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Contract 43688
STATE OF TEXAS COUNTY OF TARRANT This contract ("Contract") is made and entered into by and between the City of Fort Worth (hereafter "City") and Cenikor Foundation (hereafter "Agency"), a Texas nonprofit corporation. City and Agency may be referred to individually as a "Party" and jointly as "the Parties". The Parties state as follows: WHEREAS, City receives grant monies from the United States Department of Housing and Urban Development ("HUD") through the Community Development Block Grant Program ("CDBG"), Program No. B-12-MC-48-0010, Catalog of Federal Domestic Assistance No. 14.218; WHEREAS, a national objective of the CDBG program is to benefit low and moderate income citizens (the "National Objective"); WHEREAS, Agency submitted a proposal to use CDBG funds for an eligible Program (defined below) under the CDBG Regulations (defined below) whereby Agency will provide services as further described in Exhibit "A"- Program Summary; WHEREAS, City citizens, the Community Development Council, and the City Council have determined that CDBG programs are needed by the City's citizens; NOW, THEREFORE, the Parties understand and agree as follows: 1. INCORPORATION OF RECITALS. City and Agency hereby agree that the recitals set forth above are true and correct and form the basis upon which the Parties have entered into this Contract. 2. DEFINITIONS. In addition to terms defined in the body of this Contract, the terms set forth below shall have the definitions ascribed to them as follows: Area Median Income (AMI) means the median family income for the Fort Worth - Arlington metropolitan statistical area as established by HUD. The 2012 income limits are attached hereto as Exhibit F. Business Diversity Enterprise Ordinance or BDE means the City's Business Diversity Ordinance, Ordinance No. 20020-12-2011. Complete Documentation means: • Attachments I and II, with supporting documentation as follows: CDBG PSA CONTRACT 2012-2013 - CENIKOR FOUNDATION 10-04-12 A09:52 IN OFFICIIAL E sotin ©nrr e/f i 4 V F_FIL o Proof of expense: copies of timesheets, invoices, leases, service contracts or other documentation showing that payment is due by Agency o Proof of payment: cancelled checks, bank statements, or wire transfers necessary to demonstrate that amounts due by Agency were actually paid by Agency ® Proof of client eligibility: o In the event that Agency is a facility that provides a public service, this means documentation that clients served by Agency are CDBG Eligible Clients. o Source Documentation sufficient to show that clients participating in the Program are CDBG Eligible Clients Other documentation: (i) documentation to show compliance with BDE or DBE bidding process for procurement or Contract activities, if applicable; and (ii) any other document or records reasonably necessary to verify costs spent and client eligibility for the Program. CDBG Eligible Client means a client whose annual income adjusted for family size does not exceed 80% of AMI using the most current HUD Income Guidelines and Technical Guidance for Determining Income and Allowances verified by either Source Documentation or the form in Exhibit E - Income Self -Certification. The definition of annual income to determine client income eligibility under this Contract shall be the definition contained in 24 CFR Part 5.609 as amended from time to time. CDBG Funds means City's CDBG funds supplied by City to Agency under the teluas of this Contract. CDBG Regulations means regulations found in 24 CFR Part 570 et seq. DBE means disadvantaged business enterprise. Director means the Director of the City's Housing and Economic Development Depth talent Effective Date means October 1, 2012. HED Department means the City's Housing and Economic Development Department. Program shall mean the service(s) described in Exhibit A - Program Summary. Reimbursement Request shall mean all reports and other documentation described in Section 9 Source Documentation means any documentation allowed under the 24 CFR Part 5.609 definition of annual income. CDBG PSA CONTRACT 2012-2013 - CENIKOR FOUNDATION 2 Unduplicated Clients means a count of individuals served once in the Contract year. Even if a person is served multiple times in the Contract year, they will only be counted once when determining the number of Unduplicated Clients. 3. TERM. The term of this Contract begins on October 1, 2012 and terminates on September 30, 2013 unless terminated as provided in this Contract. 4. DUTIES AND RESPONSIBILITIES OF CITY. 4.1 Provide CDBG Funds. City shall pay up to Seventy Five Thousand and No/100 Dollars ($75,000) of CDBG Funds on a reimbursement of expenses basis, under the terms and conditions herein This Contract is contingent upon the receipt by City of CDBG funds from HUD. If CDBG funds are not received or if City's allocation of CDBG funds changes, City reserves the right to amend or terminate this Contract. 4.2 Monitor. City will monitor the activities and perfoiniance of Agency and any of its contractors or subcontractors as necessary, but no less than annually Monitoring may include all phases and aspects of Agency's performance to determine compliance with the Program and other technical and administrative requirements of this Contract including the adequacy of Agency s records and accounts. 5. DUTIES AND RESPONSIBILITIES OF AGENCY. 5.1 Required Services. In accordance with the terns and conditions of this Contract, Agency shall perform the service as described in Exhibit "A" - Program Summary. 5.2 Use of CDBG Funds. 5.2.1. Expenditures in Compliance with CDBG Regulations and Contract. Agency shall be reimbursed for the Program costs with CDBG Funds only if City determines in its sole discretion that: 5.2.1.1 Costs are eligible expenditures in accordance with CDBG Regulations. 5.2.1.2 Costs are in compliance with this Contract and are reasonable and consistent with industry norms. 5.2.1.3 Complete Documentation is submitted to City by Agency. 5.2.2 Budget. Agency agrees that CDBG Funds will be reimbursed in accordance with Exhibit CDBG PSA CONTRACT 2012-2013 - CENIKOR FOUNDATION 3 "B" - Budget. During the Teini, Agency may submit written requests to increase or decrease line -item amounts in the Budget, including an explanation of why such increases or decreases are necessary. All such requests must be approved by the Director in writing, such approval being in the Director's sole discretion If Director gives written approval of Agency's proposed Budget amendment (as approved, the "Amended Budget"), then the Amended Budget will take effect on the first day of the month following the month in which it was approved by Director, unless otherwise specified in the amendment. Final budget amendment requests must be submitted by August 15, 2013. 5.2.3 Change in Program Budget. 5.2.3.1 Agency will notify City promptly of any additional funds it receives for operation of the Program, and City reserves the right to amend this Contract in such instances to ensure compliance with HUD regulations governing cost allocation. 5.2.3.2 Agency agrees to utilize funds available under this Contract to supplement rather than supplant funds otherwise available for use in the Program. 5.2.4 Payment of CDBG Funds to Agency. CDBG Funds will be disbursed to Agency on a reimbursement basis upon City's approval of Agency's written and signed Reimbursement Requests including submission of Complete Documentation to City If Agency expends all funds prior to September 20, 2013, City may hold back a small amount of the CDBG Funds until the end of the Term. During this interim period, Agency must continue to submit Reimbursement Requests with an invoiced amount of $0. 5.3 Program Performance Milestones. Agency warrants that the Program will achieve the following milestones • Month Expenditures 3 6 8 11 27.27% 54.54% 72.72% 100% Unduplicated Clients (as specified in Exhibit A) 27.27% 54.54% 72.72% 100% Failure of Agency to meet these milestones or a material deviation from them as outlined in this Section 5.3 is a breach of this Contract. For the purpose of this Section, "material deviation' shall mean more than 10% lower than the specified goal. In the event of such breach, City reserves the right at its sole option to delay or withhold payment of Reimbursement Requests, to lower Agency's allocation of CDBG Funds, or to terminate this Contract. 5.4 Commingled Funds. CDBG PSA CONTRACT 2012-2013 - CENIKOR FOUNDATION 4 Agency 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. 5.5 Meet National Objective. Agency certifies that the activities carried out under the Program and this Contract will meet the National Objective of benefitting low- and moderate- income persons. 6. CLIENT ELIGIBILITY VERIFICATION. 6.1 Client Eligibility. Agency will document the eligibility of all prospective clients. Agency will document client eligibility using the method set forth below in Section 6 1 2 All other subsections of this Section 6.1 are not applicable to this Contract. 6.1.1 Agencies Receiving CDBG Funds and Serving a Limited Clientele. Agency must document that all clients served fall under a "presumed benefit" category as defined in 24 CFR 570. Relevant categories of presumed benefit are: severely disabled adults, homeless persons, or abused or neglected children and youth. Eligible fowls of documentation include: 6.1.1.1 Severely Disabled Adults. Written, signed and dated diagnosis from a licensed medical professional 6.1.1.2 Homeless Persons. A written, signed, and dated certification from an outreach worker. 6.1.1.3 Abused or Neglected Children and Youth. A written, signed, and dated certification from an outreach worker 6.1.2 Agencies Receivmg CDBG Funds and Serving a General Clientele. Agency must verify all new clients' income eligibility with either Source Documentation or the form attached as Exhibit `E" — Form of Self Certification. Agency must use the annual income definition used by 24 CFR 5.609 to establish client income eligibility Agency shall use the most current HUD Income Guidelines All clients' income must be documented, but only 51 % of clients must meet income eligibility requirements described in 24 CFR 5.609. 6.1.3 Agencies Receiving CDBG Funds and Serving 100% Clientele Program Agency must verify all new clients' income eligibility with either Source Documentation or the form attached as Exhibit `E" — Form of Self Certification. Agency must use the annual income definition used by 24 CFR 5.609 to establish client income eligibility Agency shall use the most current HUD Income Guidelines. All clients' income must be documented, and 100% of clients must meet income eligibility requirements described in 24 CFR 5.609. CDBG PSA CONTRACT 2012-2013 - CENIKOR FOUNDATION 5 6.2 Submission of Eligibility Documentation. Agency must submit copies of all relevant components of the eligibility verification documentation described in Section 6.1 with Attachment III in each month's Reimbursement Request, and must maintain copies of such documentation as required under this Contract. 7. Additional CDBG Requirements. Agency agrees to comply with all requirements of the CDBG Program as stated in the CDBG Regulations, including, but not limited to the following* 7.1 Environmental Review. CDBG Funds will not be paid, and costs cannot be incurred until City has conducted and completed an environmental review as required under 24 CFR Part 58. The environmental review may result in a decision to proceed with, modify, or cancel the Program. Further, Agency will not undertake or commit any funds to physical or choice limiting actions. Any violation of this provision will (i) cause this Contract to telutinate immediately; and (ii) require Agency to repay to City the CBDG Funds it has already received and forfeit any future payments of CDBG Funds. 