are exempt from Federal audit requirements for that year, but records must be available for review or audit by appropriate officials of the Federal agency, City, and General Accounting Office. 8.5.2 City Reserves the Right to Audit. City reserves the right to perform an audit of Agency's Program operations and finances at any time during the term of this Contract and for 5 years after the Contract Term ends if City determines that such audit is necessary for City's compliance with the CDBG Regulations or other City policies. Agency agrees to allow access to all pertinent materials as described herein for such audit. For purposes of this Contract,this 5 year period for City audit is deemed to begin on October 1, 2015 and end on September 30, 2020 regardless of whether or not this Contract is earlier terminated. If such audit reveals a questioned practice or expenditure, such questions must be resolved within 15 business days after notice to Agency of such questioned practice or 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. CDBG PSA CONTRACT 2014-2015 10 Child Care Associates 9. REIMBURSEMENT REQUIREMENTS. 9.1 Deadline for Submitting Reimbursement Requests. 9.1.1 Reimbursement Requests shall 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, EXPENSES FOR SEPTEMBER 2015 MUST BE RECEIVED BY SEPTEMBER 20, 2015. FAILURE TO SUBMIT A FINAL REIMBURSEMENT REQUEST BY SEPTEMBER 20, 2015 WILL RESULT IN AUTOMATIC FORFEITURE OF PAYMENT OF THE SEPTEMBER REIMBURSEMENT REQUEST. 9.1.2 City will notify Agency by e-mail within 20 calendar days if a Reimbursement Request is lacking Complete Documentation or corrections are needed. Agency will have 10 business days from the date of the e-mail notice to submit any requested information or missing documentation. Agency will be penalized in the Request for Proposal for the 2015-2016 Program Year for any notifications received under this Section. If Agency fails to submit all the required information or missing documentation within 30 calendar days from the first e-mail, Agency shall forfeit any payments otherwise due that month and failure to submit any requested information will be considered an event of default as outlined in Section 10.1.2. 9.2 Agency shall provide City with Complete Documentation and the following reports as shown in Exhibit"D"—Reimbursement Forms with each Reimbursement Request: 9.2.1 Attachment I—Invoice. This report shall contain the amount requested for reimbursement each month, the cumulative reimbursement requested to date (inclusive of that month's request), and must be signed by an authorized signatory of Agency. By signing Attachment I, Agency is certifying that the costs are valid, eligible, consistent with the terms and conditions of this Contract, and the data contained in the report is true and correct. This report must be submitted even if Agency is requesting$0 for a particular month. 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 days prior to the date of the Reimbursement Request. 9.2.2.2 For non-payroll expenses, invoices for each expense listed with an CDBG PSA CONTRACT 2014-2015 11 Child Care Associates explanation as to how the invoiced expense pertains to the Program. Agency may not submit invoices dated 60 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 contain a list of all clients served during the Contract period. In order for this report to be complete the following must be submitted: 9.2.3.1 Documentation of income verification for each Unduplicated Client the first time he or she is served, which will either be the Source Documentation described in Section 6.1 or the completed form of Exhibit "E" - Form of Income Self Certification. AGENCIES SERVING 100% CLIENTELE MUST FOLLOW THE REQUIREMENTS SET FORTH IN SECTION 6.1.3. 9.2.4 Submission of Reimbursement Request. Reimbursement Requests can be mailed or deliver in person to HED Department, 908 Monroe Street, Fort Worth, Texas 76102. In addition, Agencies can submit Reimbursement Requests via email to psa(&fortworthtexas.gov but in addition Agency must submit a signed original of Attachment I and Exhibit "E"—Form of Income Self-Certification to City by the deadline in Section 9.1.1. 9.3 Withholding Payment. CITY HAS NO OBLIGATION TO MAKE PAYMENT ON ANY REIMBURSEMENT REQUEST THAT IS NOT RECEIVED BY THE DUE DATE. Failure to timely submit Reimbursement Requests and Complete Documentation along with any required reports shall be an event of default. 10. DEFAULT AND TERMINATION. 10.1 Failure to Submit Reimbursement Request or Required Documentation 10.1.1 If Agency fails to submit a Reimbursement Request in accordance with Section 9, Agency shall be in default of this Contract. City will notify Agency in writing of such default and the Agency will have 10 business days from the date of the written notice to submit such Reimbursement Request to cure the default. If Agency fails to cure the default within such time, Agency shall forfeit any payments otherwise due that month. 10.1.2 If Agency fails to submit requested information or missing documentation as set forth in Section 9.1.2, then Agency shall forfeit payment due that month and the failure to submit shall be considered an event of default that shall not be cured. CDBG PSA CONTRACT 2014-2015 12 Child Care Associates 10.1.3 NOTWITHSTANDING THE PROVISIONS OF SECTION 10.1.1 OR 10.1.2, IF AGENCY FAILS TO SUBMIT THE REIMBURSEMENT REQUEST DUE SEPTEMBER 20, 2015, OR IF THE SUBMITTED REIMBURSEMENT REQUEST FOR SEPTEMBER 20, 2015 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 AUTOMATICALLY 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 (ii) more than 2 instances of default, cured or uncured, under these Sections, City reserves the right at its sole option to terminate this Contract effective immediately upon written notice of such intent with no penalty or liability to City. 10.1.5 Notwithstanding anything to the contrary herein, City will not be required to pay any CDBG Funds to Agency during the period that any Reimbursement Request, report or documentation is past due or is not in compliance with this Contract or the CDBG Regulations, or during any period during which Agency is in default of this Contract. 10.1.6 In the event of termination under this Section 10.1, all CDBG Funds awarded but unpaid to Agency pursuant to this Contract shall be immediately forfeited and Agency shall have no further right to such funds. 10.2 Failure to Maintain Records or Submit Reports and Documentation. If Agency fails to maintain all records and documentation as required in Section 8, or if the maintained or submitted report or documentation is not in compliance with this Contract or the CDBG Regulations as determined by City in its sole discretion, City will notify Agency in writing and Agency will have 30 calendar days from the date of the written request to obtain or 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. CDBG PSA CONTRACT 2014-2015 13 Child Care Associates 10.3 In General. 10.3.1 Subject to Section 10.2, and unless specifically provided otherwise in this Contract, Agency shall be in default under this Contract if Agency breaches any term or condition of this Contract. In the event that such a breach remains uncured after 30 calendar days following written notice by City (or such other notice period as may be specified herein) or, if Agency has diligently and continuously attempted to cure following receipt of such written notice but reasonably requires more than 30 calendar days to cure, as determined by both Parties mutually and in good faith, City shall have the right to elect in City's sole discretion to (i) extend Agency's time to cure, (ii) terminate this Contract effective immediately upon written notice of such intent to Agency, or (iii) pursue any other legal remedies available to City under this Contract. 10.3.2 City's remedies may include: 10.3.2.1 Direct Agency to prepare and follow a schedule of actions for carrying out the affected activities, consisting of schedules, timetables and milestones necessary to implement the affected activities. 10.3.2.2 Direct Agency to establish and follow a management plan that assigns responsibilities for carrying out the remedial activities. 10.3.2.3 Reprogram CDBG Funds that have not yet been expended from affected activities to other eligible activities or withhold CDBG Funds. 10.3.2.4 Any other appropriate action including but not limited to any remedial action legally available such as declaratory judgment, specific performance, damages, temporary or permanent injunctions,termination of this Contract or any other contracts with Agency, and any other available remedies. 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. CDBG PSA CONTRACT 2014-2015 14 Child Care Associates 10.5 No Compensation After Date of Termination. Agency shall not receive any compensation for work undertaken after the date of the termination. 10.6 Rights of City Not Affected. Termination shall not affect or terminate any of the existing rights of City against Agency, or which may thereafter accrue because of Agency's default and this provision shall be in addition to any and all other rights and remedies available to City under the law. Such termination does not terminate any provisions of this Contract that have been expressly noted as surviving the term or termination of the Contract. No delay or omission by City in exercising any right or remedy available to it under this Contract shall impair any such right or remedy or constitute a waiver or acquiescence in any Agency default. 10.7 Waiver of Breach Not Waiver of Subsequent Breach. The waiver of a default or breach of any term, covenant, or condition of this Contract shall not operate as a waiver of any subsequent default or breach of the same or any other term, covenant or condition hereof. 10.8 Civil, Criminal and Administrative Penalties. Failure to perform all the Contract terms may result in civil, criminal or administrative penalties, including, but not limited to those set out in this Contract. 10.9 Termination for Cause. 