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Contract 47289
CIty SECRETAN 12'111,, 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 Lena Home Pope, Inc. (hereafter "Agency"), a Texas non-profit corporation. City and Agency may be referred to individually as a "Parry" 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-15-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, as amended from time to time; WHEREAS, Agency submitted a proposal to use CDBG funds for a program to serve individuals and families, 51% of whom must be low and moderate income; WHEREAS, City citizens, the Community Development Council, and the City Council have determined that CDBG programs are needed by the City's citizens. NOW, THEREFORE, the Parties understand and agree as follows: 1. INCORPORATION OF RECITALS. City and Agency hereby agree that the recitals set forth above are true and correct and form the basis upon which the Parties have entered into this Contract. 2. DEFINITIONS. In addition to terms defined in the body of this Contract, the terms set forth below shall have the definitions ascribed to them as follows: Area Median Income or AMI means the median family income for the Fort Worth-Arlington metropolitan statistical area as established annually by HUD. The 2015 income limits are attached hereto as EXHIBIT "A-1" —2015 HUD Income Limits. Business Diversity Enterprise Ordinance or BDE means the City's Business Diversity Ordinance, Ordinance No. 20020-12-2011. CDBG means Community Development Block Grant. Complete Documentation means the following documentation as applicable: CDBG 51%PSA CONTRACT 2015-2016 fa Kw Lena Pope Home,Inc. n�'d�l� � i u� ���� Il ; ReV,10.28�.2�Olr5 1d rd� f` f(,, 1 11,01,11,11 VVINRIM,7111 • 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: either (i) verifiable self-certification of income such as the City's Certification Income Statement attached as EXHIBIT "E" — Form of Income Self-Certification or a similar form approved by City, or (ii) Source Documentation. • Complete Documentation shall meet the standards described in the attached EXHIBIT "F" - Standards for Complete Documentation. • Any other document or record reasonably necessary to verify costs spent and client eligibility for the Program. CDBG Funds means the CDBG grant funds supplied by City to Agency under the terms of this Contract. CDBG Regulations means regulations found at 24 CFR Part 570 et seq. Countywide Agencies means agencies with 10% or more of clients that reside outside of the boundaries of the City. All other agencies are considered Fort Worth agencies. DBE means disadvantaged business enterprise in accordance with 49 CFR Part 26. Director means the Director of the Neighborhood Services Department. Effective Date means October 1, 2015. HUD means the United States Department of Housing and Urban Development. IDIS means Integrated Disbursement Infoiination System, HUD's project tracking system. Income Eligible Client means a client whose annual income adjusted for family size does not exceed 80% of AMI using the most current HUD Income Guidelines and Technical Guidance for Determining Income and Allowances. The definition of annual income to determine client income eligibility shall be the definition contained in 24 CFR Part 5.609, as amended from time to time. National Objective means an activity that benefits low and moderate income persons. For the purposes of this Contract, at least 51% of the clients served by the Program must be Income Eligible Clients. Neighborhood Services Department means the City's Neighborhood Services Department. CDBG 51%PSA CONTRACT 2015-2016 Page 2 Lena Pope Home,Inc. Rev. 10.28.2015 OMB means the Office of Management and Budget. Program means the services described in EXHIBIT "A"—Program Summary. Reimbursement Request means all reports and other documentation described in Section 9. Source Documentation means documentation of full household income of any type described under the definition of annual income in 24 CFR Part 5.609, including but not limited to copies of paychecks, Social Security and disability verification letters, interest or rental income statements, retirement income statements, child support and alimony verification, unemployment benefit letters, and the like. Unduplicated Clients means a count of all clients served by the Program at least once in the Contract Term. Clients served by the Program more than once in the Contract Term will only be counted the first time they are served when determining the total count of Unduplicated Clients. 3. TERM. The term of this Contract begins on the Effective Date and terminates on September 30, 2016 unless earlier terminated as provided in this Contract. 4. DUTIES AND RESPONSIBILITIES OF CITY. 4.1 Provide CDBG Funds. City shall provide up to $75,000.00 of CDBG Funds under the terms and conditions of this Contract. 4.2 Monitor. City will monitor the activities and performance of Agency and any of its contractors, subcontractors or vendors as necessary, but no less than annually. Monitoring by City will include determining whether Agency is meeting the National Objective during the term of this Contract. 5. DUTIES AND RESPONSIBILITIES OF AGENCY. 5.1 Required Services. Agency shall perform the services described in EXHIBIT "A"—Program Summary in accordance with the terms and conditions of this Contract. 5.2 Use of CDBG Funds. 5.2.1. Compliance with CDBG Regulations and Contract. Agency shall be reimbursed for eligible Program costs with CDBG Funds only if City determines in its sole discretion that: 5.2.1.1 Costs are eligible expenditures in accordance with CDBG Regulations. CDBG 51%PSA CONTRACT 2015-2016 Page 3 Lena Pope Home, Inc. Rev. 10.28.2015 5.2.1.2 Costs are in compliance with this Contract and are reasonable and consistent with industry norms. 5.2.1.3 Complete Documentation, as applicable, is submitted to City by Agency. 5.2.2 Budget. 5.2.2.1 The CDBG Funds will be paid on a reimbursement basis in accordance with EXHIBIT "B" - Budget. 5.2.2.2 During the term of this Contract, Agency may submit written requests to increase or decrease line-item amounts in the Budget, including an explanation of why such increases or decreases are necessary. All requests shall be approved by Director 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 1,2016. 5.2.3 Change in Program Budget. 5.2.3.1 Agency will notify City promptly of any additional funds it receives for operation of the Program, and City reserves the right to amend this Contract in such instances to ensure compliance with HUD regulations governing cost allocation. 5.2.3.2 Agency agrees to utilize the CDBG Funds to supplement rather than supplant funds otherwise available for the Program. 5.2.4 Payment of CDBG Funds to Agency. CDBG Funds will be disbursed to Agency upon City's approval of Reimbursement Requests including submission of Complete Documentation to City in compliance with Section 9. If Agency expends all funds budgeted for the Program prior to September 30, 2016, 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 not spent or approved for reimbursement to Agency shall remain with City. 5.3 .. Program Performance Milestones. 5.3.1 Agency represents that the Program will achieve the following milestones in accordance with EXHIBIT "A"—Program Summary and the table below: CDBG 51%PSA CONTRACT 2015-2016 Page 4 Lena Pope Home,Inc. Rev. 10.28.2015 Unduplicated Clients as specified in EXIIIBIT' "A"—Program Month Expenditures Summa 3 25% 25% 6 50% 50% 9 75% 75% 12 100% 100% 5.3.2 Failure of Agency to meet these milestones or a material deviation from them as outlined in this Section 5.3 is a breach of this Contract. For the purpose of this Section, "material deviation" shall mean more than 10% lower than the specified goal. In the event of such breach, City reserves the right in its sole option to (i) delay or withhold payment of Reimbursement Requests, (ii) lower Agency's allocation of CDBG Funds, or (iii) terminate this Contract. 5.3.3 Failure to meet at least 80% of its performance milestones or serve 100 Unduplicated Clients 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, 2016. Notwithstanding the above, any amendments to this Contract shall not reduce the number of Unduplicated Clients stated in Section 5.3.3 and in EXHIBIT "A" - Program Summary. 5.4 Identify Program Expenses Paid with CDBG Funds. Agency will keep accounts and records in such a manner that City may readily identify and account for Program expenses reimbursed with CDBG Funds. These records shall be made available to City for audit purposes and shall be retained as required hereunder. 5.5 Meet National Objective. Agency shall ensure that the activities carried out in the Program will meet the National Objective. 5.6 Program Subcontracts. Agency shall not enter into a subcontract with another agency, contractor, or vendor to provide a service to clients for any part of the Program that will be paid with CDBG Funds without City's written consent. CDBG 51%PSA CONTRACT 2015-2016 Page 5 Lena Pope Home,Inc. Rev. 10.28.2015 6. CLIENT ELIGIBILITY VERIFICATION. 6.1 Client Eligibility. Agency will document client eligibility as follows: 6.1.1 Agency Clients. Agency must verify all new clients' income with either a verifiable self-certification of income such as the City's Certification Income Statement attached as EXHIBIT "E" —Form of Income Self-Certificationor a similar form approved by City, or Source Documentation. Agency must use the annual income definition in 24 CFR Part 5.609 to establish client income and must use the most current HUD Income Guidelines. The income of all Program clients must be documented and at least 51% of them must be Income Eligible Clients. 6.1.1.1 If Agency serves both Fort Worth and non-Fort Worth clients, the proportion of Program costs allocated to the CDBG-funded portion of the Program Budget must be consistent with the proportion of Fort Worth clients to all clients. 6.1.1.2 All Program clients must be reported on EXHIBIT "D" — Reimbursement Forms, Attachment III. All Program clients whose income has not been verified will be deemed to not be Income Eligible Clients and shall not be included in the 51%. 6.1.2 Program Performance Milestones. 6.1.2.1 Agency represents that the Program will achieve the following Program performance milestones: Program Performance Outcome as specified in EXFHBIT "A"— Month Program Summary 3 =to or>51% Income Eligible 6 =to or>51% Income Eligible 9 =to or>51% Income Eligible 12 =to or>51% Income Eligible 6.1.2.2 If Agency fails to meet these milestones or a there is a material deviation from them, it will have 30 calendar days or until the next monthly invoice to cure. For the purpose of this Section, "material deviation" shall mean more than 10% lower than the specified milestone. 6.1.2.3 City will notify Agency by e-mail within 20 calendar days if the Program performance milestones were not met within the requirements outlined in this Section 6.1.2.2. Agency will have an additional 30 calendar days from the date of the e-mail notice to meet these CDBG 51%PSA CONTRACT 2015-2016 Page 6 Lena Pope Home,Inc. Rev. 10.28.2015 requirements. If Agency fails to submit all the required information, 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. 6.1.2.4 In the event the Agency fails to meet the Program performance milestones, City reserves the right in its sole option to delay or withhold payment of Reimbursement Requests,"to lower Agency's allocation of CDBG Funds, or to terminate this Contract. 