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HomeMy WebLinkAboutContract 39736 (2)rY SECRETARY ,NTF�p,c f� 1�jC) STATE OF `I'E�'�S S COL'''N'IY CiF'I'1�RRr1NT S THIS contract ("Contract") is made and entered into by and between the City of Fort Worth ("City"), whose address is 1000 Throckmorton St., Fort Worth Texas 76102, acting by and through I'Af. Higgins, its duly authorized assistant City Manager, and Crook Children's Health Care System("Contractor"), whose address is 801 Seventh Avenue, Fort Worth, 'Texas, 76104, acting by and through Linda S. Chappell its duly authorized Senior Vice President, Quality Managemem. (Sometimes City and Contractor are referred to individually as a "Party" and collectively as the "Parties".) WHEIZE1�S, City has received grant monies from the United States Department of Horsing 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. M9-MC4&0010, for Year XXYVV; IVHEREc�S, one of the national objectives of the CDI3G prograrn is to benefit lo�v and moderate income citizens (the "National Objective'; WI IEREaS, the assigned Catalog of Federal Domestic rlssistanee (CFDa) number is 14.21$ for this Federal program, and `�i'HF1ZF'AS City citizens, the Community Development Co(nncil, and the City Council have determined that CDBCr programs are needed by the Cite s low and moderate -income citizens. NOW, THT?REFO.RE, 'I"HIS aGRL,E.AiEiNT FUR'I"IIrR %jUI7NESS:ETI I: 'I'I-1<�T; the Parties covenant and agree as follouTs: a. b. c. of Scrvlccs Contractor will administer Public services to citizens of the CitS� of Fort Worth under Liae program name Save a 5nile {"prograrn"), .for the term ]une 1, 2009 to l�iay 31, 2010. Contractor will be responsible for administering Save it Smile Program in a manner satisfactory to City and consistent with any standards required as a condition of providing the CDBG funds (as hereinafter defined). Contractor will proNride the services and activities as set forth in Exhibit A -Program Summary in accordance with Exhibit B-Program Services Schedule. Contractor agrees to meet the National Objective of activities benefiting low and moderate - income individuals and to maintain frill documentation supporting fillfillment of this lNiational Objective in its files as defined in 24 CFR 570.208. Contractor certifies that the activities carried out under this Contract will serve the required percentage of low and moderate•income persons asset forth in Exhibit Am Program Summary. Contractor twill obtain information on family size and income of Program participants. All such documentation shall be furnished to (.fly 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 Con ract, includin r the OFFICIAL �EDORD C.11RG 1`S:AI2 XXXV S(ii(AEt:IP(EIV"1' CONTRACI` i:lailrlren's health Cam System CI°T)ft6ETARY 'tt',r�Y1Y�� 1 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 Contractors performance using the goals and performance standards required in this Contract. Substandard performance as determined by City monitoring, including noncompliance u7tli arty applicable regulation of the U.S. Department of .Mousing and Urban. Development, will constitute non-compliance with this Contract. If action to correct such substandard performance is not taken by 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 shill comply and assist City in complying with the provisions of any federal requirements regarding displacement, relocation and/or real property acquisition, uniform administrative requirements and cost principles; employment and contracting opportunities, use of debarred, suspended or ineligible contractors or subrecipients; eligibility restrictions for certain resident aliens; conflict of interest, and other requirements of Subpart K of the CDBG Regulations. . f. Contractor agrees to take reasonable steps to ensure meaningful access to the Program and associated activities by limited English proficient persons, 2. C artr�ensutiort urrti 11lerhod of .! �lyrtrenr a. City cyill disburse CDBG Fear 1'1X�' fiends {"CDI3Cr Funds' in an amount up to I WLN I'YON:E THOUSAND EIGHT' HUNDRED AND SEVENTY AND N0/100 DOLLARS (21,870.00) to Contractor on a reimbursement of expenses basis. Contractor is acting as a Subrecipient for the purposes of this Contract in carrying out the agreed -upon eligible activities as set forth in Exhibit A — Program Summary. 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-Prograin Services Schedule. City will not disburse funds for expenditures that occurred prior to the beginning date of the term of this Contract. c. Contractor agrees to utilize all disbursed CDI3C.T Funds for the benefit of the Program. Contractor agrees that <tll 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 Bridget without City's prior written approval. Contractor acknowledges and agrees that any CDBG Funds not used in accordance with the CDBG Regulations and the terms of this Contract will be repaid to City. d. It is understood that the total cost for operation of this Program is $346,98$1.00 and that Contractor will obtain from other sources tine 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 Progrann, and City reserves the right to ainend Exhibit C-Program Operating Budget in such instances to ensure conpliance with HUD regulations governing cost edlocation. CDBG YEAR YXXV SLittRi:CIPIL'N'1' CONTRACT t�n�tl<s Rev. 0&•2349 e. C;ouriactor agrees to keep all CDBG hands 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 niontlily report following the end of the Contract month during tyhich the interest was earned. Interest in an amount of 525.00 or less per month may be used for autliorized Program expenses. These announts must be reported on the monthly financial statements Cited pursuant to this Contract. Interest earned in excess of S.1: 00 per month is subject to remittance to City as chrected by City. E Contractor will not commingle CDBG Funds with any other bands in any manner that would present City from readily' identifying expenditures for operation of the Program. 3. L�JIIfOt'I17.O�!%IIIlJ11�/1'Cl/Il.'P .I�z'C1lflli'7I1811/� illltf _�I"Oyli7lJt.'