HomeMy WebLinkAboutContract 44916 (2)STATE OF TEXAS
COUNTY OF TARRANT
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This contcact ("Contract") is nlade and entered into by and between the City of
Fort Worth (hereafter `'City") and Tarraut County Housing Partne�ship, Inc. (hereafter
"Agency"), a Te�as nonprofit corporation. City and Agency inay be i•efei•i•ed to
individually as a"Party" and jointly as "the Parties".
The Parties state as follows:
WHEREAS, City i•eceives grant monies from tl�e United States Department of
Housing and Urban Development ("HUD") thi•ougll i�le CO1I1111U111i}' DeVelOplllerii BIOCI{
Grant ("CDBG") Program, Program No. B-13-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 in accordance witl� 24 CFR Part 570.200 (a)(2); ;
WHEREAS, Agency submitted a proposal to use CDBG fimds for an eligible
prograill under the CDBG Regulations wliei•eby Agency will provide services to low and
moderate income City citizens;
WHEREAS, City citizens, the Community Development Council, and tlie 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 ace true and correct
and form the basis upon which the Parties have entered into this Contract.
2. DEFINITIONS.
In addition to ter►ns defined in tlle body of tllis Contract, the terms set forth below
shall have the definitions ascribed to them as follows:
Area Median Income or AMI means the median family income for the Fort Worth-
Arlington metropolitan statistical area as established annually by HUD. The 2013 income
litnits are attached hereto as Exhibit "A-1" — 2013 HUD Income Limits.
Business Diversity Enterprise Ordinance or BDE tneans the City's Business Diversity
Ordinance, Ordinance No. 20020-12-201 1. _ _
CDBG means Comnn�nity Development Blocic Gra�lt. ��F��'�` ������
CIT� SECRETAR�
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CDBG PSA CONTRACT 2013-2014 - TARR:INT COUNTY HOUSING PARTNERSHIP, INC. 1
C�ECEIVED QCi � 1 �Oi3
Complete Documentation means the following docuinentation as applicable:
• Attachments I, II, and III, with supporting documeutatioil including:
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.
o Proof of client eligibility: (i) Source Doc�unentation sufficient to
show that clients paeticipating in the Program are CDBG Eligible
Clients; or (ii) docurnentation other than Source Doctunentation to
show that clients served by the Program are CDBG Eligible
Clients.
• Complete Documentation shall meet the standards desct•ibed in the
attached Exhibit "F" - Standards for Complete Documentation.
• Any other document or record reasonably necessaiy to verify costs spent
and client eligibility for the Program.
CDBG Eligible Client means a client whose annual income adjusted for family size does
not exceed 80% of AMI using the most current HUD Income Guidelines and Technical
Guidance for Determining Income and Allowances verified by either Source
Documentation or the form in Exhibit "E" - Form of Income Self-Certification.
Agencies Serving 100% Clientele n�ust follow the requireillents set fol�th in Section 6.1.3.
CDSG Funds means the CDBG grant funds supplied by City to Agency under the terms
of this Contract.
CDBG Regulations means regulations found at 24 CFR Part 570 et se�I.
DBE means disadvantaged business enterprise.
Director means the Director of the City's Housing and Economic Developinent
Department.
Effective Date means October 1, 2013.
HED Department means tl�e City's Housing and Economic Development Department.
HUD means the United States Department of Housing and Urban Development.
CDBG PSA CONTRACT 2013-2014 - TARRANT COIJNTY HOUSING Pf1RTNERSHIP� INC.' 2
IDIS means HUD's Integrated Disbursement Inforniation System.
National Objective means at least 51% of the clients served under this Contract must
have incomes at or below 80 % of AMI in accordance with 24 CFR 570.208(a)(2).
Program means the services described in Exhibit "A" — Program Summary.
Reimbursement Request means all reports and other documentation described in
Section 9.
Source Documentation means any documentation allowed under the definition of annual
income in 24 CFR Part 5.609
Unduplicated Clients means a count of CDBG Eligible Clients served once in the
Contract Term. CDBG Eligible Clients �served more than once in the Contract Term will
only be counted once when detei�liining the number of Unduplicated Clients.
3. TERM.
The term of this Contract begins on October 1, 2013 and telminates on September
30, 2014 unless earlier terminated as provided in this Contract.
4. DUTIES AND RESPONSIBILITIES OF CITY.
4.1 Provide CDBG
Citv shall provide up to
HIlNDRED THIRTY-FIUE and 00/100 Dollars' ($124,935.00) of CDBG Funds on a
reimbuisement of expenses basis, under the terms and conditions herein.
4.2 Monitor.
City will monitor the activities and perforinance of Agency and airy of its
contcactors, subcontractors or vendors as necessary, but no less than annually.
5. DUTIES AND RESPONSIBILITIES OF AGENCY.
5.1 Required Services.
Agency sha11 perform the services described in Exhibit "A" — Program
Summary in accordance with the terms and conditions of this Contract.
5.2 Use of CDBG Funds.
5.2.1. Compliance with CDBG Re�ulations and Contract.
Agency shall be reimbursed for eligible Program costs with CDBG Funds only if
City determines in its sole discretion that:
CDBG PSA CONTRACT 2013-2014 - TARRANT COUNTY HOUSING Pf1RTNERSHIP; INC: 3
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5.2.1.1 Costs are eligible
Regulations.
e�penditures in accordance with CDBG
5.2.1.2 Costs are in compliance with this Contract and are reasonable
and consistent with industi•y norms.
5.2.1.3 Complete Doc�ullentation is submitted to City by Agency.
5.2.2 Budget•
Agency agrees that CDBG Funds will be paid on a reimbursement basis in
accordance with Exhibit "B" - Budget. During the term of this Conh�act, Agency may
subtnit written requests to increase or decrease line-item amounts � in the Budget,
including an explanation of why such increases or decreases are necessat•y. All such
requests mtiist be approved by the Director in writing, with s�ich approval being in the
Director's sole discretion. If Director approves the Agency's proposed Budget
amendment (as approved, the "Amended Budget"), then the Amended Budget will take
effect on the �rst day of the month following the month in which it was approved by
Director, unless otherwise specified in the amendment. All req�iests for Budget
aniendments must be submitted by August 15, 2014.
5.2.3 Change in Program Sud�et.
5.2.3.1 Agency will notify City protnptly of any additional fiinds it
receives for operation of the Program, and City reseives the
right to amend this Contract in such instances to ensure
compliance witll 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 Pavment of CDBG Funds to A�encv.
CDBG Funds will be disbuised to Agency upon City's approval of Agency's
written and signed Reimbuisetnent Requests includinb submission of Complete
Documentation to City iii compliance witl� Section 9. If Agency eapends all funds
budgeted for the Prograin prior to September 20, 2014, City may hold back a small
ainount of the CDBG Funds until the end of the term. During this interim period, Agency
must continue to submit Reimburseinent Requests �vith an invoiced amount of $0. It is
elpressly agt�eed by the Parties that any CDBG Funds either not spent or not approved for
reimbursement to Agency shall remain with City.
CDBG PSA CONTRACT 2013-2014 - Tt�RR�NT COUNTY HOUSING PARTNERSHIP; INC:' 4
5.3 Program Performance Milestones.
Agency warrants that the Program will achieve the following milestones:
Failure of Agency to meet these milestones or a material deviation fi•om 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 t11e 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 Cont�act.
5.4 Identify Pro�ram Expenses Paid with CDBG Funds.
Agency will keep accounts and records in such a manner that City may readily
identify and account for Program expenses reunbursed with CDBG Funds. These
records shall be made available to City for audit purposes and shall be retained as
required hereunder.
5.5 Meet National Objective.
Agency certifies that the activities carried out under the Program and this Contract
will meet the National Objective.
6. CLIENT ELIGIBILITY VERIFICATION.
6.1 Client Eli�ibility.
A�encv will document the eli�ibility of all
clients.
6.1.2. All other subsections of this Section 6.1 are not applicable to Agency under
this Contract.
6.1.1 Agencies Servin� a Presumed Benefit Clientele.
Agency must document that all clients served fall under a"presumed bene�t"
categot•y as defined ii� 24 CFR 570. Relevant categories of presumed benefit are:
severely disabled adults, homeless persons, abused or neglected children and youtli or
elderly persons. Eligible forms of documentation include:
6.1.1.1 Severely Disabled Adults. Agency form, approved by tlle
City, tilled out by Agency staff or the CDBG Client indicating
client meets the Census definition of "severe(y disabled." As
an acceptable alternative, Agency may use the fortn attached
CDBG PSA CONTRACT 2013-2014 TARRANT COLTNTY HOUSING PARTNERSHIP; INC. 5
hereto as Exhibit "H" — Severely Disabled Certification
Form.
6.1.1.2 Homeless Persons. Written, signed and dated certification
fi-om an out�each worker.
6.1.13 Abused or Neglected Children and Youth. Written, signed
and dated certification fi•om an outreach vvorker.
6.1.1.4 Elderly Persons. A birth certificate, driver's license, passpot�t,
immigration card, military identification, or any other state,
local, national or international documentation, provided it
contains current information about the age or birth of the
possessor. The form in Exhibit "E" — Form of Income Self
Certification also requires tl�at potential clients list their age
and certify the validity of the information provided. This may
be sufficient but should only be used as a last resort with an
eXplanation in the file case notes indiaating why the formal
forms of verification were not available. An elderly person is
defined as being at least 62 years of age.
6.1.2 Agencies Servin� a General Clientele.
Agency must vet-ify all new clients' ulcome eligibility with eithet� Source
Documentation or the forn� attached as Exhibit "E" — Form of Income Self
Certification. Agency must use the annual income definition in 24 CFR 5.609 to
establish client income eligibility and must use the most current HUD Income
Guidelines. All clients' income must be documented, but only 51% of clients must meet
income eligibility requir•ements described in 24 CFR 5.609.
6.1.3 A�encies Serving 100% Clientele.
Agency must verify income eligibility of all Unduplicated Clients with Source
Documentation. Source Documentation must be collected and maintained in Agency
�les even if Agency reports income eligibility using the form attached as Exhibit "E" —
Form of Income Self Certification.
6.2 Submission of Compiete Documentation.
Agency must submit copies of all eligibility verification documentation described
in Section 6.1 with Attachment III in each month's Reimbursement Request for all
Unduplicated Clients served fot• the �rst time, and inust 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
tl�e CDBG Regulations, including but not limited to the following:
7.1 Environmental Review.
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CDBG Funds will not be paid, and costs cannot be incurred until City has
conducted and completed an environmental revie�v as required by 24 CFR Part 58. The
environmental review may result in a decision to proceed with, modify, or cancel the
funding for the Progi•am. Further, Agency will not undertalce or commit any fiinds to
physical or clioice limiting actions as described in any applicable Federal regulations.
Any violation of this provision will (i) cause this Contract to ternlinate immediately; and
(ii) require Agency to repay to City the CBDG Ftmds it has already received and forfeit
any future payments of CDBG Funds.