6.2 Submission of Complete Documentation. Agency must submit copies of documentation of client eligibility described in Section 6.1 with Attachment III with each month's Reimbursement Request for all Unduplicated Clients. 6.3 Maintain Documentation. Agency must maintain copies of all documentation required by this Section 6 for 5 years following the expiration of the Contract term. This Section shall survive the earlier termination or expiration of this Contract. 7. ADDITIONAL CDBG REQUIREMENTS. Agency agrees to comply with all requirements of the CDBG Program as stated in the CDBG Regulations, including but not limited to the following: 7.1 Environmental Review. CDBG Funds will not be paid, and costs cannot be incurred until City has conducted an environmental review and completed an Environmental Review Record as required by 24 CFR Part 58. The environmental review may result in a decision to proceed with, modify, or cancel the funding for the Program. Further, Agency will not undertake or commit any funds to physical or choice limiting actions as described in any applicable federal regulations. Any violation of this provision will (i) cause this Contract to terminate immediately, and (ii) require Agency to repay City the CDBG Funds it has already received and forfeit any future payments of CDBG Funds. 7.2 Contract Not Constituting Commitment of Funds. Notwithstanding any provision of this Contract, the Parties agree and acknowledge that this Contract does not constitute a commitment of funds, and that such commitment of funds or approval may occur only upon (i) satisfactory completion of 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 2015-2016 Action Plan, and (iii) receipt by City of a grant agreement from HUD. 7.3 Monitoring. 7.3.1 Agency understands and agrees that it will be subject to monitoring by City for compliance with terms and provisions of this Contract and the CDBG Regulations for the term of this Contract. Agency is subject to such monitoring during the term of this Contract and for 5 CDBG 51%PSA CONTRACT 2015-2016 Page 7 Lena Pope Home, Inc. Rev. 10.28.2015 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, 2016 and end on September 30, 2021 regardless of whether or not this Contract is earlier terminated. 7.3.2 Representatives of City, HUD, HUD Office of Inspector General, and the United States Comptroller General shall have access during regular business hours, upon 48 hours prior notice, to Agency's offices and records pertaining to the use of the CDBG Funds, and to Agency's officers, directors, agents, employees, contractors, subcontractors and vendors for the purpose of such monitoring. 7.3.3 In addition to other provisions of this Contract regarding frequency of monitoring, City reserves the right to perform desk reviews or on-site monitoring of Agency's compliance with the terms and conditions of this Contract. City shall provide Agency with a written report of the monitor's findings after each monitoring visit. If the monitoring report notes deficiencies in Agency's performance, the report shall include requirements for the timely correction of said deficiencies by Agency. Failure by Agency to take the action specified in the monitoring report may be cause for suspension or termination of this Contract as provided herein. 7.3.4 Subsections 7.3.1 through 7.3.3 shall be applicable for the Contract term and for 5 years thereafter and shall survive the earlier termination or expiration of this Contract. 7.3.5 Agency shall provide City annually the results of any state or federal monitoring. Such results shall be submitted within 60 days of receipt of such state or federal monitoring report, or with the January Reimbursement Request, whichever is earlier. 7.4 Agency Procurement Standards. Agency shall comply with all applicable federal, state and local laws, regulations, and ordinances for making procurements under this Contract. In addition to the conflict of interest provisions in Section 14.13.3, Agency shall establish written procurement procedures to ensure that materials and services are obtained in a cost effective manner and that provides for full and open competition. When procuring materials and services for this Contract, Agency shall comply at a minimum with the procurement standards in 2 CFR Part 200.317 through Part 200.326. 7.4.1 Contracts in excess of $10,000.00 made by Agency using CDBG Funds must address termination for cause and convenience including the manner by which such termination shall be effected and the basis for settlement of the terminated contract, if any, as required by Appendix II (B), 2 CFR Part 200. 7.4.2 Agency shall not make any contract with parties listed on the governmentwide System for Award Management, www.sam.gov ("SAM"). Agency must confirm by search of SAM that all contractors paid with CDBG Funds are not listed by SAM as being debarred, both prior to hiring and prior to submitting a Reimbursement Request which includes invoices from any such contractor. Failure to submit such proofs of search shall be an event of default. CDBG 51%PSA CONTRACT 2015-2016 Page 8 Lena Pope Home,Inc. Rev. 10.28.2015 7.5 Cost Principles/Cost Reasonableness. Agency shall administer its use of CDBG Funds in compliance with 2 CFR Part 200, as applicable. The eligibility of costs incurred for performance rendered shall be determined in accordance 2 CFR Part 200.400 through 2 CFR Part 200.475. 7.6 Financial Management Standards. Agency agrees to comply with 2 CFR Part 200, as applicable. Agency also agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary supporting and back-up documentation for all costs incurred in accordance with 2 CFR Part 200.302 and Part 200.303. 7.7 Uniform Administrative Requirements. Agency will comply with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards in 2 CFR Part 200, as applicable, or any reasonably equivalent procedures and requirements that City may require. 7.8 Terms Applicable to Contractors, Subcontractors and Vendors. Agency understands and agrees that all terms of this Contract, whether regulatory or otherwise, shall apply to any and all contractors, subcontractors and vendors of Agency which are in any way paid with CDBG Funds or who perform any work in connection with the Program. Agency shall cause all applicable provisions of this Contract to be included in and made a part of any contract or subcontract executed in the performance of its obligations hereunder including its obligations regarding the CDBG Regulations. Agency shall monitor the services and work performed by its contractors, subcontractors and vendors on a regular basis for compliance with the CDBG Regulations and Contract provisions. Agency must cure all violations of the CDBG Regulations committed by its contractors, subcontractors or vendors. City maintains the right to insist on Agency's full compliance with the terms of this Contract and the CDBG Regulations and Agency is responsible for such compliance regardless of whether actions taken to fulfill the requirements of this Contract are taken by Agency or by Agency's contractors, subcontractors or vendors. Agency acknowledges that the provisions of this Section shall survive the earlier termination or expiration of this Contract and shall be applicable for 5 years after the Contract term ends. 7.9 Copyriaht and Patent Rights. No reports, maps, or other documents produced in whole or in part under this Contract shall be the subject of an application for copyright by or on behalf of Agency. HUD and City shall possess all rights to invention or discovery, as well as rights in data, which may arise as a result of Agency's performance under this Contract. 7.10 Conflict of Interest Disclosure. In accordance with the requirements of Section 14.13.2.1 and 14.13.4, Agency shall establish conflict of interest policies for federal awards. Agency shall disclose to City in writing any potential conflict of interest. 7.11 Compliance with FFATA and Whistleblower Protections. Agency shall comply with the requirements of 2 CFR 300(b), including provisions of the CDBG 51%PSA CONTRACT 2015-2016 Page 9 Lena Pope Home,Inc. Rev. 10.28.2015 Federal Funding Accountability and Transparency Act ("FFATA") governing requirements on executive compensation and provisions governing whistleblower protections contained in 10 U.S.C. 2409, 41 U.S.C. 4712, 10 U.S.C. 2324, 41 U.S.C. 4304 and 41 U.S.C. 4310. 7.11.1 Agency shall provide City with its DUNS number. 7.12 Internal Controls. In compliance with the requirements of 2 CFR Part 200.303, Agency shall: 7.12.1 Establish and maintain effective internal control over the CDBG Funds that provides reasonable assurance that Agency is managing the CDBG Funds in compliance with federal statutes, regulations, and the terms and conditions of this Contract. These internal controls shall be in compliance with guidance in "Standards for Internal Control in the Federal Government" issued by the Comptroller General of the United States or the "Internal Control Integrated Framework" issued by the Committee of Sponsoring Organizations of the Treadway Commission ("COSO"); 7.12.2 Comply with federal statutes, regulations, and the terms and conditions of this Contract; 7.12.3 Evaluate and monitor Agency's compliance with statutes, regulations and the terms and conditions of this Contract; 7.12.4 Take prompt action when instances of noncompliance are identified including noncompliance identified in audit findings; and 7.12.5 Take reasonable measures to safeguard protected personally identifiable information and other information that HUD or City designates as sensitive or Agency considers sensitive consistent with applicable federal, state, local and tribal laws regarding privacy and obligations of confidentiality. 8. RECORD KEEPING; REPORTING AND DOCUMENTATION REQUIREMENTS; AUDIT. 8.1 Record Keening. Agency shall maintain a record-keeping system as part of its performance of this Contract and shall promptly provide City with copies of any document City deems necessary for the effective fulfillment of City's monitoring and evaluation responsibilities. Specifically, Agency will keep or cause to be kept an accurate record of all actions taken and all funds spent, with supporting and back-up documentation. Agency will maintain all records and documentation related to this Contract for 5 years after the Contract term ends. If any claim, litigation, or audit is initiated before the expiration of the 5 year period, the relevant records and documentation must be retained until all such claims, litigation or audits have.been resolved. For purposes of this Contract, this 5 year period for record retention is deemed to begin on October 1, 2016 and end on September 30,2021 regardless of whether or not this Contract is earlier terminated. CDBG 51%PSA CONTRACT 2015-2016 Page 10 Lena Pope Home,Inc. Rev. 10.28.2015 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, 2016 and end on September 30, 2021 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. 