�'�tZlltlyflllNlll.S/flllf�clYf�� a. FinanciallIanagement i. accounting Standards Contractor agrees to comply with C )MB Circular A110, "Uniform Adtninistrarive Requirements for Grants and agreements with Institutions of Higher Education, Hospitals and other Non -Profit Organizations", and agrees to adhere to the SICCOL111tin9 principles and procedures required therein, utilize adequate _internal controls, and maintain necessary- source documentation for all costs incurred. ii. Cost Principles Contractor shall administer the Program in conformance with O-MB Circular a-122, "Cost principles for Non -Profit Organizations" and attachments and revisions thereto, regarding principles for determining eligible and allocable costs for the Program. b. Documentation and Record Keeping i. Requirement Contractor shall maintain all records pertinent to the activities to be fiunded under this Contract required in 24 CFR ji 570.506. In addition, Contractor agrees to keep records to fully docunnent 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 and/or eligible under applicable Federal, state and City guidelines. ii. Records Retention (1) all records pertaining to Program shall he .retained for four (4) rears following the termination of this Contract. Contractor rune destroy Program records at the end of this four (4) yca.r 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 naintain real property inventory records that cicarly idenrify properties purchased, improved, or sold. Properties retained shall meet eligibility criteria and shall conform to the requirements of 24 CFR ,t, 570.DC?5. ic'. Closeouts Contractor's obligation to City shall not end until ;ill closeout requirements are coMpleted. activities during this closeout period shall include, but are not linuted to: making final payments, disposing of Program assets Including the return of all unused materials, equipment, unspent cash advalice s, Program hico nie balances, and accounts CDBG 1'E:IR X]X\y StBRECIPIEtiT COi`TrRr1CT Rev, 03-24-09 Ctu7ks C;hildren's Health Care Svstcm Pxgc 3 receAai7le to City), and determuhinq) the custodianship of records and verification of complL.Ince with record retention requirements. t-. Audits and Inspections (P 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 tie purpose of audit, exanvnation, exception and transcription at all of Contractor's offices at all reasonable hours. (?) All non-federal entities that expend 5500,000 or snore in Federal funds within one (1) Vear, regardless of the source of the Federal award, must submit to City- an annual audit prepared in accordance with 24 CFIZ Sections 5�0.502-5�C1.503 generally (known as a Single Audit), with specific reference to 0NfB Circulars (with attachments) A-122, "Cost Principles for Non -Profit Organizations", and A-133, "Audits of States Local Governments, and won -Profit Organizations", as appropriate. "The audit mays cover either Contractor's fiscal tear 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 tune (9) months following the end of the period being auclited and be subnutted to City within tiirty (30) days of its conhpletion. Contractor's audit certification is attached hereto as Exhibit D - Audit Certification Form. The Audit Certification Form must be submitted toCite= within sixty(60) days of the end of the period being audited (Contractor's Fiscal year). Costs of preparation of this audit inay be in allowable expenditure of C:DBG Funds in in amount proportional to that of the CDBG Funds used in C;ontractor's total agency operating budget. Non-profit entities that expend less than S500,000 a year in Federal funds are exempt from Federal audit regturements for that rear, but records must be available for review or audit by appropriate officials of the Federal agency, City, and General Accounting Office ("GAO" ). (3) All non-federal entities acting as it Subrecipient for Cityr grant funds that expend less than S500,000 in any federal funds xvithin one. year shall provide City with a copy of any other financial audit or audited financial statements prepared during the contract terin, if available. (4) City reserves the right to perform an audit Of Contractor's agency- operations and finances at any time dtuing 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 aHow access to all relevant hooks, 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, Ciry reserves the right to withhold further funding under this Contract and,%or :,uw other contracts) with Contractor. {5) If as a result of any- audit it is deternh.ined that Contractor his misused, misapplied or nhisappropriated all or any part of the CDBG Funds, Contractor agrees to reirnburse the C:itr the amount of suclh monies so misused, Misapplied or misappropri ated, plus the amount of aliv sathctiou, penalty or other. charge levied ag.unst Cin7 because of such misuse, nusapplication or misappropriation, cr�nc v�:.ax xa-xv sautu:ctt�ti;�T co���ti�e�r Ci7irfcs Chil<1rc�i's Health Care S��stem 1. Rtporizq 1)i01V e a. Pu7ancial 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 %Vorksheet, as applicable, for expenses incurred for services and activities accomplished by Contractor .in performance of this Contract. Actual casli receipts for claimed expenditures must be provided at the time the request for funds is presented. The reports trust be signed by a dilly authorized agent of the Contractor and submitted by the 15F' of the month following the month being reported. City- is under no obligation to disburse funds for expenditures that occurred prior to the first day of the month for which the report is submitted. b. Progress Reports Contractor will submit to Cit}f on a monthly basis: (1) attachment IVda-Program Services Report, (2) attachment lVb-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. 1 "' of the month following the month that is reported. City is under no obligation to disburse funds for expenditures that occurred prior to the beginning date of this Contract 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 C:DBC:r Funds only if program income is insufficient to meet all eligible Program activity- expenses. Contractor agrees to return to Cit)r 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 kith funds provided under this Contract. I OMB Standards Contractor shall procure all materials, property, or services in accordance with the requirements of 24 CIk'R Part 84, Procurement Standards and Property Standards, as modified by 21 CFR Part 5 70,502(b)(G), covering utilization and disposal Of property-. c.. Program Participant Records i. Contractor will keep or cause to be kept an accurate record of all actions taken and all C:I�BC�i Funds expended, with sourcc documents, in performance of this Contract. Suc:hl 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 follo%wing info.ri-natl'on and/or documentation on each Program participant served by the Program demonstrating such participant's eligibility for services provided: a. Participrant's name, address, annual income level or other basis for determining I ncome eligibility, and famihy size of pat'ticipanrs household. Cb13G yE:112 X�'YZ' SLi[iI2IiCIPTE` I' CON"I'I2r1C:T Rcv" 03-2d-09 Co��ks ChiJtiren's I-Ieait6 Care Svstem I'ar�e 5 b. Source dOJ Ilmetrtat1oil used for Income vcrituatiOil including but not limited to pay check stubs, food stamp award letters, income tas return,, SSI avvird letters, letters awarding unemplo%nient benefits, W2s and the like. c. City shall h2Ve the fuial determination, in its sole discretion, as to N�hethe> source documentation used for income verification is adequate. �. I�era��ioiroj .