HomeMy WebLinkAboutContract 35726 CITY SECRETARY �J
CONTRACT NO.
STATE OF TEXAS
COUNTY OF TARRANT
THIS contract ("Contrast") is made and entered into by and between the City of Fort Worth ("City"),
whose address is 1000 Throc kmorton St., Fort`worth Texas 76102, acting by and through Dale A. Fisseler,its
duly authorized Assistant City Manager, and Clayton YES ("Contractor"), whose address is 1215 Country
Club Lane, Fort Worth, TX 76112 acting by and through Ms. Frankie McMurrey, its duly authorized
Executive Director. (Sometimes City and Contractor are referred to individually as a "Party" and collectively
as the "Parties".)
WHEREAS, City has received grant monies from the United States Department of Housing and Urban
Development ("HUD") under Title 1 of the Housing and Community Development Act of 1974, as
amended, (42 USC 5301 et seq.) for utilization in connection with its Community Development Block Grant
("CDBG"), Program No. B-07-MC-48-0010, for Year XX 111;
WHEREAS, one of the national objectives of the CDBG program is to benefit low and moderate
income citizens (the "National Objective");
WHEREAS, the assigned Catalog of Federal Domestic Assistance (CFDA) number is 14.218 for this
Federal program; and
WHEREAS City citizens, the Community Development Council, and the City Council have determined
that CDBG programs are needed by the City's low and moderate-income citizens.
NOW,THEREFORE,THIS AGREEMENT FURTHER WITNESSETH:
THAT, the Parties covenant and agree as follows:
1. Scope of Services
a. Contractor will administer Child Care Services services to citizens of the City of Fort Worth under the
program name Greenbrier Preschool ("Program"), for the term June 1, 2007 to May 31, 2008.
b. Contractor will be responsible for administering Greenbrier Preschool in a manner satisfactory to the
Grantee and consistent with any standards required as a condition of providing the CDBG funds (as
hereinafter defined). The Program will include the following CDBG eligible activities: Contractor will
provide the services and activities as set forth in Exhibit A-Program Summary in accordance with
Exhibit B-Program Services Schedule.
c. Contractor agrees to meet the National Objective of activities benefiting low and moderate-income
individuals and to maintain full documentation supporting fulfillment of this National Objective in its
files as defined in 24 CFR 570.208. Contractor certifies that the activities carried out under this
Contract will serve low and moderate-income persons. Contractor will obtain information on family
size and income of Program participants. All such documentation shall be furnished to City upon
request if necessary for City to fulfill its obligations under its Federal grant. If this documentation is
not maintained and furnished to City on request, City may exercise all remedies available under this
Contract, including the right to withhold payment to Contractor on this Contract or any other
contract with Contractor, or terminate this Contract as described herein.
d. City will monitor and evaluate Contractor's performance using the goals and performance standards
required in this Contract. Substandard performance as determined by City monitoring will constitute
non-compliance with this Contract. If action to correct such substandard erformanccfef\(/iis,��not taken by
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Contractor within a reasonable period of time after being notified in writing by City,procedures to
suspend or terminate the Contract will be initiated.
e. If applicable, Contractor shall comply and assist City in complying with the provisions of any federal
requirements regarding displacement,relocation and/or real property acquisition.
f. Contractor agrees to take reasonable steps to ensure meaningful access to the Program and associated
activities by limited English proficient persons.
2. Compensation and Method of Payment
a. City will disburse CDBG funds ("CDBG Funds") in an amount up to Eighteen Thousand and
No/100 Dollars ($18,000) to Contractor on a reimbursement of expenses basis.
b. Payment will be processed by City following receipt from Contractor of the following monthly
financial documents: (1) Attachment I- Request For Funds, (2) Attachment II-Detail Statement of
Costs, and (3) Attachment III-Expenditures Worksheet. Payment by City to Contractor shall require
completion of all City forms and copies of adequate supporting documentation verifying eligibility of
expenses as well as, where applicable, eligibility of Program participants. Reimbursement for the
payment of eligible expenses shall be made against the budget specified in Exhibit C-Program
Operating Budget and in accordance with performance specified in Exhibit B-Program Services
Schedule. City is under no obligation to disburse funds for expenditures that occurred prior to the
first day of the month for which the reports are submitted.
c. Contractor agrees to utilize all disbursed CDBG Funds for the benefit of the Program. Contractor
agrees that all funds will be expended in accordance with Exhibit C-Program Operating Budget.
Contractor may not increase or decrease line-item amounts in the approved CDBG Funds portion of
Exhibit C-Program Operating Budget without City's prior written approval.
d. It is understood that the total cost for operation of this Program is $625,506.00 that Contractor will
obtain from other sources the remaining funds in excess of the CDBG Funds as detailed in Exhibit
C-Program Operating Budget. Contractor will notify City promptly of any additional funds it
receives for operation of the Program, and City reserves the right to amend Exhibit C-Program
Operating Budget in such instances.
e. Contractor agrees to keep all CDBG Funds on hand in interest bearing accounts. All interest earned
shall be reported to City on a monthly basis, at the same time as submission of the monthly report
following the end of the Contract month during which the interest was earned. Interest in an amount
of $25.00 or less per month may be used for authorized Program expenses. These amounts must be
reported on the monthly financial statements filed pursuant to this Contract. Interest earned in excess
of $25.00 per month is subject to remittance to City as directed by City.
f. Contractor will not commingle CDBG Funds with any other funds in any manner that would prevent
City from readily identifying expenditures for operation of the Program.
3. Uniform Administrative Requirements and Program Management Standards
a. Financial Management
i. Accounting Standards
Contractor agrees to comply with OMB Circular A-110, "Uniform Administrative Requirements
for Grants and Agreements with Institutions of Higher Education, Hospitals and other Non-
Profit Organizations", and agrees to adhere to the accounting principles and procedures required
therein, utilize adequate internal controls, and maintain necessary source documentation for all
costs incurred.
ii. Cost Principles
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Contractor shall administer the Program in conformance with OMB Circular A-122, "Cost
Principles for Non-Profit Organizations" and attachments and revisions thereto, regarding
principles for determining costs for the Program.
b. Documentation and 1. ecord Keeping
i. Requirement
Contractor shall �aintain all records pertinent to the activities to be funded under this Contract
required in 24 CFR � 570.506. In addition, Contractor agrees to keep records to fully document
all expenditures charged to the CDBG portion of the Program, including records documenting
the eligibility of Program participants as more particularly described herein. The documentation
must support the amounts charged to the Program, the eligibility of the Program participants, and
demonstrate that the expenditures were appropriate to the stated goals of the Program and
allowable under applicable Federal, state and City guidelines.
ii. Retention
(1) All records pertaining to Program shall be retained for four (4) years following the termination
of this Contract. Contractor may destroy Program records at the end of this four (4) year
period if no outstanding audit finding exists.
(2) Contractor will retain any Program loan records until four (4) years after the expiration of any
loan.
iii. Real Property Records
Contractor shall maintain real property inventory records that clearly identify properties
purchased, improved, or sold. Properties retained shall meet eligibility criteria, and shall conform
to the requirements of 24 CFR § 570.505.
iv. Closeouts
Contractor's obligation to City shall not end until all closeout requirements are completed.
Activities during this closeout period shall include, but are not limited to: making final payments,
disposing of Program assets (including the return of all unused materials, equipment, unspent
cash advances, Program income balances, and accounts receivable to City), and determining the
custodianship of records.
v. Audits and Inspections
(1) City, HUD, and the United States Comptroller General, or their respective representatives,
shall have access to any books, documents, records and papers relating to the operations of
Contractor under this Contract for the purpose of audit, examination, exception and
transcription at all of Contractor's offices at all reasonable hours.