7.2 Contract Not Constituting Commitment of Funds. Notwithstanding any provision of this Contract, the Parties agree and acknowledge that this Contract does not constitute a commitment of funds, and that such commitment of funds or approval may occur only upon (i) satisfactory completion of environmental review and receipt by City of an authorization to use grant funds from HUD under 24 CFR Part 58, (ii) approval of City's 2012-2013 Action Plan, (iii) and receipt by City of grant agreement from HUD. 7.3 Monitoring. 7.3.1 Agency understands and agrees that it will be subject to monitoring by City for compliance with the CDBG Regulations for the duration of this Contract and until the Program is closed in HUD's IDIS system. Agency will provide reports and access to Program files as requested by City for 5 years after closeout of this Contract in HUD's IDIS system, and will meet all the reporting requirements set out in this Contract. This Section shall survive the ten nination or expiration of this Contract. 7.3.2 City HUD, and the United States Comptroller General or their respective representatives shall have access at all reasonable hours to the Agency's offices and records dealing with the use of the CDBG Funds that are the basis of this Contract, and to Agency's officers, directors, agents, employees, contractors and subcontractors for the purpose of such monitoring. 7.3.3 In addition to other provisions of this Contract regarding frequency of monitoring, City reserves the right to perform desk reviews or on -site monitoring of Agency's compliance with the Willis and conditions of this Contract, and of the adequacy and timeliness of Agency s perfoiinance under this Contract. After each monitoring visit, CDBG PSA CONTRACT 2012-2013 - CENIKOR FOUNDATION 6 City shall provide Agency with a written report of the monitor's findings. If the monitoring report notes deficiencies in Agency's performance, the report shall include requirements for the timely correction of said deficiencies by Agency. Failure by Agency to take the action specified in the monitoring report may be cause for suspension or termination of this Contract as provided herein. 7.3.4 Agency will maintain all records related to this Contract for a minimum of 5 years after termination of the Contract. 7.4 Aeencv Procurement Standards. Agency shall establish procurement procedures to ensure that materials and services are obtained in a cost effective manner. When procuring services to be provided under this Contract, Agency shall comply at a minimum with the procurement standards at 24 CFR Part 84.40 through 24 CFR Part 84.48. 7.5 Cost Principles/Cost Reasonableness. Agency shall administer its use of CDBG Funds in compliance with OMB Circular A-122, "Cost Principles for Non -Profit Organizations", as amended from time to time. The allowability of costs incurred for performance rendered shall be determined in accordance with OMB Circular A-122 as supplemented by the provisions of this Contract. 7.6 Accountinti Standards. Agency agrees to comply with OMB Circular A-110, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and other Non -Profit Organizations", and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 7.7 Uniform Administrative Requirements. Agency will comply with the Uniform Administrative Requirements set forth in 24 CFR Part 57.502 or any reasonably equivalent procedures and requirements that City may require. 7.8 Terms Applicable to Agencies and Subcontractors. Agency understands and agrees that all terms of this Contract, whether regulatory or otherwise, shall apply to any and all contractors and subcontractors of Agency which are in any way paid with CDBG Funds or who perform any work in connection with the Program Agency shall cause all applicable provisions of this Contract to be included in and made a part of any contract or subcontract executed in the performance of its obligations hereunder. Agency shall monitor the services and work perfonnred by its contractors and subcontractors on a regular basis for compliance with the CDBG Regulations and Contract provisions. Agency is liable for all violations of the CDBG Regulations committed by its contractors or subcontractors. City maintains the right to insist on Agency's full compliance with the twins of this Contract and Agency is responsible for such compliance regardless of whether actions taken to fulfill the requirements of this Contract are taken by Agency or by Agency's contractors or CDBG PSA CONTRACT 2012-2013 - CENIKOR FOUNDATION 7 subcontractors. 8. RECORD KEEPING. REPORTING AND DOCUMENTATION REOUIREMENTS. 8.1 Record Keening. Agency shall maintain a record -keeping system as part of its performance of this Contract and shall promptly provide City with copies of any document City deems necessary for the effective fulfillment of City's monitoring and evaluation responsibilities. Specifically, Agency will keep or cause to be kept an accurate record of all actions taken and all funds spent, with source and back-up documentation. 8.2 Access to Records. City and any duly authorized officials of the federal government will have full access to, and the right to examine, audit, copy, excerpt and/or transcribe any of Agency s records pertaining to all matters covered by this Contract. 8.3 Reports. Agency will submit to City all reports and documentation described in this Contract, in such form as City may prescribe, pertaining to the activities undertaken as a result of this Contract. Failure to submit any report or documentation described in this Contract to City shall be an event of default of this Contract and City may exercise all of its remedies for default under this Contract 8.4 Change in Reporting Requirements and Forms. City retains the right to change reporting requirements and fo.lus at its discretion. City will notify Agency in writing of such change, and the Parties shall execute an amendment to the Contract reflecting such change. 9. REIMBURSEMENT REOUIREMENTS. 9.1 Deadline for Submitting Reimbursement Requests. Each Reimbursement Request shall be received by the City on or before the 15th day of the month following the month expenses were paid. For example Reimbursement Requests for June expenses must be received by July 15 In the event the 15th falls on a weekend or City holiday, Reimbursement Requests shall be due the next business day. Failure to submit a Reimbursement Request in a timely fashion will result in City initiating procedures as outlined in Section 10.1. NOTWITHSTANDING ANYTHING ABOVE, EXPENSES FOR SEPTEMBER 2013 MUST BE RECEIVED BY SEPTEMBER 20, 2013, FAILURE TO SUBMIT A COMPLETE REIMBURSEMENT REQUEST BY SEPTEMBER 20, 2013 WILL RESULT IN AN AUTOMATIC FORFEITURE OF THE SEPTEMBER PAYMENT. 9.2 With each Reimbursement Request, Agency shall provide City with Complete Documentation and the following reports as shown in EXHIBIT D — REIMBURSEMENT FORMS: CDBG PSA CONTRACT 2012-2013 - CENIKOR FOUNDATION 8 9.2.1 Attachment I — Invoice. This report shall contain the amount requested for reimbursement each month, and the cumulative reimbursement requested to date (inclusive of that month's request). Even if Agency is requesting $0 for a particular month, this report must be submitted. This report must be signed by an authorized signatory of the Agency By signing Attachment I, Agency is certifying that the costs are valid, eligible, and consistent with the teens and conditions of this Contract, and the data contained in the report is true and correct. 9.2.2 Attachment II — Expenditure Worksheet. This report shall itemize each expense requested for reimbursement by Agency and shall include the Account corresponding the expense to a budget line item in Attachment II. In order for this report to be complete the following must be submitted: 9.2.2.1 For payroll expenses, timesheets signed by employees and approved by supervisor for all payroll expenses listed Timesheets must distinguish between CDBG funded time and non-CDBG funded time and reflect actual time spent on CDBG funded activities. 9.2.2.2 For non -payroll expenses, invoices for each expense listed with an explanation as to how the invoiced expense pertains to the Program. 9.2.2.3 Proof that each expense was paid by Agency, which proof can be satisfied by cancelled checks, wire transfer documentation, paid receipts or other appropriate banking documentation. 9.2.3 Attachment III — Client Data Report. This report shall list each new client served during the month along with their demographic information. Clients listed on previous months' reports should not be listed again, each month's report should only contain a listing of new Unduplicated Clients In order for this report to be complete the following must be submitted: 9.2.3.1 Documentation of income verification for each client, which will either be the Source Documentation described in Section 6.2.1, or the completed Form of Self Certification attached hereto as Exhibit "E"- Income Self Certification. 9.3 Withholdinu Payment. CITY HAS NO OBLIGATION TO MAKE PAYMENT ON ANY REIMBURSEMENT REQUEST THAT IS NOT RECEIVED BY THE DUE DATE. Failure to timely submit Reimbursement Requests and Complete Documentation along with any required reports shall be an event of default. 10. DEFAULT AND TERMINATION. CDBG PSA CONTRACT 2012-2013 - CENIKOR FOUNDATION 9 10.1 Failure to Submit Required Documentation 10.1.1 If Agency fails to submit a Reimbursement Request, or if the submitted Reimbursement Request is incomplete or otherwise not in compliance with this Contract or CDBG Regulations as determined by City, Agency shall be in default of this Contract. City will notify Agency in writing of such default and the Agency will have 10 calendar days from the date of the written notice to submit or resubmit any such Reimbursement Request to cure the default If the Agency fails to cure the default within such time, Agency shall forfeit any payments otherwise due that month 10.1.2 NOTWITHSTANDING THE PROVISIONS OF SECTION 10.1.1, IF AGENCY FAILS TO SUBMIT THE REIMBURSEMENT REQUEST DUE SEPTEMBER 20, 2013, OR IF THE SUBMITTED REIMBURSEMENT REQUEST FOR SEPTEMBER 20, 2013 IS LATE, INCOMPLETE OR OTHERWISE NOT IN COMPLIANCE WITH THIS CONTRACT OR CDBG REGULATIONS AS DETERMINED BY CITY, THERE WILL BE NO CURE PERIOD AND ANY REIMBURSEMENT WILL BE AUTOMATICALLY FORFIETED. 10.1.3 In the event of (i) an uncured default under Section 10.1.1or (ii) more than 2 instances of default, cured or uncured, under such Section, City reserves the right at its sole option to terminate this Contract effective immediately upon written notice of such intent with no penalty or liability to City. 10.1.4 Notwithstanding anything to the contrary herein, City will not be required to pay any CDBG Funds to Agency during the period that any Reimbursement Request, report or documentation is past due or is not in compliance with this Contract or the CDBG Regulations, or during any period during which Agency is in default of this Contract. 10.1.5 In the event of termiination under this Section 10.1, all CDBG Funds awarded but unpaid to Agency pursuant to this Contract shall be immediately forfeited and Agency shall have no further right to such funds. 