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 Chance in Reportinia 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 $750,000 or more in Federal Funds Per Year. All non-federal entities that expend $750,000 or more in federal funds within 1 year, regardless of the source of the federal award, must submit to City an annual audit prepared in accordance with specific reference to 2 CFR Part 200.501 through Part 200.521. The audit shall cover the Agency's fiscal years during which this Contract is in force. The audit must be prepared by an independent certified public accountant, be completed within 6 months following the end of the period being audited and be submitted to City within 30 days of its completion. Agency's audit certification is attached hereto as EXHIBIT "C" —"Audit Certification Form" and "Audit Requirements". The Audit Certification Form must be submitted to City prior to or with the first Reimbursement Request. Entities that expend less than $750,000 a year in federal funds are exempt from federal audit requirements for that year, but records must be available for review or audit by appropriate officials of the federal agency, City, and General Accounting Office. 8.5.2 City Reserves the RiLht 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 CDBG 51%PSA CONTRACT 2015-2016 Page I 1 Lena Pope Home,Inc. Rev. 10.28.2015 for such audit. For purposes of this Contract, this 5 year period for City audit is deemed to begin on October 1, 2016 and end on September 30, 2021 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. 9. REIMBURSEMENT REQUIREMENTS. 9.1 Deadline for SubmittinLy Reimbursement Requests. 9.1.1 Reimbursement Requests shall be submitted monthly to the City and must be received by the City on or before the 15th day of the month following the month expenses were paid by Agency. For example, the Reimbursement Request for June expenses must be received by July 15. In the event the 15th falls on a weekend or City holiday, Reimbursement Requests shall be due the next day that the City is open for business. Failure to submit a Reimbursement Request in a timely fashion will result in City taking the actions outlined in Section 10.1. NOTWITHSTANDING ANYTHING ABOVE, THE REIMBURSEMENT REQUEST FOR EXPENSES INCURRED FOR SEPTEMBER 2016 MUST BE RECEIVED BY OCTOBER 1, 2016. COMPLETE DOCUMENTATION FOR ALL SEPTEMBER 2016 EXPENSES MUST BE SUBMITTED BY OCTOBER 15, 2016. FAILURE TO SUBMIT A FINAL REIMBURSEMENT REQUEST WITH COMPLETE DOCUMENTATION BY OCTOBER 15, 2016 WILL RESULT IN 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 2016-2017 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 Submission of Reimbursement Requests. Agency shall provide City with Complete Documentation and the following reports as shown in EXHIBIT "D" —Reimbursement Forms with each Reimbursement Request: 9.2.1 Attachment I—Invoice. This report shall contain the amount requested for reimbursement each month, the cumulative reimbursement requested to date (inclusive of that month's request), and must be CDBG 51%PSA CONTRACT 2015-2016 Page 12 Lena Pope Home,Inc. Rev. 10.28.2015 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 calendar days prior to the date of the Reimbursement Request. 9.2.2.2 For non-payroll expenses, invoices for each expense listed with an explanation as to how the invoiced expense pertains to the Program. Agency may not submit invoices dated 60 calendar days prior to the date of the Reimbursement Request. 9.2.2.3 Proof that each expense was paid by Agency, which proof can be satisfied by cancelled checks, wire transfer documentation, paid receipts or other appropriate banking documentation. 9.2.3 Attachment III—Client Data Report. This report shall list each Unduplicated Client served during the month along with his or her demographic information. The Client Data Report must maintain a list of all clients served during the Contract term. In order for this report to be complete, the following must be submitted: 9.2.3.1 Documentation of income verification for each Unduplicated Client the first time the client is served by the Program, which will either be the completed form of EXHIBIT "E" - Form of Income Self Certification or similar form approved by City, or Source Documentation. 9.2.4 Delivery of Reimbursement Request. Reimbursement Requests can be mailed or delivered in person to Neighborhood Services Department, 908 Monroe Street, Fort Worth, Texas 76102. In addition, Agency can submit Reimbursement Requests via email to psaWortworthtexas.gov, but Agency must submit a signed original of Attachment I by the deadline in Section 9.1.1. 92.5 Countywide Agencies. Countywide Agencies shall submit EXHIBIT "A-2" — Reporting Requirements for Countywide Agencies quarterly with the January, April, July and October Reimbursement Requests. A paper copy must be submitted with the Reimbursement Request, and an electronic copy must also be emailed to psa a,fortworthtexas.gov. CDBG 51%PSA CONTRACT 2015-2016 Page 13 Lena Pope Home,Inc. Rev. 10.28.2015 9.3 Withholdinjj Payment. CITY SHALL HAVE NO OBLIGATION TO PAY 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. 10.1.3 NOTWITHSTANDING THE PROVISIONS OF SECTION 10.1.1 OR 10.1.2, IF AGENCY FAILS TO SUBMIT THE REIMBURSEMENT REQUEST DUE OCTOBER 1, 2016, OR IF THE SUBMITTED REIMBURSEMENT REQUEST FOR OCTOBER 1,2016 IS LATE,INCOMPLETE OR OTHERWISE NOT IN COMPLIANCE WITH THIS CONTRACT OR THE CDBG REGULATIONS AS DETERMINED BY CITY IN ITS SOLE DISCRETION, THERE WILL BE NO CURE PERIOD AND ANY REIMBURSEMENT WILL BE FORFEITED. 10.1.4 In the event of (i) an uncured default under Section 10.1.1 or an event of default under 10.1.2 or (ii) more than 2 instances of default, cured or uncured, under these Sections, City reserves the right at its sole option to terminate this Contract effective immediately upon written notice of such intent with no penalty or liability to City. 10.1.5 Notwithstanding anything to the contrary herein, City will not be required to pay any CDBG Funds to Agency during the period that any Reimbursement Request, report or 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 CDBG 51%PSA CONTRACT 2015-2016 Page 14 Lena Pope Home,Inc. Rev. 10.28.2015 writing and Agency will have 30 calendar days from the date of the written request to obtain or recreate the missing records and documentation or submit or resubmit any such report or documentation to City. If Agency fails to maintain the required reports or documentation, or fails to submit or resubmit any such report or documentation within such time, City shall have the right to terminate this Contract effective immediately upon written notice of such intent with no penalty or liability to City. 10.2.1 In the event of termination under this Section 10.2, all CDBG Funds awarded but unpaid to Agency pursuant to this Contract shall be immediately forfeited and Agency shall have no further right to such funds, and any CDBG Funds paid to Agency must be repaid to City within 30 days of termination. If such CDBG Funds are not repaid to City within the 30 day period, City shall exercise all legal remedies available under this Contract. 10.3 In General. 10.3.1 Subject to Section 10.2, and unless specifically provided otherwise in this Contract, Agency shall be in default under this Contract if Agency breaches any term or condition of this Contract. In the event that such a breach remains uncured after 30 calendar days following written notice by City (or such other notice period as may be specified herein) or, if Agency has diligently and continuously attempted to cure following receipt of such written notice but reasonably requires more than 30 calendar days to cure, as determined by both Parties mutually and in good faith, City shall have the right to elect in City's sole discretion to (i) extend Agency's time to cure, (ii) terminate this Contract effective immediately upon written notice of such intent to Agency, or (iii) pursue any other legal remedies available to City under this Contract. 10.3.2 City's remedies may include: 10.3.2.1 Direct Agency to prepare and follow a schedule of actions for carrying out the affected activities, consisting of schedules, timetables and milestones necessary to implement the affected activities. 10.3.2.2 Direct Agency to establish and follow a management plan that assigns responsibilities for carrying out the remedial activities. 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. CDBG 51%PSA CONTRACT 2015-2016 Page 15 Lena Pope Home,Inc. Rev. 10.28.2015 10.3.3 In the event of termination under this Section 10.3, all CDBG Funds awarded but unpaid to Agency pursuant to this Contract shall be immediately forfeited and Agency shall have no further right to such funds, and any CDBG Funds already paid to Agency must be repaid to City within 30 days of the termination. Failure to repay such CDBG Funds within the 30 day period will result in City exercising all legal remedies available under this Contract. 10.4 No Funds Disbursed while in Breach. Agency understands and agrees that no CDBG Funds will be paid to Agency until all defaults are cured to City's satisfaction. 10.5 No Compensation After Date of Termination. Agency shall not receive any compensation for work undertaken after the date of the termination. 10.6 Rights of City Not Affected. Termination shall not affect or terminate any of the existing rights of City against Agency, or which may thereafter accrue because of Agency's default and this provision shall be in addition to any and all other rights and remedies available to City under the law. Such termination does not terminate any provisions of this Contract that have been expressly noted as surviving the term or termination of the Contract. No delay or omission by City in exercising any right or remedy available to it under this Contract shall impair any such right or remedy or constitute a waiver or acquiescence in any Agency default. 10.7 Waiver of Breach Not Waiver of Subsequent Breach. The waiver of a default or breach of any term, covenant, or condition of this Contract shall not operate as a waiver of any subsequent default or breach of the same or any other term, covenant or condition hereof. 10.8 Civil. Criminal and Administrative Penalties. Failure to perform all the Contract terms may result in civil, criminal or administrative penalties, including, but not limited to those set out in this Contract. 10.9 Termination for Cause. 10.9.1 City may terminate this Contract in the event of Agency's default, inability, or failure to perform subject to notice, grace and cure periods. In the event City terminates this Contract for cause, all CDBG Funds awarded but unpaid to Agency pursuant to this Contract shall be immediately rescinded and Agency shall have no further 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. CDBG 51%PSA CONTRACT 2015-2016 Page 16 Lena Pope Home,Inc. Rev. 10.28.2015 10.9.2 Agency may terminate this Contract if City does not provide the CDBG Funds substantially in accordance with this Contract. 10.10 Termination for Convenience. In terminating in accordance with 2 CFR Part 200, Appendix II, this Contract may be terminated in whole or in part only as follows: 10.10.1 By City with the consent of Agency in which case the Parties shall agree upon the termination conditions, including the effective date and in the case of partial termination, the portion to be terminated; or 10.10.2 By Agency upon at least 30 days written notification to City, setting forth the reasons for such termination, the effective date, and in the case of partial termination, the portion to be terminated. In the case of a partial termination, City may terminate the Contract in its entirety if City determines in its sole discretion that the remaining portion of the Contract to be performed or CDBG Funds to be spent will not accomplish the purposes for which the Contract was made. 10.11 Dissolution of Azency 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. CDBG 51%PSA CONTRACT 2015-2016 Page 17 Lena Pope Home,Inc. Rev. 10.28.2015 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. 