(2) All non-federal entities that expend $500,000 or more in Federal funds within one (1) year,
regardless of the source of the Federal award, must submit to City an annual audit prepared
in accordance with 24 CFR Sections § 570.502-570.503 generally, with specific reference to
OMB Circulars (with attachments) A-122, "Cost Principles for Non-Profit Organizations",
and A-133, "Audits of States, Local Governments, and Non-Profit Organizations", as
appropriate. The audit may cover either Contractor's fiscal year during which this Contract
is in force or cover the period of this Contract. The audit must be prepared by an
independent certified public accountant, be completed within twelve (12) months following
the end of the period being audited and be submitted to City within thirty (30) days of its
completion. Contractor's audit certification is attached hereto as Exhibit D -Audit Schedule
Independent Audit Requirement. The Audit Schedule Form must be submitted to City
within sixty (60) days of the end of the period being audited (Contractor's fiscal year).
Costs of preparation of this audit may be an allowable expenditure of CDBG Funds in an
amount proportional to that of the CDBG Funds used in Contractor's total agency
operating budget. Non-profit entities that expend less than $500,000 a year in Federal funds
are exempt from Federal audit requirements for that year, but records must be available for
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review or audit by appropriate officials of the Federal agency, City, and General Accounting
Office ("GAO").
(3) City reserves the right to perform an audit of Contractor's agency operations and finances at
any time during the term of this Contract,if City determines that such audit is necessary for
City's compliance with OMB Circular A-133. Contractor agrees to allow access to all
relevant bo�ks, records and materials. If such audit reveals a questioned practice or
expenditure, such questions must be resolved within fifteen (15) days after notice to
Contractor. 'If questions are not resolved within this period, City reserves the right to
withhold further funding under this and/or future contract(s) with Contractor.
(4) If as a result of any audit it is determined that Contractor has misused, misapplied or
misappropriated all or any part of the CDBG Funds, Contractor agrees to reimburse the
City the amount of such monies so misused, misapplied or misappropriated, plus the
amount of any sanction, penalty or other charge levied against City because of such misuse,
misapplication or misappropriation.
4. Reporting Procedures
a. Financial Reports
Contractor will submit to City on a monthly basis: (1) Attachment I-Request for Funds, (2)
Attachment II-Detailed Statement of Costs, (3) Attachment III-Expenditures Worksheet, as
applicable, for expenses incurred for services and activities accomplished by Contractor in
performance of this Contract. Actual cash receipts for claimed expenditures must be provided at the
time the request for funds is presented. The reports must be signed by a duly authorized agent of the
Contractor and submitted by the 15'h of the month following the month being reported. City is
under no obligation to disburse funds for expenditures that occurred prior to the firs day of the
month for which the report is submitted.
b. Progress Reports
Contractor will submit to City on a monthly basis: (1) Attachment IVa-Program Services Report, (2)
Attachment IVb-Direct Benefit Data Report, (3) Attachment V-Performance Report, and (4)
Attachment VI-Client Data Report for services and activities undertaken by Contractor in
performance of this Contract. The report will be signed by a duly authorized agent of Contractor
and submitted by the 151h of the month following the month that is reported. City is under no
obligation to disburse funds for expenditures that occurred prior to the firs day of the month for
which the report is submitted.
c. Program Income
Contractor agrees that all program income from operation of the Program in proportion to the
amount of CDBG Funds received hereunder will be expended prior to expending CDBG Funds and
that any such program income is subject to the terms of this Contract. Contractor may expend
CDBG Funds only if program income is insufficient to meet all eligible Program activity expenses.
Contractor agrees to return to City at the end of the Contract any remaining program income earned
from operation of the Program in proportion to the amount of CDBG Funds in Exhibit A-Program
Summary and Exhibit B-Program Operating Budget.
d. Procurement
i. Compliance
Contractor shall comply with City policy concerning the purchase of equipment and shall
maintain inventory records of all non-expendable personal property, as defined by such policy,
procured with funds provided under this Contract.
ii. OMB Standards
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Contractor shall procure all materials, property, or services in accordance with the requirements
of 24 CFR Part �4, Procurement Standards and Property Standards, as modified by 24 CFR Part
570.502(b)(6), covering utilization and disposal of property.
e. Program Participant RI cords
i. Contractor will keep or cause to be kept an accurate record of all actions taken and all CDBG
Funds expended,::with source documents, in performance of this Contract. Such records shall be
kept for the time period mandated by the CDBG Regulations and this Contract.
ii. Contractor will obtain and keep on file and furnish to City on request the following information
and/or documentation on each Program participant served by the Program demonstrating such
participant's eligibility for services provided:
a. Participant's name, address, annual income level or other basis for determining income
eligibility, and family size of participant's household.
b. Source documentation used for income verification including but not limited to pay check
stubs, food stamp award letters, income tax returns, SSI award letters, letters awarding
unemployment benefits,W2s and the like.
c. City shall have the final determination, in its sole discretion, as to whether source
documentation used for income verification is adequate.
5. reversion of Assets
a. Contractor agrees to return to City any CDBG Funds remaining on hand at the end of the Contract.
b. All property purchased with CDBG Funds under this Contract will be used solely for operation of
the Program. Contractor agrees to obtain City approval prior to purchase of property and Contractor
agrees to notify City upon receipt of property so that it may be properly tagged and inventoried. Tide
to such property will be vested in City, and Contractor will deliver all such property to City for
disposition at City's sole discretion at the termination of the Program.
6. Applicable Laws
a. Federal
Contractor agrees to comply with the following laws and the applicable regulations as they are
currently written or are hereafter amended during performance of this Contract:
• Regulations at 24- CFR Part 570 pertaining to CDBG ("CDBG Regulations")
• Title VI of the Civil Rights Act of 1964 (42 USC 2000d et seq.)
• Title VIII of the Civil Rights Act of 1968 (42 USC 3601 et seq.)
• Executive Orders 11063, 11246, as amended by Executive Orders 11375 and 12086 and as
supplemented by 41 CFR Part 60
• The Age Discrimination in Employment Act of 1967 (29 USC 621)
• The Age Discrimination Act of 1975 (42 USC 6101 et seq.)
• Section 504 of the Rehabilitation Act of 1973 (29 USC 794 et seq.) and 24 CFR Part 8 where
applicable
• The Americans with Disabilities Act of 1990 (42 USC 12101 et seq)
• National Environmental Policy Act of 1969, as amended, 42 USC 4321 et seq. ("NEM') and the
related authorities listed 24 CFR Part 58
• The Clean Air Act, as amended (42 USC 7401 et seq.), the Clean Water Act of 1977, as amended
(33 USC 1251 et seq.) and the related EPA regulations at 40 CFR Part 15, as amended from time to
time, and Executive Order 11738. In no event shall any amount of the assistance provided under
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this Contract be utilized with respect to a facility that has given rise to a conviction under the Clean
Air Act or the Clem Water Act.
• The Immigration Reform and Control Act of 1986 (8 USC 1101 et seq.), specifically including the
provisions requiring employer verification of the legal status of its employees
• The Housing and Community Development Act of 1987 (42 USC 5301 et seq.)
• The Americans,�xrilth Disabilities Act of 1990 (42 USC 12101 et seq.)
• Drug Free Workplace Act of 1988 (41 USC 701 et seq.) and 24 CFR Part 23, Subpart F
• Regulations as 24 CFR Part 87 related to lobbying,including the requirement that certifications and
disclosures be obtained from all covered persons
• Executive Order 12549 and 24 CFR Part 5.105 (c) pertaining to restrictions on participation by
ineligible, debarred, or suspended persons or entities.
b. Section 3 of the Housing and Urban Development Act of 1968, as amended, (12 USC 1701u et seq.
and its related regulations at 24 CFR Part 135
As the work to be performed under this Contract is on a project assisted under a program providing
direct Federal financial assistance from HUD, Section 3 of 24 CFR 135.38 ('`Section 3") requires that
the following clause be inserted in all covered contracts ("Section 3 Clause"):
"A. The work to be performed under this contract is subject to the requirements of section 3 of the
Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The
purpose of Section 3 is to ensure that employment and other economic opportunities generated
by HUD assistance or HUD-assisted projects covered by Section 3, shall, to the greatest extent
feasible, be directed to low- and very low-income persons, particularly persons who are
recipients of HUD assistance for housing.