7.1.2 Environmental Miti�ation.
If applicable, Agency inust take the mitigation actions outlined in Exhibit "A-2"
— Environmental Mitigation Actioiis. Failure to complete the required mitigation
action is an event of default under this Contract.
7.2 Contract Not Constituting Commitment of Funds.
Notwithstanding any provision of this Contract, the Parties agree and
acicnowledge that this Contract does not constitute a commitment of funds, and that such
commitment of funds or approval may occur only upon (i) satisfactory coinpletion of
environmental review and receipt by City of an authorization to use grant fiinds fi•om
HUD under 24 CFR Part 58, (ii) approval of City's 2013-2014 Action Plan, and (iii)
receipt by City of grant agreement from HUD.
7.3 Monitoring.
73.1 Agency understands and agrees that City will monitor the adequacy and
timeliness of Agency's perfoin�ance under the terms of this Conti•act as well as its
compliance with the CDBG Regulations. Agency is subject to such nlonitoring during
the ternl of this Contract and for 5 years after the Contract term ends. Agency will
provide reports and access to Program files as requested by City for durit�g this 5 year
period. For purposes of this Contract, this 5 year period for monitoring is deemed to
begin on October 1, 2014 and end on September 30, 2019 regardless of whether or not
this Contract is earlier terminated.
7.3.2 Representatives of City, HUD, and the United States Comptroller General
shall have access during regular business hours, upon 48 hours prior notice, to Agency's
offices and records pertaining to the use of the CDBG Funds, and to Agency's officei•s,
directocs, agents, einployees, contractors, subcontractot•s and vendors for the purpose of
such monitoring.
7.3.3 In addition to other provisions of this Contract regarding t't•equency of
monitoring, City reserves the right to perform desk t•eviews or on-site monitoring of
Agency's coinpliance with the terms and conditions of this Contract. After each
monitoring visit, City sha11 provide Agency with a written report of the monitor's
findings. If the monitoring report notes deiiciencies in Agency's perfortnance, the report
shall include requireinents for the timely cort•ection of said deticiencies by Agency.
Failure by Agency to take the action specified in the monitoring report may be cause for
silspension or termination of this Contract as provided I�erein. �
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7.3.4 Agency agrees to likewise monitor the effectiveness of the services and
work to be perfot•med by its contractors, sti�bcontractors and vendors.
7.3.5 This Section 7.3 shall sl�rvive the earlier termination or expit•ation of this
Contract.
7.4 AgencV Procurement Standards.
Agency shall comply with all applicable federal, state and local laws, t�egulations,
and ordinances for making piocurements under this Contract. Agency shall establish
procurement procedures to ensllre 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 minimunl 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 aniended fi•om 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 Accountin� Standards.
Agency agrees to comply with OMB Circular A-110, "Uniform Administrative
Requirements for Grants and Agreements with Institutions of Higher Education,
Hospitals aud other Non-Profit Oi•ganizations", and agrees to adhere to the accounting
priilciples and procedures required therein, utilize adequate interna( controls, and
maintain necessary supporting and back-up doc�imentation for all costs incurred.
7.7 Uniform Administrative Requirements.
Agency will comply with the Uniform Administrative Requireil�e�its set forth in
24 CFR Part 57.502 or any�reasonably equivalent procedures and requit�ements that City
may require.
7.8 Terms Anplicable to Contractors, Subcontractors and Vendors.
Agency understands and agrees that all terms of this Contract, whether regulatoiy
or otherwise, s11all apply to any and all cont�•actors, subconh•actors and vendors of
Agency which are in any way paid with CDBG Funds or who pet•fot•tn any worlc in
connection with the Progratn. Agency shal( cause all applicable provisions of this
Contract to be included in and made a part of any contract oi• subcontract executed in the
performance of its obligations hereunder iiicluding its obligations regarding the CDBG
�Regulations. Agency shall monitor the ser•vices and work performed by its contractar•s,
subcontt•actors and vendois on a regular basis for compliance with the CDBG
Regulations and Contract provisions. Agellcy must cure all violations of the CDBG
Regulatioils committed by its contractois, subcontractors or vendors. City maintains the
right to insist on Agency's full compliance with the terms of this Contract and the CDBG
Regulations and Agency is responsible for such compliance regardless of whether actions
CDBG PSA CONTRACT 2013-2014 TARRANT GOUNTY HOUSING PARTNERSHIP; ING 8
taken to fulfill the requirenlents of this Contract are taken by Agency or by Agency's
contt•actors, slibconteactors or vendors. Agency acicnowledges that the provisions of this
Section shall survive the earlier termination or expiration of tliis Contract.
79 Copvright and Patent Rights.
No reports, maps, or other documents produced in whole or in part under this
Contract shall be the subject of an application for copyright by or on behalf of Agency.
HUD and City shall possess all rights to invention or discovery, as well as rights in data,
which may arise as a result of Agency's performance under this Contract.
8. RECORD KEEPING; REPORTING AND DOCUMENTATION
REQUIREMENTS; AUDIT.
8.1 Record Keeping.
Agency shall inaintain a record-lceeping systein as part of its performance of this
Conh•act 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 lcept an accurate record of
all actions taken and a11 funds spent, with supporting and back-up documentation.
Agency will maintain all records and documentation related to this Contract for 5 yeats
after the Contract term ends. If a3iy claim, litigation, or audit is initiated before the
expiration of the 5 year pei�iod, the relevant records and docLimentation must be retained
until all such claims, litigation or audits have been resolved. For purposes of this
Conhact, this 5 year period for record retention is deeined to begin on October 1, 2014
and end on September 30, 2019 regardless of whether or not this Conn•act is earlier
terminated.
8.2 Access to Records.
City and any duly authorized of�cials of the Federal govet•i�ment will have fi�ll
access to, and the right to examine, audit, copy, eYcerpt and/or transcribe any of
Agency's records pertaining to all matters covered by this Contract for 5 years after the
Conh�act tern� ends. Such access shall be during regular business houis and upon at least
48 hours prior notice. For purposes of this Contract, this 5 year period for access to
records is deemed to begin on October 1, 2014 and end on September 30, 2019 regardless
of whetl�er or not this Contract is earlier terminated.
8.3 Reports.
Agency �vill submit to City all reports and documentation described in this
Contract in such form as City may prescribe. Agency may also be required to submit a
final performance and/or final financial report if required by City at the termination of
this Contract in such form and withiu such times as City inay prescribe. Failure to submit
to City any report or docunlentation described in this Conhact shall be an event of default
of this Contract and City lnay exercise all of its remedies for default under this Conh�act.
8.4 Chan�e in Reporting Requirements and Forms.
City retains the right to change reporting �•equirenzents and forms at its discretion.
City will notify Agency in writing at least 15 days prior to the effective date of such
CDBG PSA CONTRACT 2013-2014 - TARRANT COUNTY HOUSING PARTNERSHIP; INC<< 9
change, and the Parties shall execute an amendment to the Contract reflecting such
change if necessaiy.
8.5 Audit.
8.5.1 Entities that Expend $500,000 or more in Federal Funds Per Year.
All non-federal entities that expend $500,000 or more in Feder•al funds within one
year, regardless of the source of the Federal a�vard, 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
prepat•ed by an independent certified public accountant, be completed within 6 months
following the end of the period being audited and be submitted to City within 30 days of
its completion. Agency's audit certification is attached hereto as Exhibit "C" —"Audit
Certification Form" and "Audit Requiremeuts". The Audit Certification Form must
be submitted to City prior to or with the first Reimbursement Request. Entities that
eapend less than $500,000 a year in Federa( funds are exempt from Federal audit
requirements for that year, but records must be available for review or audit by
appropriate of�cials of the Federal agency, City, and General Acco�mting Office.
8.5.2 . City Reserves the Ri�ht to Audit.
City reseives the right to perform an audit of Agency's Program operations and
fnances at any tinle during the term of this Contract and for 5 years after the Contract
Term ends if City determines that such audit is necessary for City's compliance with the
CDBG Regulations or other City policies. Agency agrees to allow access to all pertinent
materials as described lierein for such audit. For purposes of this Conh�act, this 5 year
period for City audit is deemed to begin on October 1, 2014 and end on September 30,
2019 regardless of whether or not this Contract is earlier terminated. If such audit reveals
a questioned practice or expenditttre, such questions must be resolved within 15 business
days after notice to Agency of such questioned practice or expenditure. If questiovs are
not resolved within this period, City reserves the t•ight to withhold further funding under
this Conhact and/or any future colltracts with Agency. IF AS A RESULT OF ANY
AUDIT IT IS DETERMINED THAT AGENCY HAS FALSIFIED ANY
DOCUMENTATION OR MISUSED, MISAPPLIED OR MISAPPROPRIATED
CDBG FUNDS OR SPENT CDBG FUNDS ON ANY INELIGIBLE ACTIVITIES,
AGENCY AGREES TO REIMBURSE CITY THE AMOUNT OF SUCH MONIES
PLUS THE AMOUNT OF ANY SANCTIONS, PENALTY OR OTHER CHARGE
LEVIED AGAINST CITY BY HUD BECAUSE OF SUCH ACTIONS.
9. REIMBURSEMENT REQUIREMENTS.
9.1 Deadline for Submittin� Reimbursement Requests.
Each Reimbursetnent Request shall be received by the City on or before the 15t�'
day of the month following the tnonth e�penses were paid by Agency. For example, the
Reimbuisement Request for June expenses must be received by July I 5. In the event the
15t�' falls on a weekend or Ciry holiday, Reinlburseinent Requests shall be due the next
day that the City is open for business. Failure to submit a Reimbursetnent Request in a
timely fashion will result in City talcing tl�e actions outlined in Section 10.1.
CDBG PSA CONTRACT 2013-2014 TARRANT COUNTY HOUSiNG PARTNERSffiP,iINC. 10
NOTWITHSTANDING ANYTHING ABOVE, EXPENSES FOR SEPTEMBER
2014 MUST BE RECEIVED BY SEPTEMBER 20, 2014. FAILURE TO SUBMIT
A FINAL REIMBURSEMENT REQUEST BY SEPTEMBER 20, 2014 WILL
RESULT IN AUTOMATIC FORFEITURE OF PAYMENT OF THE
SEPTEMBER REIMBURSEMENT REQUEST.
9.2 Agency shall provide City with Complete Documentation and the
following reports as shown in Exhibit "D" —Reimbursement Forms with each
Reimbursement Request: �
9.2.1 Attachment I — Invoice.
This report shall contain the amount requested for reimbL�rsenlent each nlonth, the
cumulative reimbursetnent requested to date (inclusive of that month's request), and must
be signed by an authorized signatoiy of Agency. By signing Attachment I, Agency is
certifying that the costs are valid, eligible, consistent with the terms and conditions of this
Contract, and the data contained in the report is true and correct. This repot�t must be
submitted even if Agency is requesting $0 for a particular month.
9.2.2 Attachment II— Expenditure Worksheet.
This report shall itemize each expense requested for t•eimbursement 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 eYpenses listed.
Timesheets must distinguish between CDBG-fiinded time and
non-CDBG funded time and reflect actual tilne spent on
CDBG-fi�nded activities.