=1��elr a. Contractor agrees to reatrn to C:itt' any CDBG funds remaining on hand ttt 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 notin- City upon receipt of property so that it inay be properly- tagged and inventoried. Title to such property will be rested in City, and Contractor will deliver all such property, to City for disposition at City's sole discretion at the term.iiiatioii of the Program. 6. .:<Ij�,fili<-crllle L.�r:n.� a. Fecicial Con.tractot agrees to comply with the followAllig laws and the applicable regmations as they are currently written or are hereafter amended during performance of this Contract: ® Regulariotrs <tt 34 C1�1Z Tart 5 � 0 pertaining to C.;DI3G ("CD�BG .Regulations") Title I of the Housing and Community Development Act of 1974 as amended (42 USC 5301 et seq.) Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 USC 4601 e/ stTej.) and its related regulations at 49 CI'R Part 24 • Tide VI of the Civil Rights Act of 1964 (42 USC: 2000d el et1.) Title \'III of the Civil Rights Act of 1968 (42 USC 3601 V feq.) • ExecntiVe Orders 11063, 1 1246, as amended by Executive Orders 1 1375 and 12086 and as supplemented by 41 CFR Part 60 The Age Discrimination in Employment Act of 1967 (29 USC 621) e The Age Disc i7mination Act of 1975 (42 USC 6101 el,eeq-) Section 5104 of the Rehabilitation .Act of 1973 (29 USC 794 et secl.) and 24 CFR Part S Where applicable The lnzericans with Disabilities Actof 1991? (42 USC 121CtO s National Environmental Policy Act of 1969, as amended 42 USC 4321 4-/ 3 :J. (Ni?P \'., Mid the related authorities listed 24 C.:FR Part 58 • The Clean :Air .Act, as amended (42 USC 74o1 et j-eq.), the Clean \\''ater _Act of 1977, as amended (3.3 [; SC 1251 et ='r9 / and the related EP_A regi larlons at 40 C1" R Part 15, as artiended from time to time, and F'Necutive Order 11738. In no event shall any amount of the assistance provided under this Contract be utilized with respect to a facilin' that h:is 1 iverr rise to a conviction under, the (lean Air Act or the Clean \rater _Act. crrsc, y-ezlx ���w sr>3xr�:crrrr;tixco?vrRacT tt�t. +ra-xa-a�.r gooks Chilciren's I3eaidti Care.Systcni Page 6 + The Imnugration Reform and Control Act of 1986, (8 L`SC 1101 et oeq.), specifically including the provisions requiring en7plover verification of the: legal status of its employees Drug Free \Workplace Act of 1988 (441 USC 'Ctl el seel.) and 24 CFR Part 2.3, Subpart F Regulations as 24 Cl"* Tart 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 flue I-lousinzg and urban Developrnent�lct r3f 1968, as amended, (12 USC: 1?01u el well.) :and its related regulations at 24 CFR Part 135 If the wort: to be performed under this Contract is on a project assisted Linder 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") Such covered contracts or activities include CDBG-funded construction, reconstruction, conversion or rehabilitation of housing as set forth at 24 C:FR 135.5. 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 opporttuaities generated by HUD assistance or HUD -assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to lowand very low-income persons, particularly persons who are recipients of HUD assistance for housing. 13. The Parties to this contract agree to comply with I IUD's regulations ua 24 CPR Part 135, which implement Section 3. As evidenced by their executioti of this contract, the Parties to this contract certif r that they are under no contractual or other impediment that would prevent theta from complying xvitli the Part 135 regulations. C. ".I'lie 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 aa notice advising the labor organizati ny; on 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 positicnn, the: qualifications for each; and the name and location of the person(s) taking :applications for each of the positions; and the ntici apated date the work shall begin. D. The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regtalatiorzs 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 clatise, upon a Ending that the subcontractor is in violation of the regulations in 24 CFR Part 135. 'File contractor will not subcontract with a11V subcontractor where due contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. I;'I'lie contractor will certify that any vacant enaplol•ment positions, including training positions, that .are filled (1) after the contractor is selected but, before the contract is e ccuted, and (2) with persons other than those to whom the regulations of 24 CFR Part (.Dti<; 4'E:iti .l"Y,ZV 5LI3I{FL;IPIE�IT CO:� I'iL��CT Ccx�ks Chiltiren's Hc;tttti Care 55stem P.t�c 7 135 require emplo��rnent opportunities to he directed, were not filled to circumvent the continctor's obligations under 24 CFR Haut 135. F. Noncompliance -kvith 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. With respect to work performed in connection with Section 3 covered Indian housing assistance, section 7(b) of the Indian Self-Deternninadon and Education Assistance Act (25 6S.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 F?corlomic 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 maximuln extent Feasible, but not in derogation of cotnplisnce with section t (b)." City and Contractor understand and agree that compliance «-it1h the pro�risions 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. e. Cjther Laws Contractor covenants and agrees that its ofEicets, members, agents, enhplo�-ees, .