10.9.1 City may terminate this Contract in the event of Agency's default, inability, or failure to perform subject to notice, grace and cure periods. In the event City terminates this Contract for cause, all CDBG Funds awarded but unpaid to Agency pursuant to this Contract shall be immediately rescinded and Agency shall have no further right to such funds and any CDBG Funds already paid to Agency must be repaid to City within 30 days of termination. Failure to repay such CDBG Funds within 30 days will result in City exercising all legal remedies available to City under this Contract. AGENCY ACKNOWLEDGES AND AGREES THAT IF CITY TERMINATES THIS CONTRACT FOR CAUSE, AGENCY OR ANY AFFILIATES OF AGENCY SHALL NOT BE CONSIDERED FOR ANY OTHER CITY CONTRACT FOR CDBG FUNDS FOR A MINIMUM OF 5 YEARS FROM THE DATE OF TERMINATION. 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 24 C.F.R. 85.44 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 CDBG PSA CONTRACT 2014-2015 15 Child Care Associates 10.10.2 By Agency upon at least 30 days written notification to City, setting forth the reasons for such termination, the effective date, and in the case of partial termination, the portion to be terminated. In the case of a partial termination, City may terminate the Contract in its entirety if City determines in its sole discretion that the remaining portion of the Contract to be performed or CDBG Funds to be spent will not accomplish the purposes for which the Contract was made. 10.11 Dissolution of Agency Terminates Contract. This Contract shall terminate in the event Agency is dissolved or ceases to exist. In the event of termination under this Section, all CDBG Funds are subject to repayment and/or City may exercise all of its remedies under this Contract. 10.12 Reversion of Assets. In the event this Contract is terminated with or without cause, all assets acquired by Agency with the CDBG Funds including cash, interest payments from loans or otherwise, all outstanding notes, mortgages or other security instruments, any accounts receivable attributable to the use of the CDBG Funds, and any real or personal property owned by Agency that was improved with the CDBG Funds shall automatically transfer to City or to such assignee as City may designate. 11. REPAYMENT OF CDBG FUNDS. All CDBG Funds are subject to repayment in the event the Program does not meet the requirements of this Contract or in the CDBG Regulations. If Agency takes any action that results in the City being required to repay all or any portion of the CDBG Funds to HUD, Agency agrees it will reimburse City for such repayment. If Agency takes any action that results in City receiving a finding from HUD about the Program, whether or not repayment of all or any portion of the CDBG Funds is required of City, Agency agrees it will pay City 10% of the CDBG Funds 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. If the non-profit status of Agency changes after the date of this Contract, City may but is not obligated to, terminate this Contract. City has 30 calendar days to make such determination after receipt of written notice from Agency and failure to make such determination will constitute a waiver. 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. Any CDBG Funds already paid to Agency must be repaid to City within 30 calendar days of termination under this Section. CDBG PSA CONTRACT 2014-2015 16 Child Care Associates 13. SURVIVAL. Any provision of this Contract that pertains to auditing, monitoring, client income eligibility, record keeping and reports, City ordinances, or applicable CDBG requirements, and any default and enforcement provisions necessary to enforce such provisions, shall survive the termination of this Contract for 5 years after the Contract term ends and shall be enforceable by City against Agency. For purposes of this Contract, this 5 year period for survival of certain Contract provisions is deemed to begin on October 1, 2015 and end on September 30, 2020 regardless of whether or not this Contract is earlier terminated. 14. GENERAL PROVISIONS 14.1 Agency an Independent Contractor. Agency shall operate hereunder as an independent contractor and not as an officer, agent, servant or employee of City. Agency shall have exclusive control of, and the exclusive right to control, the details of the work and services performed hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, members, agents, servants, employees, contractors, subcontractors, vendors, clients, licensees or invitees. 14.2 Doctrine of Respondeat Superior. The doctrine of respondeat superior shall not apply as between City and Agency, or its officers, members, agents, servants, employees, contractors, subcontractors, vendors, clients, licensees or invitees, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Agency. City does not have the legal right to control the details of the tasks performed hereunder by Agency, its officers, members, agents, employees, contractors, subcontractors, vendors, clients, licensees or invitees. 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. 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. CDBG PSA CONTRACT 2014-2015 17 Child Care Associates 14.6 Venue. Venue shall lie in Tarrant County, Texas for any action, whether real or asserted, at law or in equity, arising out of the execution, performance, attempted performance or non-performance of this Contract. 14.7 Governing Law. This Contract shall be governed by and construed in accordance with the laws of the State of Texas. If any action, whether real or asserted, at law or in equity, arises out of the execution, performance or non-performance of this Contract or on the basis of any provision herein, for any issue not governed by Federal law,the choice of law shall be the laws of the State of Texas. 14.8 Severability. The provisions of this Contract are severable, and if for any reason a clause, sentence, paragraph or other part of this Contract shall be determined to be invalid by a court or Federal or state agency, board or commission having jurisdiction over the subject matter thereof, such 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 CDBG PSA CONTRACT 2014-2015 18 Child Care Associates person of limited English proficiency ➢ The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. Sections 3601 et seq.) ➢ Executive Orders 11063, 11246 as amended by 11375 and 12086 and as supplemented by Department of Labor regulations 41 CFR Part 60 ➢ The Age Discrimination in Employment Act of 1967 ➢ The Age Discrimination Act of 1975 (42 U.S.C. Sections 6101 et seq.) ➢ The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. Sections 4601 et seq. and 49 CFR Part 24) ("URA") ➢ Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. Sections 794 et seq.) and 24 CFR Part 8 where applicable ➢ National Environmental Policy Act of 1969, as amended, 42 U.S.C. Sections 4321 et seq. ("NEPA")and the related authorities listed in 24 CFR Part 58. ➢ The Clean Air Act, as amended, (42 U.S.C. Sections 1251 et seq.) and the Clean Water Act of 1977, as amended (33 U.S.C. Sections 1251 et seq.) and the related Executive Order 11738. 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 Administration Requirements of 24 CFR Part 85 CDBG PSA CONTRACT 2014-2015 19 Child Care Associates 14.11 HUD-Assisted Proiects and Employment and other Economic Opportunities; Section 3 Requirements. 14.11.1 Requirement that Law Be Quoted in Covered Contracts. — Certain Requirements Pertaining to Section 3 of the Housing and Urban Development Act of 1968 as Amended (12 U.S.C. Sections 1701 et seq.) and its Related Regulations at 24 CFR Part 135. If the Program results in the creation of new employment, training, or contracting opportunities on a contractor or subcontractor level resulting from the expenditure of the CDBG Funds, Agency shall comply with the following and will ensure that its contractors also comply. If the work performed under this Contract is on a project assisted under a program providing direct Federal financial assistance from HUD, Section 3 of 24 CFR 135.38 ("Section 3") requires that the following clause, shown in italics, be inserted in all covered contracts ("Section 3 Clause"): Section to be quoted in covered contracts begins: "A. The work to be performed under this contract is subject to the requirements of Section 3 of Housing and Urban Development Act of 1968, as amended, 12 U.S.C. section 1701u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assisted or HUD-assisted programs covered by Section 3, shall to the greatest extent feasible, be directed to low- and very-low income persons, particularly persons who are recipients of HUD assistance for housing. B. The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. C. The contractor agrees to send to each labor organization or representative of workers with which it has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representatives of the contractor's commitments under this Section 3 clause and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprentice and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The contractor agrees that it will include this Section 3 clause in every subcontract to comply with regulation in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The contractor will not subcontract with any subcontractor where it has notice or knowledge that the subcontractor has been CDBG PSA CONTRACT 2014-2015 20 Child Care Associates found in violation of regulations in 24 CFR Part 135. E. The contractor will certify that any vacant employment positions, including training positions that are filed: (1) after the contractor is selected but before the contract is executed, and(2) with persons other than those to whom the regulations of 24 CFR Part 135. The contractor will not subcontract with any subcontractor where it has notice or knowledge that the subcontractor has been found in violation of regulations in 24 CFR 135. F. Noncompliance with HUD's regulation in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. G. With respect to work performed in connection with Section 3 covered Indian housing assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. Section 450e) also