9.2.2.2 For non-payroll eYpenses, invoices for each expense listed with
an eYplanation as to how the invoiced expeiise pertai�ls 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 ba�ilcing documentation.
9.2.3 Attachment III — Client Data Report.
This report shall list each Unduplicated Client served during the month along with
his or l�er demographic information. The Client Data Report must contain a list of all
clients seived during the Conteact period. In order for this report to be complete the
following must be submitted:
9.2.3.1 Documentation of income verification for each Unduplicated
Client the first time he or she is served, which will either be the
Source Documentation described in Section 6.1 or the
completed form attached hereto as Exhibit "E" - Form of
CDBG PSA CONTRACT 2013-2014 - TARRANT GOUNTY HOUSING P�RTNERSHIP; INC. 1 1
Income Self Certification. AGENCIES SERVING 100%
CLIENTELE MUST FOLLOW THE REQUIREMENTS
SET FORTH IN SECTION 6.1.3.
93 Withholding Pavment. �
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 shail be an event of default.
10. DEFAULT AND TERMINATION.
10.1 Failure to Submit Required Documentation
101.1 If Agency fails to submit a Reimbursement Request, or if the
subnlitted Reimbursement Request is incomplete or otherwise not in compliance with this
Contract or CDBG Regulations, .as determined by City in its sole discretion, Agency shall
be in default of this Contract. City will notify Agency in writing of sucl� default and the
Agency will have 10 calendar days fi•oili the date of the written notice to submit ot•
resubmit any such Reimbursement Request to cui-e the default. If 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, 2014, OR IF THE SUBMITTED REIMBURSEMENT
REQUEST FOR SEPTEMBER 20, 2014 IS LATE, INCOMPLETE OR
OTHERWISE NOT IN COMPLIANCE WITH THIS CONTRACT OR CDBG
REGULATIONS AS DETERMINED BY CITY IN ITS SOLE DISCRETION,
THERE WILL BE NO CURE PERIOD AND ANY REIMBURSEMENT WILL BE
AUTOMATICALLY FORFEITED.
10.1.3 In the event of (i) an iincured default under Section 10.l.lor (ii) more
than 2 instances of default, cured or unci�red, 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 Reiinbursement
Request, report or docuinentation is past due or is not in compliance with this Contract or
the CDBG Regulations, or during any period during which Aget�cy is in default of this
Conh•act.
10.1.5 In the event of termination under this Section ] 0.1, all CDBG Funds
a�varded but unpaid to Agency pursuant to this Contract shall be itn�nediately forfeited
and Agency shall have no further right to such funds.
CDBG PSA CONTRACT 2013-2014 TARR�NT'COUNTY HOUSiNG PARTNERSHIP; INC: 12
10.2 Failure to Maintain Records or Submit Reports and
Documentation.
If Agency �fails to maintain all records and docunlentation as required in Section
8, or if the maintained ot• a submitted report or documentation is not in compliance with
this Contract or the CDBG Regulations as determined by City in its sole discretion, City
will notify Agency in writing and Agency will have 30 calendar days from the date of the
written request to obtain or recreate the inissing records and docunlentation or submit or
resubmit any such report or documentation to City. If Agency fails to inaintain the
reqaired reports or documentation, or fails to submit or resubmit any such report or
documentation within such time, City shall have the right to ternlinate this Contract
effective imniediately upon written notice of such intent with no penalty or liability to
City.
10.2.1 In the event of termination uuder this Section 10.2, all CDBG Funds
awarded but unpaid to Agency pursuant to this Contract shall be immediately forfeited
and Agency shall have no further right to such funds, and any CDBG Funds paid to
Agency must be repaid to City within 30 days of termination. If such CDBG funds are
not repaid to City within the 30 day period, City shall exercise all legal- remedies
available under this Contract.
10.3 In General.
Subject to Section 10.1, and unless specifically provided otherwise in this
Contract, Agency shall be in default undet• 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 (oi• such other notice period as znay be
specified hereit�) 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 inuhially and iu good faith, City shall have the
right to elect in City's sole discretion to (i) extend Agency's time to cure, (ii) terminate
this Contract effective immediately upon written notice of such intent to Agency, or (iii)
pursue any other legal remedies available to City.
10.3.1 In the event of termivation under this Section 10.3, all CDBG Funds
awarded but unpaid to Agency pursuant to this Contract shall be immediately forfeited
and Ageucy shall have no further right to such fi�nds, and any CDBG Fuuds 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 sl�all exet•cise all legal remedies
available under this Contract.
10.4 No Funds Disbursed while in Breach.
Agency undeistands 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 worlc undertaken after tl�e date of
the termination.
CDBG PSA CONTRACT 2013-2014 TAIZRANT COUNTY HOUS3NG PARTNERSHIP;INC. 13
10.6 Rights of City Not Affected.
Terinination shall not affect or terminate any of the existing rights of City against
Agency, or which ma� thec•eafter accrue because of Agency's default. Such termination
does not terminate any provisions of this Contract that have been expressly noted as
surviving the tei�m or teru�ination of the Contract.
10.7 Waiver of Breach Not Waiver of Subsequent Breach.
The waiver of a default or breach of any term, covenant, or condition of this
Contract shall not operate as a waiver of any subsequent default or breach of the same or
any other tet•m, covenant or condition hereo£ �
10.8 Civil Criminal and Administrative Penalties.
Failure to perform all the Contract terms nlay result in civil, criminal or
adminish-ative penalties, including, but not limited to those set out in this Contract.
10.9 Termination for Cause.
10.9.1 City may terminate this Contract in the event of Agency's default,
inability, or failure to perform subject to notice, grace and cure pei•iods. In the event City
terminates this Contract for cause, all CDBG Funds awarded but unpaid to Agency
pursuant to this Contract shall be immediately rescinded and Agency shall have no
further right to such funds and any CDBG Funds already paid to Agency �nust be repaid
to City within 30 days of termination. Failure to repay such CDBG Funds within 30 days
will result in City exercising all legal remedies available to City under this Contract.
AGENCY ACKNOWLEDGES AND AGREES THAT IF CITY TERMINATES
THIS CONTRACT FOR CAUSE, AGENCY OR ANY AFFILIATES OF AGENCY
SHALL NOT BE CONSIDERED FOR ANY OTHER CITY CONTRACT FOR
CDBG FUNDS FOR A MINIMUM OF 5 YEARS FROM THE DATE OF
TERMINATION.
10.9.2 Agel�cy may terminate this Contract if Ciry does not provide the
CDBG Funds substantially in accordance with this Contract. �
10.10 Termination for Convenience.
In terminating in accordance with 24 C.F.R. 85.44 this Contract �nay 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 tei-�ninated; 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. In the case of a partial termination, City i11ay terminate the
Contract in its entirety if City determines in its sole discretion that the remaining portion
of the Contract to be perfornied or CDBG Funds to be spent will not accomplish the
purposes for which the Contract was made.
CDBG PSA CONTRACT 2013-2014 TARRf1NT COUNTY HOUSING PARTNERSHIP;' INC. 14
10.11 Dissolution of A�encv Terminates Contract.
In tlie event Agency is dissolved oi� ceases to exist, this Contract shall terminate.
In the event of termination under this Section, all CDBG Funds are subject to repayment
and/or City may eaercise all of its remedies under this Contract.
10.12 Reversion of Assets.
In the event this Conhact is terminated with or without cause, all assets acquired
with the CDBG Funds including cash, interest payments fi•om loans or otherwise, all
outstanding notes, mortgages or other security instruments, any accounts receivable
attributable to the use of the CDBG Funds, and any real or personal property owned by
Agency that was acquired or nnproved with CDBG Funds shall autoulatically transfer to
City or to such assignee as City may designate.
11. REPAYMENT OF CDBG FUNDS.
All CDBG Funds are subject to repayment in the event the Program does not meet
the requirements as set out in this Contract or in the CDBG Regulations. If Agency
takes any action that results in the City being required to repay all or any portion of
the CDBG Funds to HUD, Agency agrees it will reimburse City for such repayment.
If Agency takes any action that results in City receiving a finding from HUD about
the Program, whether or not repayment of all or any portion of the CDBG Funds is
required of City, Agency agrees it will pay City 10% of the CDBG Funds as
liquidated damages. The Parties agree that City's damages in the event of either
repayment to HUD being regi�ired or receiving a finding froin HUD ai•e uncertain and
�vould be difficult to ascei�tain and may include an impact on City's CDBG geant or other
Federal grant funds, in addition to a finding by HUD or a repayment of fi»Zds to HUD by
City. Therefore, tl�e Parties agree that payment under this Section of 10% of the CDBG
Funds by Agency to City is liquidated damages and not a penalty.
12. CHANGE IN NON-PROFIT STATUS.
If the non-profit status of Agency changes after the date of this Contract, City
may but is not obligated to, terminate this Couh•act. Agency 1liust provide City with
wt•itten notification of any changes to its non-profit status within 15 calendar days of
being noti�ed of the change. City has 30 calendar days to malce such determination after
receipt of notice fi�oin Agency and failure to make such determination will constitute a
waiver. In the event of termii�ation under this Section 12, all CDBG Fupds awarded but
unpaid to Agency pursuant to this Contract shall be imtnediately forfeited and Agency
shall have no fiirther right to such fiinds. Any CDBG Funds already paid to Agei�cy must
be repaid to City within 30 calendar days of termination.
13. SURVIVAL.
Any provision of this Contract that pertains to auditing, inonitoring, client income
eligibility, record keeping and repoi•ts, City ordinances, or applicable CDBG
t•equirements, and any defattlt and enforcement provisions necessaty to enforce such
provisions, sl�all survive the termination of this Contract for 5 years after the Contract
CDBG PSA CONTRACT 2013-2014 - TARRANT COUNTY HOUSING PARTNERSHIP� INC; 15
term ends and shall be enforceable by City against Agency. Fot• purposes of this
Cont�•act, this 5 year period for survival of certain Contract provisions is deemed to begin
on October 1, 2014 and end on September 30, 2019 regardless of whether ot• not this
Contract is earliec terminated.
14. GENERAL PROVISIONS
14.1 A�encv 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 eonh�ol of, and
the exclusive right to contt•ol, the details of the work and services performed hereunder,
and all persons performing same, and shall be solely responsible for the acts and
omissions of its officers, members, agents, servants, employees, contractors,
subcontractors, vendors, clients; licensees or invitees.
14.2 Doctrine of Respondeat Superior.
The doctrine of respondeat superior shall not apply as between City and Agency,
or its officers, members, agents, servants, employees, contractors, subcontractors,
vendors, clients, licensees or invitees, and nothing herein shall be construed as creating a
partnership or joint entelprise between City and Agency. City does not have the legal
right to control the details of the tasks performed hei-eiinder by Agency, its officers,
members, agents, employees, contractors, subcontractois, vendors, clients, licensees or
invitees.