B. The Parties to this contract agree to comply with HUD's regulations in 24 CFR Part 135, which
implement Section 3. As evidenced by their execution of this contract, the Parties to this
contract certify that they are under no contractual or other impediment that would prevent them
from complying with the Part 135 regulations.
C. The contractor agrees to send to each labor organization or representative of workers with
which the contractor has a collective bargaining agreement or other understanding, if any, a
notice advising the labor organization or workers' representative of the contractor's
commitments under this section 3 clause, and will post copies of the notice in conspicuous
places at the work site where both employees and applicants for training and employment
positions can see the notice. The notice shall describe the Section 3 preference, shall set forth
minimum number and job titles subject to hire, availability of apprenticeship and training
positions, the qualifications for each; and the name and location of the person(s) taking
applications for each of the positions; and the anticipated date the work shall begin.
D. The contractor agrees to include this section 3 clause in every subcontract subject to compliance
with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an
applicable provision of the subcontract or in this Section 3 clause, upon a finding that the
subcontractor is in violation of the regulations in 24 CFR Part 135. The contractor will not
subcontract with any subcontractor where the contractor has notice or knowledge that the
subcontractor has been found in violation of the regulations in 24 CFR Part 135.
E. The contractor will certify that any vacant employment positions, including training positions,
that are filled (1) after the contractor is selected but before the contract is executed, and (2) with
persons other than those to whom the regulations of 24 CFR Part 135 require employment
opportunities to be directed, were not filled to circumvent the contractors obligations under 24
CFR Part 135.
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F. Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions,
termination of this contract for default, and debarment or suspension from future HUD
assisted contracts.
G. With respect to work performed in connection with Section 3 covered Indian housing
assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25
U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires
that to the greatest extent feasible (i) preference and opportunities for training and employment
shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be
given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract
that are subject to the provisions of section 3 and section 7(b) agree to comply with Section 3 to
the maximum extent feasible, but not in derogation of compliance with section 7(b)."
City and Contractor understand and agree that compliance with the provisions of Section 3, the
regulations set forth in 24 CFR Part 135, and all applicable rules and orders of HUD shall be a
condition of the Federal financial assistance provided to the Program, binding upon City and
Contractor, and their respective successors, assigns and subcontractors. Failure to fulfill these
requirements shall subject Contractor and its subcontractors, and their respective successors and
assigns, to those sanctions specified by the Grant Agreement through which Federal assistance is
provided and to such sanctions as are specified by 24 CFR Part 135.
C. Other Laws
Contractor covenants and agrees that its officers, members, agents, employees, Program participants
and subcontractors shall abide by and comply with all other laws, Federal, state and local, relevant to
the performance of this Contract, including all applicable City ordinances, rules and regulations and
Tide I of the Housing and Community Development Act of 1974 (42 USC 5301 et seq.), as amended,
and the CDBG Regulations, as amended, (24 CFR Part 570 et seq.). Contractor further promises and
agrees that it has read, and is familiar with, terms and conditions of the Community Development
Block Grant under which CDBG Funds are granted and any applicable provisions of the CDBG
Regulations and that it will fully comply with them. It is agreed and understood that, if City notifies
Contractor of any such violation on the part of Contractor or any of its officers, members, agents,
employees, Program participants or subcontractors, then Contractor shall immediately desist from and
correct such violation.
7. Nondiscrimination
a. Contractor will not unlawfully discriminate against any person or persons because of sex, race,religion,
age, disability, color, national origin, or familial status, nor will Contractor permit its officers,
members, agents, employees, subcontractors or Program participants to engage in such
discrimination.
b. Contractor covenants that neither it nor any of its officers, members, agents, employees, Program
participants or subcontractors, while engaged in performing this Contract, shall, in connection with
the employment, advancement or discharge of employees or in connection with the terms, conditions
or privileges of their employment, discriminate against persons because of their age except on the
basis of bona fide occupational qualification,retirement plan or statutory requirement.
C. Contractor further covenants that neither it nor its officers, members, agents, employees,
subcontractors, Program participants, or persons acting on their behalf, shall specify,in solicitations or
advertisements for employees to work on this contract, a maximum age limit for such employment
unless the specified maximum age limit is based upon a bona fide occupational qualification,
retirement plan or statutory requirement.
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d. In accordance with the provisions of the Americans With Disabilities Act of 1990 ("ADA"),
Contractor warrants at it and any and all of its subcontractors will not unlawfully discriminate on
the basis of disability in the provision of services to the general public, nor in the availability, terms
and/or conditions of employment for applicants for employment with Contractor, or employees of
Contractor or any of its subcontractors. Contractor warrants it will fully comply with ADA's
provisions and any o er applicable Federal, state and local laws concerning disability and will defend,
indemnify and hold City harmless against any claims or allegations asserted by third parties or
subcontractors against City arising out of Contractors and/or its subcontractors' alleged failure to
comply with the abve-referenced laws concerning disability discrimination in the performance of
this Contract. I
e. This Contract is made and entered into with reference specifically to the ordinances codified at
Chapter 17, Article III, Division 3 "Discrimination in Employment Practices", of the City Code, and
Contractor hereby covenants and agrees that Contractor, its officers, members, agents, employees and
subcontractors, have fully complied with all provisions of same and that no employee, employee-
applicant or Program participant has been discriminated against by the terms of such ordinances by
either the Contractor or its officers,members, agents, employees or subcontractors.
8. Prohibition Against Interest
a. No member, officer or employee of City or its designees or agents; no member of the governing body
of the locality in which the Program is situated; and no other public official of such locality or
localities, who exercises any functions or responsibilities with respect to the Program funded
hereunder during his or her tenure or for one year thereafter, shall have any interest, direct or indirect,
in any contract or subcontract, or the proceeds thereof, for work to be performed hereunder.
Contractor shall incorporate, or cause to be incorporated, like language prohibiting such interest in all
contracts and subcontracts entered into in connection with the Program.
b. No member, officer, employee, or Program participant of Contractor or its subcontractors shall have a
financial interest, direct or indirect, in this Contract or the CDBG Funds transferred hereunder or be
financially interested, directly or indirectly, in the sale to Contractor of any land, materials, supplies or
services purchased with any CDBG Funds transferred hereunder, except on behalf of Contractor, as
an officer, employee, member or Program participant. Any willful violation of this paragraph with
the expressed or implied knowledge of Contractor or its subcontractors shall render this Contract
voidable by City.
9. Minority and lYlomen Business Enterprise Commitment
Contractor agrees to abide by City's policy to involve Minority and Women Business Enterprises
(MWBEs) in all phases of its procurement practices and to provide them an equal opportunity to
compete for contracts for construction, provision of professional services, purchase of equipment and
supplies and provision of other services required by City. Contractor agrees to incorporate City
Ordinance No. 15530, and all amendments or successor policies thereto, into all contracts and will further
require all persons or entities with whom it contracts to comply with said Policy.
10. Non Assignment
No assignment or delegation of duties under this Contract by Contractor shall be effective without City's
prior written approval.
11. Independent Contractor
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a. Contractor shall operate hereunder as an independent contractor and not as an officer, agent, servant
or employee of City. Contractor shall have exclusive control of, and the exclusive right to control, the
details of the work ax d services performed hereunder, and all persons performing same, and shall be
solely responsible for the acts and omissions of its officers, members, agents, servants, employees,
subcontractors, Program participants, licensees or invitee. The doctrine of respondeat superior shall
not apply as betwe n City and Contractor, its officers, members, agents, servants, employees,
subcontractors, Program participants, licensees or invitees, and nothing herein shall be construed as
creating a partnership or joint enterprise between City and Contractor. It is expressly understood and
agreed that no officer, member, agent, employee, subcontractor, licensee or invitee of the Contractor,
nor any Program participant hereunder, is in the paid service of City and that City does not have the
legal right to control the details of the tasks performed hereunder by Contractor, its officers,
members, agents, employees, subcontractors,Program participants, licensees or invitees.
b. City shall in no way nor under any circumstances be responsible for any property belonging to
Contractor, its officers, members, agents, employees, subcontractors, Program participants, licensees
or invitees, which may be lost, stolen, destroyed or in any way damaged; and Contractor hereby
indemnifies and holds harmless City and its officers, agents, and employees from and against any and
all claims or suits.