applies to the work to be performed under this Contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii)preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and Section 79b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with Section 7(b). " Section to be quoted in covered contracts ends. 14.11.2 Agency Responsibilities for Section 3 Requirements. City and Agency understand and agree that compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of HUD shall be a condition of the Federal financial assistance provided to the Program binding upon City and Agency and their respective successors, assigns, contractors and subcontractors. Failure to fulfill these requirements shall subject Agency and its contractors and subcontractors and their respective successors and assigns to those sanctions specified by the grant agreement through which Federal assistance is provided and to such sanctions as are specified by 24 CFR Part 135. Agency's responsibilities include: 14.11.2.1 Implementing procedures to notify Section 3 residents and business concerns about training, employment, and contracting opportunities generated by Section 3 covered assistance; 14.11.2.2 Notifying potential contractors working on Section 3 covered projects of their responsibilities; 14.11.2.3 Facilitating the training and employment of Section 3 residents and the award of contracts to Section 3 business concerns; 14.11.2.4 Assisting and actively cooperating with the HED Department in making contractors and subcontractors comply; 14.11.2.5 Refraining from entering into contracts with contractors that are in CDBG PSA CONTRACT 2014-2015 21 Child Care Associates violation of Section 3 regulations; 14.11.2.6 Documenting actions taken to comply with Section 3; and 14.11.2.7 Submitting Section 3 Annual Summary Reports (Form HUD- 60002) in accordance with 24 CFR Part 135.90. 14.11.3 Section 3 Reporting Requirements. In order to comply with the Section 3 requirements, Agency must submit the forms attached hereto as Exhibit"G" - Section 3 Reporting Forms. 14.11.3.1 Report to the City on a quarterly basis all applicants for employment, and all applicants for employment by contractor and subcontractor. This shall include name, address, zip code, date of application, and status (hired/not hired) as of the date of the report. 14.11.3.2 Advertise available positions to the public for open competition, and provide documentation to City with the quarterly report that demonstrates such open advertisement in the form of printout of Texas Workforce Commission posting, copy of newspaper advertisement, copy of flyers and listing of locations where flyers were distributed, and the like. 14.11.3.3 Report to the City on a quarterly basis all contracts awarded by contractor and subcontractor. This shall include name of contractor and/or subcontractor, address, zip code, and amount of award as of the date of the report. 14.12 Prohibition Against Discrimination. 14.12.1 General Statement. Agency shall comply in the execution, performance or attempted performance of this Contract, with all non-discrimination requirements of 24 CFR 570.607 and Chapter 17, Article IIl, Division 4 — Fair Housing of the City Code. Agency may not discriminate against any person because of race, color, sex, gender, religion, national origin, familial status, disability or perceived disability, sexual orientation, gender identity, gender expression, or transgender, nor will Agency permit its officers, members, agents, employees, or clients to engage in such discrimination. This Contract is made and entered into with reference specifically to Chapter 17, Article III, Division 3 - Employment Practices of the City Code, and Agency hereby covenants and agrees that Agency, its officers, members, agents, employees and contractors, have fully complied with all provisions of same and that no employee, or applicant for employment has been discriminated against under the terms of such ordinances by either or its officers, members, agents, employees or contractors. CDBG PSA CONTRACT 2014-2015 22 Child Care Associates 14.12.2 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. 14.12.3 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, CDBG PSA CONTRACT 2014-2015 23 Child Care Associates 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. 14.13. Prohibition Against Interest/Conflict of Interest. 14.13.1 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. 14.13.2 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, unless they are accepted in accordance with the procedures set forth at 24 CFR 570.611. 14.13.3 Agency affirms that it will adhere to the provisions of the Texas Penal Code which prohibits bribery and gifts to public servants. 14.13.4 The conflict of interest provisions of 24 CFR Part 85.36 and 24 CFR Part 84.42, respectively, shall apply in the procurement of property and services by Agency. In all cases not governed by those Sections, the provisions of 24 CFR 570.611 of the CDBG Regulations shall apply. 14.14 Subcontracting with Small and Minority Firms, Women's Business Enterprises and Labor Surplus Areas. 14.14.1 For procurement contracts $50,000.00 or larger Agency agrees to abide by City's policy to involve Minority Business Enterprises and Small Business Enterprises and to provide them equal opportunity to compete for contracts for construction, provision of professional services, purchase of equipment and supplies and provision of other services required by City. Agency agrees to incorporate the City's BDE Ordinance, and all amendments or successor policies or ordinances thereto, into all contracts and subcontracts for procurement CDBG PSA CONTRACT 2014-2015 24 Child Care Associates larger than $50,000.00 or larger and will further require all persons or entities with which it so contracts to comply with said ordinance. 14.14.2 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 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. 14.16 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. 14.17. 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. 14.18 Force Maieure If Agency becomes unable, either in whole or part, to fulfill its obligations under this Contract due to acts of God, strikes, lockouts, or other industrial disturbances, acts of public enemies, wars, blockades, insurrections, riots, epidemics, earthquakes, fires, floods, restraints or prohibitions by any court, board, department, commission or agency of the United States or of any States, civil disturbances, or explosions, or some other reason beyond Agency's control (collectively, "Force Majeure Event"), the obligations so affected by such Force Majeure Event will be suspended only during the continuance of such event. Agency will give City written notice of the existence, extent and nature of the Force Majeure Event as soon as reasonably possible after the occurrence of the event. Failure to give notice will result in the continuance of Agency's obligation regardless of the extent of any existing Force Majeure Event. Agency will use commercially reasonable efforts to remedy its inability to perform as soon as possible. 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 CDBG PSA CONTRACT 2014-2015 25 Child Care Associates CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE OR NONPERFORMANCE OF THIS CONTRACT AND/OR THE OPERATIONS, ACTIVITIES AND SERVICES OF THE PROGRAM DESCRIBED HEREIN, WHETHER OR NOT CAUSED IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS OF CITY; AND AGENCY HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY OF CITY AND ITS OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES FOR ANY AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KINDS OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE OR NONPERFORMANCE OF THIS CONTRACT AND/OR THE OPERATIONS, ACTIVITIES AND SERVICES OF THE PROGRAM DESCRIBED HEREIN, WHETHER OR NOT CAUSED IN WHOLE OR IN PART BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS OF CITY. AGENCY LIKEWISE COVENANTS AND AGREES TO AND DOES HEREBY INDEMNIFY AND HOLD HARMLESS CITY FROM AND AGAINST ANY AND ALL INJURY, DAMAGE OR DESTRUCTION OF PROPERTY OF CITY, ARISING OUT OF OR IN CONNECTION WITH ALL ACTS OR OMISSIONS OF AGENCY, ITS OFFICERS, MEMBERS, AGENTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, INVITEES, LICENSEES, OR CLIENTS, OR CAUSED, IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS OF CITY. IT IS THE EXPRESS INTENTION OF THE PARTIES, BOTH AGENCY AND CITY, THAT THE INDEMNITY PROVIDED FOR THIS SECTION INCLUDES INDEMNITY BY AGENCY TO INDEMNIFY AND PROTECT CITY FROM THE 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. CDBG PSA CONTRACT 2014-2015 26 Child Care Associates 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 50,000.00 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 coverage and limits thereof: Commercial General Liability (CGL) Insurance $500,000 each occurrence $1,000,000 aggregate limit Non-Profit Organization Liability or Directors& Officers Liability $1,000,000 Each Occurrence $1,000,000 Annual Aggregate Limit 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. CDBG PSA CONTRACT 2014-2015 27 Child Care Associates 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. 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. CDBG PSA CONTRACT 2014-2015 28 Child Care Associates 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. 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. 