14.3 Agency Property.
City shall under no circumstances be responsible for any property belonging to
Agency, or its officers, members, agents, eznployees, conh•actors, siibcontractors,
vendors, clients, licensees or invitees that may be lost, stolen or destt•oyed or in any way
damaged and AGENCY HEREBY INDEMNIFIES AND HOLDS HARMLESS
CITY AND ITS OFFICERS, AGENTS, AND EMPLOYEES FROM ANY AND
ALL 'CLAIMS OR SUITS PERTAINING TO OR CONNECTED WITH SUCH
PROPERTY.
14.5 Reli�ious Or�anization.
No portion of the CDBG Funds shall be used in support of any sectarian or
religious activity. In addition, there im�st be no religious or membership criteria for
clients of a CDBG-funded service.
14.6 Venue.
� Venue for any action, whether real or asserted, at law or in equity, arising out of
the e�ecution, performance, attempted performance or non-performance of this Contract,
shall lie in Tarrant County, Texas.
CDBG PSA CONTRACT 2013-2014 - TARRANT COUNTY HOUSING PARTNERSHIP, INC; 16
14.7 Governin� Law.
This Contract shall be governed by and construed in accordance with the laws of
the State of Texas. If any action, whether real or asserted, at law or in equity, arises out
of the execution, performance or non-performance of this Contract or on the basis of any
provision herein, for any issue not governed by Federal law, the choice of law shall be the
laws of the State of TeYas.
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� sllall be determined to be invalid by a
court or Federal or state agency, board orcomuiission having jurisdiction over the subject
matter thereof, such invalidity shall not affect other provisions �vhich can be given effect
without the invalid provision.
14.9 Written Agreement Entire Contract.
This written instrument and the Eahibits, Attachments, and Addendums attached
hereto, which are incorporated by reference and made a part of this Contract for all
purposes, constitute the entire agreement by the Parties hereto concerning the worlc and
services to be performed under this Contract. Any prior or contemporaneous oral or
written agreement, which purpoi�ts to vary the terms of this Contract, shall be void. Any
ainendments to the terins of this Contract must be in writing and must be executed by
each Party to this Contract.
14.10 Para�raph Headin�s fot• Reference Only, No Le�al Si�nificance;
Number and Gender.
The paragraph headings contaiued herein are for convenience in i•eference to tl�is
Contract aild are not intended to define or to limit the scope of any provision of this
Contract. When context requires, singular nouns and pronouns include the plural and the
masculine gender shall be deemed to include the feminine or neuter and the neuter gender
to include the masculine and feminine. The words "include" and "including" whenever
used llerein shall be deemed to be followed by the words "��vithout limitation".
14.11 Compliance With All Applicable Laws and Re�ulations.
By signing this Contract, Agency certifies that it cotnplies with all applicable la�vs
and regulations that are currently in effect or that are hereafter an7ended during the
performance of this Contract. Those laws include, but are not limited to:
➢ CDBG Regulations found in 24 CFR Part 570.
➢ Title I of the Housing and Community Developi��ent 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 peison of limited English proficiency
➢ The Fair Housing Act, Titl�e VIII of the Civil Rights Act of 1968 (42 U.S.C.
Sections 3601 etseq.)
➢ Executive Ot�ders ll063, 11246 as amended by 11375 and 12086 and as
supplemented by Department of Labor regulations 41 CFR, Part 60
CDBG PSA CONTRACT 2013-2014 TARRANT COUNTY HOUSING PARTNERSHIP; INC. 17
➢ The Age Discrimination in Employment Act of 1967 .
➢ The Age Discrimination Act of 1975 (42 U.S.C. Sections 6101 etseq.)
➢ The Uniform Relocation Assistance and Real Property Acquisition Policies
Act of 1970 (42 U.S.C. Sections 4601 et seq. and 49 CFR Part 24) ("URA")
➢ Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. Sections 794 et seq.)
and 24 CFR Part 8 where applicable
➢ National Environmental Policy Act of 1969, as amended, 42 U.S:C. sections
4321 etseq. ("NEPA") and the related authorities listed in 24 CFR Part 58.
➢ The Clean Air Act, as amended, (42 U.S.C. Sections 1251 et seq.) and the
Clean Water Act of 1977, as amended (33 U.S.C. Sections 1251 et seq.) and
the related Executive Order 11738. In no event shall any amount of the
assistance provided under this Contract be utilized with respect to a facility
that has given rise to a conviction under the Clean Air Act or the Clean Water
Act.
➢ Inmligration Reform and Control Act of 1986 (8 U:S.C. Sections 1101 et seq.)
specifically including the provisions requiring employer verifications of legal
status of its employees
➢ The Americans with Disabilities Act of 1990 (42 U.S.C. Sections 12101 et
seq.), the Architectural Barriers Act of 1968 as amended (42 U.S.C. sections
4151 et seq.) and t�ie Unifortn Federal Acces�sibility 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 fi�om all covered persons
➢ Drug Free Workplace Act of 1988 (41 U.S.C. Sections 701 et seq.) and 24
CFR Part 23, Subpart F
➢ Executive Order 12549 and 24 CFR Part S.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 Resout•ce
Conservatio�l and Recovery Act
➢ Gtaidelines of the Environmental Protection Agency at 40 CFR Part 247
➢ For contracts and subgrants for constructioil or repair, Copelaud "Anti-
Kicicback" act (18 U.S.C. 874) as supplemented in 29 CFR Part 5
➢ For construction contracts awarded by Agency in elcess 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 ei 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
➢ Unifot•m Administration Requirements of 24 CFR Part 85
CDBG PSA CONTRACT 2013-2014 - TARRANT COUNTY HOUSING PARTNERSHIP; INC. 18
14.11 HUD-Assisted Proiects and Emplovment and other Economic
OpUOrtunities; Section 3 Requirements.
14.11.1 Requirement that La�v Be Quoted in Covered Contracts. — Certain
Requirements Pertainin� to Section 3 of the Housin� and Urban
Development Act of 1968 as Amended (12 U.S.C. Sections 1701 et
seq.) and its Related Regulations at 24 CFR Part 135.
If the Progra111 results in the creation of nei1� employtnent, training, or contracting
opportunities on a contractor or subcontractor level resulting fi•om the eapenditure of the
CDBG Funds, Agency shall coinply with the following and will ensure that its
contractors also comply. If the work performed under this Contract is on a project
assisted under a program providing direct Fedet�al financial assistance fi•om HUD, Section
3 of 24 CFR 13538 ("Section 3") requires that the following clause, shown in italics, be
inset�ted in all covered contracts ("Section 3 Clause"):
Section to be quoted in covered contracts begins:
"A. TI�e �i�ork to be perfo�•med amcler� this corrb�act is szrbject to the
i�eyari'a�enzents of Sectio�7 3 of Hozrsirag anc� U��ban Developme��t Act of
1968, as anzended, 12 U.S.C. section 1701ir (Section 3). Tlae panpose of
Sectzo�7 3 is to ensarr�e thcrt employmei�t a��d otlre�° economic opporttmities
gene��ated by HUD assisted or HZID-assisted p�rogr•ams covei•ecl by
Section 3, slrall to �t17e greatest extent feasible, be directed to lo�-v- an�l
ve�y-lo�a� income perso��s, p�ar°ticerlarly per•sons lvho �a��e recipients of HUD
crssistnnce for hoarsii7g.
B. Tl�e pat�ties to tl�is co��trcrct ng�^ee to comply �t�it17 HUD's
i�ega�lcrtions in 24 CFR Part 135, Za�hzcl� implen�eizt Sectiotz 3. As e>>iclenced
by tlzeir• etieczation of t1�is contr�act, tlze p�a��ties to tl7is contract cer�tify tlrat
tlzey ar�e u���let• no cont��actzral or- otl�ei� impedimei�t tl�czt 1-vould pr•ever7t
tlrenz from complyii7g �-vitl� tJ�e Pcz��t 135 regt�lcrtions.
C. Tlze contr�actor ag��ees to send to eacl� lcrbor organizntion or
rep��esei7tative of 1a�or�kers 1a�itla tia�hich it has a collective bargaining
crg��eeme��t or othe�� understanding, if cr�7y, cr ��otice advisi�7g t1�e labor
or�ganization o�� �i�oT�kef•s' re��°ese�tatives of the co�tracto��'s con��r7itn�ef�ts
zrncle�� this Seciio» 3 cicztrse crnd �a�ill post copies of the i7otice i�7
co��spicaroirs plc�ces crt tl7e 1��ot�Iz site tia�l�er•e botlz employees ancl applicar�ts
for• traii�ing crnd employ�nentpositioi7s c�rn see tl�te notice. Tlae notice slzczll
describe tlTe Sectioi� 3 pi�efe��ence, sl�crll setfot�th mznimzr�n i�trm�ber and job
titles szrbject to hir�e, crvcailability of apprei�tice cz»cl tr•aining positions, the
1�ralifi.catioi7s fo�� eac1�; a�7d tl�e name an�l loccrtion of tlze pe�son(s) t�tl�r�ng
capplications for eac17 of the positior�s; cz��d the �rnticipatecl date the 1-vof�•k
sl�all begi�7.
D. Tlze co��tr�actor agrees tllat it ti-t�ill ii�clarde t1�is Sectio�� 3 cicrirse ii7
ene�y sarbcor7t���rct to comply with regulat��o�� in 24 CFR Pc�rt 135, m7cl
agf�ees to tczke app��opri�rte action, as p��ovide�l i�7 an applicable pt�o>>isi�on
of tlze subcontr•czct o�� ii� this Section 3 clairse, trpon findi��g tl�crt tlie
sirbcont�°acto�� is in i�iolatio�2 of tlze r�egi�lntior�s ii� �24 CFR Part 135. Tlae
CDBG PSA CONTRACT 2013-2014 - TARRANT COUNTY HOUSING PARTNERSHIP, INC.! 19
contr«ctor ivt�ll ��ot si�bcontract 1-vith ai7y sarbcontractoi� ti-vhere it hczs f�otice
o�� l�notivledge t7�cat t17e sarbco��trczcto�� I7crs beet� foarnd in i�iolcrtion of
regarlations ii� 24 CFR 135.
E. Tlre coi�t�-czctor will certify tl7�at any vacar7t employ»�e�zt positions,
inclarding trc�zni�Tg positions that a��e filed: (1) afte�� the contractor is
selectecl btrt before t11e contt�act is execartecl, a�7cl (2) 1-vith peNsons otl7er
thcan tliose to �a�ho»� the regarlations of 24 CFR Pcrrt 135. The corrtractor
1-vill not sa�bcontr�crct ti-vitlt crr7y strbcor�trcicto�� w17er�e zt I7as notice or�
I��owledge tlzat the sarbco��tractor- I�czs been foarr7d in violatio�� of
r�egzrlc�tio��s in 24 CFR 135.
F. Noncompliance �t�ith HUD's i°egzrlation in 24 CFR Pa�°t 135 may
reszrlt i�7 scrnctions, tei�mi��ation of t1�is co��t��cact for defaarlt., �r17d debarmerzt
oi• sarspei7sion fi°on�� firt�rre HUD crssisted contr�acts.