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 ill applicable City ordinances, rules and regulations and Title I of the Housing and Community Development .Act of 19i4 (42 USC 53p1 et feq.), as amended, and the CDBG Regulations, as amended, (24 CFR Part 570 e/ seq.). Contractor further promises and agrees that it has read, and is familiar with, the terms and conditions of the Community Development Block Grant. under which CDBG Funds are granted and any applicable provisions of the C:D13G Regulations and that it will f1illy comply- with there. It is agteed and understood that, If C.Ity notifies Contractor of any such violatiotl on the part of Contractor or ally of its officers, members, agents, employees, Progtain participants or subcontractors, then Contractor shall immediately desist from and correct such violation. e�()l1if1.Ci7':l/lllltlilgll a. (..Yatltr:tctor 1vL11 Ilot ttrtla\t=ft.tll4 t11:�Cr.1I111I1aCC :ti�31t1sC any pCTs<?ih �lY pt'.CSOthS ltecnllSe of 9(:�, race, religion, nge, disability, color, nntionaI origin, or fatnihal status, nor twill Contractor pertnu its officers, members, agents, employees, stbcontractors 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 conna ection with the employment, advncement or discharge of employees or in connection with the terms, conditions or privileges of their employmerit, discriminate against persons (:DDG 1'�t1R aR?t'y St;13itLf;II'IE`:'1` COti"I B:1eT (;o�>ks {:hilclren's FIealth {;are titi�stem because of their age except on the basis of bona tide 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 speci67, in solicitations or advertisements for employees to work on this contract a maximum age limit For such employment unless the specified maxirnurn age limit is based upon a bona fide occupational qualification, retirement plan or statutory requirement. d. In accordance with the provisions of the ,\mericans With Disabilities Act of i )c)Cl {"_\D Contractor warrants that it and :ily and all of its subcontractors will not unlawfully discrinunate 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 r\Drys provisions and any other applicable Federal, state and local laws concerning disability and krill defend, indenulify and hold City harmless against any claims or allegations asserted by third parties or subcontractors against City arising out of Contractor's and/or its subcontractors' alleged failure to compl}. with the above -referenced laws concerning disability discrimination in the performance of this Contract. 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 Cit-c Code, and Contractor hereby covenants and agrees that Contractor, its officers, members, agents employees and subcontractors, ha filly complied with all provisions of same and that iio employee, ernploy ee-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. 1'ro1,64G1t1 wr .-:[;uirr.cl Lrt�rc>.;7 a. Ao member, officer or employee of City or its desi�hces 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, wwlho exercises any functions or responsibilities with respect to the. Program funded hereunder during his or her tenure or for one rear 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 causee 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 subcr)ntractors shall have a tmancial interest, direct or uidirect, in this Contract or. the CDBGr Funds transferred hereunder or be financially interested, directly, or indirectlt, in the sale to Contractor of any land, materials, supplies or services purchased with any CDRG Funds transferred hereunder, except on behalf of Contractor, as an officer, employee, menil.wr or Program participant. Any iyillful violation of this paragraph with the expressed or implied kiu::)wledge of Contractor or its subcontractors shall reader this Contract voidable by City, i). blixc}rrt3 rind Il'i».n:�rr Brnrress fntdri�rz.ie° Ccr»rnritir>>rrl Contractor agrees to abide. by C.ity's lx:Aicy to inyolrc Minority and \\��rnen 13usrttc" l nterpriscs "`\I11�1�Es") in all phases of its procurernerix practices end topr<.;z�ide theca an eyua opportunity c:ntir Yr::ta x,�xy st.-rsttErtrtEN r coN'ra:u;T Cixaks Rev, 08-2-W)9 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 Cit-1' Ordinance No. 13330, and all amendments or successor policies thereto, into all contracts and will further require all persons or entities -with u-hom it contracts to comply with said MW B s policy. 1 L�. 1�'�11-f1StiY�J1IIIG'tl/ No assignnment or delegation of duties under this Contract by Cont.ractc>r shall be effective without City's prior written approval. If such assignment occurs, Contractor shall ensure that all requirements of this Contract are enforced and maintained by any such Subcontractor or assignee by means of a currently executed written agreerrient covering the Contract term, a copy A which shall be inside available to City l I. Ittrlrft�tt:zrettt' Contrrt�'l�Iz• a. Contractor shall operate hereunder as an independent ec)ntractor and not as an oEticcr, agent, servant or employee of City, Contractor 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, enployees, subcontractors, Program participants, licensees or invitee. -I'he doctrine of respondeat superior shall not apply as between City and Contractor, its officers, members, agents, servants, employees, subcontractors, Program participants, licensees or hivitees, 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 Citn= does not have the legal right to control the details of the tasks 1erformed 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 NvaN damaged; and Contractor herebj- indemnities and holds harmless City and its officers, agents, and employees from anti against any and all claims or suits. i �. .jtNl�llNllfli71i7(Jti, �tl_+'tll'tllll"? rttlC✓' %11JJIt7tiJ5 t. CONTRACTOR COVENANTS AND AGREES TO I.NDEI�il'�IIFY, HOLD I-IARi1.1LESS AND DEFEND, A'T ITS Ol�%N EXPENSE, CITY AND :ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR DAINIAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, 'I'O 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, Gll13U 1'E;1R tixxN' SliF3RL-f.IPIENT CC)N"I'RAC:T Cooks Children's Ilrilth Care Svstem a«-. 08-24-09 Page 10 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, AND EMPLOYEES FOR ANY AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND tALLL 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, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS OF CITY, CONTRACTOR AGREES TO AND SHALL RELEASE CITY, ITS AGENTS, EMPLOYEES, OFFICERS AND LEGAL REPRESENTATIVES FRONT 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 At'�tD INDE>1�iNITY IN FAVOR OF THE CITY IN SUBSTANTIALLY THE SAME FORM AS ABOVE. b. C:ontl�actor u��ill m;iutt.zin blanket fidelity in the torrYr Of a hntzcl in the amount: e)f S21,S�I).�)t}, to it��:urc against Ic�ss frc�ul the fr.�ud, tfleft or dish<,nest�• of ins- of Contractc�c's offtcers, agents, trustees, directors or employees. The procceds of such bond shall be used to reimburse Cites,' for any and all loss c>f (;C)BG Funds occasioned by Such misconduct. Io effectuate such reimbursement, such b0tld shall inctitcle a rioter stating; that rcimbursement frig any Bass or losses thereunder shall be made directly to City Cor (lie uses and benefit of Contractor. <:. Contractor -shall furnish certificates of insurmice as proof that it ha.s secured and paid for policies of workers' compensation, public liability and autotliobtle liability insurance covering all risks incident to or in connection vkoith the c ecution, performance, attempted ri�ttc> rsAtc xtxv sL 13RLCIriLti�r cc»Tant:-r x«•. 