12. Indemnification, Insurance and Bonding
a. CONTRACTOR COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS
AND DEFEND, AT ITS OWN EXPENSE, CITY AND ITS OFFICERS, AGENTS,
SERVANTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS OR
SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY,
INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR
CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN
CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED
PERFORMANCE OR NONPERFORMANCE OF THIS CONTRACT AND/OR THE
OPERATIONS, ACTIVITIES AND SERVICES OF THE PROGRAM DESCRIBED
HEREIN, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY ALLEGED
NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS
OR SUBCONTRACTORS OF CITY; AND CONTRACTOR HEREBY ASSUMES ALL
LIABILITY AND RESPONSIBILITY OF CITY AND ITS OFFICERS, AGENTS,
SERVANTS, ANI) EMPLOYEES FOR ANY AND ALL CLAIMS OR SUITS FOR
PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH,
TO ANY AND ALL PERSONS, OF WHATSOEVER KINDS OR CHARACTER,
WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH
THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE OR NON-
PERFORMANCE OF THIS CONTRACT AND AGREEMENT AND/OR THE
OPERATIONS, ACTIVITIES AND SERVICES OF THE PROGRAMS DESCRIBED
HEREIN, WHETHER OR NOT CAUSED IN WHOLE OR IN PART, BY ALLEGED
NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS
OR SUBCONTRACTORS OF CITY. CONTRACTOR LIKEWISE COVENANTS AND
AGREES TO AND DOES HEREBY INDEMNIFY AND HOLD HARMLESS CITY FROM
AND AGAINST ANY AND ALL INJURY, DAMAGE OR DESTRUCTION OF PROPERTY
OF CITY, ARISING OUT OF OR IN CONNECTION WITH ALL ACTS OR OMISSIONS
OF CONTRACTOR, ITS OFFICERS, MEMBERS, AGENTS, EMPLOYEES,
SUBCONTRACTORS, INVITEES, LICENSEES, OR PROGRAM PARTICIPANTS, OR
CAUSED, IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS,
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AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS OF
CITY.
CONTRACTOR AGREES TO AND SHALL RELEASE CITY, ITS AGENTS,
EMPLOYEES, OFFICERS AND LEGAL REPRESENTATIVES FROM ALL LIABILITY
FOR INJURY, DEATH, DAMAGE OR LOSS TO PERSONS OR PROPERTY SUSTAINED
IN CONNECTION WITH OR INCIDENTAL TO PERFORMANCE UNDER THIS
CONTRACT, EVEN IF THE INJURY, DEATH,DAMAGE OR LOSS IS CAUSED BY THE
CITY'S SOLE OR CONCURRENT NEGLIGENCE.
CONTRACTOR SHALL REQUIRE ALL OF ITS SUBCONTRACTORS TO INCLUDE IN
THEIR SUBCONTRACTS A RELEASE AND INDEMNITY IN FAVOR OF THE CITY
IN SUBSTANTIALLY THE SAME FORM AS ABOVE.
b. Contractor will maintain blanket fidelity coverage in the form of a bond in the amount of 117,000 to
insure against loss from the fraud, theft or dishonesty of any of Contractor's officers, agents, trustees,
directors or employees. The proceeds of such bond shall be used to reimburse City for any and all
loss of CDBG Funds occasioned by such misconduct. To effectuate such reimbursement, such bond
shall include a rider stating that reimbursement for any loss or losses thereunder shall be made directly
to City for the uses and benefit of Contractor.
c. Contractor shall furnish certificates of insurance as proof that it has secured and paid for policies of
workers' compensation, public liability and automobile liability insurance covering all risks incident to
or in connection with the execution,performance, attempted performance or nonperformance of this
Contract. The amounts of such insurance shall not be less than the maximum liability that can be
imposed on City under the laws of the State of Texas. Contractor understands and agrees that such
insurance amounts may be revised upward at City's option and that Contractor shall revise such
amounts within thirty (30) days following notice to Contractor of such requirements.
d. Contractor will submit documentation to City that it has obtained insurance coverage and has
executed bonds as required in this contract within thirty (30) days of the execution of this Contract
and prior to payment of any monies hereunder.
e. Any failure on part of the City to request certificate(s) of insurance shall not be construed as a waiver
of such requirement or as a waiver of the insurance requirements themselves. Insurers of Contractor
insurance policies shall be licensed to do business in the State of Texas by the Department of
Insurance or be otherwise eligible and authorized to business in the state of Texas. Insurers shall be
acceptable to City insofar as their financial strength and solvency and each such company shall have a
current minimum A.M. Best Key Rating Guide rating of A: VII or other equivalent insurance industry
standard rating unless otherwise approved by City. Deductible limits on insurance policies shall not
exceed $5,000 per occurrence unless otherwise approved by City.
f. Any local, federal or other regulatory insurance or bonding requirements for the Program that exceed
those specified herein shall prevail.
g. Contractor shall agree to require its subcontractors to maintain applicable insurance coverages, limits,
and other requirements as those specified herein; and, Contractor shall require its subcontractors to
provide Contractor with certificate(s) of insurance documenting such coverage. Also, Contractor
shall require its subcontractors to have City and Contractor endorsed as additional insured (as their
interests may appear) on their respective insurance policies. Contractor shall require its
subcontractors to maintain builders risk insurance at the limit of applicable project(s) costs when the
value of materials involved exceeds $10,000 or at a different limit value limit as specified by City.
13. Fawer of Immunity
CDBG YEAR XXXIII CHILD CARE CONTRACT Rev.05-26-06
Clayton Yes Greenbrier Page 10
If Contractor is a charitable or nonprofit organization and has or claims an immunity or exemption
(statutory or otherwise) from and against liability for damages or injury, including death, to persons or
property; Contractor hereby expressly waives its rights to plead defensively such immunity or exemption
as against City. This section shall not be construed to affect a governmental entity's immunities under
constitutional, statutory or common law.
14. Termination
a. In addition to, and not in substitution for, other provisions of this Contract regarding the provision
of public services with CDBG Funds, pursuant to Title I of the Housing and Community
Development Act of 1974, as amended, (42 USC 5301 et seq.) and the CDBG Regulations, it is
expressly understood and agreed by and between the Parties that this Contract is wholly conditioned
upon the actual receipt by City of Federal CDBG Year XXXIII funds; that all monies distributed to
Contractor hereunder shall be exclusively from Federal monies received under said grant and not from
any other monies of City; and that if such funds under City's grant are not timely forthcoming, in
whole or in part, City may,at its sole discretion, terminate this Contract and City shall not be liable for
payment for any work or services performed by Contractor under or in connection with this Contract.
b. City may terminate this Contract whenever such termination is determined to be in City's best
interest, in event of Contractor's default, inability or failure to perform or to comply with any of the
terms herein, or, for other good cause.
c. The Parties acknowledge that CDBG Funds paid hereunder are intended to provide only partial
funding for Contractor's program operations. City may terminate this Contract if non-CDBG funds
included in the Operating Budget are not forthcoming to Contractor during the Contract term.
d. CDBG Funds provided hereunder may not be used as collateral for loans to Contractor to defray
program operation expenses, and any attempted use of CDBG Funds for this purpose will result in
termination of this Contract by City.
e. Termination will be effected by written notice to Contractor, specifying the portions of the Contract
affected and the effective date of termination. Upon Contractors receipt of such termination notice,
Contractor will:
• Stop work under the Contract on the date and to the extent specified by City;
• Cease expenditures of CDBG Funds, except as necessary for completion of the portions of the
Contract not terminated;and
• Terminate all orders and contracts to the extent that they relate to portions of the Contract being
terminated.
f. Contractor will return to City any unused CDBG Funds previously advanced by City under this
Contract within thirty (30) days of the effective date of Contract termination. City will have no
responsibility or liability for Contractor's expenditures or actions occurring after the effective date of
Contract termination,.