G. YYit17 respect to woi�k pe�for»7ed iiz cof�nection lvitlz Sect��on 3
covei�ed b7dim� Iioersi�zg czssistai�ce, sectio» 7(b) of t7ae Incli�rn Self-
Detet�»�ination �rncl Edtrcation Assistal7ce Act (25 U.S. C. section 450e) also
c�pplies to� the ia�ork to be perfornzed aozde�� tlris Cor�tt�•act. Sectioi7 7(b)
r•eq�rii•es tlzat to t1�e greatest� exte�at feczsible (i) p��eference a��d
opport�rnzties for h�c�ii�ii�g and employmet7t sl�crll be giverz to Indicans, and
(ii) p��efer�ei7ce i�� tlze cawcrrcl of contracts ai�d serbcont��czcts sl7all be gi>>ei� to
b7dian organizations cancl Ifzcliafz-otiv»ecl Eeonomie Entelp��ises. Pa��ties to
tl�is conti�act tl�iut �r��e subject to the provisions of Section 3 and Sect��oi�
79b) �lgree to comply wit17 Sectiol7 3 to tlre rr�aax.r�nurn� extent feasible, ba�t
not in der�ogation of cor��pliaf�ce 1a�ith Section 7(b). "
Section to be quoted in covered contracts ends.
14.11.2 A�ency Responsibilities for Section 3 Requirements.
City and Agency understand and agree that compliance with the provisions of
Section 3, the regulations set forth in 24 CFR Part 135, ai�d all applicable rules and oi•ders
of HUD shall be a condition of the Federal financial assistance provided to the Program
binding upon City aud Agency, and their respective successors, assigns, colltractors and
subcontractot•s. Failure to fi�lfill these requireinents shall subject Agency and its
contractocs and subcontractors and their respective successors ai�d assigns to those
sanctions specified by the grant agreement through which Federal assistance is provided
and to such sanctions as are specified by 24 CFR Part 135. Agency's responsibilities
include:
14.11.2.1 Implementing procedures to notify Section 3 residents and
business concerns about training, employment, and
contracting opportunities generated by Section 3 covered
assistance;
14.11.2.2 Notifying potentia] conh�actors working on Section 3
covered projects of their responsibilities;
14.11.2.3 Facilitating the training and einployment of Section 3
residents and the award of contracts to Section 3 business
CDBG PSA CONTRACT 2013-2014 - TARRANT GOUNTY HOUSING PARTNERSHIP; INC: 20
concef•ns;
14.11.2.4 Assisting and actively cooperating with the HED
Department in making contractors and subcontractors
coinply; �
14.11.2.5 Refi•aining fi•om entering into contracts with contractors
that are in violation of Section 3 regulations;
14.11.2.6 Documenting actions talcen to comply with Section 3; and
14.11.2.7 Submittiilg Section 3 Annual Summary Reports (form
HUD-60002) in accordance with 24 CFR Part 135.90.
14.11.3 Section 3 Reportin� Requirements.
In order to comply with the Section 3 requirements, Agency must submit the
forms attached hereto as Exhibit "G" - Section 3 Reporting Forms.
14.11.3.1 Report to the City on a quat�terly basis all applicants for
employment, and all applicants for employment by
contt•actors and any subcontractors. This shall incllide
naine, address, zip code, date � of application, and status
(hired/not-hired) as of the date of the report.
14.11.3.2 Advertise available positions to the public for open
competition, and provide documentation to City with the
quartei•ly report that den�onstrates such open advertisement,
in the form of printout of Te�as Worlcforce Commission
posting, copy of newspaper advertisement, copy of flyers
and listing of locations where flyers were distributed, and
the like.
14.11.3.3 Report to the City on a quarterly basis all cot�h•acts awarded
by contractot•s and any subcontractors. This shall include
nalne of contractor and/or subcontractor, address, zip code,
and amount of a�vat•d as of the date of the report.
14.12 Prohibition A�ainst Discrimination.
14.12.1 General5tatement.
Agency, in the elecution, performance or attempted performance of this Contract,
shall comply with all non-discrimination requirements of 24 CFR 570.607 and the
ordinauces codified at Chapter 17, Article III, Division 4— F�air Hoarsii7g of tl�e 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
oeientation,�gender identit��, gender expression, or transgender, nor �vill Agency permit its
officers, members, agents, employees, or clients to engage in such discrimination.
CDBG PSA CONTRACT 2013-2014 TARRANT �OUNTY HOUSING PARTNERSHIP; INC.: 21
This Contract is made and entered into with reference specifically to the
ordinances codified at Chapter 17, Article III, Division 3- E»�7ployment Practices of the
City Code, and Agency hereby covenants and agrees that Agency, its officers, inembers,
agents, einployees and cont�actors, have fully complied with all provisions of same and
that no employee, or applicant for employment lias been discriminated against under the
terms of such ot•dinances by either or its officers, membel•s, agents, employees ot•
contractors.
14.12.2 No Discrimination in Employment durin� the Performance of This
Contract.
During the perforniance of this Contract Agency agrees to the following
provision, and will require that its contractors and subcontractors also comply with sL�ch
provision by including it in all contracts with its contractors:
[Cof�tt•actor oi� sarbcont�•acto�•'s rrair�e] wi11 not unla�vfully discriminate against
any employee or applicants for employment because of race, color, seY, gender, relibion,
national origin, familial status, disability or perceived disability, seYual orientation,
gender identity, gender expression or transgender. Agency will talce affirmative action to
ensure that applicants are hired without regard to race, color, seX, gender, religion,
national origin, familial stah�s, disability or perceived disability, sen�al ot•ientation,
gender identity, gender e�pression or transgender and that employees are h•eated fairly
during employment without regard to their race, color, sex, gender, religion, national
origin, familial status, disability or perceived disability, sexttal orientation, gender
identity, gender expression or transgender. Such action shall include, btrt not be limited
to, the following: einployment, upgrading, demotion or transfer, recruihnent or
recruitment advertising, layoff or termination, rates of pay or other foi-ms of
compensation, and selection for training, including apprenticeship. Agency agrees to post
111 COriS]�1CUOLIS places, available to employees and applicants for employment, notices
setting forth the provisions of this nondiscrimination clause.
[Co�tt�acto�� o�• subcof�b•actor's narrre] will, in all solicitations or advertisements
for emplo��ees placed by or on behalf of Agency, state tl�at all qualified applicants will
receive consideration for etnployment without regard to race, color, sex, gender, religion,
natiol�al origin, familial status, disability or perceived disability, seYual orientation,
gender identity, gender expi-ession or transgender.
[Co��t��actor or subco�h•actoi°'s narne] covenants that neither it nor any of its
officers, Inembers, agents, employees, or contractors, while engaged in performing this
Contract, shall, in connection with the enlployment, advancement or discharge of
employees or ii1 connection with the terms, conditions or privileges of tl�eir einployn�ent,
discri�ninate against persons because of their age or because of any disability or
pei-ceived disability, �except on the basis of a bona� �de occupational c�ualification,
retirement plan or statutory reguirement.
CDBG PSA CONTRACT 2013-2014 TARRANT COUNTY HOUSING PARTNERSHIP; INC. 22
[Cos�t��actor or sarbcontt�acto�•'s rrame] further covenants that neither it nor its
officers, members, agents, einployees, contractors, or persons acting on their behalf, shall
specify, in solicitations or advettisements fot 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 statutoiy
requirement.
14.12.3 Agencv's Contractors and the ADA.
In accordance with the provisions of the Americans With Disabilities Act of 1990
("ADA"), Agency ��arrants that it and any of its contractors will not unla�vfully
disct•iininate 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 A�ainst Interest / Conflict of Interest.
14.13.1 Agency shall establish safeguards to prohibit its employees, board
members, advisors and age�lts from using positions for a ptupose that is oi• gives t11e
appearance of being motivated by a desire for private gain for thetnselves or others,
particularly those with whom they have family, business or other ties. Agency shall
disclose to City any conflict of intet•est or potential conflict of interest described above,
immediately upon discovery of sucl�.
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 fuiids or who
are in a position to participate in a decision-making process or gain inside information
with regard to these activities may utilize CDBG services, may obtain a financial interest
or bene�t fi�om a CDBG-assisted activity, or have an interest in any contract, subcontract
or agreement with respect thereto, or the proceeds thereundet�, either for tllemselves or
those �vith whom they have family or business ties, during their tenure or for 1 year
tllereafter•, unless they are accepted in accordance with the procedures set focth at 24 CFR
570.61 l.
14.13.3 Agency affirms tl�at it ���ill adhere to the provisions of the Texas Penal
Code which prohibits bribery and gifts to public servants.
CDBG PSA CONTRACT 2013-2014 - TARRANT COUNTY HOUSING P�IRTNERSHIP; ING 23
14.13.4 The conflict of interest provisions of 24 CFR Part 85.36 and 24 CFR
Part 84.42, respectively, shall apply in tl�e procurement of property and services by
Agency. In all cases not governed by those sections, the pt•ovisions of 24 CFR 570.611
of the CDBG Regulations shall apply.
14.14 Subcontracting with Small and Minoritv Firms, Women's
Susiness Enterprises and Labor Surplus Areas.
14.14.1 For procurement contracts larger than $50,000.00 Agency agrees to
abide by City's policy to involve Minority Business Enterprises and Small Business
Enteiprises and to provide them equal opportunity to compete for contracts for
construction, provision of professional services, purchase of equipment and supplies and
provision of other services required by City. Agency agrees to incorporate the City's
BDE Ordinance, and all amendments or successor policies or ordinances thereto, into all
contracts and subcontracts for procurement larger than $50,000.00 and will further
require all persons or entities with ��vhich it so contracts to co�nply with said ordinance.
14.14.2 It is national policy to award a fair share of cont�acts to disadvantaged
business enterprises ("DBEs"), small business enterprises ("SBEs"), minority business
enterprises ("MBEs"), and women's business enterprises ("WBEs"). Accordingly,
affirmative steps must be talcen to assure that DBEs, SBEs, MBEs, and WBEs are utilized
when possible as sources of supplies, equipment, construction and seivices.
14.15 Other Laws.
The faii�u•e to list any federal, state or City ordinance, law or regulation that is
applicable to Agency does not excuse or relieve Agency fi•om the requirements or
responsibilities in regai•d to following the law, nor from the consequences or penalties for
Agency's failure to follow the law, if applicable.
14.16 Assi�nment.
Agency shall not assign all or any part of its rights, privileges, or duties undet• tl�is
Contract without the prior written approval of Director. Any attempted assigninent of
same without approval shall be void, and shall constitute a breach of this Contract.
� 14.17. Ri�ht to Inspect Ageiicv Contracts.
It is agreed that City has the right to inspect and approve in writing any proposed
contracts between Agency and any contractot• engaged in any activity in conjunction with
this CDBG-funded Program prior to any charges being incurred.