10.2 Failure to Maintain Documentation. If Agency fails to maintain all records and documentation as required in Section 8, or if the maintained or submitted report or documentation is not incompliance with this Contract or the ESG Regulations as determined by City in its sole discretion City will notify Agency in writing and Agency will have 30 calendar days from the date of the written request to obtain or recreate the missing records and documentation or submit or resubmit any such report or documentation to City If Agency fails to maintain the required reports or documentation, or submit or resubmit any such report or documentation within such time, City shall have the right to terminate this Contract effective immediately upon written notice of such intent with no penalty or liability to City. In the event of termination under this Section 10.2, any CDBG Funds paid to Agency must be repaid to City within 30 days of termination notice Failure to repay CDBG PSA CONTRACT 2012-2013 - CENIKOR FOUNDATION 10 such ESG Funds will result in City exercising all legal remedies available under this Contract. 10.3 In General. Subject to Section 10.1, and unless specifically provided otherwise in this Contract, Agency shall be in default under this Contract if Agency breaches any term or condition of this Contract In the event that such a breach remains uncured after 30 calendar days following written notice by City (or such other notice period as may be specified herein) or, if Agency has diligently and continuously attempted to cure following receipt of such written notice but reasonably requires more than 30 calendar days to cure as determined by both Parties mutually and in good faith, City shall have the right to elect, as determined in City s sole discretion, to terminate this Contract effective immediately upon written notice of such intent to Agency, or to pursue any other legal remedies available to City In the event of termination under this Section 10.3, all CDBG Funds awarded but unpaid to Agency pursuant to this Contract shall be immediately rescinded and Agency shall have no further right to such funds, and any CDBG Funds already paid to Agency must be repaid to City within 30 days of the termination If such CDBG funds are not repaid to City within the 30 day period, City shall exercise all of its remedies under this Contract. 10.4 No Funds Disbursed while in Breach. Agency understands and agrees that no CDBG Funds will be paid to Agency until all defaults are cured to City's satisfaction. 10.5 No Compensation After Date of Termination. Agency shall not receive any compensation for work undertaken after the date of the termination. 10.6 Rights of City Not Affected. Termination shall not affect or terminate any of the existing rights of City against Agency, or which may thereafter accrue because of Agency's default. Such termination does not terminate any provisions of this Contract that have been expressly noted as surviving the Tenn or termination of the Contract. 10.7 Waiver of Breach Not Waiver of Subseauent Breach. The waiver of a breach of any term, covenant, or condition of this Contract shall not operate as a waiver of any subsequent breach of the same or any other team, covenant or condition hereof. 10.8 Civil, Criminal and Administrative Penalties. Failure to perform all the Contract terms may result in civil, criminal or administrative penalties, including, but not limited to those set out in this Contract. 10.9 Termination for Cause. City may terminate this Contract in the event of Agency's default, inability, or failure to perform, or otherwise whenever such termination is determined by City to be in City's best interest. Likewise, Agency may terminate this Contract if City does not CDBG PSA CONTRACT 2012-2013 - CENIKOR FOUNDATION 11 provide the CDBG Funds substantially in accordance with this Contract. 10.10 Termination for Convenience. In terminating in accordance with 24 C.F.R. 85.44 this Contract may be terminated in whole or in part only as follows: 10.10.1 By City with the consent of Agency in which case the Parties shall agree upon the termination conditions, including the effective date and in the case of partial termination, the portion to be terminated, or 10.10.2 By the Agency upon written notification to City, setting forth the reasons for such termination, the effective date, and in the case of partial termination, the portion to be terminated. However, if City determines in the case of a partial termination that the remaining portion of the Contract to be performed or CDBG Funds to be spent will not accomplish the purposes for which the Contract was made, City may terminate the Contract in its entirety. 10.11 Dissolution of A2encv Terminates Contract. In the event Agency is dissolved or ceases to exist, all assets acquired with CDBG Funds including cash, interest payments from loans or otherwise, all outstanding notes, mortgages or other security instruments used to secure CDBG Funds, any accounts receivable attributable to the use of CDBG Funds, and any real or personal property owned by Agency that was acquired or improved with CDBG Funds shall automatically transfer to City and this Contract shall terminate. 11. REPAYMENT OF CDBG FUNDS. All CDBG Funds are subject to repayment in the event the Program does not meet the requirements as set out in this Contract or in the CDBG Regulations If Agency takes any action that (i) results in City receiving a finding from HUD about the Program, or (ii) results in the City being required to repay all or any portion of the CDBG Funds to HUD, Agency agrees it will reimburse City for such repayment. 12. CHANGE IN NON-PROFIT STATUS. If the non-profit status of Agency changes after the date of this Contract, City may but is not obligated to, terminate this Contract. Agency must provide City with written notification of any changes to its non-profit status within 15 days of being notified of the change. City has 30 days to make such determination after receipt of notice from Agency and failure to make such determination will constitute a waiver In the event of termination under this Section 12, all CDBG Funds awarded but unpaid to Agency pursuant to this Contract shall be immediately rescinded and Agency shall have no further right to such funds Any CDBG Funds already paid to Agency must be repaid to City within 30 days of the termination. 13. SURVIVAL. CDBG PSA CONTRACT 2012-2013 - CENIKOR FOUNDATION 12 Any provision of this Contract that pertains to auditing, monitoring, client income eligibility, record keeping and reports, City ordinances, or applicable CDBG requirements, and any default and enforcement provisions necessary to enforce such provisions, shall survive the termination of this Contract for 5 years after the termination date and shall be enforceable by City against Agency. 14. GENERAL PROVISIONS 14.1 Agency an Independent Contractor. Agency shall operate hereunder as an independent contractor and not as an officer, agent, servant or employee of City. Agency shall have exclusive control of, and the exclusive right to control, the details of the work and services performed hereunder, and all persons performing same and shall be solely responsible for the acts and omissions of its officers, members, agents, servants, employees, contractors, clients licensees or invitees. 14.2 Doctrine of Respondeat Superior. The doctrine of respondeat superior shall not apply as between City and Agency, or its officers, members, agents, servants, employees contractors, clients, licensees or invitees, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Agency. City does not have the legal right to control the details of the tasks performed hereunder by Agency its officers, members, agents, employees, contractors, licensees or invitees. 14.3 Agency Property. City shall under no circumstances be responsible for any property belonging to Agency, or its officers, members, agents, employees contractors, clients, licensees or invitees that may be lost, stolen or destroyed or in any way damaged and AGENCY HEREBY INDEMNIFIES AND HOLDS HARMLESS CITY AND ITS OFFICERS, AGENTS, AND EMPLOYEES FROM ANY AND ALL CLAIMS OR SUITS PERTAINING TO OR CONNECTED WITH SUCH PROPERTY. 14.4 Religious Organization No portion of the CDBG Funds shall be used in support of any sectarian or religious activity. In addition, there must be no religious or membership criteria for clients of a CDBG-funded service. 14.5 Audit. 14.5.1 Entities that Expend $500,000 or more in Federal Funds Per Year. All non-federal entities that expend $500,000 or more in Federal funds within one year, regardless of the source of the Federal award, must submit to City an annual audit prepared in accordance with specific reference to OMB Circular A-133. The audit shall cover the Agency's fiscal years during which this Contract is in force. The audit must be prepared by an independent certified public accountant, be completed within 6 months following the end of the period being audited and be submitted to City within 30 days of CDBG PSA CONTRACT 2012-2013 - CENIKOR FOUNDATION 13 its completion. Agency's audit certification is attached hereto as Exhibit "C" — "Audit Certification Form" and "Audit Requirements". The Audit Certification Form must be submitted to City prior to or along with the first Reimbursement Request. Entities that expend less than $500,000 a year in Federal funds are exempt from Federal audit requirements for that year, but records must be available for review or audit by appropriate officials of the Federal agency, City, and General Accounting Office 14.5.2 City Reserves the Right to Audit. City reserves the right to perfoizn an audit of Agency's Program operations and finances at any time during the tezzu of this Contract and for 5 years after the termination thereof. Agency agrees to allow access to all pertinent materials as described herein If such audit reveals a questioned practice or expenditure, such questions must be resolved within 15 business days after notice to Agency of such questioned practice or expenditure. If questions are not resolved within this period City reserves the right to withhold further funding under this and/or future contract(s) with Agency IF AS A RESULT OF ANY AUDIT IT IS DETERMINED THAT AGENCY HAS FALSIFIED ANY DOCUMENTATION OR MISUSED, MISAPPLIED OR MISAPPROPRIATED CDBG FUNDS OR SPENT CDBG FUNDS ON ANY INELIGIBLE ACTIVITIES, AGENCY AGREES TO REIMBURSE CITY THE AMOUNT OF SUCH MONIES PLUS THE AMOUNT OF ANY SANCTIONS, PENALTY OR OTHER CHARGE LEVIED AGAINST CITY BY HUD BECAUSE OF SUCH ACTIONS. 14.6 Venue. Venue for any action, whether real or asserted, at law or in equity, arising out of the execution, performance, attempted perfoiuiance or non-perfozzznance of this Contract, shall he in Tarrant County, Texas. 14.7 Governing Law. In any questions involving state law, for any action, whether real or asserted, at law or m equity, arising out of the execution, performance or non-perfoizuance of this Contract, in any issue not governed by federal law, the choice of law shall be the law from the State of Texas. 14.8 Severabilitv. The provisions of this Contract are severable and if for any reason a clause, sentence, paragraph or other part of this Contract shall be detezzuined to be invalid by a court or Federal or state agency, board or commission having jurisdiction over the subject matter thereof, such invalidity shall not affect other provisions which can be given effect without the invalid provision. 