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. CDBG PSA CONTRACT 2014-2015 29 Child Care Associates 20. NOTICE. All notices required or permitted by this Contract must be in writing and are deemed delivered on the earlier date of the date actually received or the third day following deposit in a United States Postal Service post office or receptacle; with proper postage, certified mail return receipt requested; and addressed to the other Party at the address set out below or at such other address as the receiving Party designates by proper notice to the sending Party. City: City Attorney's Office 1000 Throckmorton Street Fort Worth, TX 76102 Telephone: 817-392-7600 Copy to: Housing and Economic Development Department 1000 Throckmorton Street Fort Worth, TX 76102 Attention: Assistant Director Telephone: 817-392-7540 Copy to: Housing and Economic Development Department 1000 Throckmorton Street Fort Worth, TX 76102 Attention: Program Coordinator Telephone: 817-392-6342 Agency: Child Care Associates Eva Dixon 3000 E Belknap Street Fort Worth, TX 76111 Telephone: 817-838-0055 21. AGENCY HAS LEGAL AUTHORITY TO ENTER INTO CONTRACT. Agency represents that it possesses the legal authority, pursuant to any proper, appropriate and official motion, resolution or action passed or taken, to enter into this Contract and to perform the responsibilities herein required. 22. COUNTERPARTS. This Contract may be executed in multiple counterparts, each of which shall be considered an original, but all of which shall constitute one instrument which may be sufficiently evidenced by one counterpart. CDBG PSA CONTRACT 2014-2015 30 Child Care Associates [SIGNATURES APPEAR ON NEXT PAGE] CDBG PSA CONTRACT 2014-2015 31 Child Care Associates IN WITNESS WHEREOF,the Parties hereto have executed 4 duplicate originals of this Contract in Fort Worth, Tarrant County, Texas. —� . AT T: � � A TY OF FORT WORTH �$` ° City Secretary o ernando Costa,Assistant City Manager M&C: C-26893 Date: August 5, 2014 °r odO"0000�� APPR VED AS TO O N ITY: Assistant City Attorney CHILD OCIA ES By: Name: Title: i STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on av 2014 by Fernando Costa, Assistant City Manager of the City of Fort Worth, on behalf the City of Fort Worth. LINDA M.HIRWLINGER Notary ublic, State of Texas �•a•.t•tttttr..,o: MY COMMISSION EXPIRES Y d�1 FybrukAry 2,2010 STATE OF TEXAS § COUNTY OF TARRANT § q This instrument was acknowledged before me on Y k e Z t 2014 by F.ctck Ad), the !7 of Texas non-profit corporation, on behalf of said corporation. Notary Public, State of Texas a°z Mr v` N LATACHA LE:HAANN My Commissi s h September 1 S'rp p�e+� (-_:r r.0AL RECORD CDBG PSA CONTRACT 2014-2015 ,9 315CRrz TA R11 32 Child Care Associates 111„minRTV19 Y�, EXHIBITS: Exhibit"A" —Program Summary Exhibit"A-1"—2014 HUD Income Limits Exhibit"A-2"—2014-2015 Fee Schedule 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 Exhibit "H"—Severely Disabled Certification Form CDBG PSA CONTRACT 2014-2015 33 Child Care Associates CHILD CARE ASSOCIATES EXHIBIT "A" Childcare Program PROGRAM SUMMARY PROGRAM SUMMARY Community Development Block Grant (CDBG) October 1, 2014 to September 30, 2015 $50,000.00 PERIOD AMOUNT PROGRAM: Program will provide child care scholarships to Fort Worth children of income eligible families. Child care services will consist of curriculum promoting school readiness through educational, emotional, social, and physical growth. CDBG funds will be used to pay for child care scholarships for children of income eligible Fort Worth families. Note: Only Fort Worth residents are eligible to receive direct scholarship assistance provided by CDBG funds. Childcare Associate's Program office is located at 3000 East Belknap, Fort Worth, TX 76111. Program services will be provided at the locations listed below from 6:30 am to 6:00 pm, Monday through Friday: Program Location Address Hours of Operation Barbara T. Williams Child 4800 S. Riverside Drive,Fort 6:30 am—6:00 pm Development Center Worth, 76119 Blanche Child Development 2900 Stalcup Road, Fort Worth, 6:30 am—6:00 pm Center 76119 Diamond Hill Child 2412 Saulisbury Avenue, Fort 6:30 am—6:00 pm Development Center Worth, 76106 Ellis Child Development 3620 Modlin Avenue, Fort Worth, 6:30 am—6:00 pm Center 76107 Gragg Child Development 2400 East First Street, Fort Worth, 6:30 am—6:00 pm Center 76111 North Fort Worth Child 901 NW 3 oth Street, Fort Worth, 6:30 AM—6:00 PM Development Center 76106 Park Lake Child 3312 Park Lake Drive, Fort Worth, 6:30 am—6:00 pm Development Center 76133 Reagan Child Development 3200 Reagan, Fort Worth, 76116 6:30 am—6:00 pm Center Rosedale V Child 4244 E. Rosedale Street, Fort 6:30 am—6:00 pm Development Center Worth, 76105 CDBG PSA CONTRACT 2014-2015—EXHIBIT"A"—PROGRAM SUMMARY 1 Child Care Associates Southside Child 959 E Rosedale Street, Fort Worth, 6:30 am—6:00 pm Development Center 76104 Tom Rickard Child 3006 Schwartz Avenue, Fort Worth, 6:30 am—6:00 pm Development Center 76106 River Oaks Head Start and 4907 Ohio Gardens Road, Fort 6:30 am to 6:00 pm Child Development Center Worth, TX 76114 REGULATORY CLASSIFICATION: IDIS Matrix Code(s) and Service Category: 05L Child Care Services National Objective Citation: LMC Low/Mod Limited Clientele 24 CFR 570.208(a)(2) Regulatory Citation(s): 24 CFR 570.201(e) Based on the nature of the service provided, Agency will maintain documentation that verifies that 100% of clients served by the Program are income eligibile with current household incomes at or below 80% of Area Median Income (AMI) as established or defined by the United States Department of Housing and Urban Development(HUD). PROGRAM GOALS: Provide Program services to approximately 25 Unduplicated Clients CDBG PSA CONTRACT 2014-2015—EXHIBIT"A"—PROGRAM SUMMARY 2 Child Care Associates EXHIBIT "A-1" 2014 HUD Income Limits 2014 Median Family Income - Fort Worth/Arlington, TX* 1 Person 2 Persons 3 Persons 4 Persons 5 Persons 6 Persons 7 Persons 8 Persons 30%AMI $13,850 $15,800 $19,790 $23,850 $27,910 $31,970 $36,030 $40,090 50%AMI $23,050 $26,350 $29,650 $32,900 $35,550 $38,200 $40,800 $43,450 80%AMI $36,900 $42,150 $47,400 $52,650 $56,900 $61,100 $65,300 $69,500 X Income Limits are established and published at least annually by HUD CDBG PSA CONTRACT 2014-2015—EXHIBIT"A-1"-2014 HUD INCOME LIMITS I Child Care Associates EXHIBIT "A-2" CHILDCARE ASSOCIATES 2014-2015 FEE SCHEDULE [See attached] CDBG PSA CONTRACT 2014-2015—EXHIBIT"A-2"—2014-2015 Fee Schedule Childcare Associates Child Care FA S S o C I a t e S 3000 E.Belknap,Furth Floor,Fort Worth,TX 76111 , 817.838.0055• www.childcareassociates.org Scholarship Program for 2014-2015 FULL-TIME CHILD CARE RATES/more than 30 hours per week 60%,50%and 40%scholarships offered based on income and family size(using HUD income guidelines) Hours of Operation: Monday through Friday 6:30 am to 6:00 pm Infants-6 weeks to 17 months($180.00 weekly) Family income Range Scholarship Percentage Parent/Family Share Scholarship Amount 30%AMI 60% 72.00 108.00 31-50%AMI 50% 90.00 90.00 51-80%AMI 40% 108.00 72.00 More than 80%AMI 0 180.00 0 Toddlers-18 months to 35 months ($150.00 weekly) °Family Income Range ` Scholarship Percentage Parent/Family Share Scholarship Amount 30%AMI 60% 60.00 90.00 31-50%AMI 50% 75.00 75.00 51-80%AM I 40% 90.00 60.00 More than 80%AMI 0 150.00 0 Preschoolers-3 to 5 years($130.00 weekly) Family"Income+Range _ Scholarship Percentage Parent JFami(y Share Scholarship Amount 30%AMI 60% 52.00 78.00 31-50%AM I 50% 65,00 65.00 51-80%AMI 40% 78.00 52.00 More than 80%AMI 0 130.00 0 Scholarships are awarded based on HUD income eligibility for household size and income. Approved by the Board of Directors April 17,2013 Part-time rates approved by the Board of Directors June 18,2014 Chid Care a s s cD C I a t ° s 3000 E.Belknap,Fourth Floor,Fort Worth,TX 76111 • 817.838.0055-vvww.rhildcareassociates.org Scholarship Program for 2014-2015 PART-TIME CHILD CARE RATES/30 or less hours per week 60%,50%and 40%scholarships offered based on income and family size(using HUD income guidelines) Hours of Operation: Monday through Friday 6:30 am to 8:00 am &3:00 pm to 6:00 pm Infants-6 weeks to 17 months($115.00 weekly) Family Income Range ; Scholarship Percentage Parent/Family Share Scholarship Amount 30%AMI 60% 46.00 69.00 31-50%AMI 50% 57.50 57.50 51-80%AM I 40% 69.00 46.00 More than 809/o AMI 0 115.00 0 Toddlers-18 months to 35 months($95.00 weekly) Family Income Range Scholarship Perc entage Parent/Family Share Scholarship Amount 30%AMI 60% 38.00 57.00 31-50%AMI _50% 47.50 47.50 51-80%AM I 40% 57.00 38.0.0 More than 80%AMI 0 95.00 0 Preschoolers-3 to 5 years($87.50 weekly) Family Income Range Scholarship Percentage Parent/Family. Share Scholarship Amount, 30%AMI 60% 35.00 52.50 31-50%AMI 50% 43.75 43.75 51-80%AMI 40% 52.50 35.00 More than 80%AMI 0 87.50 0 Scholarships are awarded based on HUD income eligibility for household size and income. Approved by the Board of Directors April 17,2013 Part-time rates approved by the Board of Directors June 18, 2014 EXHIBIT"B"—BUDGET Account Grant A B C TOTAL Budget `ADMINISTRATIVE HOPWA'ONLY) Salaries 1001 FICA 1002 Life Insurance 1003 Health Insurance 1004 Disability Insurance 1005 Unemployment-State 1006 Accounting 1007 TOTAL ADMINISTRATIVE EXPENSES %Administrative Cost PROGRAM PERSONNEL Salaries 2001 FICA 2002 Life Insurance 2003 Health Insurance 2004 Unemployment 2005 Worker's Compensation 2006 Retirement 2007 SUPPLIES AND SERVICES Office Supplies 3001 Office Equipment Rental 3002 Postage 3003 Printing 3004 MISCELLANEOUS Construction/Building Materials(only REACH) 4001 Contract Labor(City needs copy of contract before expenses can be reimbursed) 4002 Craft Supplies 4003 Field Trip Admission Expenses 4004 Other Field Trip Expenses(if prea proved by City) 4005 Food Supplies 4006 Teaching Aids 4007 FACILITY AND UTILITIES Telephone 5001 Electric 5002 Gas 5003 Water and Wastewater 5004 Solid Waste Disposal 5005 Rent(City needs copy of lease before expenses can be reimbursed) 5006 Custodial Services 5007 Repairs 5008 Cleaning Supplies 5009 LEGAL,FINANCIAL,AND INSURANCE Fidelity Bond or Equivalent 6001 Directors and Officers 6002 General Commercial Liability 6003 Contract Accounting 6005 DIRECT ASSISTANCE Childcare Scholarships 7001 50,000.00 50,000.00 Short-term Rent Assistance 7002 Short-term Mortgage Assistance 7003 Short-term Utilities Assistance 7004 OTHER EXPENSES TOTAL 50,000.00 1 50,000.00 FUNDING A: FUNDING B: FUNDING C: CDBG PSA CONTRACT 2014-2015—EXHIBIT"B"-BUDGET 1 Child Care Associates The following tables are purely informational and were created solely for purposes of preparing, negotiating, and determining the reasonableness of the overall line item budget on the first page of this EXHIBIT `B" —BUDGET and are not to be considered part of the