14.18 Force Ma.jeure
If Agency becomes unable, eitller in whole or part, to fulfill its obligations under
this Conh�act due to acts of God, strikes, lockouts, or other industrial disturbances, acts of
public enenlies, wat•s, blocicades, iusurcections, riots, epidemics, earthquakes, fires,
floods, restraints or pt•ohibitions by any court, board, departmeilt, conimission or agency
of the United States or of any States, civi( disturbances, or explosions, or some other
reasoil beyond Agency's coiltrol (collectively, "Force Majeure Event"), the obligations so
affected by such Force Majeure Event will be suspended only during the continuance of
CDBG PSA CONTRACT 2013-2014 T�RRANT COUNTY HOUSING PARTNERSHIP; INC. 24
such event. Agency wi11 give City written notice of the eaistence, extent and nature of
the Force Majeure Eveut as soon as reasonably possible aftet• the occurrence of the event.
Failuc•e to give notice wi�l result in the continuance of Agency's obligation regardless of
the extent of any eYisting Force Majeure Event. Agency will use commercially
reasonable efforts to remedy its inability to perform as soon as possible.
15. INDEMNIFICATION AND RELEASE.
AGENCY COVENANTS AND AGREES TO INDEMNIFY, HOLD
HARMLESS AND DEFEND, AT ITS OWN EXPENSE, CITY AND ITS
OFFICERS, AGENTS, SERVANTS AND EMPLOYEES FROM AND AGAINST
ANY AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE
AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL
PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR
ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THE
EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE OR
NONPERFORMANCE OF THIS CONTRACT AND/OR THE OPERATIONS,
ACTIVITIES AND SERVICES OF THE PROGRAM DESCRIBED HEREIN,
WHETHER OR NOT CAUSED IN WHOLE OR IN PART, BY ALLEGED
NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES,
CONTRACTORS OR SUBCONTRACTORS OF CITY; AND AGENCY HEREBY
ASSUMES ALL LIABILITY AND RESPONSIBILITY OF CITY AND ITS
OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES FOR ANY AND ALL
CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR
PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF
WHATSOEVER KINDS OR CHARACTER, WHETHER REAL OR ASSERTED,
ARISING OUT OF OR IN CONNECTION WITH THE EXECUTION,
PERFORMANCE, ATTEMPTED PERFORMANCE OR NONPERFORMANCE
OF THIS CONTRACT AND/OR THE OPERATIONS, ACTIVITIES AND
SERVICES OF THE PROGRAM DESCRIBED HEREIN, WHETHER OR NOT
CAUSED IN WFIOLE OR IN PART BY ALLEGED NEGLIGENCE OF
OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS OR
SUBCONTRACTORS OF CITY. AGENCY LIKEWISE COVENANTS AND
AGREES TO AND DOES HEREBY INDEMNIFY AND HOLD HARMLESS
CITY FROM AND AGAINST ANY AND ALL INJURY, DAMAGE OR
DESTRUCTION OF PROPERTY OF CITY, ARISING OUT OF OR IN
CONNECTION WITH ALL ACTS OR OMISSIONS OF AGENCY, ITS
OFFICERS, MEMBERS, AGENTS, EMPLOYEES, CONTRACTORS,
SUBCONTRACTORS, INVITEES, LICENSEES, OR CLIENTS, OR CAU5ED, 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, BOTA 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
CDBG PSA CONTRACT 2013-2014 - TARRANT COUNTY HOUSING PARTNERSHIP; INC; 25
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
SUSSTANTIALLY 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
e�emption (statutoty or otherwise) from and against liability for damages or injuiy,
including death, to persons or pt•operty, 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 tnaintain coverage in the form of insurance or bond in the amount of
$124,935.00 to insure against loss fro�n the fraud, theft or dishonesty of any of Agency's
officers, agents, h�ustees, directors or einployees. The proceeds of such insurance or bond
shall be used to reimburse City for any and all loss of CDBG Funds occasioned by such
misconduct. To effectuate such reimbursement, such fidelity coverage shall include a
rider stating that reimburseinent for any loss or losses sllall name the City as a Loss
Payee.
Agency shall furnish to City in a timely manner, but not later than the Effective
Date, certificates of insurance as proof that it has secured and paid for policies of
con�mercial insurance as specified herein. If City has not received such cet•tificates by
the Effective Date, Agency shall be in default of the Contract and City may, at its option,
terminate the Contract.
Such insiu�ance shall cover all insurable risks incident to or in comlection with the
e�ecution, performance,_ atteznpted performance or nonperformance of this Contract.
Agency shall maintain, or i•equire its general contractor to maintain, tlle following
coverage and limits thereof:
CDBG PSA CONTRACT 2013-2014 - TARRANT COUNTY HOUSING PARTNERSHIP; ING 26
Commercial General Liabilit�� (CGL) Insurance
$500,000 each occurrence
$1,000,000 aggregate limit
Non-Profit Or�anization Liability or Directors & Ofticers Liability
$1,000,000 Each Occurrence
$1,000,000 Annual Aggregate Limit
Business Automobile Liabilitv Insurance
$1,000,000 each accident on a combined single-limit basis, or
$250,000 Property Damage
$SOO,OOO BOally Iri�UI'y per person per occurrence
$2,000,000 Aggregate
Insurance policy shall be endorsed to cover "Any Autd', defined as autos owned, hired, aud non-
owned. Pending availability of the above coverage and at the discretion of City, the polic,y
shall be the primary responding insurance policy veisus a personal auto insurance policy if
or when in the course of Agency's business as contracted herein.
Worlcet•s' Compensation Insurance
Part A: Statutory Limits
Part B: Employer's Liability
$100,000 each accident
$100,000 disease-each employee
$500,000 disease-policy limit
Note: Such insurance shall cover emplo��ees performing work on any and all projects
including but not limited to construction, demolition, and rehabilitation. Agency or its
contractors shall maintain coverages, if applicable. In the event tl�e respective contractors
do not maintain coverage, Agency shall maintain the coverage on such contractor, if
applicable, for each applicable contract.
Additional Requii-ements
Such insurance amounts shall be revised upward at City's reasonable option and no more
freguently than once evety 12 months, and Agency shall revise such amomits within 30
days following notice to Contractot• of such requirements.
Agency �vill submit to Cit�� documentation that it has obtained insurance coverage and
has executed bonds as required in this Contract prior to payment of an�� monies provided
hereunder.
Where applicable, insurance policies required herein shall be endorsed to include City as
an additional insured as its interest may appear. Additional insured parties shall inclt�de
employees, officers, agents, and volunteers of City.
CDBG PSA CONTRACT 2013-2014 - Tt1RRANT COUNTY HOUSING PARTNERSHIP, INC; 27
The Workers' Compensation Insurance policy shall be endorsed to include a waiver of
subrogation, also referced to as a waiver of rights of recovely, ii1 favor of City.
Any failure on part of City to request certificate(s) of insurance shall not be construed as
a waiver of such requirenlent or as a waiver of the insurance requireinents themselves.
Insurers of Agency's insurance policies shall be licensed to do business in the state of
Te�as by the Departtnent of Insurance or be otherwise eligible and authorized to do
business in the state of Texas. Insureis shall be acceptable to City insofar as their
financial sh•ength and solvency and each such company shall have a current minimum
A.M. Best Key Rating Guide rating of A-: VII or other equivalent insurance industry
standard rating otherwise approved by City.
Dedl�ctible limits on instu�ance policies shall not eXceed $5,000 per occurrence Lmless
otherwise approved by City.
In the event there are any local, federal or other regulatoiy 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 insut•ance coverages, limits,
and other requirements as those specified herein; and Agency shall require its contractors
to provide Agency with certificate(s) of insurance documenting such coverage. Also,
Agency shall require its contractors to have City and Agency endorsed as additional
insureds (as their interest may appear) on their respective insurance policies.
Directors and Officers Liability coverage shall be in force and may be provided on a
claims-made basis. This coverage may also be refert•ed to as Management Liability, and
shall protect the insured against claims arising out of alleged errors in judgment, breaches
of duty and wrongfi�l acts arising out of tl�eir organizational duties. Coverage shall
protect not only the entity, but all past, present and fiiture directors, officets, trustees,
employees, voltmteers and comtnittee members.
18. CERTIFICATION REGARDING LOBSYING.
The undersigiled representative of Agency hereby certifies, to the best of his or
her knowledge and belief, that:
No Federal appropriated fiuZds have been paid or will be paid, by or on behalf of
Agency, to any person for influencing or attempting to influence an of�cer or
employee of any agency, a menlber of Congress, an officer or employee of
Congress in connection with the awarding of any Federal contract, the making of
any Federal grant, the malcing of any Federal loan, the entering into of any
cooperative agreement and the eXtension, continuation, renewal, amendment, or
modification of any Federal conh•act, grant, loan or �ooperative agreement.
CDBG PSA CONTRACT 2013-2014 TARRANT COUNTY HOUSING PARTNERSHIP, iNC: 28
If any fi�nds other than federa(ly appropriated fiulds have been paid or will be paid
to any person for influencing or attempting to influence an officer or employee of
any agency, meniber of Congress in connection with this Federal contract, grant,
loan or cooperative agreement, Agency shall complete and submit Standard
Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its
instructions.
This certification is a material representation of fact upon which reliance was
placed when this Contract was made or entered into. Subinission of this
certificate is a prerequisite for making or entering into this Contract iinposed by
31 U.S.C. Section 1352. Any person who fails to file the required certi�cation
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 certiiication be included in all
subcontracts or agreements involving the expenditure of Federal fiinds.
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 tliis
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 undei• any bankruptcy or financial insolvency
provision of law.
20. NOTICE.
All notices required or permitted by this Co»tract must be in wi•iti�Ig and are
deemed delivered on the earlier date of the date actually received or the third day
following deposit iu a United States Postal Set•vice post office or receptacle; with proper
postage, certified mail rettun 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 Throckinorton Street
Fot•t 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
CDBG PSA CONTRACT 2013-2014 - TARRANT COUNTY HOUSING PARTNERSHIP; INC:: 29
Copy to:
Program Coordinator-Housing and Economic Development
1000 Throcicmorton Sh�eet
Fort Worth, TX 76102
Telephone: 817-392-6342
21. AGENCY HAS LEGAL AUTHORITY TO ENTER INTO CONTRACT.
Agency represents that it possesses the legal authority, pursuant to any proper,
appropriate and official motion, resolution ot� action passed or talcen, to enter into this
Contract and to perform the responsibilities herein required. �
22. COUNTERPARTS.
This Contract may be executed in multiple cotiinterparts, each of which shall be
considered an original, but all of which shall constitute one instrutnent which may be
sufficiently evidenced by one counteipart.
[SIGNATURES APPEAR ON NEXT PAGE]
CDBG PSA CONTRACT 2013-2014 TARRANT COUNTY HOUSING PARTNERSHIP; iNC. 30
��
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S WFIEREOF, the Parties hereto have executed 4 duplicate
this Contract in Fort Worth, Tai•rant County, TeYas.
,,
---+-- '
City Secretaiy! / f '
M&C: C-26369 �
Date: August 6, 2013
CITY OF FORT WORTH
B)': ��R�t� I�---
Fernando Costa, Assistant City Manager
APPR ED AS TO FO AND LEGALITY:
�
Assistant City Attorney
TARRANT
\ %
By:/_ /
Nar,�:-
�UNTY
USING
,t%y/
ti� �
TNERSHIP, INC.