08-2449 {:cx�ks C;hitdren's E{riltla Care Svstcit, Pala 11 perforinance or nonperf )rniance of this Contract. "I he amouunts of such insuratce shall not he less than the maxium liability that can be imposed on City under the laws of the State Of `I`esas. 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 suchrequirements. d. Contractor will subinit documentation to Ciry that it has Obtained insurance coverage and has executed bonds as required in this contract widen third= (30) daVS of the executiOn Of this Contract and prior to payment of any monies hereunder. e. art Of the City to request certificate(s) of insurance shall not be construed a 11ny failure on ps a waiver of such requirement or as a waiver of the insurance regtdretnenta 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 sacln company shall have a current minimum A,1I. Best Key Rating Guide rating of A: V11 or other equivalent insurance industry standard rating unless otherwise approved by City. Deductible limits on insurance policies shall not exceed S5,flOt� per occurrence unless otherwise approved by City. £ Any local, federal or other regulatory or 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 prox•ide 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 Iirnit of applicable project(s) costs when the value of materials involved exceeds S 10,000 or at a different limit value limit as specified by City. f�ririer ref Lr�mrnu/ If Contractor is a charitable or nonprofit organization and has or claims an irn>lnunin� cir exennpt.ion {statutortir or otherwise) fronh arul against lial7ility fc>r damages cFr injury, including death, to persons or property; Contractor hereby expressly waives its rights to plead defensively such inunutnit-V or exemption as against City. This section shill not be construed to affect a governmental entity's iurununities under constitutional, statutory Or common law. Renrerlies j%>r' Breach of C,rrnlr=rc7 L'poll _'identification of possible lhreaches Of this Contract, wind }riot to e:.ercising its Termination Bights under this Contract, Litt• neat• elect to escxcist� any of the f<-allowing Remedies: a) issuance of a warning letter indice tng that further failure to comply with applicable requirements will result in serious sanction and giving the Contractor a limited time to correct the deficiency; b) placing conditions upon award of future grants; c) directing the Contractor to stop incurring costs until the deficiency is corrected and the correction is verified; d) requiring repayment of r.DBCT Funds previt:nnsiv disbursed to the Contractor; and/or e) reducing the atnouunt of future grant awards or disallowing of future atvards to the Contractor, t:Dl3t: l'h:r\It 11X� SLF3RECtPtliti"I' (:oNI'12alCI' C�a�ks Chiidren's Health Care Scstera Page 12 15. Jt'/'lIIZIIQ/1011 a. I11 add1tI011 to, and I10t III SC1b;Cltutlotl for, other I11S % Chls C.C)nt.C3Ct >egard111g Che provision of public services with CDBG Funds, pursuant to Title I of the Housing and Community Development Act of 1974, as amended, (41. L`SC 3301 el 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 C:DI3G fear XXXV fields; that all monies distributed to Contractor hereunder shall be exclusively- from Federal monies received under solid grant and not from any other monies of Cite; ilnd that if such funds under City's grant are not timely forthcoming, in whole or in part, City 1`1111y at its scale d3iscretion, terminate this Contract and City shall not be liable for payment for any work or services performed be Contractor under or in connection with this Contract. b. C.ity may terminate .rhis Contract whenever such termination is determined to be in C;ii-' 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 agency operations. Cite may terminate this Contract if non- CDBG funds included in the Operating Budget are not forthconlulg to Contractor during the Contract term. d. CDBG Funds provided hereunder may not be used as collateral for loans to Contractor to defray agency oper,ution expenses, and any attempted use of CDBG Funds for this purpose will result in termination of this Contract be 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 Contractor's receipt of such termination Ilotice, Contractor will: G Stop work under the Contract on the date and to the extent specified by City; a Crease expenditures of CDBG Punds, 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. E. Contractor will return to Citv any unused CDBG Funds previously advanced by City- under this Contract within thirty (30) days of the effective date of Contract termination. Clty will have no responsibilinr or liability for Contractor `s expenditures or actions occurring after the effective date of Contract termination. 1 t%j/r11is:jli0tt [Zc,y<<rr/iirs.I_a�li)jettjj a. `I'lle undersigned represenratic-e of Contractor hereby' certifies, to the_ best of ]lis or her lulotvledge wild l.>elief, that: �t7 federal appropriated fiurlds h:Ive been paid or will be paid, by of out behalf of Contractor, to any person Cot influencing or attempting to influence arl officer or e111ph_yce of any agency`, a member of C:;ongress, an officer or employee of Congress or an employee of a member of Congress in connection with the awarding of anti Federal contract, the making of any federal grant, the malcinp of any Federal loan, the entering into of ally Cooperative agreement and the extension, eontilnlation, renewal sul�cndlnent or modification of auy federal contract, grant, loaf or cooperative agreement. (::outractor stall require that the language �>f this certification be included in all subcontracts >r agreements involving the expenditure of Federal funds. CDBG YEA It NDCAS SUBRECIPICNT CONTRACT Rey-. 08-24-09 Cimks Children's Health Care System Pale 13 b. If any funds other than I=ederal appropriated funds have been paid or will )e paid to person for influencing or attempting to influence all officer or employee of any agency a member of Congress, an officer or employee, of Congress, or an employee of a member of G�ngress in connection with this Federal contract, grant, loan or cooperative agreement, Contractor shall complete and submit Standard Dorm-I..LI.,, "Disclosure Form to Report L,obbving,it ill 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 e prerequisite for making or entering; into this Contract unposed by 31 L SC Section 1312. 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 S 100,000.00 for each such failure. 