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, 2016 and end on September 30, 2021 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. CDBG 51%PSA CONTRACT 2015-2016 Page 18 Lena Pope Home,Inc. Rev. 10.28.2015 14.5 Religious Orizanization. No portion of the CDBG Funds shall be used in support of any sectarian or religious activity. In addition, there must be no religious or membership criteria for clients of a CDBG- funded service. 14.6 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 HeadinjZs for Reference Only, No LeL-al Sijznificance; 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 Relzulations. 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 51%PSA CONTRACT 2015-2016 Page 19 Lena Pope Home, Inc. Rev. 10.28.2015 ➢ 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 person of limited English proficiency ➢ The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. Sections 3601 etseq.) ➢ 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 CDBG 51%PSA CONTRACT 2015-2016 Page 20 Lena Pope Home, Inc. Rev. 10.28.2015 seq.) and implementing regulations at 24 CFR Part 35, subparts A, B, M, and R ➢ Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 CFR Part 200 et seq. ➢ Federal Funding Accountability and Transparency Act of 2006 ("FFATA") (Pub.L. 109-282, as amended by Section 6205(a) of Pub.L. 110-252 and Section 3 of Pub.L. 113-101) ➢ Federal Whistleblower Regulations, as contained in 10 U.S.C. 2409, 41 U.S.C. 4712, 10 U.S.C. 2324, 41 U.S.C. 4304 and 41 U.S.C. 4310. 14.11 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 Part 135.38 ("Section 3") requires that the following clause, shown in italics, be inserted in all covered contracts ("Section 3 Clause"): Section to be quoted in covered contracts begins: "A. The work to be performed tinder this contract is subject to the requirements of Section 3 of Housing and Urban Development Act of 1968, as amended, 12 U.S.C. section 1701 a (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 CDBG 51%PSA CONTRACT 2015-2016 Page 21 Lena Pope Home,Inc. Rev. 10.28.2015 training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The contractor agrees that it will include this Section 3 clause in every subcontract to comply with regulation in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The contractor will not subcontract with any subcontractor where it has notice or knowledge that the subcontractor has been found in violation of regulations in 24 CFR Part 135. E. The contractor will certify that any vacant employment positions, including training positions that are filed: (1) after the contractor is selected but before the contract is executed, and(2) with persons other than those to whom the regulations of 24 CFR Part 135. The contractor will not subcontract with any subcontractor where it has notice or knowledge that the subcontractor has been found in violation of regulations in 24 CFR Part 135. F. Noncompliance with HUD's regulation in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension fi°om 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 450(e) also applies to the work to be performed under this Contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii)preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and Section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with Section 7(b). " Section to be quoted in covered contracts ends. 14.11.2 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; CDBG 51%PSA CONTRACT 2015-2016 Page 22 Lena Pope Home,Inc. Rev. 10.28.2015 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 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 Aizainst 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 Part 570.607 and Chapter 17, Article III, Division 4 — Fair Housing of the City Code. Agency may not discriminate against any person because of race, color, sex, gender, religion, national origin, familial status, disability or perceived disability, sexual orientation, gender identity, gender expression, or transgender, nor will Agency permit its officers, members, agents, employees, or clients to engage in such discrimination. 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 CDBG 51%PSA CONTRACT 2015-2016 Page 23 Lena Pope Home,Inc. Rev. 10.28.2015 agrees that Agency, its officers, members, agents, employees and contractors, have fully complied with all provisions of same and that no employee, or applicant for employment has been discriminated against under the terms of such ordinances by either or its officers, members, agents, employees or contractors. 14.12.2 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. CDBG 51%PSA CONTRACT 2015-2016 Page 24 Lena Pope Home,Inc. Rev. 10.28.2015 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, 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. Conflicts of Interest and Violations of Criminal Law. 14.13.1 Agency Safeguards. Agency shall establish safeguards to prohibit its employees, board members, advisors and agents from using positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business or other ties. Agency shall disclose to City any such conflict of interest or potential conflict of interest, immediately upon discovery of such. 14.13.2 General Prohibitions Against Confilcts of Interest. No employees, agents, consultants, officers or elected officials or appointed officials of City or of Agency who exercise or have exercised any functions or responsibilities with respect to activities assisted with CDBG funds or who are in a position to participate in a decision- making process or gain inside information with regard to these activities may utilize CDBG services, may obtain a financial interest or benefit from a CDBG-assisted activity, or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties, during their tenure or for I year thereafter, unless they are accepted in accordance with the procedures set forth at 24 CFR Part 570.611. 14.13.2.1 Agency shall establish conflict of interest policies for federal awards including the CDBG Funds and shall disclose in writing potential conflicts of interest to City as authorized by 2 CFR Part 200.112. 14.13.3 Conflicts of Interest Involving Procurement. The conflict of interest provisions of 2 CFR Part 200.318 shall apply in the procurement of property and services by Agency. In all cases not governed by this Section, the provisions of 24 CFR Part 570.611 of the CDBG Regulations shall apply. CDBG 51%PSA CONTRACT 2015-2016 Page 25 Lena Pope Home,Inc. Rev. 10.28.2015 14.13.3.1 As more particularly described in 2 CFR Part 200.318, Agency shall maintain and submit to City written standards of conduct covering conflicts of interest and governing the performance of its employees engaged in the selection, award, and administration of contracts. No employee, officer, or agent may participate in the selection, award, or administration of a contract supported by a federal award if he or she has a real or apparent conflict of interest. The standards of conduct must provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of Agency. 14.13.3.2 The officers, employees, and agents of Agency shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. 14.13.3.3 Notwithstanding the prohibition contained in Section 14.13.3.2, Agency may set standards of conduct for situations in which the financial interest is not substantial or the gift is an unsolicited item of nominal value. Such standards of conduct must provide for disciplinary actions to be applied for violations of such standards by Agency's officers, employees or agents. 14.13.3.4 Agency shall maintain written standards of conduct covering organizational conflicts of interest. Organizational conflicts of interest means that because of relationships with a parent company, affiliate, or subsidiary organization, Agency is unable or appears to be unable to be impartial in conducting a procurement action involving a related organization. 14.13.3.5 Agency must maintain records sufficient to detail the history of procurement. These records will include, but are not necessarily limited to the following: rationale for the method of procurement, selection of contract type, contractor selection or rejection, and the basis for the contract price. 14.13.4 Disclosure of Conflicts of Interest. In compliance with 2 CFR Part 200.112, Agency is required to timely disclose to City in writing any potential conflict of interest. 14.13.5 Disclosure of Texas Penal Code Violations. Agency affirms that it will adhere to the provisions of the Texas Penal Code which prohibit bribery and gifts to public servants. 14.13.6 Disclosure of Federal Criminal Law Violations. In compliance with 2 CFR Part 200.113, Agency is required to timely disclose to City all violations of federal criminal law involving fraud, bribery or gratuity violations potentially affecting the Agency. CDBG 51%PSA CONTRACT 2015-2016 Page 26 Lena Pope Home,Inc. Rev. 10.28.2015 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 that are paid for, in part or in full, with the CDBG Funds, Agency agrees to abide by City's policy to involve Minority Business Enterprises and Small Business Enterprises and to provide them equal opportunity to compete for contracts for construction, provision of professional services, purchase of equipment and supplies and provision of other services required by City. Agency agrees to incorporate the City's BDE Ordinance, and all amendments or successor policies or ordinances thereto, into all contracts and subcontracts for procurement larger than $50,000.00 or larger that are paid for, in part or in full, with the CDBG Funds and will further require all persons or entities with which it so contracts to comply with said ordinance. 14.14.2 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. 14.14.2.1 In order to comply with federal reporting requirements 24 CFR Part 570.506 (g)(6), Agency must submit the form attached hereto as EXHIBIT "I" — MBE Reporting Form for each contract or subcontract with a value of$10,000.00 or more paid or to be paid with the CDBG Funds. Agency shall submit this form by the date specified in EXHIBIT "I"—MBE Reporting Form. 14.15 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. Rilzht 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 CDBG 51%PSA CONTRACT 2015-2016 Page 27 Lena Pope Home,Inc. Rev. 10.28.2015 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 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 CDBG 51%PSA CONTRACT 2015-2016 Page 28 Lena Pope Home,Inc. Rev. 10.28.2015 INDEMNITY BY AGENCY TO INDEMNIFY AND PROTECT CITY FROM THE CONSEQUENCES OF CITY'S OWN NEGLIGENCE, WHETHER THAT NEGLIGENCE IS ALLEGED TO BE THE SOLE OR CONCURRING CAUSE OF THE INJURY,DAMAGE OR DEATH. AGENCY AGREES TO AND SHALL RELEASE CITY, ITS AGENTS, EMPLOYEES, OFFICERS AND LEGAL REPRESENTATIVES FROM ALL LIABILITY FOR INJURY, DEATH, DAMAGE OR LOSS TO PERSONS OR PROPERTY SUSTAINED IN CONNECTION WITH OR INCIDENTAL TO PERFORMANCE UNDER THIS CONTRACT, EVEN IF THE INJURY, DEATH, DAMAGE OR LOSS IS CAUSED BY CITY'S SOLE OR CONCURRENT NEGLIGENCE. AGENCY SHALL REQUIRE ALL OF ITS CONTRACTORS AND SUBCONTRACTORS TO INCLUDE IN THEIR CONTRACTS AND SUBCONTRACTS A RELEASE AND INDEMNITY IN FAVOR OF CITY IN SUBSTANTIALLY THE SAME FORM AS ABOVE. 