Title:
�.. `.
,,
S
STATE OF TEXAS §
COUNTY OF TARRANT §
This instt•ument was acknowledged befoi•e me on �� �;l�?i"� , 2013 by
Fernando Costa, Assistant City Manager of the C�� f Fort Worth, or� behalf the City of
Fort Worth.
EVONIA DANIELS
Notary Public, State of Texas
My Commfssion Expires
July 10, 2017
otary Public, State of Texas
,
STATE OF TEXAS §
COUNTY OF TARRANT § '
Tliis i�Istrument was acla�owledgecJ,,before me on ,: ;,./' -� �� , 2013 by
f�;;�, ^��, ��ti��1�� [Name�], the f'�t t. �� �:�- �. �� � [Tit1e] of Tarrant Couuty Houslllg
Partnership, Inc., a Teaas nonprofit cotporation, on behalf of said coiporation.
y�`` -
FERNANDO ESPINOZA
Notery Public, State of Texas
My Commission Expirea
Aprll 18, 2016
. _. �, _�
Notai•y Public, State of TeYas
� , �.�
� ;
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f !, f: i
CDBG PSA CONTRACT 2013-2014 — TARRANT COUNTY HOUSING PARTNERSHIP
ExxlBiTs:
Exhibit "A" — Program Summary
Exhibit "A-1" — 2013 HUD Income Limits
Exhibit "A-2" — Environmental Mitigation Action
Exhibit "B" — Budget
Exhibit "C" — Audit CertiiFication Form
Exhibit "D" — Reimbursement Forms
Exhibit "E" — Form of Income Self-Certification
Exhibit "F" — Standards for Complete Documentation
Exhibit "G" — Section 3 Reporting Forms
Exhibit "H" — Severely Disabled Certification Form
CDBG PSA CONTRACT 2013-2014 - Tt1RRANT COUNT`Y HOUSING Pt�RTNERSHIP, INC.: 32
EXHIBITS:
Exhibit "A" — Program Summary
Exhibit "A-1" — 2013 HUD Income Limits
Exhibit "A-2" — Environmental Mitigation Action
Exhibit "B" — Budget
Exhibit "C" — Audit Certification Form
Exhibit "D" — Reimbursement Forms
Exhibit "E" — Form of Income Self-Certification
Exhibit "F" — Standards for Complete Documentation
Exhibit "G" — Section 3 Reporting Forms
Exhibit "H" — Severely Disabled Certification Form
CDBG PSA CONTRACT 2013-2014 - TARRANT COUNTY HOUSING PARTNERSHIP, INC. 32
Tarrant County Housing Partnership EXHIBIT A
Housing Counseling & Education PROGRAM SUMMARY
PROGRAM SUMMARY
Community Development Block Grant
(CDBG)
October 1, 2013 to September 30, 2014
PERIOD
$124,935.00
AMOUNT
PROGRAM:
The program will provide homeownership training in accordance with HUD requirements,
including in-depth one-on-one pre-purchase housing counseling, consisting of money
management including basic debt management, household budgeting, and consumer
education, as well as foreclosure prevention services to income eligible home buyers.
CDBG funds will be used to pay for salaries and fringe benefits and FICA for program
employees. CDBG funds will also be used to pay for a portion of program facility rent.
Tarrant County Housing Partnership's of�ce and program services will be available at
3204 Collinsworth St., Fort Worth, TX, 76107; 9:00 a.m. to 5:00 p.m. Monday through
Friday with occasional classes on weekday evenings and Saturday.
REGULATORY CLASSIFICATION:
IDIS Matrix Code(s) and Service Category: OSU Housing Counseling
National Objective Citation: LMC Low/Mod Limited Clientele 24 CFR 570.208(a)(2)
Regulatory Citation(s): 24 CFR 570.201(e)
Based on the nature of the service provided, Agency will maintain documentation that
verifies that 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).
' ` � li7�► (K�7� If.`A
Provide program services to approximately 400 Unduplicated Clients
EXHIBIT A- CDBG: TARRANT COUNTY HOUSING PARTNERSHIP
EX�IIBIT "A-1"
2013 HUD INCOME LIMITS
2013 Median Family Income — Fort Worth/Arlington, TX*
1 Person 2 Persons 3 Persons 4 Persons 5 Persons 6 Persons 7 Persons 8 Persons
30% AMI $13,850 $15,800 $17,800 $19,750 $21,350 $22,950 $24,500 $26,100
50% AMI $23,050 $26,350 $29,650 $32,900 $35,550 $38,200 $40,800 $43,450
80% AMI $36,900 $42,150 $47,400 $52,650 $56,900 $61,100 $65,300 $69,500
*Income limits are established and published at least annually by HUD.
EXHIBIT "A-2"
ENVIRONMENTAL MITIGATION ACTION
NONE REQUIRED
EXHIBIT B - BUDGET
FUNDING C: BANK DONORS
EXHIBIT B- CDBG: TARRANT COUNTY HOUSING PARTNERSHIP
FUNDING B: HOUSING PARTNERSHIP NETWORK
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 priar written consent of the City.
SALARY DETAIL
Position Name Rate Annual Hours Percent to Grant Amount to Grant
Education Mgr. 21.4 2080 55 24,481
Sr. Housing Advisor 19.67 2080 55 22,502
Housin Advisor 18.62 2080 55 21,301
Jr. Housin Advisor 13.16 2080 55 15,055
Vice President 38.46 2080 6.5 5,191
FRINGE DETAIL
Percent of Pa roll Amount Percent to Grant Amount to Grant
FICA 14,880 47 6,900
Life Insurance
Health Insurance
Unem lo ment
Workers Com ensation
Retirement
SUPPLIES AND SERVICES
Total Bud et Percent to Grant Amount to Grant
Offce Su lies
Office E ui ment Rental
Posta e
Printin
MISCELLANEOUS
Total Bud et Percent to Grant Amount to Grant
Contract Labar
Craft Su lies
Facility Fees
Field Tri Costs
Food Su lies
Teachin Aids
FACILITY AND UTILITIES
Total Bud et Percent to Grant Amount to Grant
Tele hone
Electric
Gas
Water and Wastewater
Solid Waste Dis osal
Rent 83,475 35% 29,505
Custodial Services
Re airs
Cleanin Su lies
EXHIBIT B- CDBG: TARRANT COUNTY HOUSING PARTNERSHIP 2
FINANCIAL AND INSURANCE
Total Bud et Percent to Grant Amount to Grant
Fideli Bond or E uivalent
General Commercial Liabili
Directors and Officers
Contract Accountin
DIRECT ASSISTANCE
Total Bud et Percent to Grant Amount to Grant
Childcare Scholarshi s
Short-Term Rent Assistance
Short Term Mortgage Assistance
Short Term Utilities Assistance
Tenant Based Rental Assistance
1�.1:11:111�: �17Zi3�lI:j77�►fItK�1�J►11�►`/:[�1�b91�[ti7�l:71[►1�1Z.�:11' 3
EXHIBIT "C"
Audit Certification Form
[See attached]
AUDIT CERTIFICATION FORM AND AUDIT REQUIREMENTS
Agency:
Fiscal Year Ending: September 30, 2014
❑ During the fiscal year in which funds will be received, we will exceed the federal expenditure
threshold of $500,000. We will have our Single Audit or Program Specific Audit completed and
will submit the A-133 audit report within seven (7) months after the end of the audited fiscal year
or thirty (30) days within its completion, whichever is the earlier date.
❑ During the fiscal year in which funds will be received, we will not exceed the $500,000 federal
expenditure threshold required for a Single Audit or a Program Specific Audit to be performed this
fiscal year. (Fill out schedule below)
Signatory and Title Date
Failure to submit this or a similar statement or failure to submit a completed single audit package as
described in the federally required audit requirements described in OMB Circulars A-133 by the
required due date may result in suspension of funding and may affect eligibility for future funding.
Notwithstanding the above, this certification acknowledges the agency's commitment to meet all
other �inancial reporting, financial statements, and other audit requirements as may be set forth
in the Contract.
Exhibit "D" - Reimbursement Forms
[See attached]
Attachment I
INVOICE
Agency:
Address:
City, State, Zip:
Program:
Period of Service:
Agency's C;ertitication: 1 certity 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 of�cial subject to the
Signature and Date:
Name:
Title:
Altachmen[ II
City of Fort \Vorth
Housing and Economic De��elopmen[ Depariment
E:pendiNre\Vorkshee[
Agrncy: Name
Progam: PraRram Yame
Please rou like account rodes.
Ac<ounl Cod
(See Key to
Line No. Check No. Dale Pa �ee Descri tion' Ri t Amoun�
1
2
3
4
5
6
7
8
9
]0
I
12
13
�a
�s
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
3l
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
'Payroll must idenlify employee. Rent must idenli(y lenanL Other payments should identify individual:
Hlghlighted are the onty relevant codee for this Pragram.
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Exhibit "E"
Form of Income Self-Certification
[See attached]
CERTIFICATION OF INCOME STATEMENT
Applicant Name:
Current Address:
Phone #:
**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 NAT`IVE ❑ ASIAN
❑ AMERICAN INDIAN/ALASKAN NATIVE & WHIT`E ❑ ASIAN & WHITE
❑ NATIVE HAWAIIAN/OTHER PACIFIC ISLANDER ❑ BALANCE/OTHER
❑ AMERICAN INDIAN/ALASKAN NATIVE & BLACK/AFRICAN AMERICAN
c. ETHNICITY d. DISABLED
❑ HISPANIC ❑ YES
❑ NON-HISPANIC ❑ NO
* TOTAL NUMBER OF HOUSEHOLD
MEMBERS
Total Anticipated Annual Household Income:
Certification:
(Include Yourself AND everyone who
lives in the house.)
I certify that the information I am providing is true and could be subject to veriiication at any time by a third
pariy. I also acknowledge that the provision of false information could leave me subject to the penalties of
Federal, State and local law.
WARNING: TITLE 1g� SECTION lOOl OF THE U.S. CODE STATES THAT A PERSON IS GUILTY OF A FELONY
FOR KNOWINGLY AND WILLINGLY MAHING FALSE OR FRAUDULENT STATEMENTS TO ANY DEPARTMENT OF
THE UNTTED STATES GOVERNMENT.