1?. �1:11����1r'r»rrurrti f�r�uihi�ir.' a. r\11 terms of this Contract shall apply to auy and all subcontractors of Contractor wlio are in any way paid with CDBGr Funds or who perform any work in connection with Contractor's Program. b. The provisions of this OF 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, quell iivalidity shall not affect other provisions which can be given effect without the invalid provision. c. C:ity's failure to insist upon the performance of any term or provision of this Contract or to exercise arty right herein conferred shall not be construed as a war -ter or relinquishment to any extent" of Cin''s right to assert or reh upon ally such term or right on any future OCCastoll. c1. Should and= action, whether real or asserted at law or in equity, arise out of the execution, performance, attempted performance or nouperfotmance of this Contract, venue for action Shall lie in Tarrant Counn'; Texas. e. 'This written instrument and the exhibits attached hereto, which are incorporated by refcrence 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. Ally amendments to the terms of this Contract must be in writing; and trust be approved by each Parry. f. .A1.1 notices required or permitted by this Contract trust be in writing and are deerned 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 Dart, at the address set Deft in the preamble of this Contract or at such other address as the receiving Party- designates by proper notice to the .endIng Party. g. None of the performance rendered under thus Contract shall involve, send n.o portion of the. C::DI3G Funds received hereunder shall be used, director or indirectly; for the construction, operations, maintenance or administration of ;any sectarian or religious facility or activity, nor OF shall said performm lice rendered Or funds received be utilized so as to benefit, directh or indirecty, ansr such sectarian or religious facility- or activity. CI.)I1G 1"E.1R XX.�iV 511DI2F•,{:CY[hti'i' CON"I'I2:1e;T• t2ec•. �)3-21.07 {:oohs Chitdren's I icalth {:are Svstcm Page IQ h. C.,ontsactor. represents that it possesses the legal authoritlr pursuant to an�� 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 cerriFIes that it has obtained a 501 (c) (:7} Certificate from the Internal Revenue Service, Contractor sliall nodfv City In Writing of any changes to its 'DO] (c) (1) tax-exempt status during the terns of this Contract. [SIGH:<\TLRIti iI'PL:_\R (_)�i I=OI.LC)ll�'ItiG 1'\CAI) CDI3G I'I�\RXY`CV St F312F:CIPFE'ti"I" COV"I"ILICI' Rev. OS-24-09 C�x�ks Cl+itdren's Ilcaltt� Care Svsteai Ya;;e �� IN tiWI`INFSS EWFIFIOF, the Parties hereto have exec Led three copies of t{lis GontraCt in I%ort Worth, Tarrant County, Texas, this o� - day of .a , 20QA C.tT�' OF FORT �WORTI-i T, M. Higgins , ;assistant City Manager r1PI'I2C.��rI<;ll AS TO FURnI AND LEG�II.IT�': orl City t�ttorney AT'TES I': City Secretary S Ii�TE UI"I'E��S COUN"LY OF TARRANT T`lus instruument was acknowledged before me on Fligguls, the s�ssistant City 14lanager of the City of ,Worth. MARIA S• gANCHEZ MY COMMISSION EXPIRES December 14l 2p13 c,o>~IN,� CaF'L'�1RP.r�N'I° Gook Ghildren's I Iealth Care S�=stc�� Linda 9 ppel1 Senior Vic President, QuaVIANIanqgement ..Phis instrument was acknowledged before I Linda S. Chappell, the Senior Vice President, ual• a Syste, a Texas non-profit corporati mon, on behoUf of said SUSpN D. ROBERTSFIAW MY COMMISSION EXPIRES Ap1125, 2012 COBG YFi�1it YXXV 5t311RIiCIPILN'I' CON'i'RAC'I' t;cwka Cifildren's T�Tealth Ccire System Contract Author; i zatioia a� I _, 20L by T.I�•I. EWorth, od behalf of the City of Dort N ary Public, State of Texas/ Go<.�k t;llildren� I-{ealth Care Nosy Public, State of "Txas OFFICIAL RECORD CITY SECRETARY F`I: VI ORT+i;OTX Page 16 Cook Children's Health Care System EXHIBIT A Save a Smile SCOPE OF SERVICES PROGRAM SUMMARY COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) CONTRACT NO. SCOPE OF SERVICES June 1, 2009 - May 31, 2010 PERIOD $21,0 tv AMOUNT This Scope of Services is based on the proposal prepared and submitted by the Subrecipient through the City of Fort Worth's annual Request for Proposal (RFP) process. The Subrecipient agrees to operate this Community Development Block Grant (CDBG) program in a manner consistent with the program delivery stated in the approved proposal. However, in the event of any conflict between the proposal and any provision contained, herein, this Agreement shall control. The Cook Children's Health Care System will provide Oral Health Care and Screening to low income elementary school (K - P) children. The Save a Smile program will include the following tasks and activities; 1) dental screening and oral health classification to a projected 5,500 children; 2) oral health kits (containing a toothbrush, toothpaste, floss, fluoride wash [2°d and 3`d graders only], a sticker, tooth fairy box, educational information regarding dental care and a list of low- cost providers in the community, all provided in English and Spanish), to a projected 5,500 children, and 3) a free visit with a volunteer provider or referral to Medicaid or other dentist to 300 children and 4) at least 400 free follow-up visits with volunteer providers, to targeted low-income pre -kindergarten through P grade children, all at no cost to children or families. All services will be provided at Fort Worth ISD, HEB ISD and Keller ISD low income public elementary schools from school year during June 1, 2009 to May 31, 2010 (service hours, including days of operation). The purpose of the program will be to provide Oral Health Care and Screening to low income elementary children. The specific objectives, goals and level of services to be provided are listed below along with the geographical location of clients served. All services will be provided from June 1, 2009 to May 31, 2010. CDBG funds will assist with the salaries of six Case Aides and their supervising Master's level Social Worker, who facilitate the provision of free dental care, translation services and transportation services to targeted low- income children, pre --kindergarten through third grade, who would otherwise lack access to dental care. *CDBG funds will be used to support staff time for at least 175 initial dental appointments, 250 follow up appointments and 1,200 follow up phone calls only. As income verification for these services sample Do y stubs, certification of income verification documents and letters from homeless shelters_ _will be obtained. All services will be provided at Fort Worth ISD, HEB ISD and Keller ISD low income public elementary schools from school year during