14.9 Written Agreement Entire Contract. This written instrument and the Addendums, Attachments, and Exhibits attached hereto, which are incorporated by reference and made a part of this Contract for all purposes constitute the entire agreement by the Parties hereto concerning the work and services to be perfozrned under this Contract. Any prior or contemporaneous oral or written agreement, which purports to vary the terms of this Contract, shall be void. Any CDBG PSA CONTRACT 2012-2013 - CENIKOR FOUNDATION 14 amendments to the teal s of this Contract must be in writing and must be executed by each Party to this Contract. 14.10 Paragraph Headings for Reference Only, No Legal Significance. The paragraph headings contained herein are for convenience in reference to this Contract and are not intended to define or to limit the scope of any provision of this Contract. 14.11 Compliance With All ADnhcable Laws and Regulations By signing this Contract, Agency certifies that it complies with all applicable laws and regulations that are currently in effect or that are hereafter amended during the perfoiniance of this Contract. Those laws include, but are not limited to: • CDBG Regulations found in 24 CFR Part 570. ➢ Title I of the Housing and Community Development Act of 1974, as amended, (42 USC 5301 ➢ Title VI of the Civil Rights Act of 1964 (42 U.S.C. Sections 2000d et seq.) including provisions requiring recipients of federal assistance to ensure meaningful access by person of limited English proficiency ➢ The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. Sections 3601 et seq.) ➢ Executive Orders 11063, 11246 as amended by 11375 and 12086 and as supplemented by Depth talent of Labor regulations 41 CFR, Part 60 • The Age Discrimination in Employment Act of 1967 ➢ The Age Discrimination Act of 1975 (42 U.S.C. Sections 6101 et seq.) ➢ The Unifoiili Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. Sections 4601 et seq. and 49 CFR Part 24) ("URA") • Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. Sections 794 et seq.) and 24 CFR Part 8 where applicable ➢ National Environmental Policy Act of 1969, as amended, 42 U S.C. sections 4321 et seq. ("NEPA') and the related authorities listed in 24 CFR Part 58. ➢ The Clean Air Act, as amended (42 U.S.0 Sections 1251 et seq.) and the Clean Water Act of 1977, as amended (33 U.S.C. Sections 1251 et seq.) and the related Executive Order 11738. In no event shall any amount of the assistance provided under this Contract be utilized with respect to a facility that has given rise to a conviction under the Clean Air Act or the Clean Water Act. Immigration Refoin' and Control Act of 1986 (8 U.S.C. Sections 1101 et seq.) specifically including the provisions requiring employer verifications of legal status of its employees The Americans with Disabilities Act of 1990 (42 U.S.C. Sections 12101 et seq.), the Architectural Barriers Act of 1968 as amended (42 U.S.0 sections 4151 et seq.) and the Uniform Federal Accessibility Standards, 24 CFR Part 40, Appendix A ➢ Regulations at 24 CFR Part 87 related to lobbying, including the requirement that certifications and disclosures be obtained from all covered persons CDBG PSA CONTRACT 2012-2013 - CENIKOR FOUNDATION 15 ➢ Drug Free Workplace Act of 1988 (41 U.S.C. Sections 701 et seq.) and 24 CFR Part 23, Subpart F ➢ Executive Order 12549 and 24 CFR Part 5.105(c) pertaining to restrictions on participation by ineligible, debarred or suspended persons or entities ➢ Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act ➢ Guidelines of the Environmental Protection Agency at 40 CFR Part 247 ➢ For contracts and subgrants for construction or repair, Copeland "Anti - Kickback" act (18 U.S C. 874) as supplemented in 29 CFR Part 5 ➢ For construction contracts awarded by Agency in excess of $2,000, and in excess of $2,500 for other contracts which involve the employment of mechanics or laborers, Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327A 300) as supplemented by 29 CFR Part 5 ➢ Lead -Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et seq.), as amended by the Residential Lead -Based Paint Hazard Reduction Act of 1992 (42 U S.C. 4851 et seq.) and implementing regulations at 24 CFR Part 35, subparts A, B, M, and R ➢ Uniform Administration Requirements of 24 CFR Part 85 Requirement that Law Be Quoted in Covered Contracts. — Certain Requirements Pertaining to Section 3 of the Housing and Urban Development Act of 1968 as amended (12 U.S.C. Sections 1701 et sea) and its related regulations at 24 CFR Part 135 If the work performed under this Contract is on a program assisted under a program providing direct Federal financial assistance from HUD, Section 3 of 24 CFR 135.38 ("Section 3") requires that the following clause, shown in italics be inserted in all covered contracts ("Section 3 Clause"): Section to be quoted in covered contracts begins: "A. The work to be performed under this contract is subject to the requirements of Section 3 of Housing and Urban Development Act of 1968, as amended, 12 U.S.C. section 1701u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assisted or HUD -assisted programs covered by Section 3, shall to the greatest extent feasible, be directed to low- and very -low income persons, particularly persons who are recipients of HUD assistance for housing. B. The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certOt that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. C. The contractor agrees to send to each labor organization or representative of workers with which it has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representatives of the contractor's commitments CDBG PSA CONTRACT 2012-2013 - CENIKOR FOUNDATION 16 under this Section 3 clause and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprentice and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The contractor agrees that it will include this Section 3 clause in every subcontract to comply with regulation in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The contractor will not subcontract with any subcontractor where it has notice or knowledge that the subcontractor has been found in violation of regulations in 24 CFR 135. E. The contractor will certify that any vacant employment positions, including training positions that are filed: (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR Part 135. The contractor will not subcontract with any subcontractor where it has notice or knowledge that the subcontractor has been found in violation of regulations in 24 CFR 135. F. Noncompliance with HUD's regulation in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. G. With respect to work performed in connection with Section 3 covered Indian housing assistance, section 7(b) of the Indian Self - Determination and Education Assistance Act (25 U.S.C. section 450e) also applies to the work to be performed under this Contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian -owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and Section 79b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with Section 7(b)." Section to be quoted in covered contracts ends. City and Agency understand and agree that, if applicable to the Program, compliance with the provisions of Section 3, the regulations set forth m 24 CFR Part 135, and all applicable rules and orders of HUD shall be a condition of the Federal financial assistance provided to the Program binding upon City and Agency, and their respective successors, assigns and the contractors. Failure to fulfill these requirements shall subject Agency and its contractors 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. CDBG PSA CONTRACT 2012-2013 - CENIKOR FOUNDATION 17 14.12 Prohibition Against Discrimination. 14.12.1 General Statement. Agency, in the execution, performance or attempted performance of this Contract, shall comply with all non-discrimination requirements of 24 CFR 570.607 and the ordinances codified at Chapter 17, Article III Division 4 — Fair Housing of the City Code. Agency may not discriminate against any person because of race, color, sex, gender, religion, national origin, familial status, disability or perceived disability, sexual orientation, gender identity, gender expression, or transgender nor will Agency permit its officers, members, agents, employees, or clients to engage in such discrimination. This Contract is made and entered into with reference specifically to the ordinances codified at Chapter 17, Article III, Division 3 - Employment Practices of the City Code, and Agency hereby covenants and agrees that Agency, its officers, members, agents, employees and contractors, have fully complied with all provisions of same and that no employee, or applicant for employment has been discriminated against under the teuns of such ordinances by either or its officers, members, agents, employees or contractors. 14.12.2 No Discrimination in Emplovment durine the Performance of This Contract. During the performance of this Contract Agency agrees to the following provision, and will require that its contractors and subcontractors also comply with such provision by including it in all contracts with its contractors: [Contractor or subcontractor's name] will not unlawfully discriminate against any employee or applicants for employment because of race, color sex, gender, religion, national origin, familial status disability or perceived disability, sexual orientation, gender identity, gender expression or transgender Agency will take affirmative action to ensure that applicants are hired without regard to race, color, sex, gender, religion, national origin familial status, disability or perceived disability, sexual orientation, gender identity gender expression or transgender and that employees are treated fairly during employment without regard to their race, color, sex, gender, religion, national origin, familial status, disability or perceived disability, sexual orientation, gender identity, gender expression or transgender. Such action shall include, but not be limited to, the following employment, upgrading demotion or transfer, recruitment or recruitment advertising layoff or teimination, rates of pay or other forms of compensation, and selection for training including apprenticeship. Agency agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. [Contractor or subcontractor's name] will, in all solicitations or advertisements for employees placed by or on behalf of Agency state that all qualified applicants will receive consideration for employment without regard to race, color, sex, gender, religion national origin, familial status, disability or perceived disability, sexual orientation CDBG PSA CONTRACT 2012-2013 - CENIKOR FOUNDATION 18 gender identity, gender expression or transgender. [Contractor or subcontractor's name] covenants that neither it nor any of its officers members, agents, employees, or contractors, while engaged in performing this Contract, shall, in connection with the employment, advancement or discharge of employees or in connection with the terms, conditions or privileges of their employment discriminate against persons because of their age or because of any disability or perceived disability except on the basis of a bona fide occupational qualification, retirement plan or statutory requirement. [Contractor or subcontractor's name] further covenants that neither it nor its officers members, agents employees, contractors, or persons acting on their behalf, shall specify, in solicitations or advertisements for employees to work on this Contract, a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan or statutory requirement. 