15. Certification Regarding Lobbying
a. The undersigned representative of Contractor hereby certifies, to the best of his or her knowledge
and belief, that: No federal appropriated funds have been paid or will be paid, by or on behalf of
Contractor, to any person for influencing or attempting to influence an officer or employee of any
agency, a member of Congress, an officer or employee of Congress or an employee of a member of
Congress in connection with the awarding of any Federal contract, the making of any Federal grant,
the making of any Federal loan, the entering into of any cooperative agreement and the extension,
continuation,renewal, amendment, or modification of any Federal contract,grant, loan or cooperative
agreement. Contractor shall require that the language of this certification be included in all
subcontracts or agreements involving the expenditure of Federal funds.
CDBG YEAR xxXIII CHILD CARE:CONTRACT Rev.05-26-06
Clayton Yes Greenbrier Page 11
b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a member of Congress,
an officer or employe of Congress, or an employee of a member of Congress in connection with
this Federal contract# grant, loan or cooperative agreement, Contractor shall complete and submit
Standard Form-LLL,"`Disclosure Form to Report Lobbying," in accordance with its instructions.
c. This certification is a material representation of fact upon which reliance was placed when this
Contract was made or entered into. Submission of this certificate is a prerequisite for making or
entering into this Contract imposed by 31 USC Section 1352. Any person who fails to file the
required certification shall be subject to a civil penalty of not less than $10,000.00 and not more than
$100,000.00 for each such failure.
16. Miscellaneous Provisions
a. All terms of this Contract shall apply to any and all subcontractors of Contractor who are in any way
paid with CDBG Funds or who perform any work in connection with Contractor's program.
b. The provisions of this Contract are severable, and, if for any reason a clause, sentence, paragraph or
other part of this Contract shall be determined to be invalid by a court or Federal or state agency,
board or commission having jurisdiction over the subject matter thereof, such invalidity shall not
affect other provisions which can be given effect without the invalid provision.
c. City's failure to insist upon the performance of any term or provision of this Contract or to exercise
any right herein conferred shall not be construed as a waiver or relinquishment to any extent of City's
right to assert or rely upon any such term or right on any future occasion.
d. Should any action, whether real or asserted, at law or in equity, arise out of the execution,
performance, attempted performance or nonperformance of this Contract, venue for action shall lie
in Tarrant County,Texas.
e. This written instrument and the exhibits attached hereto, which are incorporated by reference and
made a part of this Contract for all purposes, constitute the entire agreement between the Parties
concerning the work and services to be performed hereunder, and any prior or contemporaneous,
oral or written agreement which purports to vary from the terms hereof shall be void. Any
amendments to the terms of this Contract must be in writing and must be approved by each Party.
f. All notices required or permitted by this Contract must be in writing and are deemed delivered on the
earlier of the date actually received or the third day following (i) deposit in a United States Postal
Service post office or receptacle; (ii) with proper postage (certified mail, return receipt requested); and
(iii) addressed to the other Party at the address set out in the preamble of this Contract or at such
other address as the receiving Party designates by proper notice to the sending Party.
g. None of the performance rendered under this Contract shall involve, and no portion of the CDBG
Funds received hereunder shall be used, directly or indirectly, for the construction, operations,
maintenance or administration of any sectarian or religious facility or activity, nor shall said
performance rendered or funds received be utilized so as to benefit, directly or indirectly, any such
sectarian or religious facility or activity.
h. Contractor represents that it possesses the legal authority, pursuant to any proper, appropriate and
official motion, resolution or action passed or taken, to enter into this Contract and to perform the
responsibilities herein required.
i. Contractor certifies that it has obtained a 501 (c) (3) Certificate from the Internal Revenue Service.
Contractor shall notify City in writing of any changes to its 501 (c) (3) tax-exempt status during the
term of this Contract.
[SIGNATURES APPEAR ON FOLLOWING PAGE]
CDBG YEAR XXXIII CHILD CARE CONTRACT Rev.05-26-06
Clayton Yes Greenbrier Page 12
IN WITNESS WHEREO artles hereto e e� cut ee copies of this Contract in Fort Worth,
Tarrant County,Texas, this day of 12007
CITY OF FORT WORTH Clayton Yes, Greenbrier
1
By: e_4epw�__ � By:
Dale A. Fisseler, .E. Prankie McMurrey
Assistant City Manag�r Executive Director
APPROVED AS TO FORM AND LEGALITY:
(.k_j35Kity Attorney
Cont.qC
IATTEST: _.,m ....I 6—t
City Secretary
STATE OF TEXAS
COUNTY OF TARR-ANT
This instrument was acknowledged before me on 2007 by Dale A.
Fisseler, the Assistant City Manager of the City of Fort Worth,tehalf the City of Fort Worth.
AN=7SEN0
Notary Notary Public, State of Texas
My M
STATE OF TEXAS
COUNTY OF TARRANT
This instrument was acknowledged before me on , 2007 by Ms. Frankie
McMurrey, the Executive Director of Clayton Yes, GreenbrieiJa Texas non-profit corporation, on behalf of
said corporation.
Notary Public, State of Texas
CISC�v
Mr no N Im 0 �
,,ILL' O � E .
CDBG YEAR XXCIIII CHILD CARE CONTRACT Rev.05-26-06
Clayton Yes Greenbrier Page 13
APPENDIX A—CONSTITUTIONAL PROVISION
Contractor represents that it is, or may be deemed to be, a religious or denominational institution or an organization
operated for religious purposes which is supervised or controlled by or in connection with a religious or
denominational institutional or organization. Pursuant to Title 24 CFR CH.V§ 570.2000).Contractor agrees that in
connection with this contract:
a. It will not discriminate against any person applying for such public services on the basis of religion
and will not limit such services or give preference to persons on the basis of religion, and;
b. It will not discriminate against any person applying for such public services on the basis of religion
and will not limit such services or give preference to persons on the basis of religion,and;
c. It will provide no religious instruction or counseling, conduct no religious worship or services, engage
in no religious proselytizing, and exert no other religious influence in the provision of such public
services,and;
d. Where public services provided under paragraph 0)(3) of section 24 CFR 570. 200 are carried out on
property owned by the primarily religious entity, CDBG funds may also be used for minor repairs to
such property which are directly related to carrying out the public services where the cost constitutes in
dollar terms only an incidental portion of the CDBG expenditure for the public services.
Clayton YES EXHIBIT A
Greenbrier Preschool SCOPE OF SERVICES
PROGRAM SUMMARY
00000 June 1, 2007 — May 31, 2008 $18,000
CONTRACT NO. PERIOD AMOUNT
Scope of Services
This Scope of Services is based on the proposal prepared and submitted by the Subrecipient through the City of Fort
Worth and the Housing Department Contract Management Division's annual Request for Proposal (RFP)process.
However, in the event of any conflict between the proposal and any provision contained herein, this Agreement shall
control. In addition to the activities listed below,the Subrecipient agrees to operate this Community Development Block
Grant program consistent with the program delivery stated in the approved proposal.