terms and conditions of this Contract. Contractor may make changes to any column except the "Position" column in the "Salary Detail" table without the City's consent so long as the total amounts charged to the grant do not exceed the line items on the first page of the EXHIBIT `B"—BUDGET. Changes to the column labeled "Position"may only be made with the prior written consent of the City. SALARY DETAIL Position Name Rate Annual Hours Percent to Grant Amount to Grant TOTAL 0 FRINGE DETAIL Percent of Payroll Amount Percent to Grant Amount to Grant FICA Life Insurance Health Insurance Unemployment Workers Compensation Retirement TOTAL 0 SUPPLIES AND SERVICES Total Budget Percent to Grant Amount to Grant Office Supplies Office Equipment Rental Postage Printing TOTAL 0 MISCELLANEOUS Total Budget Percent to Grant Amount to Grant Contract Labor Craft Supplies Facility Fees Field Trip Costs Food Supplies Teaching Aids TOTAL 0 CDBG PSA CONTRACT 2014-2015—EXHIBIT`B"—BUDGET 2 Child Care Associates FACILITY AND UTILITIES Total Budget Percent to Grant Amount to Grant Telephone Electric Gas Water and Wastewater Solid Waste Disposal Rent Custodial Services Repairs Cleaning Supplies TOTAL 0 FINANCIAL AND INSURANCE Total Budget Percent to Grant Amount to Grant Fidelity Bond or Equivalent) General Commercial Liability Directors and Officers Contract Accounting TOTAL 0 DIRECT ASSISTANCE Total Budget Percent to Grant Amount to Grant Childcare Scholarships 50,000.00 Short-Term Rent Assistance Short Term Mortgage Assistance Short Term Utilities Assistance Tenant Based Rental Assistance TOTAL 50,000.00 CDBG PSA CONTRACT 2014-2015—EXHIBIT`B"—BUDGET 3 Child Care Associates EXHIBIT "C"—Audit Certification Form [See attached] CDBG PSA CONTRACT 2014-2015—EXHIBIT"C"—AUDIT CERTIFICATION FORM 1 Child Care Associates AUDIT CERTIFICATION FORM AND AUDIT REQUIREMENTS Agency: Child Care Associates Fiscal Year Ending: September 30, 2015 ❑ During the fiscal year in which funds will be received, we will exceed the federal expenditure threshold of $500,000. We will have our Single Audit or Program Specific Audit completed and will submit the A-133 audit report within seven (7) months after the end of the audited fiscal year or thirty (30) days within its completion, whichever is the earlier date. ❑ During the fiscal year in which funds will be received, we will not exceed the $500,000 federal expenditure threshold required for a Single Audit or a Program Specific Audit to be performed this fiscal year. (Fill out schedide belotiv) Federal Expenditure Disclosure MUST be filled out if Sin Ie Audit or Program Audit is NOT re wired. Pass Through Program Name& Contract Federal Grantor Expenditures Grantor CFDA Number Number Total Federal Expenditures for this Fiscal Year: Signatory and Title Date Failure to submit this or a similar statement or failure to submit a completed single audit package as described in the federally required audit requirements described in OMB Circulars A-133 by the required due date may result in suspension of funding and may affect eligibility for future funding. Notwithstanding the above, this certification acknowledges the agency's commitment to meet all other financial reporting, financial statements, and other audit requirements as may be set forth in the Contract. CDBG PSA CONTRACT 2014-2015—EXHIBIT"C"—AUDIT CERTIFICATION FORM 2 Child Care Associates Exhibit "D" --Reporting Forms [See attached] CDBG PSA CONTRACT 2014-2015 Exhibit"D"--REIMBURSEMENT FORMS Child Care Associates 1 Attachment I INVOICE Agency: Child Care Associates Address: 3000 E Belknap Street City, State, Zip: Fort Worth, 76111 Program: Child Care Services Coordinator Period of Service: Program Amount This Invoice Cumulative to Date Agency's Certification: I certify that the costs incurred are valid and consistent with the terms and conditions of the contract between City and Agency. By signing this invoice, I certify that to the best of my knowledge and belief the data included in this report is true and accurate. It is acknowledged that the provision of false information could leave the certifying official subject to the penalties of federal, state, and local law. Signature and Date: Name: Title: CDBG PSA CONTRACT 2014-2015 Exhibit"D"--REIMBURSEMENT FORMS Child Care Associates 2 Attachment II City of Fort Worth Housing and Economic Development Department Expenditure Worksheet Agency: Child Care Associates Program: Child Care Highlighted are the only relevant codes for this Program. Please group like account codes. - Account Code` Expense Line Item irtie'No: Check Na - _. Pa'se t Oescri 4ioh See 1£e to RI ht `Amount Aacoanf= 1 ADMINISTRATIVE(HOPWA OriI : a. 2 Salaries 1001 3 FICA 1002 4 Life Insurance 1003 5 Health insurance 1004 6 Disability Insurance 1005 7 Unemployment-State 1006 8 Legal Accounting 1007 9 PROGRAM PERSONNEL,,- 10 Salaries 2001 11 FICA 2002 12 Life Insurance 2003 13 Health Insurance 2004 14 Unem to ment 2005 15 Workers Compensation 2006 16 Retirement 2007 17 SUPPLIES AND SERVICES 18 Office Supplies 3001 19 Office Equipment Rental 3002 20 Postage 3003 21 Printing 3004 22 MISCELLANEOUS--" 23 Conference&Seminars 4001 24 Construction/Building Materials 4002 25 Contract Labor 4003 26 Craft Supplies 4004 27 Credit Reports 4005 28 Facility Fees 4006 29 Field Trip Costs 4007 30 Food Supplies 4008 31 Mileage 4009 32 Teaching Aids 4010 33 FACILITY4NDUTILIT'IES 34 Telephone 5001 35 Electric 5002 36 Gas 50E- 37 Water and Wastewater 5004 38 Solid Waste Disposal 5005 39 Rent 5006 40 Custodial Services 5007 41 Repairs 5008 42 Cleanin Su lies 5009 43 LEGAL FINANCIAL.INSURANCE '• 44 Fidelity Bond or Equivalent 6001 45 Directors and Officers 6002 46 General Commercial Liability 6003 47 Le al Fees 6004 48 Contract Accountin 6005 49 DIRECT ASSISTANCE.. 50 Childcare Scholarships 7001 51 Counseling-Individual Sessions 7002 52 Counseling-Group Sessions 7003 53 Short-term Rent Assistance 7004 54 Short-term Mortgage Assistance 7005 55 Short-term Utilities Assistance 7006 56 Tenant Based Rental Assistance 7007 57 CAPITAL;OUTLAY ' 58 Furniture Fixtures 8001 59 Computers 8002 60 Office Equipment 8003 Total Sort and Recreation E ui ment 8004 `Payroll must identify employee. Rent must identify tenant. Other payments should identify individuals,if applicable. CDBG PSA CONTRACT 2014-2015 Exhibit"D"--REIMBURSEMENT FORMS Child Care Associates Z x O O x m. LL� m O Q V = E n ^ n m a N n 3 z •+ < N a m E a oo cc Nn.r�mm�ro T O 0 3a xo nto 00 ¢ KN N C V V v N vi�l a o E ¢ m o N N N N 2 V m(9 -V Y 'V a-Nman ml�m v. E o y x x �d z= - .0 t i � a H a N _ F r O'- o - } 3 c $ '90 m, a w Q E Y a oQ °o m>d 3$ a o E Q a � - w xU - K F i v a O ac�i E �=oo-= � w w f c ¢ o c m N m¢Q Z E a _ Q o n Ni a EcQz �O' S O _ >.om wa £ EJz O i o 1.2 a Z o � a� o a o m 3 0 C E xy y �a F O E mE G o� a` m C O .0 E i Z N G I Exhibit"E"—Income Certification Forms [See attached] CDBG PSA CONTRACT 2014-2015 --EXHIBIT"E"--INCOME CERTIFICATION FORMS 1 Child Care Associates Child Care Associates CERTIFICATION OF INCOME STATEMENT Applicant Name: Current Address: Phone#: Household Members and Income (Ii uding A licant) Last Name First Name Age nthly Source/Employer Name ome "PERSONAL INFORMATION:(Check one in each item. Optional Information 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 CLIENT WOMEN HEAD OF HOUSEHOLD ❑HISPANIC ❑YES ❑YES ❑NON-HISPANIC ❑NO ❑NO * TOTAL NUMBER OF HOUSEHOLD MEMBERS (Include Yourself AND everyone who lives in the house.) Total Anticipated Annual Household Income: 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. 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. Signature of Applicant Date -----------------For use by Agency staff only----------------- Household Size: Gross Annual Income: Applicable Income Limit: Is Applicant Eligible? Check if Applicant refused to provide demographic information: ❑ Staff Assessment of Demographics: Person Making Determination: Date: NOTE. Address, income amounts and sources for ALL household members are required CDBG PSA CONTRACT 2014-2015--EXHIBIT"E"--INCOME CERTIFICATION FORMS 2 Child Care Associates Child Care Associates CERTIFICACION DE DECLARACION DE INGRESOS Nombre del Solicitante: Domicilio Actual: Numero de Telefono: Miembros en el Hogar e In resos (Incluir el/la solicitante) Apellido Nombre Had Ingreso Fuente de Ingresos/Nombre de Empleador Mensual **INFORMACI6N PERSONAL:(Seleccione uno en cada categoria. Informaci6n opcional para prop6sitos de informaci6n Federal) a. ❑MASCULINO b. ❑CAUCASICO ❑NEGRO/AFRICANO AMERICANO ❑NEGRO/AFRICANO AMERICANO&CAUCASICO ❑FEMININO ❑INDIO AMERICANO/NATIVO DE ALASKA ❑ASIATICO ❑INDIO AMERICANO/NATIVO DE ALASKA&CAUCASICO ❑ASIATICO&CAUCASICO ❑NATIVO HAWAIANO/OTRO DE LAS ISLAS PACIFICAS ❑BALANCE/OTRO ❑INDIO AMERICANO/NATIVO DE ALASKA&NEGRO/AFRICANO AMERICANO c. ETNICIDAD d.DISCAPACITADO e.DES EL SOLICITANTE UNA WIER Y CABECERA DEL HOGAR? ❑HISPANO ❑ SI ❑SI ❑NO-HISPANO ❑NO ❑NO *NUMERO TOTAL DE MIEMBROS EN EL HOGAR (Incluye a si mismo y a todos los que viven en la casa) Ingreso total del hogar anual anticipado: Certificaci6n: Certifico que la informaci6n que proporciono es verdad y podria ser susceptible a la comprobaci6n a cualquier tiempo por terceros. Yo tambidn reconozco que la provision de informaci6n falsa me podria dejar sujeto a las penalidades Federales,Estatales y locales. i ADVERTENCIA: TITULO 18,SECCI6N 1001 DEL CODIGO DE EE.UU.QUE UNA PERSONA ES CULPABLE DE UN DELITO POR SABER Y VOLUNTARIAMENTE RACER DECLARACIONES FALSAS O FRAUDULENTAs A CUALQUIER DEPARTAMENTO DEL GOBIERNO ESTADOUNIDENSE. Firma del Solicitante Fecha ----------------Para use de em leados de la a encia----------------- #De Miembros de Familia: Ingreso Acual: Limite de Ingreso: LEs solicitante elegible? Compruebe si el solicitante se neg6 a dar su informaci6n personal: ❑ Evaluaci6n del empleado sobre informaci6n personal: 1 Persona haciendo la determinacion: Fecha: Note: La direccion de la casa y los ingresos (y sus origenes) para todos miembros del hogar son requeridos. CDBG PSA CONTRACT 2014-2015--EXHIBIT"E"--INCOME CERTIFICATION FORMS 3 Child Care Associates Exhibit "F" - Standards for Complete Documentation [See attached] CDBG PSA CONTRACT 2014-2015 Exhibit"F"--STANDARDS FOR COMPLETE DOCUMENTATION Child Care Associates 1 2014-2015 Documentation Standards for Public Service Contract Expenses N O N a E 'o o @ N o c a e o A E a °« _ ° o ° ° E « m n� E y — 0 Budget Line Items c a` w u,«_= Notes/Other Employee Salaries and Benefits Salaries X X' If an employee works solely with Contract eligible clients and solely on Contract eligible hems,then the employee's entire salary is eligible for reimbursement.Twice in each calendar year,the client must submit a written statement verifying that the above conditions are still true.The statement must also be signed be a person authorized to sign on behalf of the agency. If an employee works on a variety of programs,or works with a mixture of Contract eligible clients and non-eligible clients,then the City will only reimburse for a reasonable portion of the employee's salary.Each reimbursement request must include not only the employee's timesheet,but also a work log breaking out the employee's time by project or activity.For employees paid with multiple funding sources,timesheets must reflect all funding sources.If separate fimesheets are kept for each funding source,all such timesheels must be submitted 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 If the City pays gross salary,this is already included.If the City pays the employer portion,then the employer must show a calculation and documentation of how the invoiced amount was calculated,and include documentation showing payment. Life Insurance If the City pays gross salary,this is already included.If we pay the employer portion,then the employer must show a calculation and documentation of how the invoiced amount was calculated,must include an invoice from the insurer,and must include documentation showing payment. Health Insurance Ifthe City pays gross salary,this is already included.Ifwe pay the employer portion,then the employer must show a calculation and documentation of how the invoiced amount was calculated,must include an invoice from the insurer,and must include documentation showing payment. Disability Insurance If the City pays gross salary,this is already included.Ifwe pay the employer portion,then the employer must show a calculation and documentation of how the invoiced amount was calculated,must include an invoice from the insurer,and must include documentation showing payment. Unemployment If the City pays gross salary,this is already included.Ifwe pay the employer portion,then the employer must show a calculation and documentation Insurance of how the invoiced amount was calculated,and must Include documentation showing payment. Retirement Ifwe pay gross salary,this is already included.Ifwe pay the employer portion,then the employer must show a calculation and documentation of how the invoiced amount was calculated,must and Include documentation showing payment,and prior to the first reimbursement,must include the personnel policy regarding retirement benefits. Professional Services Accounting X X X if an audit is required because federal funds exceed$500,000,then the cost should be split evenly by all federal funding sources. Expenses Materials,Equipment,Goads and Su lies Office Supplies X X I I I IX Office Equipment X X I I I X - Rental Postage X X X The agency should maintain Information regarding mailouts.If the agency has a Pftney Bowes machine or like postage machine,the records of that machine must be on file.Likewise,if mall is categorized by payment source,then those records must be on file.For large malloufs,the agency should kee a copy of the letter and a list of all addressees. Printing X X X Construction& X X This category is only available for REACH. Building Materials Sport and X X X Recreation E ui rent Cleanin % lies X X X Teachin Aids It X X Craft Supplies X X X Food Supplies IIX Travel and Field Trips Field Trip X X In addition to admission expenses,food expenses will also be allowed so long as the agency has a written policy stating that food and drinks are Admission routine purchases on all field trips,not just Contract-funded field trips. Ex enses Rent, Utilities and Maintenance-If the followin expenses are paid for a facility that is used for other purposes besides the Contract program,then the bills must be Telephone X X Gas 2L X Water/Wastewater X X Electric X X Solid Waste X X Disposal Facility X X X Maintenance and Repairs Custodial Services X X If services are roodetl per a contract,agency will pro de contract instead of invoices. Rent X X Miscellaneous Contract Labor X I lX I IX Insurance Required X X - Under the Contract Childcare City requires that the agency submit its fee schedule,showing a breakout of income levels,and for each level a breakout ofthe portion of the Scholarships expense to be paid by family and the portion to be reimbursed by the City.This fee schedule is required prior to the first payment.We also require the income eligiblily of each household so that we can determine Ifwe are being changed in conformance with the fee schedule.If the fee schedule changes at any time during the contract year,the agency must notify City and provide a new schedule within 30 days of the change. 'Proof of payment effective October 1,2013: Payments or Expenses must be documented in the following manner: A)Image of the check AND bank statement showing the check cleared the bank;OR, B)Image of the cancelled check(ex.At end of bank statement);OR, C)Payroll"Advace"or Statement AND Bank Statement indicating payroll;OR, D)For wire or e-transfers:Reciept or statement from payee/vendor OR bank statement. CDBG PSA CONTRACT 2014-2015 Exhibit"F"--STANDARDS FOR COMPLETE DOCUMENTATION Child Care Associates 2 EXHIBIT "G" SECTION 3 REPORTING FORMS [See attached] CDBG PSA CONTRACT 2014-2015--EXHIBIT"G"—SECTION 3 REPORTING FORMS 1 Camp Fire USA First Texas Council EXHIBIT "G" Section 3 Summary Report U.S.Department of Housing OMB Approval No: 2529-0043 Economic Opportunities for and Urban Development (exp.11/30/2010) Low—and Very Low-Income Persons Office of Fair Housing And Equal Opportunity HUD Field Offce: Section back of page for Public Reporting Burden statement 1.Recipient Name&Address: (street,city,state,zip) 2.Federal Identification: (grant no.) 3. Total Amount of Award: 4.Contact Person 5.Phone: (Include area code) 6.Length of Grant: 7.Reporting Period: 8.Date Report Submitted: 9.Program Code: (Use separate sheet 10. Program Name: for each program code) Part I: Employment and Training Columns B,C and F are manda ory fields. Include New Hires in E&F A B C D E F Number of Number of New %of Aggregate Number %of Total Staff Hours Number of Section 3 Job Category New Hires Hires that are of Staff Hours of New Hires for Section 3 Employees Trainees Sec.3 Residents that are Sec.3 Residents and Trainees Professionals Technicians Office/Clerical Construction by Trade(List) Trade Trade Trade Trade Trade Other List Total `Program Codes 3=Public/Indian Housing 4=Homeless Assistance 8=CDBG State Administered '.. 1=Flexible Subsidy A=Development, 5=HOME 9=Other CD Programs 2=Section 2021811 B=Operation 6=HOME State Administered 10=Other Housing Programs C=Modernization 7=CDBG Entitlement Page 1 of 2 form HUD 60002(6/2001) Ref 24 CFR 135 Part II: Contracts Awarded 1. Construction Contracts: A. Total dollar amount of all contracts awarded on the project $ B. Total dollar amount of contracts awarded to Section 3 businesses $ C. Percentage of the total dollar amount that was awarded to Section 3 businesses % D. Total number of Section 3 businesses receiving contracts 2. Non-Construction Contracts: A. Total dollar amount all non-construction contracts awarded on the project(activity $ B. Total dollar amount of non-construction contracts awarded to Section 3 businesses $ C. Percentage of the total dollar amount that was awarded to Section 3 businesses % D. Total number of Section 3 businesses receiving non-construction contracts Part III: Summary Indicate the efforts made to direct the employment and other economic opportunities generated by HUD financial assistance for housing and community development programs,to the greatest extent feasible,toward low-and very low-income persons,particularly those who are recipients of government assistance for housing. (Check all that apply.) Attempted to recruit low-income residents through: local advertising media,signs prominently displayed at the project site, contracts with the community organizations and public or private agencies operating within the metropolitan area(or nonmetropolitan county)in which the Section 3 covered program or project is located,or similar methods. Participated in a HUD program or other program which promotes the training or employment of Section 3 residents. Participated in a HUD program or other program which promotes the award of contracts to business concerns which meet the definition of Section 3 business concerns. Coordinated with Youthbuild Programs administered in the metropolitan area in which the Section 3 covered project is located. Other;describe below. Public reporting for this collection of information is estimated to average 2 hours per response,including the time for reviewing instructions, searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of information. This agency may not collect this information,and you are not required to complete this form,unless it displays a currently valid OMB number. Section 3 of the Housing and Urban Development Act of 1968,as amended,12 U.S.C.1701 u,mandates that the Department ensures that employment and other economic opportunities generated by its housing and community development assistance programs are directed toward low-and very-low income persons,particularly those who are recipients of government assistance housing. The regulations are found at 24 CFR Part 135. The information will be used by the Department to monitor program recipients'compliance with Section 3,to assess the results of the Department's efforts to meet the statutory objectives of Section 3,to prepare reports to Congress,and by recipients as self-monitoring tool. The data is