14.12.3 AEencv's Contractors and the ADA. In accordance with the provisions of the Americans With Disabilities Act of 1990 ( `ADA"), Agency warrants that it and any of its contractors will not unlawfully discriminate on the basis of disability in the provision of services to the general public, nor in the availability, terms and/or conditions of employment for applicants for employment with, or employees of Agency or any of its contractors. AGENCY WARRANTS IT WILL FULLY COMPLY WITH ADA'S PROVISIONS AND ANY OTHER APPLICABLE FEDERAL, STATE AND LOCAL LAWS CONCERNING DISABILITY AND WILL DEFEND, INDEMNIFY AND HOLD CITY HARMLESS AGAINST ANY CLAIMS OR ALLEGATIONS ASSERTED BY THIRD PARTIES OR CONTRACTORS AGAINST CITY ARISING OUT OF AGENCY'S AND/OR ITS CONTRACTORS', AGENTS' OR EMPLOYEES' ALLEGED FAILURE TO COMPLY WITH THE ABOVE -REFERENCED LAWS CONCERNING DISABILITY DISCRIMINATION IN THE PERFORMANCE OF THIS CONTRACT. 14.13. Prohibition AlLainst Interest / Conflict of Interest. 14.13.1 Agency shall establish safeguards to prohibit its employees, board members advisors and agents from using positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business or other ties Agency shall disclose to City any conflict of interest or potential conflict of interest described above immediately upon discovery of such. 14.13.2 No persons who are employees, agents, consultants, officers or elected officials or appointed officials of City or of Agency who exercise or have exercised any functions or responsibilities with respect to activities assisted with CDBG funds or who are in a position to participate in a decision -making process or gain inside information with regard to these activities may utilize CDBG services, may obtain a CDBG PSA CONTRACT 2012-2013 - CENIKOR FOUNDATION 19 financial interest or benefit from a CDBG-assisted activity, or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties, during their tenure or for 1 year thereafter, unless they are accepted in accordance with the procedures set forth at 24 CFR 570.611. 14.13.3 Agency affirms that it will adhere to the provisions of the Texas Penal Code which prohibits bribery and gifts to public servants. 14.13.4 The conflict of interest provisions of 24 CFR Part 85.36 and 24 CFR Part 84.42, respectively, shall apply in the procurement of property and services by Agency. In all cases not governed by those sections, the provisions of 24 CFR 570.611 of the CDBG Regulations shall apply. 14.14 Subcontracting with Small and Minority Firms, Women's Business Enterprises and Labor Surplus Areas. 14.14.1 For procurement contracts $50,000 or larger Agency agrees to abide by City's policy to involve Minority Business Enterprises and Small Business Enterprises and to provide them equal opportunity to compete for contracts for construction, provision of professional services, purchase of equipment and supplies and provision of other services required by City. Agency agrees to incorporate the City's BDE Ordinance and all amendments or successor policies or ordinances thereto, into all contracts and subcontracts for procurement $50,000 or larger and will further require all persons or entities with which it so contracts to comply with said ordinance. 14.14.2 It is national policy to award a fair share of contracts to disadvantaged business enterprises (DBEs), small business enterprises (SBEs), minority business enterprises (MBEs), and women's business enterprises (WBEs). Accordingly, affirmative steps must be taken to assure that DBEs, SBEs, MBEs, and WBEs are utilized when possible as sources of supplies, equipment, construction and services. 14.15 Other Laws. The failure to list any federal, state or City ordinance, law or regulation that is applicable to Agency does not excuse or relieve Agency from the requirements or responsibilities in regard to following the law, nor from the consequences or penalties for Agency's failure to follow the law, if applicable. 14.16 Assignment. Agency shall not assign all or any part of its rights, privileges, or duties under this Contract without the prior written approval of Director. Any attempted assignment of same without approval shall be void, and shall constitute a breach of this Contract. 14.17. Right to Inspect Agency Contracts It is agreed that City has the right to inspect and approve in writing any proposed contracts between Agency and any contractor engaged in any activity in conjunction with this CDBG-funded Program prior to any charges being incurred. CDBG PSA CONTRACT 2012-2013 - CENIKOR FOUNDATION 20 14.18 Force Maieure If Agency becomes unable, either in whole or part, to fulfill its obligations under this Contract due to acts of God, strikes, lockouts or other industrial disturbances, acts of public enemies, wars blockades, insurrections riots, epidemics, earthquakes, fires, floods, restraints or prohibitions by any court, board, department, commission or agency of the United States or of any States, civil disturbances, or explosions, or some other reason beyond Agency's control (collectively, "Force Majeure Event"), the obligations so affected by such Force Majeure Event will be suspended only during the continuance of such event. Agency will give City written notice of the existence, extent and nature of the Force Majeure Event as soon as reasonably possible after the occurrence of the event Failure to give notice will result in the continuance of Agency's obligation regardless of the extent of any existing Force Majeure Event. Agency will use commercially reasonable efforts to remedy its inability to perfoim as soon as possible. 15. Indemnification and Release. AGENCY COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND, AT ITS OWN EXPENSE, CITY AND ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED ARISING OUT OF OR IN CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE OR NONPERFORMANCE OF THIS CONTRACT AND/OR THE OPERATIONS, ACTIVITIES AND SERVICES OF THE PROGRAM DESCRIBED HEREIN, WHETHER OR NOT CAUSED IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS OF CITY; AND AGENCY HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY OF CITY AND ITS OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES FOR ANY AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KINDS OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE OR NONPERFORMANCE OF THIS CONTRACT AND/OR THE OPERATIONS, ACTIVITIES AND SERVICES OF THE PROGRAM DESCRIBED HEREIN, WHETHER OR NOT CAUSED IN WHOLE OR IN PART BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS OF CITY. AGENCY LIKEWISE COVENANTS AND AGREES TO AND DOES HEREBY INDEMNIFY AND HOLD HARMLESS CITY FROM AND AGAINST ANY AND ALL INJURY, DAMAGE OR DESTRUCTION OF PROPERTY OF CITY, ARISING OUT OF OR IN CONNECTION WITH ALL ACTS OR OMISSIONS OF AGENCY, ITS OFFICERS, MEMBERS, AGENTS, EMPLOYEES, CONTRACTORS, CDBG PSA CONTRACT 2012-2013 - CENIKOR FOUNDATION 21 SUBCONTRACTORS, INVITEES, LICENSEES, OR CLIENTS, OR CAUSED, IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS OF CITY. IT IS THE EXPRESS INTENTION OF THE PARTIES, BOTH AGENCY AND CITY, THAT THE INDEMNITY PROVIDED FOR THIS SECTION INCLUDES INDEMNITY BY AGENCY TO INDEMNIFY AND PROTECT CITY FROM THE CONSEQUENCES OF CITY'S OWN NEGLIGENCE, WHETHER THAT NEGLIGENCE IS ALLEGED TO BE THE SOLE OR CONCURRING CAUSE OF THE INJURY, DAMAGE OR DEATH. AGENCY AGREES TO AND SHALL RELEASE CITY, ITS AGENTS, EMPLOYEES, OFFICERS AND LEGAL REPRESENTATIVES FROM ALL LIABILITY FOR INJURY, DEATH, DAMAGE OR LOSS TO PERSONS OR PROPERTY SUSTAINED IN CONNECTION WITH OR INCIDENTAL TO PERFORMANCE UNDER THIS CONTRACT, EVEN IF THE INJURY, DEATH, DAMAGE OR LOSS IS CAUSED BY CITY'S SOLE OR CONCURRENT NEGLIGENCE. AGENCY SHALL REQUIRE ALL OF ITS CONTRACTORS AND SUBCONTRACTORS TO INCLUDE IN THEIR CONTRACTS AND SUBCONTRACTS A RELEASE AND INDEMNITY IN FAVOR OF CITY IN SUBSTANTIALLY THE SAME FORM AS ABOVE. 16. Waiver of Immunity by Agency. If Agency, as a charitable or nonprofit organization, has or claims an immunity or exemption (statutory or otherwise) from and against liability for damages or injury, including death to persons or property, Agency hereby expressly waives its rights to plead defensively such immunity or exemption as against City. This section shall not be construed to affect a governmental entity s immunities under constitutional, statutory or common law. 17. Insurance and Bonding. Agency will maintain blanket fiduciary coverage in the faint of insurance or bond in the amount of $75,000 to reimburse City for any and all loss of CDBG Funds. To effectuate such reimbursement, such fiduciary coverage shall include a rider stating that reimbursement for any loss or losses thereunder shall be made directly to City In addition, Agency shall maintain an Employee Dishonesty policy to cover it for employee theft of money, securities or property. Agency shall carry insurance in the types and amounts for the duration of this Contract as listed below, and furnish certificates of insurance along with copies of policy declaration pages and policy endorsements as evidence thereof. CDBG PSA CONTRACT 2012-2013 - CENIKOR FOUNDATION 22 Commercial General Liability ("CGL") Insurance $1, 000,000 Each Occurrence $2, 000,000 Aggregate Limit The CGL policy shall be the primary insurance with respect to any other insurance afforded the City. It shall have no exclusions or endorsements that would alter or nullify premises/operations, products/completed operations, contractual, personal injury or advertising injury which are normally contained within the policy unless City approves such exclusions in writing Professional Liability (Errors and Omissions) $1,000,000 Each Claim Limit $1,000,000 Aggregate Limit Professional Liability coverage may be provided through an endorsement to the Commercial General Liability policy, or a separate policy specific to Professional Error and Omissions Either is acceptable if coverage meets all other requirements. Coverage shall be on an occurrence basis or claims -made basis, and maintained for the duration of the Contract and for 2 years following completion of services provided. An annual certificate of insurance shall be submitted to the City to evidence coverage. Automobile Liability $1 000,000 each accident on a combined single -limit basis, or $100,000 Property Damage $250,000 Bodily injury per person $500,000 Bodily Injury per person per occurrence Coverage shall be a commercial business policy which provides coverage on ` Any Auto' , defined as any vehicle owned hired or non -owned Specifically, this means coverage on any vehicle used by the Agency's employees agents, or representatives in the course of the providing services under this Contract. Workers Compensation Insurance Statutory Limits Employer s Liability $100 000 Each accident/occurrence $100 000 Disease - each employee $500 000 Disease - policy limit This coverage may be written as follows: Workers' Compensation and Employers Liability coverage with limits consistent with statutory benefits outlined in the Texas Workers' Compensation Act (Art 8308 — 1.01 et seq. Tex. Rev. Civ. Stat.) and minimum policy limits for Employers' Liability of $100,000 each accident/occurrence, $500,000 bodily injury disease policy limit and $100,000 per disease per employee. CDBG PSA CONTRACT 2012-2013 - CENIKOR FOUNDATION 23 Note: Such insurance shall cover employees performing work on any and all Programs including but not limited to construction, demolition and rehabilitation Agency or its contractors shall maintain coverages, if applicable. In the event the respective contractors do not maintain coverage, Agency shall maintain the coverage on such contractor, if applicable, for each contract. Additional Reauirements Agency is responsible for providing