June 1, 2009 to May 31, 2010 (service hours, including days of operation). REGULATORY CLASSIFICATION: National Objective Citation: 24 CFR 570.208(a)(2){b} Limited Clientele Regulatory Citation: 24 CFR 570.201(e) Public Service Based on the nature of the service provided, Subrecipient Communities in Schools will maintain documentation that verifies that 51% of clients served by the Save a Smile program are income eligible with current household incomes under 80% of Area Median Income (AMI) as established by the Department of Housing and Urban Development (HUD). GEOGRAPHICAL LOCATION: Site Address: 801 Seventh Ave Fort Worth, TX 76104 Client Beneficiary Location (Neighborhood, District, Citywide...): Citywide Eight FWISD elementary schools: Diamond Hill, San Rosen, Oakhurst, Natha Howell, Hubbard heights, Dolares Huerta, Meadowbrook, M.H. Moore; and the following two Keller ISD schools: North Riverside, Parkview. Please note: The two Keller Schools Served are in the Fort Worth city limits. Please see attached list of schools including addresses. PROGRAM GOALS: To improve the dental health and awareness of proper dental care of children in the above mentioned Client Beneficiary Locations. PROGRAM OBJECTIVES: Educate 100% of targeted children seen by Save a Smile volunteer dentist in proper oral health, provide 100% of targeted children with dental hygiene kit and provide referral to a volunteer provider or Medicaid/CHM for children in need of treatment. PROGRAM SERVICES and ACTIVITIES Total Units of Services for Year Number of Unduplicated Clients Served 55500 Dental Screenings 3,900 -n o__ g ^*: O O v(D n D Cl) A S kCD N O = o cp _ to L C _ L C C to N N p w C0 m ? r* N C (An G ri Z � 0 0 v � 0 co m o o (n OMi N D ma o o A tr O CA) N N N 0 O C" O00 L!1 m CITY OF FORT WORTH CDBG YEAR XXXV EXHIBIT C Page 1 of 3 CONTRACTPERIODI From: June 1, 2009 To: 5/31/2010 Name of Sub Grantee Cooks Children's Health Care System Name of Program Save a Smile Program CDBG Cost Category Budget Funds a b c d PERSONAL SERVICES Salaries $109,783,00 109,783.00 FICA $7,685.00 $7,685.00 Life Insurance $439.00 $439,00 Health Insurance $11,966.00 $11,966.00 Employment Tax - State $110.00 $110,00 Worker's Comp $878.00 $878.00 Retirement $33403.00 $3,403.00 Other $3,185.00 $3,185,00 SUPPLIES Office Supplies $1,250,00 $1,250.00 Postage $2,100,00 $2,100.00 Teaching Aids Food Supplies $3,000.00 $3,000400 Other Operating Expenses(Dental Hygiene Kits) $26,550.00 $26,550.00 CONTRACTUAL SERVICES Telephone Electric Gas Water/Waste Disposal Rent [Building] $2,028,00 $2,028.00 Custodial Services Office Equipment Rental* Printing Repairs Fidelity Bond*** Liability Insurance*** Legal & Accounting Travel/Parking $1, 500,00 $1,500,00 Advertising $169971,00 $16,971.00 Conference & Seminars $250.00 $250.00 Contractual Services $154,423.00 $21,870.00 $132,553.00 Miscellaneous $1,260.00 $1,260,00 CAPITAL OUTLAY office Furniture Computer Equipment Other: office equipment] $200.00 $200,00 TOTAL $346,981.00 $21,870.00 $3251111.00 * Specify on Budget Detail (following pages) *` Use one column for each non -grant funding sours; note below which column equates to each source (from Leverage of Funds) **` Fidelity bond & liability insurnace are required of all subcontractors & may be paid from grant funds or other funds. MATCHING FUND SOURCES [a] Other Grants/Gifs (CCHCS4-Kind Contribution over $25,000 in support services) [b] (c] [d] BUDGET DETAIL Page 2 of 3 Hourly Annual % of Position / Title Rate Hours Time Amount 1 Licensed Master's Social Worker $20683 $ 43,326.40 8% $3,466.11 2 Case Aide 1 FTE $11484 $ 20,933.12 18% $3,767.96 3 Case Aide 3 FTEs @ $11.33 each $11.33 $ 60,094.32 15% $%014.15 4 Case Aide 1 FTE $11.00 $ 19,448600 18% $3,500.64 5 Case Aide 1 F'1'E $10.00 $ 10,400.00 20% $2,121 s60 6 7 8 9 10 TOTAL STAFF SALARIES CATEGORY FICA Life Insurance Health Insurance Employment Tax Worker's Comp Retirement TOTAL FRINGE BENEFITS TOTAL PERSONNEL SERVICES Total Progam Amount %Paid %Paid Amount by Agency by CDBG Amount CATEGORY Telephone Electric Gas WasteMater Disposal Other Total Utilities 1 2 3 TOTAL BUILDING LEASE CATEGORY Fidelity Bond Liability Insurance Legal & Accounting Postage Printing Mileage Advertising Teaching Aids/Office Supplies Contractual Service (Case Aides) TOTAL OTHER EXPENSES EVENT BUDGET DETAIL NUMBER OF MONTHS AVERAGE COST PER MONTH Page 3 of 3 AMOUNT LOCATION NO. SQUARE FOOT FOOT AMOUNT TOTAL CHARGE TOTAL CHARGE OTHER EXPENSES CHARGED TO CDBG CONFERENCES AND SEMINARS %CHARGED TO CDBG AMOUNT AMOUNT 1 2 3 TOTAL CONFERENCES AND SEMINARS $ - ITEM TOTAL CHARGE 1 Copier Lease 2 TOTAL OFFICE EQUIPMENT RENTAL OFFICE EQUIPMENT RENTAL CHARGED TO CDBG AMOUNT Attachment I CITY OF FORT WORTH HOUSING AND ECONOMIC DEVELOPMENT DEPARTMENT COMPLIANCE DIVISION REQUEST FOR FUNDS AGENCY: Cook Children's Health Care System PROGRAM: ADDRESS: 801 Seventh Avenue CONTRACT NUMBER: Fort Worth, TX 76104 CONTRACT AMOUNT: CONTRACT DATE: DATE OF REQUEST: SECTION 1 (AGENCIf� 1. Reimbursement Request A Expenditures: B. Reimbursement 2. Requested By: A Agency Linda s. Chappell (Name) SECTION 11 (CITIf� 1. BUYSPEED -Purchasing Request A BUYSPEED INPUT: Vendor/PO Number/Requisition Number: B. Fund/Account/Canter C. Total Amount of this Request SECTION III (CITY) 1. Verification A Contract Compliance Specialist B. Accounting 2. Authorization A Grants Manager Sherry Johnson (Name) (Name) Barbara Asbury (Name) J@SUS "Jay" Chapa (Name) IDIS NUMBER: CURRENT MONTH (Signature) G R76/539120/017206350510 (Signature) (Signature) (Signature) (Signature) Dis6lbution: t Copy -Accounting 1 Copy - Complance Note: Any Request for Funds that exceed $8500 require the signature of both Grants Manager/Designee and Director Save a Smile 19870 CUMULATIVE (Date) (Date} (Date) (Date) (Date) Attachment II CITY OF FORT WORTH HOUSING & ECONOMIC DEVELOPMENT DEPARTMENT COMPLIANCE DIVISION DETAIL STATEMENT OF COSTS AGENCY CONTRACT NO. PROGRAM TO DATE COST CATEGORY ACCOUNT PROGRAM BUDGET MONTHLY EXPENDITURES CUMULATIVE 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 [UtiliM 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 $21 870.00 CAPITAL OUTLAY Furniture Fixtures 541 330 Office Equipment, Computers 541 370 Other Equipment 541 320 TOTAL $21,870.00 $0000 $0600 $0000 Contractor's Certification: I certify that the costs incurred are taken from the books of account and that such costs are valid anA consistent with the terms of the agreement. NAME and TITLE OF AUTHORIZED OFFICER SIGNATURE and DATE Attachment III CITY OF FORT WORTH HOUSING & ECONOMIC DEVELOPMENT DEPARTMENT COMPLIANCE DIVISION EXPENDITURES WORKSHEET Cook Children