16. WAIVER OF IMMUNITY BY AGENCY. If Agency, as a charitable or nonprofit organization, has or claims an immunity or exemption (statutory or otherwise) from and against liability for damages or injury, including death, to persons or property, Agency hereby expressly waives its rights to plead defensively such immunity or exemption as against City. This Section shall not be construed to affect a governmental entity's immunities under constitutional, statutory or common law. 17. INSURANCE AND BONDING. Agency will maintain coverage in the form of insurance or bond in the amount of $75,000.00 to insure against loss from the fraud, theft or dishonesty of any of Agency's officers, agents, trustees, directors or employees. The proceeds of such insurance or bond shall be used to reimburse City for any and all loss of CDBG Funds occasioned by such misconduct. To effectuate such reimbursement, such fidelity coverage shall include a rider stating that reimbursement for any loss or losses shall name the City as a Loss Payee. Agency shall furnish to City in a timely manner, but not later than the Effective Date, certificates of insurance as proof that it has secured and paid for policies of commercial insurance as specified herein. If City has not received such certificates by the Effective Date, Agency shall be in default of the Contract and City may, at its option, terminate the Contract. Such insurance shall cover all insurable risks incident to or in connection with the execution, performance, attempted performance or nonperformance of this Contract. Agency shall maintain the following insurance coverage and limits: Commercial General Liability(CGL) Insurance $ 500,000 each occurrence $1,000,000 aggregate limit CDBG 51%PSA CONTRACT 2015-2016 Page 29 Lena Pope Home,Inc. Rev. 10.28.2015 Non-Profit Organization Liability or Directors & Officers Liability $1,000,000 Each Occurrence $1,000,000 Annual Aggregate Limit Business Automobile Liability Insurance $1,000,000 each accident on a combined single-limit basis, or $ 250,000 Property Damage $ 500,000 Bodily Injury per person per occurrence $2,000,000 Aggregate Insurance policy shall be endorsed to cover"Any Auto", defined as autos owned, hired, and non-owned. Pending availability of the above coverage and at the discretion of City, the policy shall be the primary responding insurance policy versus a personal auto insurance policy if or when in the course of Agency's business as contracted herein. Workers' Compensation Insurance Part A: Statutory Limits Part B: Employer's Liability $100,000 each accident $100,000 disease-each employee $500,000 disease-policy limit Note: Such insurance shall cover employees performing work on any and all projects including but not limited to construction, demolition, and rehabilitation. Agency or its contractors shall maintain coverages, if applicable. In the event the respective contractors do not maintain coverage, Agency shall maintain the coverage on such contractor, if applicable, for each applicable contract. Additional Requirements Such insurance amounts shall be revised upward at City's reasonable option and no more frequently than once every 12 months, and Agency shall revise such amounts within 30 days following notice to Contractor of such requirements. Agency will submit to City documentation that it has obtained insurance coverage and has executed bonds as required in this Contract prior to payment of any monies provided hereunder. Where applicable, insurance policies required herein shall be endorsed to include City as an additional insured as its interest may appear. Additional insured parties shall include employees, officers, agents, and volunteers of City. Any failure on part of City to request certificate(s) of insurance shall not be construed as a waiver of such requirement or as a waiver of the insurance requirements themselves. Insurers of Agency's insurance policies shall be licensed to do business in the state of Texas by the Department of Insurance or be otherwise eligible and authorized to do business in the state of CDBG 51%PSA CONTRACT 2015-2016 Page 30 Lena Pope Home, Inc. Rev. 10.28.2015 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. Directors and Officers Liability coverage shall be in force and may be provided on a claims- made basis. This coverage may also be referred to as Management Liability, and shall protect the insured against claims arising out of alleged errors in judgment, breaches of duty and wrongful acts arising out of their organizational duties. Coverage shall protect not only the entity, but all past, present and future directors, officers, trustees, employees, volunteers and committee members. Notwithstanding any provision in this Contract to the contrary, when applicable, Agency shall comply with the requirements of 2 CFR 200.310 and shall, at a minimum, provide the equivalent insurance coverage for real property and equipment acquired or improved with CDBG Funds as provided to property owned by Agency. 18. CERTIFICATION REGARDING LOBBYING. The undersigned representative of Agency hereby certifies, to the best of his or her knowledge and belief, that: No federal appropriated funds have been paid or will be paid, by or on behalf of Agency, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan or cooperative agreement. If any funds other than federally appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, member of Congress in connection with this federal contract, grant, loan or cooperative agreement, Agency shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. CDBG 51%PSA CONTRACT 2015-2016 Page 31 Lena Pope Home, Inc. Rev. 10.28.2015 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. 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: Neighborhood Services Department 1000 Throckmorton Street Fort Worth, TX 76102 Attention: Assistant Director Telephone: 817-392-7540 Copy to: Neighborhood Services Department 1000 Throckmorton Street Fort Worth, TX 76102 Attention: Program Coordinator Telephone: 817-392-6342 CDBG 51%PSA CONTRACT 2015-2016 Page 3 1-1 Lena Pope Home,Inc. Rev. 10.28.2015 Astency: Lena Pope Home, Inc. Sonya Mosley 3131 Sanguinet Street Fort Worth, TX 76107 Telephone: 817-255-2676 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. [SIGNATURES APPEAR ON NEXT PAGE] CDBG 51%PSA CONTRACT 2015-2016 Page 31-2 Lena Pope Home,Inc. Rev. 10.28.2015 IN WITNESS WHEREOF,the Parties hereto have executed 4 duplicate originals of this Contract in Fort Worth,Tarrant County,Texas. ATTEST: CITY OF FORT WORTH By: City Secretary Fernando Costa,Assistant City Manager M&C: G-18521 Date: August 4,2015 APPROVED AS TO FORM AND LEGALITY: Assistant City Attorney LENA POPLI #OME,INC. By: Name: e � Title: z RE CORD FE WORTI-1,TX CDBG 51%PSA CONTRACT 2015-2016 Page 32 Lena Pope Hone,Inc. Rev.09.01.2015 IN WITNESS WHEREOF, the Parties hereto have executed 4 duplicate originals of this Contract in Fort Worth, T,=-ant County, Texas. ATTEST �� CITY OF FORT WORTH n � �� .. �, By: ity Se et I Fernando Costa, Assistant City Manager ex M&C: 8521 00 Date: Aug ust 4 201 ©�"WQ,O,ar� APPROVED AS TO FORM AND LEGALITY: Assistant City Attorney LENA POPE HOME, INC. By: Name: Todd A. Landry Title: CEO OFFICIAL RECORD CITY iE"'iQ�u� ' E°'" ' uiRY CDBG 51%PSA CONTRACT 2015-2016 Page 32 Lena Pope Home,Inc. Rev. 10.28.2015 EXHIBITS: EXHIBIT "A"—Program Summary EXHIBIT "A-1"—2015 HUD Income Limits EXHIBIT "A-2" —Reporting Requirements for Countywide Agencies EXHIBIT "B"—Budget EXHIBIT "C"—Audit Certification Form EXHIBIT "D"—Reimbursement Forms EXHIBIT "E"—Form of Income Self-Certification EXHIBIT "F" —Standards for Complete Documentation EXHIBIT "G"—Section 3 Reporting Forms EXHIBIT "H"—Severely Disabled Certification Form EXHIBIT "I" —MBE Reporting Form CDBG 51%PSA CONTRACT 2015-2016 Page 33 Lena Pope Home,Inc. Rev. 10.28.2015 LENA POPE HOME EXHIBIT "A" Second Opportunity for Success PROGRAM SUMMARY PROGRAM SUMMARY (CDBG) October 1, 2015 to September 30, 2016 $75,000.00 PERIOD AMOUNT Capitalized terms not defined herein shall have meanings assigned them in the Contract. PROGRAM: The Program will provide counseling to youth ages 13 to 19 years and their families for the purpose of reducing juvenile crime and delinquency. Program services include group life-skill improvement classes and counseling for parents and their children. Upon completion of the group portion of the Program, client progress will be monitored and clients will be provided with follow-up case management. Agency is a Countywide Agency that provides services to Fort Worth and no less than 10% of Non-Fort Worth clients through a Fort Worth program and Non-Fort Worth program. The Program serves Fort Worth clients only, and Agency will submit documentation which verifies that 51% of Program clients are Income Eligible Clients with current household incomes at or below 80% of AMI. Agency will also submit quarterly reports as required through EXHIBIT "A-2"—Reporting Requirements for Countywide Agency Programs. CDBG Funds will be used to pay for a percentage of salaries and fringe benefits for Program employees. The percentage of salaries for Program employees will not exceed the percentage of - Fort Worth clients participating in the Program. Agency's office and Program services will be available at 3200 Sanguinet St., Fort Worth, TX 76107, Monday through Friday during regular business hours. Group services and intake will be held Wednesday and Thursday evenings from 6:00 p.m. to 8:00 p.m. Intakes will be scheduled prior to the group classes to be held from 5:00 p.m. to 6:00 p.m. REGULATORY CLASSIFICATION: IDIS Matrix Code(s) and Service Category: 05 Other Public Services National Objective Citation: LMC Low/Mod Limited Clientele 24 CFR 570.208(a)(2) Regulatory Citation(s): 24 CFR 570.201(e) CDBG 51%PSA CONTRACT 2015-2016—EXHIBIT"A"—PROGRAM SUMMARY Page 1 Lena Pope Home PROGRAM GOALS: Minimum Countywide Agency Program Performance Outcome: At least 51% of Fort Worth clients must be Income Eligible Clients. For example, if 800 clients out of 1,000 clients served by the Countywide Agency are from Fort Worth, 408 of those Fort Worth clients must also be Income Eligible Clients. In this example, Agency would be required to furnish City 800 Certification of Income Statements that prove at least 408 of the Fort Worth clients served by the Program are Income Eligible Clients. The 200 Non-Fort Worth clients will be reported in the quarterly reports through EXHIBIT "A-2" — Reporting Requirements for Countywide Agency Programs. Minimum Number of Fort Worth Clients to be Served: The Program must serve a minimum of 125 Unduplicated Clients from Fort Worth as shown by the monthly reports on Attachment III. When determining the number of clients which constitutes 51%, HUD regulations require that partial numbers must be rounded up. CDBG 51%PSA CONTRACT 2015-2016—EXHIBIT"A"—PROGRAM SUMMARY Page 2 Lena Pope Home EXHIBIT "A-1" 2015 HUD INCOME LIMITS 2015 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 $14,650 $16,750 $20,090 $24,250 $28,410 $32,570 $36,730 $40,890 50%AMI $24,400 $27,900 $31,400 $34,850 $37,650 $40,450 $43,250 $46,050 80% AMI $39,050 $44,600 $50,200 $55,750T $60,250 $64,700 $69,150 $73,600 *Income limits are published at least annually by HUD. CDBG 51%PSA CONTRACT 2015-2016--EXHIBIT"A-1"—2015 HUD INCOME LIMITS Page 1 Lena Pope Home, Inc. EXHIBIT 46A-2" REPORTING REQUIREMENTS FOR COUNTYWIDE AGENCIES CDBG 51%PSA CONTRACT 2015-2016--EXHIBIT"A-2" REPORTING REQUIREMENTS FOR COUNTYWIDE AGENCIES Page I Lena Pope Home,Inc. Lena Pope Home, Inc. REPORTING REQUIREMENTS FOR COUNTYWIDE AGENCIES Quarterly Report The purpose of the Quarterly Report is for the Countywide Agencies to report the number of non-Fort Worth clients who participate in the Program. The Quarterly Report must be submitted with the January, April, July and October Reimbursement Requests. A paper copy must be submitted with the Reimbursement Request, and an electronic copy must also be emailed to psagfortworthtexas.gov. The information provided in the Quarterly Report will be reviewed and monitored by the Neighborhood Services Department Compliance Division. TOTAL OF • #OF FORT •-T WORTH DUE DA ••-TING RANGE WORTH SERVED BY THE 'CLIENTS WOR CLIENTS PROGRAM A B C D E F EXAMPLE: 250 200 450 250=450=55% January 15,2016 October 1,2015— December 31,2015 April 15,2016 January 1,2016— March 30,2016 July 15,2016 April 1,2016— June 30,2016 September 20,2016 July 1,2016— September 20,2016 TOTAL I, Agency representative, certify that I verified the information I reported this quarter and it is correct to the best of my knowledge. Certified by: Date: Signature/Title: CDBG 51%PSA CONTRACT 2015-2016--EXHIBIT"A-2" REPORTING REQUIREMENTS FOR COUNTYWIDE AGENCIES Page 2 Lena Pope Home, Inc. EXHIBIT B -BUDGET Account Grant Budget A B C TOTAL ADMINISTRATIVE 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 73,024 73,024 FICA 2002 1,976 3,610 5,586 Life Insurance 2003 599 599 Health Insurance 2004 21,010 21,010 Unemployment 2005 753 753 Worker's Compensation 2006 1,088 1,088 Retirement 2007 3,244 3,244 SUPPLIES AND SERVICES Office Supplies 3001 5,578 5,578 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 preapproved by City) 4005 Food Supplies 4006 Teaching Aids 4007 Mileage 1,650 1,650 Other(EE Benefits,Prof.Services,Admin Ex ) 37,528 37,528 FACILITY AND UTILITIES Telephone 5001 Electric 5002 Gas 5003 Water and Wastewater 5004 12,132 12,132 Solid Waste Disposal 5005 Rent(City needs copy of lease before expenses can be reimbursed) 5006 Custodial Services 5007 6,265 6,265 Repairs 5008 Cleaning Supplies 5009 LEGAL,FINANCIAL AND INSURANCE Fidelity Bond or Equivalent 6001 Directors and Officers 6002 General Commercial Liability 6003 1,460 1,460 Contract Accounting 6005 DIRECT ASSISTANCE Childcare Scholarships 7001 Short-term Rent Assistance 7002 Short-term Mortgage Assistance 7003 Short-term Utilities Assistance 7004 OTHER EXPENSES TOTAL 75,000 94,319 169,319 FUNDING A:LENA POPE FUNDING B: FUNDING C: CDBG 51%PSA CONTRACT 2014-2015—EXHIBIT"B"—BUDGET Page 1 Lena Pope Home,Inc. The following tables were created for the purpose of preparing, negotiating, and determining the cost reasonableness and cost allocation method used by the Agency for the line item budget represented on the first page of this EXHIBIT "B" — Budget. The information reflected in the tables is to be considered part of the terms and conditions of the Contract. Agency must have prior written approval by the City to make changes to any line item in the Budget as outlined in Section 5.2.2 in the Contract. The deadline to make changes to EXHIBIT "B" —Budget is June 1, 2016. SALARY DETAIL Position Name Hourly Rate Annual Hours Percent to Grant Amount to Grant Community 31.34 2080 10% 6,520 Based Services Supervisor Administrative 16.50 2080 30% 10,296 Assistant Family Therapist 19.64 2080 4% 1,634 Family Specialist 19.98 2080 56% 23,134 Family Specialist 21.54 2080 56% 24,940 Family Specialist 18.54 2080 17% 6,500 TOTAL 265,283.20 27.5% 73,024 FRINGE DETAIL Percent of Amount Percent to Grant Amount to Grant Payroll FICA 7.65% 5,598 35.2% 1,976 Life Insurance Health Insurance Unemployment Workers Compensation Retirement TOTAL 5,598 35.2% 1,976 SUPPLIES AND SERVICES Total Budget Percent to Grant Amount to Grant Office Supplies Office Equipment Rental Postage Printing MISCELLANEOUS Total Budget Percent to Grant Amount to Grant Contract Labor Craft Supplies Facility Fees Field Trip Costs Food Supplies Teaching Aids CDBG 51%PSA CONTRACT 2014-2015—EXHIBIT"B"—BUDGET Page 2 Lena Pope Home,Inc. 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 FINANCIAL AND INSURANCE Total Budget Percent to Grant Amount to Grant Fidelity Bond (or Equivalent) General Commercial Liability Directors and Officers Contract Accounting DIRECT ASSISTANCE Total Budget Percent to Grant Amount to Grant Childcare Scholarships Short-Term Rent Assistance Short Term Mortgage Assistance Short Term Utilities Assistance Tenant Based Rental Assistance CDBG 51%PSA CONTRACT 2014-2015—EXHIBIT"B"—BUDGET Page 3 Lena Pope Home,Inc. EXHIBIT "C" AUDIT CERTIFICATION FORM CDBG 51%PSA CONTRACT 2015-2016—EXHIBIT"C"—AUDIT CERTIFICATION FORM Page I Lena Pope Home,Inc. AUDIT CERTIFICATION FORM AND AUDIT REQUIREMENTS Agency: Lena Pope Horne,Inc. Fiscal Year Ending: September 30,2016 ❑ During the fiscal year in which funds will be received, we will exceed the federal expenditure threshold of $750,000. We will have our Single Audit or Program Specific Audit completed and will submit the audit report described in 2 CFR Part 200 within 7 months after the end of the audited fiscal year or 30 days within its completion, whichever is the earlier date. urmg the fiscal year in which funds will be received, we will not exceed the $750,000 federal expenditure threshold required for a Single Audit or a Program Specific Audit to be performed this fiscal year. (Fill out schedule below) Federal Expe�d�ture Disclosure. r, , MUST be filled out if Single,Audit or-,P, rogram.Audit i"s NOT re wired.: Pass Through ' Prograru Naive 8 Contxact .. Federal Grantor "` :. - Expenditures Grator , '. ' CFDA Number, I`Iumb er w qtr a�' a q g W M G,19 tz era ' ,& W � m V24 4 k . 0 49`+ ( - 1 2S Total Federal Expenditures for this Fiscal Year: Signatory and Title Date Failure to submit this or a similar statement or failure to submit a completed single audit package as described in the federally required audit requirements described in 2 CFR Part 200, as applicable, by the required due date may result in suspension of funding and may affect . eligibility for future funding. Notwithstanding the above, this certification acknowledges the agency's commitment to meet all other financial reporting, financial statements, and other audit requirements as may be set forth in the Contract. CDBG 51%PSA CONTRACT 2015-2016—EXHIBIT"C"—AUDIT CERTIFICATION FORM Page 2 Lena Pope Home,Inc. EXHIBIT "D" REPORTING FORMS CDBG 51%PSA CONTRACT 2015-2016—EXHIBIT"D"—REPORTING FORMS Page I Lena Pope Home,Inc. ATTACHMENT I Invoice Agency: Address: City, State, Zip: I Program: Period of Service: � i Amount Program This Invoice Cumulative to Date ;Agency's Certification: By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and !the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. 1 am aware that any false, fictitious or fraudulent information, or the lomission of any material fact, may subject me to criminal, civil, or administrative penalties for fraud, false statements, false claims, or otherwise. U.S. Code Title 18, Sec. 1001 and Title 31, Sec. 3729-3730 and 3801-3812. Signature and Date:' Name: Title: CDBG 51%PSA CONTRACT 2015-2016—EXHIBIT"D"—REPORTING FORMS Page 2 Lena Pope Home,Inc. ATTACHMENT II Expenditure Worksheet City of Fort Worth Neighborhood Se"ices Department Expenditure Worksbeet Agency: Prog arr: Highlighted are the only relesant codes for this Program. Please eroup like account codes. Account Code(See Expense ISne Item Tire No Clack Noy !Pee Desert .onf Rev to Right) Amount Account 1 ADhiRVISTR,111VE(110 PWA0 n1 x), 2 Salaries 1001 3 FICA 1002 4 Life Insurance 1003 5 Healthlusurance 1004 6 Disabilitv huumme 1005 7 Ummm osanent-State 1006 8 Legal&Acc.urfirg 1007 q PROGRAIIIPERSONNEL 10 'Salaries 2001 11 FICA 2002 12 Life Insurance 2003 13 Health Insurance 2001 14 Unem os�nent 2005 15 NET 's en Co nsation 2006 16 Retherrt 2007 17 SUPPLIL+SAND SERVICES 18 Ofhce S ies 3001 1q Office ui ream Remit 3002 20 postage 3003 21 P'inting 3004 22 hUSCRLTANEOUS 23 Conference&Seminars 4001 24 Corstmctior✓Buildi gMaterials 4002 25 Contract Labor 4003 26 Craft Supplies 4004 27 Credit Re rts 4005 28 Fxilit Fees 4006 29 FietdTri Costs 4007 30 Food Supplies 4008 31 Mile,,-e 4009 32 TeachinzAids 4010 33 FACILTIYAND UTR:PIIES 34 Telephone 5001 35 Electric 5002 36 Gas 5003 37 Wmerand Waste-ter 5004 38 Solid Waste Disposal 5005 39 Rent 5006 40 Custodial Sersices 5007 41 Re 'rs 5008 42 171csupplies 5009 43 LEG MAN AND INSURANCE 44 Fdelit'Bond or 'salem 6001 45 Directors and Officers 6002 46 General Conmemial Liabilitv 6003 47 Le Fees 6004 48 Corntmct Ac<aumi 6005 49 DIRECl'ASSLSTANCE'. 50 Childcare Sch larsln s 7001 51 Counseling-Indiyidum Sessions 7002 52 Counseling-Group Sessions 7003 53 Start-term Rem Assistance 7001 54 Short-term Mortgage Assistance 7005 55 Short-term Utilities Assistance 7006 56 Tenant Based Rental Assistance 7007 57 CAPITALOIITLAY 58 Furniture.Fi trees 8001 59 Con mars 8002 60 Office vi mere 8003 Total Spnt aW Recreation or 8004 'Payroll must idemify employee.Rem must idwify tempt.Other payaents should id:mify individuals,if applicable. CDBG 51%PSA CONTRACT 2015-2016—EXHIBIT"D"—REPORTING FORMS Page 3 Lena Pope Home,Inc. ATTACHMENT III Client Data Report ]tlr 1 ilitilt vpii il 11 (at b 101 p 0. 6} p LL ab f 1 d] 9dmd ] I i & 1 mh 11 Z Id LISfN[f{lpf: aYd deli pn pMN rYithisil 111v4 14 1 N 4 1 <Um W fl ini t U Pre i f rmrdUpl ilT s 11 ' mdva( st eatasss, ¢, m,em..:&evev+le4Y+nl.hvrrmev4ferWni .1)t ro9Yn4hilWeYevdmperll.tYgT•Iilb sl(sW{halvenaaend 6,IWprtie lvabepenv.ivfYt Prvdroez lvbrnvioalere.d<I1sNiLledbter mmthvefY6uKrsp lerarnillanna«tedivn® 1 YvlT. LSdv gvihr ClmRE]?M0.1'SH Plemehlgh• Iev.Nr LLe momh. Ctl!MtfAT3YEUvd�asvkd CllenY ;.•Pn ved Oievl CeUPn CVV1nR il:afidilnlvveA[e18U[YNf •a mlrtwelbe rbmBeimh..�Y.oss.ml..ffi.kd areia+21J. 1 2 2A 3 4 5 6 ] 8 9 50 ll 1E u¢]atPn PN6N S_X h'aiYRTh' RiGE '.fIIIL\tiu� (Ytctr l3n), {Y6+Ie Um7. (5a£aeeml 41L.1te (�'pcbuvstolUe SCCL�) tl°t'-v': 2. 1. cw) A>ff3)[v �.:ASB JI-FM1i.: ,• %BZrh]¢ i-ifBT t21£i[, ql g¢]H IcGTt4V �,� TAnoaEB _ ui4.A � 4n.+cvoaN aH'[-a]ai t7Edee/?C181Ej iq.m.AdYcm) ,.. � .u�t.wv �� ianau 4AYYS.. TEh6tT'a Lvvlau.. Pt.��.. t'� U.hB'.Vti ,fiR A+V, Rlirtx au�AU as[ v i9 ss So P.M1NAV aNq: ;I4A Atw•&,Vt ,tF81CAV BLtg u01.TPia UO .]Y)Y 4& UR mtGR. NAUYE:. +asnY A�t1 � RAt£ 1 � � -,. NoN uwn;.t� uuc.:P.ume. uv S a*v ,+_vv .udr�v mmq±a xi1'. �n. w �a vtwly wa ]I;4tE Insnca xiav�ac>affiuxx r..r1rvP uuv..u�x,.v Issvv.