City a 30 day notice of cancellation or non - renewal of any insurance policy and may not change the tetras and conditions of any policy that would limit the scope or coverage, or otherwise alter or disallow coverage as required herein Such insurance amounts may be revised upward at City's option no more frequently than once every 12 months City shall give 90 days' notice to Agency of any such adjustments. Where applicable, insurance policies required herein shall be endorsed to include City as an additional insured as its interest may appear. Additional insured parties shall include City s employees, officers, agents, and volunteers. This requirement does not include Workers' Compensation or Automobile policies. Certificates of Insurance shall be signed by an agent authorized to bind coverage on behalf of on the insured, be complete in its entirety, and show complete insurance carrier names as listed in the current A.M. Best Property & Casualty Guide. Unless otherwise stated, all required insurance shall be written on an `occurrence basis". If coverage is underwritten on a claims -made basis, the retroactive date shall be coincident with or prior to the date of the Contract and the certificate of insurance shall state the coverage is claims -made and the retroactive date. City shall be entitled, upon written request and without expense to receive copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modifications of particular policy terms, conditions, limitations or exclusions necessary to conform the policy and endorsements to the requirements of this Contract. Deletions revisions or modifications shall not be required where pohcy provisions are established by law or regulations binding upon either Party or the underwriter of any such policies. Any failure on part of City to request certificate(s) of insurance shall not be construed as a waiver of such requirement or as a waiver of the insurance requirements themselves. Insurers of Agency's insurance policies shall be licensed to do business in the state of Texas by the Depth tinent of Insurance or be otherwise eligible and authorized to do business in the state of Texas Insurers shall be acceptable to City insofar as their financial strength and solvency and each such company shall have a current minimum CDBG PSA CONTRACT 2012-2013 - CENIKOR FOUNDATION 24 A.M Best Key Rating Guide rating of A: VII or other equivalent insurance industry standard rating otherwise approved by City. Deductible limits on insurance policies shall not exceed $5,000 per occurrence unless otherwise approved by City. In the event there are any local federal or other regulatory insurance or bonding requirements for the Program, and such requirements exceed those specified herein, the former shall prevail. Agency shall require its contractors to maintain applicable insurance coverages, limits, and other requirements as those specified herein; and, Agency shall require its contractors to provide Agency with certificate(s) of insurance documenting such coverage. Also, Agency shall require its contractors to have City and Agency endorsed as additional insureds (as their interest may appear) on their respective insurance policies. 18. Certification Reaardintz Lobbvin2. The undersigned representative of Agency hereby certifies, to the best of his or her knowledge and belief, that: No Federal appropriated funds have been paid or will be paid, by or on behalf of Agency, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan the entering into of any cooperative agreement and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement If any funds other than federally appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, Agency shall complete and submit Standard Foiin-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this Contract was made or entered into. Submission of this certificate is a prerequisite for making or entering into this Contract imposed by 31 U.S.C. Section 1352 Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000.00 and not more than $100,000.00 for each such failure Agency shall require that the language of this certification be included in all subcontracts or agreements involving the expenditure of Federal funds. CDBG PSA CONTRACT 2012-2013 - CENIKOR FOUNDATION 25 19. Litigation and Claims Agency shall give City immediate notice in writing of any action, including any proceeding before an administrative agency, filed against Agency in conjunction with this Contract or the Program. Agency shall furnish immediately to City copies of all pertinent papers received by Agency with respect to such action or claim. Agency shall provide a notice to City within 10 days upon filing under any bankruptcy or financial insolvency provision of law. 20. Notice. All notices required or permitted by this Contract must be in writing and are deemed delivered on the earlier date of the date actually received or the third day following deposit in a United States Postal Service post office or receptacle with proper postage, certified mail return receipt requested; and addressed to the other Party at the address set out below or at such other address as the receiving Party designates by proper notice to the sending Party. City: City Attorney's Office 1000 Throckmorton Street Fort Worth, TX 76102 Telephone: 817-392-7600 Copy to: Director of Housing and Economic Development 1000 Throckmorton Street Fort Worth, TX 76102 Telephone: 817-392-7540 Copy to: Program Coordinator 1000 Throckmorton Street Fort Worth, TX 76102 Telephone: 817-392-7319 Agency: Michael Hathcoat, Facility Director Cemkor Foundation 2209 South Main Fort Worth, TX 76110 Telephone* 817-921-2771 21. Agency Has Leaal Authoritv to Enter Into Contract. Agency represents that it possesses the legal authority, pursuant to any proper, appropriate and official motion, resolution or action passed or taken, to enter into this Contract and to perform the responsibilities herein required. CDBG PSA CONTRACT 2012-2013 - CENIKOR FOUNDATION 26 22. Counterparts. This Contract may be executed in multiple counterparts, each of which shall be considered an original, but all of which shall constitute one instrument. [SIGNATURES APPEAR ON NEXT PAGE] CDBG PSA CONTRACT 2012-2013 - CENIKOR FOUNDATION 27 IN WITNESS WHEREOF, the Parties hereto have executed copies of this Contract in Fort Worth, Tarrant County, Texas, to be effective on October 1, 2012. ATT Ci Secraary� M&C: C-25767 Date: August 7, 2012 CITY OF FORT WORTH By: Fernando Costa, Assistant City Manager APPROVED AS TO FORM AND LEGALITY: 2V/hat Assistant City Attorney CENIKOR FOUN 1 AT ON B Name: Michael Hathcoat Title: Facility Director STATE OF TEXAS § COUNTY OF TARRANT § c CI—oiOIN This instrument was acknowledged before me on , 2012 by Fernando Costa, Assistant City Manager of the City of Fort Worth, on behalf the City of Fort W- J a LINDA M. HIRRLINGER MY COMMISSION EXPIRES February 2, 201 4 • STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on oci9C-tAj �� � /m�1� , 2012 by Michael Hathcoat, the Facility Director of Cenikor Foundation, a non-profit corporation, on behalf of said corporation. tiftthaL ilvaLnekai Notary Public, State of Texa i0,0•Vitrasp., _. y.. 1 •l CRISSI ANN SWANSON Notary Public, State of Texas My Commission Expires December 10, 2013 f l otary Public, State of Texas CDBG PSA CONTRACT 2012-2013 - CENIKOR FOUNDATION ' OFFOCIAL ENCORD ©NV SECReilikilr fl'. WORT, TX -28 Cenikor Foundation EXHIBIT A Substance Abuse Treatment PROGRAM SUMMARY PROGRAM SUMMARY Community Development Block Grant (CDBG) October 1, 2012 to September 30, 2013 PERIOD PROGRAM: $75,000.00 AMOUNT The Program provides each Unduplicated Client with long-term residential treatment based on the Therapeutic Community Model which includes clinical counseling, behavior modification techniques, career development, and access to both on and off -site health screenings for low and moderate income clients which have met the DSM-IV-substance abuse definition. Services will be available at 2209 South Main, Fort Worth, TX 76110, 24 hours, Sunday through Saturday. CDBG funds will be used to pay for salaries of employees whose work is necessary to carry out the daily operations of the program. A portion of the CDBG funds will be used to pay for insurance. REGULATORY CLASSIFICATION: IDIS Matrix Code(s) and Service Category: 05F National Objective Citation: §570.208(a)(2) Regulatory Citation(s): 24 CFR 570.201(e) Based on the nature of the service provided, Agency will maintain documentation that verifies that 51% of clients served by the Program are income eligible with current household incomes at or below 80% of Area Median Income (AMI) as established or defined by the United States Department of Housing and Urban Development (HUD). PROGRAM GOALS: Provide services to approximately 231 Unduplicated Clients. EXHIBIT A - CENIKOR FOUNDATION ADMINISTRATIVE Salaries FICA Life Insurance Health Insurance Disability Insurance Unemployment -State Accounting TOTAL ADMINISTRATIVE EXPENSES % Administrative Cost PROGRAM PERSONNEL Salaries FICA Life Insurance Health Insurance Unemployment Worker's Compensation Retirement SUPPLIES AND SERVICES Office Supplies Office Equipment Rental Postage Printing MISCELLANEOUS Construction/Building Materials (only REACH) Contract Labor (City needs copy of contract before expenses can be reimbursed) Craft Supplies Field Trip Admission Expenses Other Field Trip Expenses (if preapproved by City) Food Supplies Teaching Aids FACILITY AND UTILI EIES Telephone Electric Gas Water and Wastewater Solid Waste Disposal Rent (City needs copy of lease before expenses can be reimbursed) Custodial Services Repairs Cleaning Supplies LEGAL, FINANCIAL, AND INSURANCE Fidelity Bond or Equivalent Directors and Officers General Commercial Liability Contract Accounting DIRECT ASSISTANCE Childcare Scholarships Short-term Rent Assistance Short-term Mortgage Assistance Short-term Utilities Assistance Tenant Based Rental Assistance TOTAL EXHIBIT B - BUDGET Account 1001 1002 1003 1004 1005 1006 1007 2001 2002 2003 2004 2005 2006 2007 3001 3002 3003 3004 4001 4002 4003 4004 4005 4006 4007 5001 5002 5003 5004 5005 5006 5007 5008 5009 6001 6002 6003 6005 7001 7002 7003 7004 7005 FUNDING A: PROGRAM REVENUE - 91 %; DONATIONS - 9% FUNDING B: FOOD STAMPS FUNDING C: Grant Budget 49,188 686 6,796 500 600 3,598 13,632 75,000 A 729,009 59,532 7,131 69,020 7,330 87,489 109,202 6,625 4,120 77,864 15,540 47,684 50,568 1,920 1,273,034 Exhibit B - Cenikor Foundation B 259,000 259,000 C TOTAL 778,197 59,532 7,817 75,816 7,830 88,089 112,800 6,625 4,120 259,000 77,864 15,540 47,684 64,200 1,920 1,607,034 The following tables are purely informational and were created solely for purposes of preparing, negotiating and determining the reasonableness of the overall line item budget on the first page of this EXHIBIT B — BUDGET and are not to be considered part of the terms and conditions of this Contract. Contractor may make changes to any column except the "Position' column in the `Salary Detail" table without the City s consent so long as the total amounts charged to the grant do not exceed the line items on the first page of the EXHIBIT B — BUDGET." Changes to the column labeled "Position" may only be made with the prior written consent of the City. Position Name Counselors —1.6 FTW's Administrative Assistant — PT Clinical Manager TOTAL FICA Life Insurance Health Insurance Unemployment Workers Compensation Retirement Office Supplies Office Equipment Rental Postage Printing Contract Labor Craft Supplies Facility Fees Field Trip Costs Food Supplies Teaching Aids