Health Care System Agency Save a Smile To Report Period Nrogram NO 1 2 3 4 5 6 DATE CHECK NO PAYEE DESCRIPTION ACCOUNT NO. AMOUNT 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 TOTAL $0.00 TITLE OF AUTHORIZED OFFICER SIGNATURE AND DATE CITY OF FORT WORTH Attachment IVa HOUSING AND ECONOMIC DEVELOPMENT DEPARTMENT COMPLIANCE DIVISION CDBG YEAR XXXV 1. Name and Address of Sub -Grantee 2. Project Name Save a Smile Cook Children's Health Care System 801 Seventh Avenue 3. Contract No. Fort Worth, TX 76104 4. Date of Request Month & Year 6. Program Services and Activities Current Month Cumulative Number of New Households andfor Persons Served S. Direct Benefit (Continued) Extremely Low Very Low Income Low Income Income (0<30%) (3140%) (61-80%) Above Low Income (80%>) Current Month Cumulative Household Size 1 2 3 4 5 6 7 8 040% $13,850 $15,850 $17,800 $19,800 $21,400 $22,950 $24,550 $26,150 31060% $23,100 $26,400 $29,700 $33,000 $35,650 $38,300 $40,900 $43,550 51.80% $36,950 $42,250 $47,500 $52,800 $57,000 $61,250 $65,450 $69 7700 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. It is also acknowledged that the provision of false information could leave the certifying official subject to the penalties of federal, state, and local law. Date: Submitted by: Signature Required Phone No. CITY OF FORT WORTH HOUSING AND ECONOMIC DEVELOPMENT DEPARTMENT COMPLIANCE DIVISION CDBG YEAR XXXV Name and Address of Sub -Grantee Cook Children's Health Care 801 Seventh Avenue Fort Worth, TX 76104 Direct Benefit Data (New Household and /or Persons Current Month Cumulative White Black/African American Asian American Indian/Alaskan Native Native Hawaiian/Other Pacific Islander Indian/Alaskan Native & White Asian & White Black/African American&White Indian/Alaskan Native & Black African 2. Project Nam Save a Smile 3. Contract No. 4. Date of Request Month &Year Ethnici (Section Must be Completed) Hispanic Current Month Attachment IVb Hispanic Non -Hispanic Cumulative Current Month Other Multi -Racial TOTAL 0 0 0 0 0 Female Head of Household Month Ave cation: The undersigned, hereby, gives assurance that to the best of my knowledge and belief, the data included in this report is true and ate. It is also acknowledged that the provision of false information could leave the certifying official subject to the penalties of federal, and local law. Date: Submitted by: Phone No. Ethnicity- Report whether client identifies themselves as Hispanic or Non -Hispanic Race- Identify the category chosen by the client CITY OF FORT WORTH Attachment IVb HOUSING AND ECONOMIC DEVELOPMENT DEPARTMENT COMPLIANCE DIVISION Ethnicity- Report whether client identifies themselves as Hispanic or Non -Hispanic Race- Identify the category chosen by the client CITY OF FORT WORTH Attachment V HOUSING AND ECONOMIC DEVELOPMENT DEPARTMENT COMPLIANCE DIVISION CDBG YEAR XXXV Agency/Address 2. Program Name: Save a Smile Cook Children's Helth Care System 3. Contract No: Contract Date: June 1, 2009 801 Seventh Avenue Contract Amount: $21,870 Fort Worth, TX 76104 4. Date of Request: Month &Year 5. PROGRAM SERVICES AND ACTNITIES: **Goals listed on Contract Exhibits A&B should be listed here. CURRENT CUMULATNE Dental Screenings --- *Initial Dental Appointments *Follow -Up Appointments *Follow -Up Phone Calls 6. 7. PROBLEMS ENCOUNTERED / SOL.UTIONS PROPOSED: 8. 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. ft is also acknowledged that the provision of false information could Issue the certifying official subject to the penalties of federal, state, and local law. Submitted Signature Req Phone No. 0 z 6/ co k 3 n w rr a on a 0 x 0 x a a w w 0 n a C� 0 G 0 � n 3 � rt CL m CD xD' a < <n D S C om (D � m = cn a. CD ('j� 3 a 3 � N EXHIBIT D CITY OF FORT WORTH HOUSING &ECONOMIC DEVELOPMENT Audit Certification Form Subrecipient:Cook Children's Medical Center Fiscal Year Endinga09/30/09 Mo Day Yr ® During the fiscal year in which funds will be received, we will exceed the federal expenditure threshold of $500,000. We will have our Single Audit or Program Specific Audit completed and will submit the A-l33 audit report within nine (9) months after the end of the audited fiscal year or thirty (30) days within its completion, whichever is the earlier date. ❑ During the fiscal year in which funds will be received, we will not exceed the $500,000 federal expenditure threshold required for a Single Audit or a Program Specific Audit to be performed this fiscal year. (Fill out schedule below) Federal Expenditure Disclosure Federal Funds Must be filled out if Single Audit or Program Audit is not required: Federal Grantor Pass Through Grantor Program Name & CFDA Number Contract Number Expenditures Total Federal Expenditures for this Fiscal Year $ Linda S. Chappell Sr. VP Quality Management Prin d Name Title (Must be CFO, CEO or equivalent) � .� 4 rized Signature be CFO, CEO or equivalent) _(682) 885-2103 01 /21 /10 Failure to submit this or a similar statement or failure to submit a completed single audit package as described in the federally required audit requirements described in OMB Circulars A-133 by the required due date may result in suspension of funding and may affect eligibility for future funding. Notwithstanding the above, this certification acknowledges the agency's commitment to meet all other financial reporting, financial statements, and other audit requirements as may be set forth in the contract.' OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Cooks Children's Health Care System Save a Smile EXHIBIT E CONFLICT OF INTEREST All Applicants The standards in OMB Circular A -I 10, 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 would arise when an employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization 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 Applicants Only 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 to the best of my knowledge that no conflict of interest exists between The City of Fort Worth and Cook Children's Health Care System (Name of Organization) I certify to the best of my knowledge that no conflict of interest exists between the subcontractors of and Cook Children's Health Care System (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 (Name of subcontractor) (Name of Organization) Describe the nature of the conflict of interest below: (Pleaseidentify the individual, employment, and the con'. Signature of Authorized Agency �ci�l Linda S. Cha ell, Sr. Vice President Quali Management A th dA Off ' 1N P T' I u onze gency icia amp osthon rt e Typed Name and Title and ict or potential conflict [their IAL ECORD CITY SgtWARY , FT. RT TX Nation with your