�uima axt>E; uwle uw� Au�w-..v m+:s• i ua:.mss ]a�.'a. 11 CDBG 51%PSA CONTRACT 2015-2016—EXHIBIT"D"—REPORTING FORMS Page 4 Lena Pope Home,Inc. EXHIBIT "E" INCOME CERTIFICATION FORMS CDBG 51%PSA CONTRACT 2015-2016--EXHIBIT`E"--INCOME CERTIFICATION FORMS Page 1 Lena Pope Home,Inc. Lena Pope Home, Inc. CERTIFICATION OF INCOME STATEMENT Applicant Name: Current Address: Phone Household Members and Income (Including Applicant) Last Name First Name Age Monthly Source/Employer Name Income "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 forALL household members are required. CDBG 51%PSA CONTRACT 2015-2016--EXHIBIT`B"--INCOME CERTIFICATION FORMS Page 2 Lena Pope Home,Inc. Lena Pope Home, Inc. CERTIFICACI6N DE DECLARACION DE INGRESOS Nombre del Solicitante: Domicilio Actual: Numero de Telefono: Miembros en el Ho ag r e In rg esos (Incluir el/la solicitante) Apellido Nombre Edad Ingreso Fuente de Ingresos/Nombre de Empleador Mensual **INFORMACION PERSONAL:(Seleccione uno en cada categoria. Informacion opcional para prop6sitos de informacion 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 MUJER Y CABECERA DEL HOGAR? ❑HISPANO ❑ SI ❑ SI ❑NO-HISPANO ❑NO ❑NO *NOMERO 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 informacion que proporciono es verdad y podria ser susceptible a la comprobacion a cualquier tiempo por terceros. Yo tambien reconozco que la provisi6n de informacion falsa me podria dejar sujeto a las penalidades Federales, Estatales y locales. ADVERTENCIA: TITULO 18,SECCION 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 ----------------- ara use de em leados de la a encia----------------- #De Miembros de Familia: Ingreso Anual: Limite de Ingreso: �Es solicitante elegible? Compruebe si el solicitante se nego a dar su informacion personal: ❑ Evaluacion del empleado sobre informacion personal: Persona haciendo la determinaci6n: Fecha: Note: La direccion de la casa y los ingresos (y sus origenes) pares todos nrienibros del hogar son requeridos. CDBG 51%PSA CONTRACT 2015-2016--EXHIBIT"E"--INCOME CERTIFICATION FORMS Page 3 Lena Pope Home, Inc. EXHIBIT "F" STANDARDS OF DOCUMENTATION CDBG 51%PSA CONTRACT 2015-2016--EXHIBIT"F"-- STANDARDS OF DOCUMENTATION Page 1 Lena Pope Home, Inc. 2015-2016 Documentation Standards for CDBG Public Service Contract Expenses Budget Line E 0 Employee Salaries and Benefits;-City will only reimburse,a percentage of any employee's salary and'benefits who work'directly with the CDBG-funded Program.. Aercentages will be cost allocated and determined prior to the execution of the CDBG,Contract. Agencies requesting the reimbursement of'100%of any Agency employee will require prior City approval.'Agencies must show calculation on how the-CDBG portion of employee'salaries and benefits were calculated consistently with the CDBG Contract. If an employee works on both a CDBG eligible and non-CDBG eligible program(s),the City will only reimburse for a reasonable portion of the employee's salary. Prior to the execution of the CDBG Contract,the Agency will priovide the City with a written statement on how each employee's time will be allocated. If an employee works 100%of their time directly with the CDBG-funded Program,then 100%of the employee's salary may be eligible for reimbursement. Agency must submit a written statement that 100%of the employee's time is spent working directly with the CDBG-funded Program. Statements must be signed by a person authorized to sign on behalf of the Agency and will be submitted with the October invoice. Salaries X x- Reimbursement requests must include a timesheet and work log that reflects the hours worked by the employee(s)working directly on the CDBG-funded Program. For employees who are paid with multiple funding sources,timesheets must reflect all funding sources. If separate timesheets are kept for each funding source,all such timesheets must be submitted to City. Timesheets must be signed by employee and supervisor. Agency must show a calculation and documentation of how the employee's salary was calculated and invoiced to City. 'If employees are paid by direct deposit rather than check,then the agency must submit both the direct deposit payment company's report(such as an ADT report)and a bank statement or check showing payment to the direct deposit company. FICA/Medicare X X1 I Life Insurance X X Health X X If the Cit y pays gross salary,'this is alread y included.If the City pays the employer portion,the Agency must provide roof that the Insurance employee is enrolled in the benefit plan,must show a calculation and documentation of how the invoiced amount was calculated, and Disability Insurance X X must provide documentation showing payment. Unemployment X X Insurance If the City pays gross salary,this is already included.If the City pays the employer portion,the Agency must provide proof that the Retirement X X employee is enrolled in the benefit plan,must show a calculation and documentation of how the invoiced amount was calculated,and must provide documentation showing payment. Materials,Equipment,Goods and Supplies-City will only reimburse for the cost allocated percent or amount spent in support of the CDBG-funded Program. Agencies requesting reimbursement for these items will require prior City approval. Agencies must show calculation on how the CDBG portion of these expenses were calculated' consistently with the CDBG Contract. OfficeSupplies X X1 I I I X Office Equipment X X X X X Rental Postage X X X Printing X X X Construction& Building X X X X This category is only available for the REACH Program. Materials Sport and Recreation X X X E ui ment Cleaning X X X Supplies Teaching Aids X X X Craft Supplies X X X Food Supplies X X I I I X This category is only available to the Program provided by Meals on Wheels. Rent, Utilities and Maintenance-City will only pay for a portion of these expenses. The portion of these expenses will be determined by the square footage attributable to the CDBG-funded Program and shall be cost-allocated in accordance with the amount of space used for the CDBG-funded Program.These expenses may only be in support' of the CDBG=funded'Program'.The-items listed below require prior City approval and the Agency is required to identify any funding source that pays for the portion of the expenses that is not,paid with CDBG funds..Agencies must show calculation on how the CDBG portion of these expenses were,calculated consistently with the CDBG Contract. Telephone X X Gas X X Water/Wastew X X ater Electric X X Solid Waste X X Facility This item requires approval by the City prior to the execution of the CDBG Contract. Repairs may be categorized as major/minor Maintenance X X X X rehabilitation projects and must be approved through the full HUD Environmetal Review. and Repairs Rent X X X City will pay for a portion of the rent for the Program facility so long as its in proportion to the square footage attributable to the CDBG- funded program. CDBG 51%PSA CONTRACT 2015-2016 EM1ibd"F"—STANDARDS FOR COMPLETE DOCUMENTATION 1 Miscellaneous This item requires prior approval by the City. Prior to the execution of the CDBG Contract,the Agency must submit a written statement that lists the contract labor services to be used during the Contract term. Agency will submit a memo related to the procurement of such Contract Labor X X X X X services and will forward any information pertaining to the procurement process to City. This requirement applies to,but is not limited to, services retained for security services,legal,accounting,transportation providers,educational facilitators,custodial services,etc. Agencies may not use the contract services of any City of Fort Worth Department. City-required X X City will only pay for a percentage of the City-required insurance so long as it's in proportion to the square footage attributable to the Insurance CDBG-funded program. City requires that the agency submit its fee schedule or formula on how the Agency calculates the childcare scholarship amount. The fee schedule/formula should demonstrate a breakout of income levels,and for each income level the schedule should demonstrate, Childcare X X which portion of the expense is to be paid"by the family and which portion of the expense is to be reimbursed by the City. A fee Scholarships schedule/formula must be submitted to the City prior to the first payment. Agency must submit documentation supporting that the client is income eligible and that the household is being charged in conformance with the fee schedule. If the fee schedule/formula changes at any time during the contract term,the Agency must immediately notify City on the date the new fee schedule/formula takes into effect. "$0"Income Agecies that are required to verify and provide proof of household income to determine eligibility,must require that anyone who is over Certifications the age of 18,living in the housohold,submit a$0 Income Certification. If an audit is required because federal funds exceed$750,000,then the cost should be split evenly by all grant funding sources. Agency Audit Services X X X X must show calculation on how the CDBG portion of the accounting services were calculated. For example,if the CDBG grant is 10%of your Agency's budget,then invoice shall not exceed 10%of the overall cost. Agency must show a calculation and documentation of how the invoiced amount was calculated,and must provide documentation showing payment. *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 Check Stub,"Advice",or Statement AND Bank Statement indicating payroll;OR, D)For wire or e-transfers:Reciept or statement from payee/vendor OR bank statement. Revised 08 22 2015 1hr CDBG 51%PSA CONTRACT 2015-2016 E>d1ib@"F"--STANDARDS FOR COMPLETE DOCUMENTATION 1 EXHIBIT "G" SECTION 3 REPORTING FORMS CDBG 51%PSA CONTRACT 2015-2016--EXHIBIT"G"-- SECTION 3 REPORTING FORMS Page 1 Lena Pope Home,Inc. 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 Office: 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 Traininq 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 202/811 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(11/2010) 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$900,000 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 II: 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 CDBG 51%PSA CONTRACT 2015-2016—EXHIBIT"H"—SEVERELY DISABLED CERTIFICATION FORM Page 1 Lena Pope Home, Inc. Lena Pope Home, Inc. CERTIFICATION FORM DOCUMENTING CLIENT STATUS AS "SEVERELY DISABLED ADULT" Client Name: Address: City, State, Zip Client Identification No. CHECK ALL THAT APPLY ❑ Has used a wheelchair, a walker, cane , crutches or other special aid for six months or longer Has been diagnosed with one of the following conditions: Alzheimer's ❑ disease, mental retardation or other developmental disability, senility or dementia, cerebral palsy, or autism; or has another mental or emotional condition that seriously interferes with everyday tasks. Is unable to perform one or more of the following "Functional Activities": ❑ seeing, hearing, speaking and having one's speech understood, lifting or carrying, using stairs, grasping small objects, or walking. Is unable to perform or needs assistance to perform one or more of the ❑ following Activities of Daily Living (ADL): getting around inside the home, getting in or out of bed or a chair, bathing, dressing, eating, and toileting. Is unable to perform or needs assistance to perform one or more of the following Instrumental Activities of Daily Living (IADL): going outside the ❑ home, keeping track of money and bills, preparing meals, doing light housework, taking prescription medications in the right amount and at the right time, and using the telephone. ❑ Has a condition that prevents them from working at a job or doing housework. The undersigned Agency representative conducted a visual assessment of the client identified on this form and certifies that the client meets at least one of the conditions indicated above, which determines that he/ she meets the definition of"severely disabled" according to the U.S. Census Bureau. Certified by: Date: Signature/Title: CFW Neighborhood Services Dept.: Revised 08.30.2013 CDBG 51%PSA CONTRACT 2015-2016—EXHIBIT"H"—SEVERELY DISABLED CERTIFICATION FORM Page 2 Lena Pope Home,Inc. 