Telephone Electric Gas Water and Wastewater Solid Waste Disposal Rent Custodial Services Repairs Cleaning Supplies Rate $27,000 $13,927 $50,137 Percent of Payroll SALARY DETAIL Annual Hours Percent to Grant 100% 16% 7.5% Amount to Grant $43,200 $2,228 $3,760 $49,188 FRINGE DETAIL Amount Percent to Grant 1 Amount to Grant 7,817 75,816 7,830 88,089 112,800 SUPPLIES AND SERVICES Total Budget i Percent to Grant MISCELLANEOUS Total Budget Percent to Grant FACILITY AND UTILITIES Total Budget Percent to Grant Exhibit B — Cenikor Foundation 686 6,796 500 600 3,598 Amount to Grant Amount to Grant Amount to Grant 1 Fidelity Bond (or Equivalent) General Commercial Liability Directois and Officers Contract Accounting Childcare Scholarships Short -Term Rent Assistance Short Term Mortgage Assistance Short Term Utilities Assistance Tenant Based Rental Assistance FINANCIAL AND INSURANCE Total Budget Percent to Grant Amount to Grant 64,200 1 13,632 DIRECT ASSISTANCE Total Budget Percent to Grant 1 Amount to Grant Exhibit B — Cenikor Foundation EXHIBIT C — Audit Certification Foiui [See attached] AUDIT CERTIFICATION FORM AND AUDIT REQUIREMENTS Agency: Cenikor Foundation Fiscal Year Ending: September 30, 2013 During the fiscal year in which funds will be received, we will exceed the federal expenditure threshold of $500,000. We will have our Single Audit or Program Specific Audit completed and will submit the A-133 audit report within seven (7) months after the end of the audited fiscal year or thirty (30) days within its completion, whichever is the earlier date. During the fiscal year in which funds will be received, we will not exceed the $500,000 federal expenditure threshold required for a Single Audit or a Program Specific Audit to be perfoinied this fiscal year. (Fill out schedule below) Federal Expenditure Disclosure MUST be filled out if Single Audit or Program Audit is NOT reauired. Federal Grantor Pass Through Program Name & Contract Grantor CFDANumber Number Total Federal Expenditures for this Fiscal Year: Expenditures Signatory and Title Date Failure to submit this of 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. Exhibit D - Reporting Forms [See attached] j. Agency: Address: City, State, Zip: Program: _ Period of Service: Program Cenikor Foundation 2209 South Main Street Fort Worth, TX 76110 Substance Abuse Treatment Amount This Invoice ( Cumulative to Date Agency's Certification. I certify that the costs incurred are valid and consistent with the terms and conditions of the contract between City and Agency By signing this invoice, I certify that to the best of my knowledge and belief the data included in this report is true and accurate. It is acknowledged that the provision of false information could leave the certifying official subject to the penalties of federal, state, and local law. Signature and Date: Name: Title: Line No, 1 2 3 4 5 6 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 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 Total Agency: Program: Check No. Payee Attachment II City of Fort Worth Housing and Economic Development Department Expenditure Worksheet Cenikor Foundation Substance Abuse Treatment Description' Please group like account codes. Account Code (See Key to Right) Payroll must identify employee. Rent must identify tenant. Other payments should identify individuals, if applicable. Amount Highlighted are the only relevant codes for this Program, Expense Line Item ADMINISTRATIVE (HOPWA Only) Salaries FICA Life Insurance Health Insurance Disability Insurance Unemployment -State Legal & Accounting PROGRAM PERSONNEL Salaries FICA Life Insurance Health Insurance Unemployment Worker's Compensation Retirement SUPPLIES AND SERVICES Office Supplies Office Equipment Rental Postage Printing MISCELLANEOUS Conference & Seminars Construction/Building Materials Contract Labor Craft Supplies Credit Reports Facility Fees Field Trip Costs Food Supplies Mileage Teaching Aids FACILITY AND UTILITIES Telephone Electric Gas Water and Wastewater Solid Waste Disposal Rent Custodial Services Repairs Cleaning Supplies LEGAL, FINANCIAL, AND INSURANCE Fidelity Bond or Equivalent Directors and Officers General Commercial Liability Legal Fees Contract Accounting DIRECT ASSISTANCE Childcare Scholarships Counseling - Individual Sessions Counseling- Group Sessions Short-term Rent Assistance Short-term Mortgage Assistance Short-term Utilities Assistance Tenant Based Rental Assistance CAPITAL OUTLAY Furniture, Fixtures Computers Office Equipment Sport and Recreation Equipment Account 1001 1002 1003 1004 1005 1006 1007 2001 2002 2003 2004 2005 2006 I 2007 3001 3002 3003 3004 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 5001 5002 5003 5004 5005 5006 5007 5008 5009 6001 6002 6003 6004 6005 7001 7002 7003 7004 7005 7006 7007 8001 8002 8003 8004 Agency Program: Month: Conikor Foundation Substance Abuse Treatment ATT III UNDUPLICATED CLIENT DATA REPORT This report Is meant to list all unduplicated clients served during the coMmcl year (October 1, 2012 to September 30, 2013). Each month, please add any new, previously Unreported clients. You will Mao attach eligibility documentation for with new client. New unduplicated IDStrUCtIOnS: dients should be listed below previously reported ones, scthmihls shoat will act as a roiling tally.Ptease osylist clients one 11msduring the first month that they receive service. Even Ira client continues to receive service for multiple months. they only need to be listed one , gmo. Put on "%' In each appropriate box regarding the client's sax, ethnicity, race, etc. Name 1 2 3 4 5 6 7 6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 26 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Street Address Ago Sax (Indicate Ono) Male Female Ethnicity (Indicate One) Non- HIsranic Hl000nlc American Indian or Alaskan Native Native Hawaiian Black or or Other African Pacific Asian American !dander Race (Indicate One) American Indian or American Alaska Other Indian or Black or Native Multiple Alaskan African and Black Roca Nally* Asian and Amodcon or African Combinall While and While While and While American one' Disabled (indicate One) HH income FHOH (Only choose 1 of the 4 columns) (Indicate One) 430%AMI 31-50% I S1A4OI% >80%AMI NH site 1<514,550 1<524.250 14443001 1>544300 2<516,600 2427,700 2443.750 I2443,750 Yea No 3<518.700 3431,150 343494/50 13>549,850 444320.750 4434,800 14455350 14>5555350 5<522450 5437,400 5459,600 5450,800 5424,100 6440050 I6464,250 5>5J250 7425.750 7<542,95017406,650 7>5611,650 6<527.40010445,700 8<573,100 8>573,100 Yes No Exhibit E - Income Certification Forms [See attached] CERTIFICATION OF INCOME STATEMENT Applicant Name Current Address: Phone #: Last Name First Name Household Members and Income (Including Applicant) Age Monthly Source/Employer Name Income **PERSONAL INFORMATION: (Check one in each item. Optional Information for Federal Reporting Purposes) a. ❑ MALE b. ❑ WHITE . ■ BLACK/AFRICAN AMERICAN ❑ BLACKIAFRICAN AMERICAN & WHITE FEMALE ■ AMERICAN INDIAN/ALASKAN NATIVE ❑ ASIAN ❑ AMERICAN INDIAN/ALASKAN NATIVE & WHITE ■ ASIAN & WHI I ❑ NATIVE HAWAIIAN/OTHER PACIFIC ISLANDER ❑ BALANCE/OTHER ❑ AMERICAN INDIAN/ALASKAN NATIVE & BLACK/AFRICAN AMERICAN c. ETHNICITY d. DISABLED e. IS CLIENT WOMEN HEAD OF HOUSEHOLD ■ ❑ HISPANIC ❑ YES ❑ YES ❑ NON -HISPANIC ❑ NO ❑ NO * TOTAL NUMBER OF HOUSEHOLD MEMBERS Total Anticipated Annual Household Incomes (Include Yourself AND everyone who lives in the house.) Certification: I certify that the information I am providing is true and could be subject to verification at any time by a third party. I also acknowledge that the provision of false infoiniation could leave me subject to the penalties of Federal, State and local law. WARNING: TITLE 18, SECTION 1001 OF THE U.S. CODE STATES THAT A PERSON IS GUILTY OF A FELONY FOR KNOWINGLY AND WILLINGLY MAKING FALSE OR FRAUDULENT STATEMENTS TO ANY DEPARTMENT OF THE UNITED STATES GOVERNMENT Signature of Applicant For use by funding agency: Household Size: Income Limit: Person Making Deteiinination: Annual Income: Is Applicant Eligible: Date: Date CERTIFICACION DE DECEARACION DE INGRESOS Nombre del Solicitante: Domicilio Actual: Numero de Telefono• Apellido Nombre Miembros en el Hoaar e Inaresos (incluir el/la solicitante) Edad Ingreso Fuente de Ingresos/Nombre de Empleador Mensual *INFORMACION PERSONAL: (Seleccione uno en cada categoria Information opcional para propositos de informacion Federal) a. ■ MASCULINO b. 0 CAUCASICO ❑ NEGRO/AFRICANO AMERICANO ❑ NEGRO/AFRICANO AMERICANO & CAUCASICO ❑ FEMIN1NO ■ INDIO AMERICANO/NATIVO DE ALASKA ❑ ASIATICO ❑ INDIO AMERICANO/NATIVO DE ALASKA & CAUCASICO 0 ASIATICO & CAUCASICO NATIVO HAWAIANO/OTRO DE LAS ISLAS PACIFICAS 0 BALANCE/OTRO INDIO AMERICANO / NATIVO DE ALASKA & NEGRO/AFRICANO AMERICANO ■ ■ c. ETNICIDAD d. DISCAPACITADO e. DES EL SOLICITANTE UNA MUJER Y CABECERA DEL HOGAR? 0 HISPANO 0 SI ❑ SI NO-HISPANO ❑ NO ■ NO ■ * NUMERO TOTAL DE MIEMBROS EN EL HOGAR (Incluye a si mismo y a todos los que viven en la casa) Ingreso total del hogar anual anticipado: Certificacion• Certifico que la info' 'melon que proporciono es verdad y podria ser susceptible a la comprobacion a cualquier tiempo por terceros. Yo tambien reconozco que la provision de infonnacion falsa me podria dejar sujeto a las penalidades Federates, Estatales y locales. ADVERTENCIA: TITULO 18, SECCION 1001 DEL CODIGO DE EE.UU. QUE UNA PERSONA ES CULPABLE DE UN DELITO POR SABER Y VOLUNTARIAMENTE RACER DECLARACIONES FALSAS 0 FRAUDULENTAS A CUALQUIER DEPARTAMENTO DEL GOBIERNO ESTADOUNIDENSE. Firma del Solicitante Fecha Para el use de la agencia fmanciando: # De Miembros en el Hogan Ingreso Anual: Limite de Ingreso: LEs el solicitante elegible? : Persona haciendo la determinacion• Fecha: Exhibit F — 2012 HUD Income Limits 2012 Median Family Income — Fort Worth/Arlington, TX 1 Person 2 Persons 3 Persons 4 Persons 5 Persons 6 Persons 7 Persons 8 Persons 30% AMI $14,550 $16,600 $18,700 $20,750 $22,450 $24,100 $25,750 $27,400 50% AMI $24,250 $27,700 $31,150 $34,600 $37,400 $40,150 $42,950 $45,700 1 80% AMI $44,300 $43,750 $49,850 $55,350 $59,800 $64,250 $68,650 $73,100 M&C Review i icja si e o e of Fort Worth Texas DUNG GENDA COUNCIL, -ACTION; Approved As Amended on 811/2012- Ordinance' Nos 20316-08-2012 . CONTINUED FROM A PREVIOUS WEEK DATE: 7/24/2012 REFERENCE C-25767 LOG NAME 17HUDACTPLANPYI2- NO.: 13 CODE- C TYPE: NON- PUBLIC YES CONSENT HEARING SUBJECT: Conduct a Public Hearing and Approve City's 2012-2013 Action Plan for the Use of Federal Grant Funds from the United States Department of Housing and Urban Development in the Amount of $9 278,851 00 for Program Year 2012-2013 from the Community Development Block Grant, HOME Investment Partnerships Program, Emergency Solutions Grant and Housing Opportunities for Persons with AIDS Grant Programs, Authorize Collection and Use of Program Income, Authorize Application of Indirect Cost Rates, Authorize Execution of Related Contracts and Interdepartmental Letters of Agreement and Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS) mosreto RECOMMENDATION: It is recommended that the City Council: 1. Conduct a public hearing to allow citizen input and consideration of the City's 2012-2013 Action Plan for use of federal grant funds from the United States Department of Housing and Urban Development in the amount of $9,278,851.00 for Program Year 2012-2013 from the Community Development Block Grant, HOME Investment Partnerships Program, Emergency Solutions Grant and Housing Opportunities for Persons with AIDS grant programs and for the use of program income