entered into a database and will be analyzed and distributed. The collection of information involves recipients receiving Federal financial assistance for housing and community development programs covered by Section 3. The information will be collected annually to assist HUD in meeting its reporting requirements under Section 808(e)(6)of the Fair Housing Act and Section 916 of the HCDA of 1992. An assurance of confidentiality is not applicable to this form. The Privacy Act of 1974 and OMB Circular A-108 are not applicable. The reporting requirements do not contain sensitive questions. Data is cumulative;personal identifying information is not included. Page 2 of 2 form HUD 60002(1112010) _ Ref 24 CFR 135 Form HUD-60002,Section 3 Summary Report,Economic Opportunities for Low-and Very Low-Income Persons. Instructions: This form is to be used to report annual 8. Program Code: Enter the appropriate program code as listed at accomplishments regarding employment and other economic the bottom of the page. opportunities provided to low-and very low-income persons under 9. Program Name: Enter the name of HUD Program corresponding Section 3 of the Housing and Urban Development Act of 1968. The with the"Program Code'in number 8. Section 3 regulations apply to any public and Indian housing programs that receive: (1)development assistance pursuant to Part I: Employment and Training Opportunities Section 5 of the U.S.Housing Act of 1937;(2)operating assistance Column A: Contains various job categories. Professionals are pursuant to Section 9 of the U.S.Housing Act of 1937;or(3) defined as people who have special knowledge of an occupation(i.e. modernization grants pursuant to Section 14 of the U.S.Housing Act supervisors,architects,surveyors,planners,and computer of 1937 and to recipients of housing and community development programmers). For construction positions,list each trade and provide assistance in excess of$200,000 expended for: (1)housing data in columns B through F for each trade where persons were rehabilitation(including reduction and abatement of lead-based paint employed. The category of"Other"includes occupations such as hazards);(2)housing construction;or(3)other public construction service workers. projects;and to contracts and subcontracts in excess of$100,000 Column B: (Mandatory Field) Enter the number of new hires for awarded in connection with the Section-3-covered activity. each category of workers identified in Column A in connection with Form HUD-60002 has three parts,which are to be completed for this award. New hire refers to a person who is not on the contractor's all programs covered by Section 3. Part I relates to employment or recipient's payroll for employment at the time of selection for the and training.The recipient has the option to determine numerical Section 3 covered award or at the time of receipt of Section 3 covered employment/training goals either on the basis of the number of hours assistance. worked by new hires(columns B,D,E and F). Part II of the form Column C: (Mandatory Field) Enter the number of Section 3 new relates to contracting,and Part III summarizes recipients'efforts to hires for each category of workers identified in Column A in comply with Section 3. connection with this award. Section 3 new hire refers to a Section 3 Recipients or contractors subject to Section 3 requirements must resident who is not on the contractor's or recipient's payroll for maintain appropriate documentation to establish that HUD financial employment at the time of selection for the Section 3 covered award or assistance for housing and community development programs were at the time of receipt of Section 3 covered assistance. directed toward low-and very low-income persons.` A recipient of Column D: Enter the percentage of all the staff hours of new hires Section 3 covered assistance shall submit one copy of this report to (Section 3 residents)in connection with this award. HUD Headquarters,Office of Fair Housing and Equal Opportunity. Column E: Enter the percentage of the total staff hours worked for Where the program providing assistance requires an annual Section 3 employees and trainees(including new hires)connected performance report,this Section 3 report is to be submitted at the with this award. Include staff hours for part-time and full-time same time the program performance report is submitted. Where an positions. annual performance report is not required,this Section 3 report is to be Column F: (Mandatory Field) Enter the number of Section 3 submitted by January 10 and,if the project ends before December 31, residents that were trained in connection with this award. within 10 days of project completion. Only Prime Recipients are Part ll: Contract Opportunities required to report to HUD. The report must include Block 1: Construction Contracts accomplishments of all recipients and their Section 3 covered Item A: Enter the total dollar amount of all contracts awarded on the contractors and subcontractors. project/program. HUD Field Office: Enter the Field Office name. Item B: Enter the total dollar amount of contracts connected with this 1. Recipient: Enter the name and address of the recipient project/program that were awarded to Section 3 businesses. submitting this report. Item C: Enter the percentage of the total dollar amount of contracts 2. Federal Identification: Enter the number that appears on the connected with this project/program awarded to Section 3 businesses. award form(with dashes). The award may be a grant, Item D: Enter the number of Section 3 businesses receiving awards. cooperative agreement or contract. Block 2: Non-Construction Contracts 3. Dollar Amount of Award: Enter the dollar amount,rounded to the Item A: Enter the total dollar amount of all contracts awarded on the nearest dollar,received by the recipient. project/program. 4&5. Contact Person/Phone: Enter the name and telephone number Item B: Enter the total dollar amount of contracts connected with this of the person with knowledge of the award and the recipient's project awarded to Section 3 businesses. implementation of Section 3. Item C: Enter the percentage of the total dollar amount of contracts 6. Reporting Period: Indicate the time period(months and year) connected with this project/program awarded to Section 3 businesses. this report covers. Item D: Enter the number of Section 3 businesses receiving awards. 7. Date Report Submitted: Enter the appropriate date. Part III: Summary of Efforts—Self-explanatory Submit one(1)copy of this report to the HUD Headquarters Office of Fair Housing and Equal Opportunity,at the same time the The Secretary may establish income ceilings higher or lower than 80 percent performance report is submitted to the program office. The Section 3 of the median for the area on the basis of the Secretary's findings such that report is submitted by January 10. Include only contracts executed variations are necessary because of prevailing levels of construction costs during the period specified in item 8. PHAs/IHAs are to report all or unusually high-or low-income families. Very low-income persons mean contracts/subcontracts. low-income families(including single persons)whose incomes do not exceed 50 percent of the median family income area,as determined by the ' The terms"low-income persons'and very low-income persons"have Secretary with adjustments or smaller and larger families,except that the the same meanings given the terms in section 3(b)(2)of the United Secretary may establish income ceilings higher or lower than 50 percent of States Housing Act of 1937. Low-income persons mean families the median for the area on the basis of the Secretary's findings that such (including single persons)whose incomes do not exceed 80 percent of variations are necessary because of unusually high or low family incomes. the median income for the area,as determined by the Secretary,with adjustments for smaller and larger families,except that Page i form HUD 60002(11/2010) Ref 24 CFR 135 EXHIBIT "H"—Severely Disabled Certification Form [See attached] E CDBG PSA CONTRACT 2014-2015—EXHIBIT"H"—SEVERELY DISABLED CERTIFICATION FORM 1 Child Care Associates s i Child Care Associates 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: : x CFW HED: Revised as of August 30,2013 CDBG PSA CONTRACT 2014-2015—EXHIBIT"H"—SEVERELY DISABLED CERTIFICATION FORM 2 Child Care Associates 11/18/2014 M&C Review Official site of the City of Fort Worth,Texas I COUNCIL CND FORTWt�RTil COUNCIL ACTION: Approved on 815/2014 -Ordinance No. 21363-08-2014 CONTINUED FROM A PREVIOUS WEEK DATE: 7/22/2014 REFERENCE C-26893 LOG NAME: 17HUDACTION PLAN PY2014- NO.: 2015 CODE: C TYPE: NON- PUBLIC YES CONSENT HEARING. SUBJECT: Conduct Two Public Hearings and Approve the City's Action Plan for the Use of Federal Grant Funds in the Amount of$9,827,252.00 from the United States Department of Housing and Urban Development for Program Year 2014-2015 from the Community Development Block Grant, HOME Investment Partnerships Program, Emergency Solutions Grant and Housing Opportunities for Persons with AIDS Grant Programs, Authorize Collection and Use of Program Income, Authorize Waiver of Application of Indirect Cost Rates, Authorize Execution of Related Contracts and Interdepartmental Letters of Agreement and Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council 1. Conduct two public hearings to allow citizen input and consideration of the City's 2014-2015 Action Plan for use of federal grant funds from the United States Department of Housing and Urban Development in the amount of $9,827,252.00 for Program Year 2014-2015 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 2014-2015 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 amount of$50,000.00 of program income resulting from activities using prior years' Community Development Block Grant funds for the programs and activities detailed below; 4. Authorize the collection and use of an estimated amount of$100,000.00 of program income resulting from activities using prior years' HOME Investment Partnerships Program funds for the City's Homebuyer Assistance