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M&C Review Official CITY COUNCIL AGE N6A, �ORTWQRTH CONTINUED FROM A PREVIOUS WEEK 17NS DATE: 7/28/2015 REFERENCE G-18521 LOG NAME: HUDACTIONPLANPY2015- NO.: 2016 CODE: G TYPE: NOW PUBLIC YES CONSENT HEARING: SUBJECT: Conduct Two Public Hearings and Approve the City's 2015-2016 Action Plan for the Use of Federal Grant Funds in the Amount of$9,820,979.00 from the United States Department of Housing and Urban Development from the Community Development Block Grant, HOME Investment Partnerships Program, Emergency Solutions Grant and Housing Opportunities for Persons with AIDS Grant Programs, Authorize Collection and Use of Program Income, Authorize Waiver of Application of Indirect Cost Rates, Authorize Execution of Related Contracts and Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council: 1. Conduct two public hearings to allow citizen input and consideration of the City's 2015-2016 Action Plan for use of federal grant funds from the United States Department of Housing and Urban Development in the amount of $9,820,979.00 from the Community Development Block Grant, HOME Investment Partnerships Program, Emergency Solutions Grant and Housing Opportunities for Persons with AIDS grant programs and for the use of program income from activities using prior years' federal grant funds; 2. Approve the City's 2015-2016 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 $50,000.00 of program income, which resulted from activities using prior years' Community Development Block Grant fund, for the reconstruction of City streets; 4. Authorize the collection and use of an estimated $200,000.00 of program income, which resulted 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 for a one-year term with the agencies listed in Tables 1, 2 and 3 below for Program Year 2015-2016 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 for up to one year if an agency or department requests an extension and such extension is necessary for completion of the program or to amend the contracts if necessary to achieve program goals provided any amendment is within the scope of the program and in compliance with City policies and all applicable laws and regulations governing the use of federal grant funds; http://apps.cfwnet.org/council_packet/me review.asp?ID=21233&councildate=8/4/2015[8/5/2015 8:44:59 AM] M&C Review 7. Authorize a waiver of indirect cost rates as applicable for the Grants Fund in accordance with the City's Administrative Regulations; and 8. Adopt the attached appropriation ordinance increasing the estimated receipts and appropriations to the Grants Fund in the total amount of $9,820,979.00 consisting of $6,332,270.00 in Community Development Block Grant funds, $1,934,447.00 in HOME Investment Partnerships Program funds, $552,108.00 in Emergency Solutions Grant funds and $1,002,154.00 in Housing Opportunities for Persons with AIDS grant funds, plus any program income, all subject to receipt of such funds. DISCUSSION: The City's 2015-2016 Action Plan summarizes the major housing and community development activities and proposed expenditures for the program year beginning October 1, 2015 and ending September 30, 2016 for use of federal grant funds totaling $9,820,979.00 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. It 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 20, 2015 and to the City Council at its Pre-Council meeting on June 16, 2015. Notice of a 30-day public comment period from July 1, 2015 to July 31, 2015 was published in the Fort Worth Star-Telegram on June 28, 2015. Any comments received will be maintained by the Neighborhood Services 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 28, 2015 and the second on August 4, 2015 at which time the City Council is scheduled to approve the Action Plan. In addition, public hearings were held on June 18, 2015 at 11:30 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 2015-2016 Action Plan must be submitted to HUD by August 14, 2015. CDBG For Program Year 2015-2016, it is recommended that the amount of $6,332,270.00 in CDBG funds and the estimated amount of$50,000.00 of CDBG program income be allocated as follows: Public Services -$949,840.00 This item includes social services for low to moderate income, disabled and disadvantaged populations. Housing Programs and Services -$2,175,600.00 This item includes funding for the City's Priority Repair Program, Cowtown Brush-Up, homebuyer and housing services, accessibility modifications to the homes of senior and/or disabled individuals and related project delivery costs for these programs. Infrastructure Services -$1,201,521.53 This item includes funding for the reconstruction of neighborhood streets. http://apps.cfwnet.org/council_packet/mc_review.asp?ID=21233&councildate=8/4/2015[8/5/2015 8:44:59 AM] M&C Review CDBG Economic Development -$738,854.47 This item is the City's annual payment on its Section 108 loan from HUD. CDBG Estimated Program Income -$50,000.00 This item includes funding for the reconstruction of City streets in addition to the funds listed above under Infrastructure Services. CDBG program income that is received which is over the estimated amount but not used for reconstruction of City streets will be allocated to priority activities in the City's Consolidated Plan subject to Council approval. CDBG General Administration -$1,266,454.00 This item includes costs for administering the CDBG grant including allocations for Financial Management Services, Internal Audit and Transportation and Public Works Departments. HOME For Program Year 2015-2016, it is recommended that the amount of $1,934,447.00 in HOME funds and the estimated amount of $200,000.00 of HOME program income be allocated as follows: Homebuyer Assistance Program (HAP) -$1,097,400.00 This item includes funding for down payment and/or closing cost assistance to low and moderate income homebuyers. Community Development Housing Organizations (CHDO) Set Aside -$290,168.00 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 by Tarrant County Housing Partnership, Inc. (TCHP), a CHDO, to construct additional single family houses for the 21 lot Hardy Street Single Family Infill Development in the Diamond Hill-Jarvis neighborhood (Council District 2). The houses will be sold to homebuyers making at or below 80 percent of area median income set by HUD. Single-Family Development -$353,435.00 This item includes funding for construction by TCHP of additional single family houses for the Hardy Street Single Family Infill Development. HOME General Administration -$193,444.00 This item includes costs for administering the HOME grant. HOME Estimated Program Income -$200,000.00 This item includes funding for the City's HAP for closing cost and/or down payment assistance in addition to the funds listed above. HOME program income that is received which is over the estimated amount but not used for HAP will be allocated to priority activities in the City's Consolidated Plan subject to Council approval. HUD allows the City to take 10 percent of any HOME program income to be used for the costs for administering the HOME grant. HOPWA For Program Year 2015-2016, it is recommended that the amount of $1,002,154.00 in HOPWA funds be allocated as follows: Non-Profit Service Providers -$972,090.00 HOPWA Program Administration -$30,064.00 ESG http://apps.cfwnet.org/council_packet/mc review.asp?[D=21233&councildate=8/4/2015[8/5/2015 8:44:59 AM] M&C Review For Program Year 2015-2016, it is recommended that the amount of$552,108.00 in ESG funds be allocated as follows: Non-Profit Service Providers -$510,700.00 ESG Program Administration -$41,408.00 CONTRACT RECOMMENDATIONS The CDC and Staff recommend that contracts be executed with the listed agencies for the amounts shown in the following tables: Community Development Block Grant Contracts: F_ Table 1 - CDBG Agencies Organization Program — Amount Cenikor Foundation Substance Abuse F$ 000.00 Senior Citizen Services of Greater Tarrant Senior Services $ 75,000.00 County Inc. YMCA of Metropolitan Fort Worth Child Care Services $ 75,000.00 YWCA of Fort Worth and Tarrant County Child Care Services $ 49,840.00 Clayton Child Care Inc. d/b/a Clayton YES! Child Care Services $ 75,000.00 Girls Inc. of Tarrant County Youth Services $ 75,000.00– Camp Fire First Texas Youth Services �75,000.00 Lena Pope Home, Inc. i Youth Services $ 75,000.00 —-- --------- --- Employment/Job--- �--75,000.00 The Ladder Alliance Training Tarrant County Housing Partnership, Inc. Housing Counseling $ 75,000.00 and Education Case Presbyterian Night Shelter Management/Main $ 75,000.00 Shelter The Salvation Army, a Georgia Corporation Homeless Services $ 75,000.00 Meals on Wheels, Inc. of Tarrant County Home-delivered $ 75,000.00 Meals Program CDBG Public Service Subtotal $ 949,840.00 Rehabilitation, Education and Advocacy for Project Ramp I $ 100,000.00 Persons with Handicaps, dba REACH, Inc.** Total CDBG Contracts J $1,049,840.00 "REACH will be funded from the CDBG Housing Programs and Services budget. http://apps.cfwnet.org/council_packet/mc_review.asp?ID=21233&councildate=8/4/2015[8/5/2015 8:44:59 AM] M&C Review Housing Opportunities For Persons With AIDS Contracts: Table 2 - HOPWA Agencies Organization F Program Amount Tarrant County Administration (seven percent), Supportive Services, $420,063.00 Samaritan and Facility Based Housing Subsidy Assistance Housing, Inc. AIDS Administration (seven percent), Supportive Services, — Outreach Tenant Based Rental Assistance (TBRA), and Short $552,027.00 Center, Inc. Term Rent Mortgage and Utility Assistance (STRMU) TOTAL HOPWA $972,090.00 Contracts Emergency Solutions Grant Contracts: Table 3 - ESG Agencies Organization Program Amount [[ Safe��Haven of Tarrant County Shelter Services $104,265.00 Presbyterian Night Shelter Shelter Services $ 85,908.00 Day Resource Center for the Homeless Shelter Services $141,092.00 The Salvation Army, a Georgia Homelessness Corporation Prevention 1$10 0,000.00 YWCA Fort Worth and Tarrant County Rapid Re-Housing $ 79,435.00 TOTAL ESG Contracts F$610,700.00 These programs are available in ALL COUNCIL DISTRICTS. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations, 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 21001 4310013 019CDBG $6,332,270.00 http://apps.cfwnet.org/council_packet/me review.asp?ID=21233&councildate=8/4/2015[8/5/2015 8:44:59 AM] M&C Review 21001 5XXXXXX 019CDBG $6,332,270.00 21001 4310013 019HOME $1.934.447.00 21001 5XXXXXX 019HOME $1.934.447.00 21001 4310013 019ESG $552.108.00 21001 5XXXXXX 019ESG $552.108.00 21001 4921001 019CDBG $50,000.00 21001 5XXXXXX 019CDBG $50,000.00 21001 4310013 019HOPWA $1002.154.00 21001 5XXXXXX 019HOPWA $1.002,154.00 21001 4921001 019HOME $200.000.00 21001 5XXXXXX 019HOME $200.000.00 Submitted for City Manager's Office by_ Fernando Costa (6122) Originating Department Head: Allison Gray (8030) Additional Information Contact: Avis Chaisson (6342) Leticia Rodriguez (7319) ATTACHMENTS 17NS HUDACTIONPLANPY2015-2016 GR76 AO FY2015 docx Action Plan 15 16 FINAL MandC Slides LHR pddf Proposed 2015 CDBG Infrastructure Project MandC pdf http://apps.cfwnet.org/council_packet/me review.asp?ID=21233&councildate=8/4/2015[8/5/2015 8:44:59 AM]