The partnership between Clayton YES! and the Greenbrier school,which began as a mission of St.Matthew's Lutheran
Church,provides a unique opportunity for parents to enroll their children in a faith-based preschool that is under the
management of a well respected and established child care provider. Clayton YES! at St. Matthew's Greenbrier School,
located at 5701 Wedgwood Drive in Fort Worth, serves 85 preschool children on a daily basis (6:30am-6:30pm,
Monday-Friday). However, over 50% of the parents at the Greenbrier School meet CCMS low-income guidelines. In
order to provide care, we use the CDBG funds to cover the difference between the published rate for care and the CCMS
reimbursement rate. Each infant or toddler we have enrolled through CCMS creates a shortfall of$2,000 per year per
child.
All parents are made aware of possible financial assistance for their childcare expenses. Our Financial Assistance
Specialist reviews the application and determines eligibility for any of our financial resources. The client's approval is
valid for a 6 month period. All clients are required to submit updated personal and employment information for
reevaluation. Attendance is verified monthly prior to billing. Parents not able to be served immediately are placed on a
waiting list.
COUNCIL DISTRICT (S) - 6
PROGRAM OBJECTIVES
The objectives listed are successfully being met and are in Clayton's long range planning for the expansion of our
services, with CDBG funding, to more children.
(1) Provide a full day preschool program for the families of Southwest Fort Worth
(2) Provide economically disadvantaged children with quality services promoting and encouraging self-esteem,
confidence, interpersonal skills,positive peer group interaction, skill building instruction, and personal safety.
(3) Ensure that the program is supervised,planned, documented, organized, licensed, and regulated with guidelines,
directives and programs presently implemented which target all facets of an infant or toddler's overall progress,
addressing behavioral as well as educational needs and services.
(4) Provide viable child care development services to low income parents/students to enable parents to maintain their
current employment, seek employment, and obtain skills training with the security of knowing that their children are
safe, secure and gaining a quality education.
(5) Remove the barrier of searching for childcare by providing a convenient location for low-income families.
(6) Continue accepting CCMS placements and find funding that will cover the shortfall created by CCMS funded
children F----
(7) Market the program to the community, in order to attract non-CCMS clients w:ho 411. CA dT3e o care
A
qn
•t 4�i HIM,
�
PROGRAM GOALS
Provide discounted fees for an average of 10 children every month at the Greenbrier preschool program.
PROGRAM SERVICES andiACTIVITIES Total Units of Services for Year
A. Full Day Preschool 2540
A unit of service is one day(full-time)of childcare per child
Greenbrier Preschool
EXHIBIT B
PROGRAM SERVICE SCHEDULE
CDBG YEAR XXXIII
Activity Jun July Aug Sept Oct Nov Dec Jan Feb Mar Apr May Total
Child Care Services(units) 0 189 253 209 253 209 209 253 231 231 253 242 2532
*A unit of service is defined as one child receiving program services for one day.
CITY OF FORT WORTH EXHIBIT C
CDBG YEAR XXXIII
Page 1 of 1
CONTRACT PERIOD From: 6/1/2007 To: 5/31/2008
Name of Sub Grantee Name of Program
Clayton YESI Greenbrier Preschool
Program CDBG
Cost Category Budget Funds [a] [b] [c] [d]
PERSONAL SERVICES
Salaries 387,641.00 387,641.00
FICA 29,811.00 99,811.00
Life Insurance
Health Insurance 56,857.00 56,857.00
Employment Tax-State
Employment Tax-Federal
Worker's Comp 3,989.00 3,989.00
Retirement
SUPPLIES
Postage
Teaching Aids/Office Supplies 7 6,180.00 6,180.00
Food Supplies 44,090.00 44,090.00
Other Operating Expenses 570.00 570.00
CONTRACTUAL SERVICES
Telephone 2,948.00 2,948.00
Indirect Costs $ 4,000.00 4,000.00
Electric 19,367.00 19,367.00
Gas
Water/Waste Disposal
Rent[Building] 31,020.00 31,020.00
Custodial Services
Office Equipment Rental
Printing
Repairs 14,628.00 14,628.00
Fidelity Bond
Liability Insurance 4,779.00 4,779.00
Legal&Accounting
Private Auto Allowance-Local 1,626.00 1,626.00
Advertising
Conference&Seminars
Contractual Services 18,000.00 18,000.00
Local Share (At-Risk)
CAPITAL OUTLAY
Office Furniture
Computer Equipment
Other: [Described]
MATCHING FUND SOURCES
[a] Parent Fees
[b]
[c]
[d]
BUDGET DETAIL Page 2 of 3
PERSONAL SERVICES
Hourly Annual %of
Position/Title Rate Hours Time Amount
1 Not Applicable
2
3
4
5
6
7
8
TOTAL STAFF SALARIES $
FRINGE BENEFITS
%of % Paid % Paid
CATEGORY Payroll Amount by Agency by CDBG Amount
FICA Not Applicable
Life Insurance
Health Insurance
Employment Tax
Worker's Comp
Retirement
TOTAL FRINGE BENEFITS $
TOTAL PERSONAL SERVICES $ -
BUDGET DETAIL Page 3 of 3
UTILITIES
AVERAGE COST PER NUMBER OF MONTHS AMOUNT
CATEGORY MONTH
Telephone Not Applicable 0
Electric 12
Gas 12
Waste/Water Disposal 12
Other 0
Total Utilities $ -
BUILDING LEASE
BUILDING
LOCATION NO. SQUARE FOOT COST PER SQUARE FOOT AMOUNT
1 Not Applicable
2
3
TOTAL BUILDING LEASE $ -
OTHER EXPENSES
CATEGORY TOTAL CHARGE % CHARGED TO CDBG AMOUNT
Fidelity Bond Not Applicable 0%
Liability Insurance 0%
Legal&Accounting 0%
Office Supplies 0%
Postage 0%
Printing 0%
Mileage 0%
Advertising 0%
TOTAL OTHER EXPENSES $ -
CONFERENCES AND SEMINARS
EVENT TOTAL CHARGE % CHARGED TO CDBG AMOUNT
1 Not Applicable
2
3
TOTAL CONFERENCES AND SEMINARS $ -
OFFICE EQUIPMENT RENTAL
ITEM TOTAL CHARGE %CHARGED TO CDBG AMOUNT
1 Copier Lease Not Applicable 0%
2
TOTAL OFFICE EQUIPMENT RENTAL $ -
L
EXHIBIT "D"
AUDIT SCHEDULE
INDEPENDENT AUDIT REQUIREMENT
BUSINESS/AGENCY NAME: Clayton YES
PROGRAM: Greenbrier
CDBG YEAR: 2007-2008
AMOUNT FUNDED: $18,000.00
Name of Independent Auditor who will perform agency audit:
Independent Auditor to be contracted during CDBG contract period.
Date audit is to be performed:
Within 60 days of completion of CDBG funded project.
The following language is a condition of your contract with the City:
(1) For all contracts in which Contractor is cumulatively receiving federal
monies in the amount of$500,000 or more, Contractor must submit to City an
annual audit prepared in accordance with 24 CFR Sections § 570.502-570.503
generally, with specific reference to OMB Circulars (with attachments) A-122
and A-133 as appropriate. The audit may cover either Contractor's fiscal year
during which this contract is in force or cover the period of this contract. The
audit must be prepared by an independent certified public accountant, be
completed within nine (9) months following the end of the period being audited
and be submitted to City within thirty (30) days of its completion. Contractor's
audit schedule is attached hereto as Exhibit D - Audit Schedule. Costs of
preparation of this audit may be an allowable expenditure of CDBG funds in an
amount proportional to that of the CDBG funds used in contractor's total agency
operating budget.
This form is to be completed and submitted to the Housing Department, Contract Management
Division at the beginning of each contract year.
S gnature
EXHIBIT E
CONFLICT OF INTEREST
All Applicants
The standards in OMB Circular A-110, Subpart C,provide that no employee, officer, or agent shall participate in the
selection, award, or administration of a contract supported by Federal funds if real or apparent conflict of interest would
be involved. Such a conflict wou}d arise when an employee, officer, or agent, any member of his or her immediate
family, his or her partner, or an o ganization which employs or is about to employ any of the parties indicated herein,has
a financial or other interest in the firm selection for an award.