Program; 5. Authorize the City Manager or his designee to execute contracts and Interdepartmental Letters of Agreement for a one year term with the agencies listed below in Tables 1, 2 and 3 for Program Year 2014-2015 for Community Development Block Grant, Emergency Solutions Grant and Housing Opportunities for Persons with AIDS grant funds, contingent upon receipt of funding; 6. Authorize the City Manager or his designee to extend the contracts and Interdepartmental Letters of Agreement 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 and Interdepartmental Letters of Agreement 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; http://apps.cfwnet.org/council_packet/mc_review.asp?ID=20027&councildate=8/5/2014 116 11/18/2014 M&C Review 8. Authorize a waiver of indirect cost rates as applicable for the Grants Fund, in accordance with the City's Administrative Regulations; and 9. Adopt the attached appropriation ordinance increasing the estimated receipts and appropriations to the Grants Fund in the total amount of $9,827,252.00 consisting of $6,193,950.00 in Community Development Block Grant funds, $2,143,383.00 in HOME Investment Partnerships Program funds, $493,901.00 in Emergency Solutions Grant funds and $996,018.00 in Housing Opportunities for Persons with AIDS grant funds, plus any program income, all subject to receipt of such funds. DISCUSSION: The City's Annual Action Plan summarizes the major housing and community development activities and proposed expenditures for use of federal grant funds totaling $9,827,252.00 from the United States Department of Housing and Urban Development (HUD) for Community Development Block Grant (CDBG), HOME Investment Partnerships Program (HOME), Emergency Solutions Grant (ESG) and Housing Opportunities for People with AIDS (HOPWA) grant programs for the program year beginning October 1, 2014 and ending September 30, 2015. This year's Action Plan also summarizes the use of program income resulting from activities using prior years' CDBG and HOME funds. The purpose of these grant funds is to primarily benefit low and moderate income City residents, with ESG funds primarily benefiting homeless persons and HOPWA funds primarily benefiting persons with HIV/AIDS. Staff developed recommendations for the allocation of the estimated funding from HUD and presented them to the Community Development Council (CDC) on May 21, 2014 and to the City Council at the Pre-Council meeting on June 10, 2014. Notice of a 30-day public comment period from July 2, 2014 to July 31, 2014 was published in the Fort Worth Star-Telegram on June 28, 2014. Any comments received will be maintained by the Housing and Economic Development Department, in accordance with federal regulations. The City will hold two public hearings as part of the HUD-required citizen participation process, the first on July 22, 2014 and the second on August 5, 2014 at which time the City Council is scheduled to approve the Action Plan. In addition, public hearings were held on June 24, 2014 at 10:00 a.m. and 6:00 p.m. for citizens to provide comment on the proposed list of neighborhood streets eligible for reconstruction using CDBG funds. A summary of the CDC's funding recommendations is provided below in Tables 1, 2 and 3 and a spreadsheet of all specific funding recommendations is attached. The Action Plan must be submitted to H U D by August 15, 2014. For Program Year 2014-2015, it is recommended that the amount of $6,193,950.00 in CDBG funds and the estimated amount of$50,000.00 of CDBG program income be allocated as follows: Public Services -$929,092.50 This item includes social services for low to moderate income, disabled and disadvantage populations. Housing Programs and Services -$2,150,600.00 This item includes funding for the City's Priority Repair Program, Cowtown Brush-Up, homebuyer and housing services and accessibility modifications to the homes of senior and/or disabled individuals and related project delivery costs for these programs. CDBG Match Funds -$500,000.00 This item includes match funds for the Lead Grant program. Infrastructure Services -$638,126.80 This item includes funding for reconstruction of neighborhood streets. CDBG Economic Development -$737,340.70 This item is the City's annual payment on its Section 108 loan from HUD. http://apps.ciwnet.org/council_packet/mc_review.asp?ID=20027&councildate=8/5/2014 216 11/18/2014 M&C Review CDBG Estimated Program Income -$50,000.00 The CDC recommended allocating any CDBG program income for the reconstruction of neighborhood streets. CDBG General Administration -$1,238,790.00 This item includes costs for administering the CDBG grant including allocations for Financial Management Services, Internal Audit and Transportation and Public Works Departments. For Program Year 2014-2015, it is recommended that the amount of $2,143,383.00 in HOME funds and the estimated amount of$100,000.00 of HOME program income be allocated as follows: Homebuyer Assistance Program -$1,097,405.70 This items includes funding for down payment and/or closing cost assistance to low and moderate income homebuyers. Community Development Housing Organizations (CHDO) Set Aside -$321,507.40 HUD requires that a minimum of 15 percent of HOME funds be allocated to CHDOs for affordable housing projects and CHDO administrative operating costs. These funds will be used to complete the Hillside Morningside Neighborhood Single Family Infill Development which will result in the construction of up to 17 single family houses by the Tarrant County Housing Partnership CHDO. Multifamily Development -$510,131.60 Funding will be used for the Columbia at Renaissance Square, an approximately 140-unit mixed income development, with 28 market rate units. The rest of the units will provide quality affordable housing to Fort Worth families with incomes at or below 80 percent of Area Median Income. The development will be located at 3801 W.G. Daniels Drive in Council District 8. HOME General Administration -$214,338.30 This item includes costs for administering the HOME grant. HOME Estimated Program Income -$100,000.00 The program income will be used in the City's Homebuyer Assistance Program. For Program Year 2014-2015, it is recommended that the amount of$996,018.00 in HOPWA funds be allocated as follows: Non-Profit Service Providers -$966,137.46 HOPWA Program Administration -$29,880.54 For Program Year 2014-2015, it is recommended that the amount of $493,901.00 in ESG funds be allocated as follows: Non-Profit Service Providers -$456,858.42 ESG Program Administration -$37,042.58 The CDC and Staff recommend that contracts be executed with the agencies listed below in the amounts shown in the following tables: Community Development Block Grant: http:/1apps.cfwnet.org 1counci1_packet/mc_review.asp?ID=20027&counciIdate=8/5/2014 3/6 11/18/2014 M&C Review Table 1 -CDBG Agencies Organization IlProgram 11AMount Women's Center of Tarrant County IFSenior Services I$ 75,000.00 Senior Citizens of Greater Tarrant Senior Services $ 93,092.50 County YMCA of Metropolitan Fort Worth Child Care Services $ 50,000.00 YWCA of Fort Worth and Tarrant Child Development $ 50,000.00 County Childcare Associates Child Care Services 1$ 50,000.00 Girls Inc. of Tarrant County IYouth Services 1$ 75,000.001 1 Camp Fire Youth Services 1 75,000.00 Lena Pope Home Youth Services $ 75,000.00 Ladder Alliance Employment/Job Training $ 75,000700 Tarrant County Housing Partnership Housing Counseling & $ 124,000.00 Education Presbyterian Night Shelter Case Management/Main $ 82,000.00 Shelter Meals on Wheels of Tarrant County Home-delivered Meals $ 105,000.00 Program _ CDBG Public Service Subtotal $ 929,092.50 *REACH Resource Center on Need-Project Ramps $ 75,000.00 Independent Living Total CDBG Contracts �— $1,004,092.50 *REACH will be funded from the CDBG Housing Programs budget. Housing Opportunities For Persons With AIDS: Table 2 - HOPWA Agencies Organization Program Amount Tarrant County Administration (seven percent) and Supportive Services $409,380.46 Samaritan Housing, Inc. AIDS Administration (seven percent), Supportive Services, Outreach Tenant Based Rental Assistance (TBRA), and Short $556,757.00 Center, Inc. Term Rent Mortgage and Utility Assistance (STRMU) TOTAL HOPWA $966,137.46 Contracts Emergency Solutions Grant: Table 3 - ESG Agencies http://apps.cfwnet.org/council_packet/mc_review.asp?ID=20027&councildate=8/5/2014 4/6 11/18/2014 M&C Review I Organization Program Amount SafeHaven of Tarrant County Shelter Services $ 85,065.00 Presbyterian Night Shelter Shelter Services $ 95,544.00 Day Resource Center for the Shelter Services $115,732.00 Homeless The Salvation Army, a Georgia Homelessness Prevention/Rapid Re- $ 43,136.00 Corporation Housing Catholic Charities of Fort Worth Homelessness Prevention/Rapid Re- $117,381.42 Housing TOTAL ESG Contracts IF $456,858.42 These programs are available in ALL COUNCIL DISTRICTS. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations, adoption of the attached appropriation ordinance and receipt of grant funds, funds will be available in the current operating budget, as appropriated, of the Grants Fund. TO Fund/Account/Centers FROM Fund/Account/Centers GR76 451727 017206720XXX $6.193.950.00 GR76 5XXXXX 017206720XXX $6,193.950.00 GR76 451727 017206721XXX $2.143.383.00 GR76 5XXXXX $2,143,383.00 017206721XXX GR76 451727 017206723XXX $493,901.00 GR76 5XXXXX 017206723XXX $493,901.00 GR76 451727 017206724XXX $996,018.00 GR76 5XXXXX 017206724XXX $996.018.00 GR76 476091 017206720XXX $50.000.00 GR76 5XXXXX 017206720XXX $50,000.00 GR76 476076 017206721XXX $100,000.00 GR76 5XXXXX 017206721XXX $100.000.00 Submitted for City Manager's Office bk Fernando Costa (6122) Originating Department Head: Jay Chapa (5804) Cynthia Garcia (8187) Additional Information Contact: Leticia Rodriguez (7319) http://apps.cfwnet.org/council_packet/mc_review.asp?ID=20027&councildate=8/5/2014 5/6 11/18/2014 M&C Review ATTACHMENTS 17HUDACTIONPLANPY2014-2015 AO 2014.docx Action Plan 14-15.pdf PROPOSED 2014 CDBG Streets Attachment.pd http://apps.cfwnet.org/council_packet/mc_review.asp?ID=20027&councildate=8/5/2014 6/6