from activities using prior years' federal grant funds; 2. Approve the City's 2012-2013 Action Plan for submission to the United States Department of Housing and Urban Development including allocations of grant funds to particular programs and activities as detailed below; 3. Authorize the collection and use of an estimated $50,000.00 of program income resulting from activities using prior years' Community Development Block Grant funds for the programs and activities detailed below; 4. Authorize the collection and use of any program income resulting from activities using prior years HOME Investment Partnerships Program funds for the City's Homebuyer Assistance Program, 5. Authorize the City Manager, or his designee, to execute contracts and interdepartmental Letters of Agreement for a one year term with the agencies listed below in Tables 1, 2, and 3 for Program Year 2012-2013 for Community Development Block Grant, Emergency Solutions Grant and Housing Opportunities for Persons with AIDS grant funds contingent upon receipt of funding; 6. Authorize the City Manager, or his designee, to extend the contracts and interdepartmental Letters of Agreement for up to one year if an agency or department requests an extension and http://apps.cfwnet.org/council_packet/mc_review.asp?ID=17008&councildate=8/7/2012[8/13/2012 11:48:42 AM] M&C Review such extension is necessary for completion of the program; 7. Authorize the City Manager, or his designee, to amend the contracts and interdepartmental Letters of Agreement if necessary to achieve program goals, provided any amendment is within the scope of the program and in compliance with City policies and all applicable laws and regulations governing the use of federal grant funds; 8. Apply indirect cost rates as applicable for the Grants Fund in accordance with the City's Administrative Regulations; and 9. Adopt the attached appropriation ordinance increasing the estimated receipts and appropriations to the Grants Fund in the total amount of $9,278 851 00 ($5,830,119 00 in Community Development Block Grant funds, $1,973,169.00 in HOME Investment Partnerships Program funds, $532,857.00 in Emergency Solutions Grant funds and $942,706.00 in Housing Opportunities for Persons with AIDS funds) plus any program income all subject to receipt of such funds. DISCUSSION: The City's Action Plan is a comprehensive summary of the major housing and community development activities programs and proposed expenditures for the use of federal grant funds in the amount of $9,278,851.00 from the United States Department of Housing and Urban Development (HUD) for the program year beginning October 1, 2012 and ending September 30, 2013 from the Community Development Block Grant (CDBG), HOME Investment Partnerships Program (HOME), Emergency Solutions Grant (ESG) and Housing Opportunities for Persons with AIDS (HOPWA) grant programs. This year's Action Plan also summarizes the use of program income resulting from activities using prior years' CDBG and HOME funds. The purpose of these grant funds is to primarily benefit low and moderate income City residents, with ESG funds primarily benefiting homeless persons and HOPWA funds primarily benefiting persons with HIV/AIDS. A 30-day public comment period on the City's proposed Action Plan was held from June 25 2012 to July 25 2012. Any comments will be maintained by the Housing and Economic Development Department in accordance with federal regulations. This public hearing on the City's Action Plan will be the first public hearing for the HUD -required citizen participation process. A second public hearing is proposed for August 7, 2012 at which time the City Council is scheduled to approve the Action Plan. The City's Action Plan must be submitted to HUD by August 16, 2012. In addition, two public hearings were held on July 16, 2012 at 9:30 a.m. and 6:00 p.m. for citizens to provide comment on the proposed lists of neighborhood streets eligible for reconstruction using CDBG funds. The Transportation and Public Works Department prepared a list of priority streets in CDBG-eligible areas. The streets selected for reconstruction were based on the comments provided at the public hearings. A complete list of the streets is attached and will be included in the Action Plan. The allocations in the draft Action Plan available during the public comment period were based on funding estimates available at that time. The amounts set out below reflect the allocations from HUD at the time of this Mayor and Council Communication (M&C). The allocations are not yet final and if the amounts increase, Staff will bring forward another M&C to commit the additional funds. Staff developed recommendations for the allocation of the estimated funding from HUD and presented them to the Community Development Council (CDC) on June 4, 2012. A summary of the CDC's funding recommendations is provided below in Tables 1, 2, and 3 and a spreadsheet of all specific funding recommendations is attached. http://apps.cfwnet.org/council_packet/mc_review.asp?ID=I 7008&councildate-8/7/2012[8/13/2012 11:48:42 AM] M&C Review CDBG General Administration (20 percent) Total CDBG Program Income For Program Year 2012-2013, the $5,830,119.00 in CDBG funds and $50,000.00 of CDBG progrs°m income is recommended to be allocated as follows: Housing Programs and Services - $2,124,038.00 This item includes funding for the City's Priority Repair Program, Cowtown Brush -Up, homebuyer and housing services, and accessibility modifications to the homes of senior and/or disabled individuals and related project delivery costs for these programs. Public Services - $874,517.85 This item includes social services for low to moderate income, disabled, and disadvantaged populations. Community Facilities and Infrastructure - $930,596.05 This item includes funding for neighborhood streets reconstruction and streetlight installation for the Terrell Heights neighborhood. CDBG Economic Development - $734,943.30 This item is this year's payment of the City's Section 108 loan from HUD. CDBG General Administration - $1,166,023.80 This item includes costs for administering the CDBG grant including allocations for Financial Management Services, Internal Audit, and Planning and Development. CDBG Estimated Program Income - $50,000.00 Staff recommends allocating any CDBG program received to the following items. CASA of Tarrant County, Inc. $ 1,875.00 Cultural Arts Center $ 1,875.00 Day Resource Center for the Homeless $ 1,875.00 YWCA Fort Worth & Tarrant County $ 1,875.00 Neighborhood Street Reconstruction $32,500.00 $10,000.00 $50,000.00 For Program Year 2012-2013, the $1,973,169.00 in HOME funds is recommended to be allocated as follows: HOME General Administration - $197,316.90 This item includes costs for administering the HOME grant. Community Development Housing Organizations (CHDO) Set Aside - $0.00 This HUD -required minimum allocation has been met with previous years' awards to CHDOs for nonprofit affordable housing projects and CHDO administrative operating costs. Homebuyer Assistance Program - $1,775,852.10 This item includes funding to provide down payment and/or closing cost assistance to low and moderate income homebuyers. Staff anticipates the receipt of program income in the 2012-2013 Program Year from activities using HOME funds. Any future program income will be used for the City's Homebuyer Assistance Program (HAP) after the 10 percent allocation, excluding recapture, for HOME General http://apps.cfwnet.org/council_packet/mc_review.asp?ID=17008&councildate=8/7/2012[8/13/2012 11:48:42 AM] M&C Review Administration. For Program Year 2012-2013, the $532,857.00 in ESG grant funds is recommended to be allocated as follows: Allocation to non-profit service providers - $492,892.72 Allocation to ESG program administration - $39,964.28 For Program Year 2012-2013, the $942,706.00 in HOPWA grant funds is recommended to be allocated as follows: Allocation to non-profit service providers - $914,424.82 Allocation to HOPWA program administration - $28,281.18 The CDC and Staff recommend that contracts be executed with the agencies listed below in the amounts shown in the following tables: .Community Development Block Grant: Table 1 - CDBG Agencies Organization Camp Fire USA First Texas Council CASA of Tarrant County, Inc. Cenikor Foundation Clayton Child Care. Inc d/b/a Clayton YESI Cornerstone Assistance Network Cultural Arts Center Day Resource Center for the Homeless The Ladder Alliance Mental Health Association of Tarrant County Northside Inter -Church Agency, Inc. Senior Citizen Services of Greater Tarrant County Tarrant Area Food Bank YWCA Fort Worth & Tarrant County YWCA Fort Worth & Tarrant County CDBG Public Service Subtotal REACH Resource Center on Independent Living Program Amount Diamond Hill and N orthside Station $ 75,900.00 Volunteer Advocate Training $ 30,000.00 S ubstance Abuse Treatment $ 75,000.00 S chool Age Child Care N ew Life Center/Promise House GED in Spanish Counseling Services and Case Management Employment Training Long Term Care O mbudsman Good Works/Buenas O bras Transportation for Seniors Community Kitchen/Meals Child Development P rogram Power of Self P roject Ramp $ 75,000.00 $ 75,000.00 $ 30,000.00 $ 31,808.50 $ 75,000.00 $ 75,000.85 $ 75,000.00 $ 75,000.00 $ 75,000.00 $ 75,000.00 $ 31.808.50 $ 874,517.85 $ 50.000.00 http://apps.cfwnet.org/council_packet/mc review.asp?ID=17008&councildate=8/7/2012[8/13/2012 11:48:42 AM] M&C Review TOTAL CDBG Contracts $ 924,517.85 Emeraencv Solutions Grant: Table 2 - ESG Agencies Organization Catholic Charities of Fort Worth CFW: Parks and Community Services P resbyterian Night Shelter S afeHaven of Tarrant County Day Resource Center Program Amount P revention and Rapid Re -Housing Community Action P artners The Emergency Shelter P rogram S helter Operations and Rapid Re -Housing Counseling Services and Case Management TOTAL ESG Contracts Housina Onnortunities For Persons With AIDS: Table 3 - HOPWA Agencies $ 38,178.52 $ 75,000.00 $ 167,892.72 $ 175,000.00 $ 36,821.48 492,892.72 Organization Program Amount AIDS Outreach Center, Inc. Administration (three percent), $ 612,758.90 S upportive Services, TBRA, and STRMU Administration (three percent), S upportive Services, and TBRA Tarrant County Samaritan Housing, Inc. TOTAL HOPWA Contracts These programs are available in ALL COUNCIL DISTRICTS. $ 301.665.9a $ 914,424.82 FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations, adoption of the attached appropriation ordinance and receipt of grant funds, funds will be available in the current operating budget, as appropriated, of the Grants Fund. TO Fund/Account/Centers GR76 451727 017206280XXX GR76 5XXXXX 017206280XXX GR76 451727 017206281XXX GR76 5XXXXX 017206281)(( GR76 5)XXXX 017206283XXX GR76 451727 017206284)00( GR76 5XXXXX 017206284XXX GR76 451685 017206280XXX $5.830.119.00 $5.830.119.00 $1.973.169.00 $1.973.169.00 $532.857.00 $942.706.00 $942.706.00 $50.000.00 FROM Fund/Account/Centers, http://apps.cfwnet.org/council_packet/mc review.asp?ID=17008&councildate=8/7/2012[8/13/2012 11:48:42 AM] M&C Review GR76 5XXXXX 017206280XXX GR76 451727 017206283XXX $50.000.00 $532.857.00 Submitted for City Manager's Office bvi Originatina Department Head;. Additional Information Contact;. ATTACHMENTS 17HUDACTPLANPY12-13 AO12 VG(11.doc 2012-13ActionPlanFundingRecommendations.pdf List of Selected Streets for 2012-2013.pdf Fernando Costa (6122) Jay Chapa (5804) Cynthia Garcia (8187) Avis F. Chaisson (6342) http://apps.cfwnet.org/council_packet/ms jeview.asp?ID=17008&councildate=8/7/2012[8/13/2012 11:48:42 AM]