CDBG and HOME ApiDlicanits Onl
The CDBG regulations at 24 CFR 570 570.611 and HOME regulations at 24 CFR 92.356 provide that no person who is
an employee, agent,consultant, officer, or elected official or appointed official of the recipient or Subrecipient that are
receiving CDBG or HOME funds and(1)who exercises or has exercised any functions or responsibilities with respect to
activities assisted with CDBG funds; or(2)who is in a position to participate in a decision-making process or gain inside
information with regard to these activities,may obtain a financial interest from a CDBG-assisted or HOME-assisted
activity, or have any interest in any contract, subcontract, or agreement with respect thereto, or the proceeds thereunder,
either for themselves or those with who they have family or business ties, during their tenure or for one (1)year
thereafter.
IF NO CONFLICTS EXIST, COMPLETE THE FOLLOWING:
I certify that no conflict of interest exists between The City of Fort Worth and
(Name of Organization)
I certify that no conflict of interest exists between the subcontractors of and
(Name of Organization)
IF THERE IS A CONFLICT,COMPLETE THE FOLLOWING:
I certify that a conflict of interest does exist between The City of Fort Worth and
(Name of Organization)
I certify that a conflict of interest does exist between
and
(Name of subcontractor)
(Name of Organization)
Describe the natuW of the conflict of interest below: (Please identify the individual,employment,and the conflict or potential conflict[their affiliation with your
or anizatio ) fi
Signature of A thorized Agency Official Date
Typed Name and Title
CITY OF FORT WORTH Attachment I
HOUSING DEPARTMENT
CONTRACT MANAGEMENT DIVISION
REQUEST FOR FUNDS
AGENCY: Clayton YES PROGRAM: Greenbrier Preschool
ADDRESS: 1215 Country Club Lane CONTRACT NUMBER:
Fort Worth, TX 76112 CONTRACT AMOUNT: $18,000.00
CONTRACT DATE: 6/1/2007
DATE OF REQUEST:
SECTION I (AGENCY) CURRENT MONTH CUMULATIVE
I. Reimbursement Request
1. Expenditures: $ $
2. Income
A. Program Income $ $
B. City of Fort Worth $ $
C. Interest Earned CDBG Funds $ $
3. Reimbursement(1 minus 2) $ $
If.Advance Pay Requests/Repayment $ $
III. Reporting Interest
1. Interest over$25 per quarter returned to City of Fort Worth $ $
SECTION If (CITY)
I. BYSPEED -Purchasing Request
A. BYSPEED INPUT:Vendor/PO Number/Requisition Number:
B. Fund/Account/Center: GR76/539120/005206180390
C.Total Amount of this Request: $
SECTION III
I. Verification
A. Contract Compliance Specialist Marilyn Jackson
(Name) (Signature) (Date)
B. BYSPEED-Purchasing
(Name) (Signature) (Date)
C. Accounting
(Name) (Signature) (Date)
If. Authorization
A. Agency Frankie McMurrey
(Name) (Signature) (Date)
B. Asst. Housing Director D.Emerson
(Name) (Signature) (Date)
C. Housing Director J. Walker
(Name) (Signature) (Date)
Distribution:
1 Copy-Accounting
1 Copy-Con. Mgmt
Note:Any Request for Funds that exceed$8500 require the signature of both Deidra Emerson and Jerome Walker
CITY OF FORT WORTH ATTACHMENT II CDBG
HOUSING DEPARTMENT
CONTRACT MANAGEMENT DIVISION
DETAIL STATEMENT OF COSTS
Clayton YES
AGENCY CONTRACT NO. DATE
Greenbrier PreSchool TO
PROGRAM REPORT PERIOD
PROGRAM MONTHLY CUMULATIVE
COST CATEGORY ACCOUNT BUDGET EXPENDITURES TO DATE BALANCE
PERSONAL SERVICES
Salaries 516 010
FICA 518 010
Life Insurance 518 050
Health Insurance 518 060
Unemployment Tax-State 518 090
Worker's Comp 518 040
Retirement 518 070
SUPPLIES
Office Supplies 521 010
Postage 521 020
Teaching Aids (Equipment) 522 030
Food Supplies 522 030
Other Operating Supplies 523 300
CONTRACTUAL SERVICES
Telephone 535 040
Electric 535 020
Gas[Utility] 535 010
Water/Waste Disposal 535 030
Rent[Building] 537 010
Custodial Services 539 220
Office Equipment Rental 537 030
Printing 533 030
Repairs 536 010
Fidelity Bond 538 210
Liability Insurance 534 020
Legal &Accounting 538 050
Private Auto Allowance-Local 532 130
Advertising 533 010
Conferences&Seminars 531 180
Contractual Services 539 120 $18,000.00
Local Shares(At-Risk)
CAPITAL OUTLAY
Furniture, Fixtures 541 330
Office Equipment,Computers 541 370
Other Equipment 541 320
TOTAL $18,000.00
Contractors Certification: I certify that the costs incurred are taken from the books of account and that such costs are valid and consistent with the terms of
Ms.Frankie McMurrey,Executive Director
NAME and TITLE OF AUTHORIZED OFFICER SIGNATURE and DATE
PREPARE ONE FORM FOR EACH SOURCE OF FUNDS
DISTRIBUTION:
1 Copy-Accounting
I Copy-Cont.Mgtnt.
2 IA&GM FORM May 2003
ATTACHMENT III
CITY OF FORT WORTH
HOUSING DEPARTMENT
CONTRACT MANAGEMENT DIVISION
EXPENDITURES WORKSHEET
Clayton YES
Agency Contract Number Date
Greenbrier Preschool To
Program Report Period
NO DATE CHECK NO PAYEE DESCRIPTION ACCOUNT NO. AMOUNT
1
2
3
4
5
6
7
8
9
10
11
12
13
1.4
15
16
17
18
19
20
21
22
23 _
24
25
26
TOTAL
Ms. Frankie McMurrey, Executive Director
TITLE OF AUTHORIZED OFFICER SIGNATURE AND DATE
Distribution:
1 copy-Accounting
1 copy-IAGM
1 copy-Agency
City of Fort Worth
Contract Management Division
CDBG Year XXXI
Public Service
Revised
1. Name and Address of Sub-Grantee
2. Project Name Greenbrier Preschool
Clayton YES
1215 Country Club Lane 3. Contract No.
Fort Worth,TX 76112 a. Date of Request
Month&Year
5. Program Services and Activities
Current Month Cumulative
Number of New
Households and/or
Persons Served
6.Direct Benefit
(Continued)
Extremely Low Moderate Income Above Moderate Income
Income(0<30%) Low Income(31-50%) (51-80%) (80%>)
Current Month
Cumulative
1 2 3 4 5 6 7 8
<30% $13,300 $15,200 $17,100 $19,000 $20,500 $22,050 $23,550 $25,100
<50% $22,200 $25,350 $28,550 $31,700 $34,250 $36,750 $39,300 $41,850
<80% $35,500 $40,550 $45,650 $50,700 $54,750 $58,800 $62,850 $66,900
Certification: The undersigned hereby gives assurance that to the best of my knowledge and belief,the data included in this report is true and accurate,and if a
non-profit agency,has been approved by the governing body of the organization prior to submission.
Date: Submitted by: Phone No.
City of Fort Worth
Contract Management Division
CDBG Year XXXI
Public Service
Revised
1. Name and Address of Sub-Grantee
2. Project Name Greenbrier Preschool
Clayton YES
1215 Country Club Lane 3. Contract No.
4. Date of Request
Fort Worth,TX 76112
Month&Year
8. Direct Benefit Data(New Household and/or Persons Served)
Ethnicity:(Section
Must be Completed) Hispanic Non-Hispanic
Current Month
Cumulative
American American
Race:Section Must Black Indian/Alaskan Native Hawaiian/Other Indian/Alaskan Native
be Completed) White African/American Asian Native Pacific Islander and White
Current Month
Cumulative
American
Indian/Alaskan Native
Asian and Black/African &Black African
White AmericanBWhite American Other Multi-Racial
Current Month
Cumulative
Female Head of Household
Current Month
Cumulative
Certification: The undersigned hereby gives assurance that to the best of my knowledge and belief,the data included in this report is true and accurate,and if a
non-profit agency,has been approved by the governing body of the organization prior to submission.
Date: Submitted by: Phone No.
ATTACHMENT V
CITY OF FORT WORTH
Housing Department
Contract Management Division
1. Clayton YES 2. Project Greenbrier Preschool
Name:
3. Contract Contract June 1, 2007
No: Date:
1215 Country Club Lane Contract
Amount: $18,000.00
Fort Worth, TX 76112 4. Date of
Request:
MONTH&YEAR
1. PROGRAM SERVICES AND ACTIVITIES: CURRENT CUMULATIVE
2. SCOPE OF WORK NARRATIVE:
3. PROBLEMS ENCOUNTERED/SOLUTIONS PROPOSED:
4. ANTICIPATED ACTIVITY DURING THE NEXT MONTH:
CERTIFICATION: The undersigned hereby gives assurance that to the best of my knowledge and belief,the data included in this report
is true and accurate,and if a non-profit agency,has been approved by the governing body of the organization prior to submission.
Date: Submitted by: Phone Num:
Attachment VI
CITY OF FORT WORTH
HOUSING DEPARTMENT
CONTRACT MANAGEMENT DIVISION
CLIENT DATA REPORT
1. Name and Address of Sub-Grantee: 2. Project Name: Greenbrier Preschool
Clayton YES 3. Contract No.
1215 Country Club Lane 4. Contract Amount $18,000.00
Fort Worth, TX 7611112 5. Date of Request
Month & Year
Name Age Sex Race H/C #Fam Income FHOH Street Address
Certification: The undersigned hereby gives assurance that to the best of my knowledge and belief,the data included in this report are
true and accurate,and if a non-profit agency, has been approved by the governing body of the organization prior to submission.
Date: Submitted by: Phone Number:
Attachment VI
CLIENT DATA REPORT
(Continuation Sheet)
Month &Year
Agency Program Contract No.
Name Age Sex Race H/C #Fam Income FHOH Street Address
Attachment VI
Continuation Sheet Attached
CERTIFICATION: The undersigned hereby gives assurance that to the best of my knowledge and belief,the data included in this report
are true and accurate,and if a non-profit agency, has been approved by the governing body of the organization prior to submission.
Date: Submitted by: Phone Number:
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 6/19/2007
DATE: Tuesday, June 19, 2007
LOG NAME: 05060507ACTIVIT REFERENCE NO.: C-22201
SUBJECT:
Authorize Execution of Community Development Block Grant Year XXXIII, Emergency Shelter Grant
Year 2007-2008 and Housing Opportunities for Persons with AIDS 2007-2008 Contracts
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to execute Community Development Block Grant (CDBG) Year XXXIII,
Emergency Shelter Grant (ESG) Year 2007-2008 and Housing Opportunities for Persons with AIDS
(HOWPA) Year 2007-2008, contracts with the listed organizations to administer their respective programs,
contingent upon approval and receipt of adequate funding from the U.S. Department of Housing and Urban
Development (HUD), for a term beginning June 1, 2007, and ending May 31, 2008;
2. Authorize the City Manager to extend or renew the contracts for up to one year if an organization
requests an extension and such extension is necessary for completion of the project; and
3. Authorize the City Manager or his designee to amend the contract, if necessary, to achieve program
goals, provided the amendment is within the scope of the project and in compliance with all applicable laws
and regulations governing the use of federal grant funds.
I. Community Development Block Grant(CDBGI
Organization Amount(Not to Exceed)
Centro Cultural de las Americas $20,077.00
Southside Youth Association $10,000.00
Summerbridge-Summerbridge Program $22,500.00
Cooks Children's-Save A Smile $24,300.00
ESTRELLAS-Boys and Girls Clubs $16,000.00
All Church Home (Bridge)-Buffalo Soldiers $16,200.00
JMAC Youth Center $25,000.00
Latin Arts Association-Theater Skills Program $12,600.00
Clayton Child Care-Greenbriar $18,000.00
CJ's Studio of Performing Arts $12,096.00
Near Northside Partners Council $16,639.00
Women's Center-Play It Safe $19,683.00
YWCA-Child Development $135,000.00
Child Care Associates-Pre-School Child Care $117,000.00
FWHA-AMAKA Child Care Center $27,000.00
Clayton Child Care-School Age Child Care $54,000.00
Tarrant Area Food Bank-Community Kitchen $20,000.00
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Bottle Bounty Deposit $20,000.00
Senior Citizens Services of Tarrant County-COMO $17,597.00
Senior Citizens Services of Tarrant County-RIVERSIDE $15,271.00
Meals on Wheels $33,696.00
Mental Health Associaton of Tarrant County-OMBUDSMAN $17,500.00
Mental Health Associaton of Tarrant County-Mental Health Advocate $24,750.00
United Community Centers-Crisis Intervention $18,000.00
Northside Interchurch Agency $23,436.00
Day Resource Center Security $21,870.00
NSEAM $17,000.00
MASS, Inc. $30,000.00
REACH, Inc.-Project Ramp $15,000.00
YWCA-Ben &Jerry's Job Trainng/Job Placement $14,748.00
Fort Worth SER-Northside Resource Center $46,800.00
A-Prep Center of Tarrant County $67,197.00
TOTAL CDBG: $948,960.00
II. Emergency Shelter Grant(ESG)
Organization Amount(Not to Exceed)
YWCA-Supportive Living $10,742.00
Cornerstone Assistance $13,000.00
Presbyterian Night Shelter $136,177.00
Cenikor Foundation $10,681.00
SafeHaven of Tarrant County $17,700.00
Presbyterian Night Shelter $11,864.00
Mental Health Mental Retardation of Tarrant County $12,650.00
YWCA-My Own Place $15,331.00
Parents And Chldren Together, Inc. $16,521.00
Safehaven of Tarrant County-Childcare $12,700.00
TOTAL ESG: $257,366.00
III. Housing Opportunities for Persons with HIV/AIDS (HOPWA
Organization Amount(Not to Exceed)
AIDS Outreach $436,242.00
Tarrant county Samaritan Housing $248,170.00
AIDS Outreach Rural Texas $114,198.00
TOTAL HOPWA: $798,610.00
DISCUSSION:
On April 10, 2007, the City Council adopted the budgets and the appropriation ordinance increasing
estimated receipts and appropriations for the Year XXXIII (June 1, 2007 to May 31, 2008) Community
Development Block Grant (CDBG) grant funds, (2007-2008) Emergency Shelter Grant (ESG) grant funds
and (2007-2008) Housing Opportunities for Persons with AIDS (HOPWA) grant funds as part of the City's
Consolidated Plan and Consolidated Action Plan. The Consolidated Plan, as adopted by the City Council,
included program descriptions on each program listed above.
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The above programs are consistent with the City's approved funding policies and priorities. Each program
meets the requirements of the Department of Housing and Urban Development (HUD) regulations defining
"eligible activity." These programs provide services citywide.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds will be available in the current operating budget as appropriated, in
the Grants Fund contingent upon approval and receipt of adequate funding from the U.S. Department of
Housing and Urban Development (HUD) for the term beginning June 1, 2007, and ending May 31, 2008.
TO Fund/Account/Centers FROM Fund/Account/Centers
GR76 539120 005206184XXX $798,610.00
GR76 539120 005206183XXX $257,366.00
GR76 539120 005206180XXX $948,960.00
Submitted for City Manager's Office by: Dale Fisseler (6266)
Originating Department Head: Jerome Walker (7537)
Additional Information Contact: Deidra Emerson (7563)
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 8/30/2007