Signature of Applicant
I��
For use by funding agency:
Household Size:
Income Limit:
Person Making Determination: Date:
e. IS CLIENT WOMEN HEAD OF HOUSEHOLD
❑ YES
❑ NO
Annual Income:
Is Applicant Eligible:
Household Members and Income
CERTIFICACION DE DECLARACION DE INGRESOS
Nombre del Solicitante:
Domicilio Actual:
Numero de Telefono:
Miembros en el Ho ag r e In rg esos
**INFORMACION PERSONAL: (Seleccione uno en cada categoria. Informacion opcional para propositos de informacion Federal)
a. ❑ MASCULINO b. � CAUCt�SICO ❑ NEGRO/AFRICANO AMERICANO
❑ NEGRO/AFRICANO AMERICANO & CAUCASICO
❑ FEMININO ❑ INDIO AMERICANO/NATIVO DE ALASKA ❑ ASIATICO
❑ INDIO AMERICANO/NATIVO DE ALASKA & CAUCASICO ❑ ASIATICO & CAUCASICO
❑ NATIVO HAWAIANO/OTRO DE LAS ISLAS PACIFICAS ❑ BALANCE/OTRO
❑ INDIO AMERICANO / NATIVO DE ALASKA & NEGRO/AFRICANO AMERICANO
c. ETNICIDAD d. DISCAPACITADO e. �ES EL SOLICITANTE i7NA MiJ7ER Y CABECERA DEL HOGAR?
❑ HISPANO ❑ SI ❑ SI
❑ NO-HISPANO ❑ NO ❑ NO
* NtJMERO TOTAL DE MIEMBROS EN EL HOGAR
Ingreso total del hogar anual anticipado:
Certificacion:
(Incluye a si mismo y a todos los que viven en
la casa)
Certifico que la informacion que proporciono es verdad y podria ser susceptible a la comprobacion a cualquier
tiempo por terceros. Yo tambien reconozco que la provision de informacion falsa me podria dejar sujeto a las
penalidades Federales, Estatales y locales.
ADVERTENCIA: TITULO 18, SECCION 1001 DEL CODIGO DE EE.UU. QUE UNA PERSONA ES
CULPABLE DE UN DELITO POR SABER Y VOLUNTARIAMENTE HACER DECLARACIONE5
FALSAS O FRAUDULENTA5 A CUALQUIER DEPARTAMENTO DEL GOBIERNO
ESTADOUNIDENSE.
Firma del Solicitante
Fecha
Para el uso de la agencia financiando:
# De Miembros en el Hogar:
Limite de Ingreso:
Ingreso Anual:
�Es el solicitante elegible? :
Persona haciendo la determinacion: Fecha:
Exhibit "F" - Standards for Complete Documentation
[See attached]
2013-2014 Documentation Standards for
Public Service Contract Expenses
�o
C L C �
O
% � O �
3 E � o
O � i? C
m t ° a w
E o `a N '-
� a � L E
a� r v u m
u � t u A'a°
� o E o m S m E m
Budget Line Items c a v � �'f m � c Notes/Olher
Em loyee Salarles and Benefits
Salanes X X' If an employee works solely wilh Contract eligible Gients and solely on Contract eligible ilems, then lhe employee's enlire salary is eligible for
ieimbursemenL Twice in each calendar year, ihe dient must submit a written statemenl verifying lhal Ihe above conditions are slill lrue. The
slatement musl also be signed be a person aufhorized lo sign on behalf ot lhe agency.
If an employee works on a variety of programs, onvorks wilh a mirzture of Conlrect eligible dients and non-eligible dients, Ihen the City will only
reimburse for a reasonable portion ot lhe employee's salary. Each reimbursement requesl must indude not only fhe employee's limesheet, but also
a work log breaking out lhe employee's lime by project or acfivity. For employees paid with multiple tunding sources, timesheels musl re(lect all
lunding sources. If separate limesheels are kept for each tunding source, all such limesheets must be submitted to City.
9f employees are paid 6y direcl deposit ralher than check, lhen the agency must submit bolh lhe direcl deposit paymenl companys report (such as
an ADT repod) and a bank statement or check showing payment lo lhe direcl deposil company.
FICA/Medicare If the City pays gross salary, lhis is already included. If lhe City pays the emptoyer portion, lhen lhe employer must show a calcula6on and
documenlation of how the invoiced amount was calculated, and inGude documenfation showin a menl.
Li(e Insurance If lhe City pays gross salary, lhis is already included. If we pay lhe employer portbn, lhen the employer musl show a calculation and documentation
of how lhe invoiced amount was calculated, musl include an invoice irom the insurer, and musl include documentalion shovnng payment.
Health Insurance If the City pays gross salary, lhis is already included. If �ve pay the employer portion, then the employer must show a calculation and documentation
oi how lhe invoiced amount was calculated, must include an invoice fmm the insurer, and must indude documenlation showing payment.
Disability Insurance If lhe City pays gross salary, lhis is already included. If we pay the employer porlioq then the employer must show a calculation and documentalion
oi how the invoiced amounl was calculated, must include an invoice from Ihe insurer, and must include documentation sho�ving paymenl.
Unemployment If lhe City pays gross salary, lhis is already included. If we pay lhe employer portion, lhen the employer must show a calculation and documenlation
Insurence oT how lhe invoiced amount was calculated, and must include documentalion showin a ment.
Retirement Itwe pay gross salary, this is already included. If we pay the employer portioq lhen the employer musl show a calculation and documentation of how
the invoiced amount was calculated, must and include documentation showing payment. and prior lo lhe firsl reimbursement, musl include Ihe
ersonnel olic re ardin retiremenl beneTits.
Professlonal Services
Accounting X X X It an audit is required because fede2l funds exceed $500,000, lhen lhe cost should be split evenly by all tederal tunding sources.
Ex enses
Materials, E ui ment, Goods and Su Iles
OKce Su lies X X X
Office Equipment X X X
Renlal
Postage X X X The agency should maintain informalion regarding mailouls. If Lhe agency has a PiMey Bowes machine or like postage machine, the records of lhat
machine musl be on file. Likewise,'rf mail is categorized by payment source, then lhose recards must he on file. For large mailouts, Ihe agency
should kee a co of the letter and a lisl oi all addressees.
Prinlin X X X
ConsW clion & X X This category is only availa6le for REACH.
Buildin Malerials
Sport and X X X -
Recreation
E ui ment
Cleanin Su lies X X X
Teachin Aids X X X
CraftSu lies X X X
Food Su lies X X X
Travel and Field Tri s
Field Tnp X X In addilion to admission expenses, food expenses will also be allowed so long as the agency has a wriften policy stating Ihat food and drinks are
Admission mutine purchases on all field trips, notjust ConUact-funded field trips.
Ex enses
Rent, Util(tles and Maintenance - If the followin ex enses are aid for a facfli that is used for other ur oses besides tha Contract ro ram, then the bills must be
Tele hone X X
Gas X X
Waler/VJastewater X X
Eleclric X X
Solid Wasle X X -
Dis osal
Facilily X X X -
Mainlenance and
Re airs
Custodial Services X X Iiservices are rovided er a contract, a en vnll rovide contrecl instead of invoices.
Rent X X
Miscellaneous
CoNrect Labor X X X
Insurance Required X X -
Under lhe ConUacl
Childcare City requires lhal lhe agency submil its fee schedule, showing a breakout oi income levels, and for each level a breakoul oi lhe porlion oi the
Scholarships expense l0 6e paid 6y family and lhe portion lo be reimbursed by the City. This Tee schedule is required prior to the first paymenl. We also require
lhe income eligiblity of each household so thal we can determine iT we are being changed in confortnance with lhe tee schedule. If the fee schedule
changes al any lime during lhe confract year, lhe agency musl nolify City and provide a new schedule wilhin 30 days of lhe change.
'Proof of payment effective October 1, 2013: Payments or Expenses must he documented in lhe folbwing manner:
A) Image of lhe check AND bank slalement showing lhe check cleared the bank; OR,
B) Image of Ihe rancelled check (ex. Al end of bank stalemenl); OR,
C) Payroll'Advace° or Statement AND Bank Slalement indicating payroll; OR,
D) For wire or e-transfers: Reciept or statement irom payee/vendor OR bank statement.
EXHIBIT "G"
SECTION 3 REPORTING FORMS
EXHIBIT "G"
` Section 3 Summary Report
Economic Opportunities for
Low — and Very Low-Income Persons
Section back of page for Public Reporting Burden statement
U.S. Department of Housing
and Urban Development
O�ce of Fair Housing
And Equal Opportunity
OMB Approvai No: 2529-0043
(exp. 11/30/2010)
HUD Fieid Office:
1. Recipient Name & Address: (street, city, state, zip) 2. Federai Iden6ficatiorr. (grant no.) 3. Totai Amount of Award:
4. Contact Person 5. Phone: (Indude area code)
6. Length of Grant: 7. Reporting Period:
8. Date Report Submilted: 9, program Code: (Use separate sheet 10. Program Name:
for each program code)
Part I: Em lo ment and Trainin "' Columns B, C and F are mandato fields. Include New Hires in E&F
A 8 C D E F
Number of Number of New % of Aggregate Number % of Total Staff Hours Number of Section 3
Job Category New Hires Hires that are of Staff Hours of New Hires for Section 3 Employees Treinees
Sec. 3 Residents lhat are Sec. 3 Residenls and Trainees
Professionals
Technicians
Office/Clerical
Construction by Trade (List)
Trade
Trade
Trade
7'rade
Trade
Other List
Totai
' Program Codes 3= Pubiidlndian Housing 4= Homeless Assistance
1= Fiexible Subsidy A= Development, 5= HOME
2= Section 202/811 B= Operalion 6= HOME State Administered
C= Modemization 7= CDBG Enlillement
Page 1 of 2
8 = CDBG State Administered
9 = Other CD Programs
10 = Olher Housing Programs
form HUD 60002 (6/2001)
Ref 24 CFR 135
Part II: Contracts Awarded
Construction Contracts:
A. Total dollar amount of all contracts awarded on the project
B. Total dollar amount of contracts awarded to Section 3 businesses
C. Percentage of the total dollar amount that was awarded to Section 3 businesses
D. Total number of Section 3 businesses receiving contracts
2. Non-Construction Contracts:
A. Total dollar amount aIl non-construction contracts awarded on the projecbactivity
B. Total doliar amount of non-construction contracts awarded to Section 3 businesses
C. Percentage of the total doliar amount that was awarded to Section 3 businesses
D. Total number of Section 3 businesses receiving non-construction contracts
Part III: Summary
%
%
Indicate the efforts made to direct the employment and other economic opportunities generated by HUD financial assistance for housing
and community development programs, to the greatest extent feasible, toward Iow-and very low-income persons, particularly those who
are recipients of government assistance for housing. (Check all that apply.)
Attempted to recruit low-income residents through: local advertising media, signs prominently displayed at the project site,
contracts with the community organizations and public or private agencies operating within the metropolitan area (or
nonmetropolitan county) in which the Section 3 covered program or project is located, or similar methods.
Participated in a HUD program or other program which promotes the training or employment of Section 3 residents.
Participated in a HUD program or other program which promotes the award of contracts to business concerns which meet the
definition of Section 3 business concerns.
Coordinated with Youthbuild Programs administered in the metropolitan area in which the Section 3 covered project is Iocated.
Other; describe below.
Public reporting for this collection of information is estimated to average 2 hours per response, including the time for reviewing instructions,
searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information.
This agency may not collect this information, and you are not required to complete this form, unless it displays a currently valid OMB
number.
Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 u, mandates that the Department ensures that
employment and other economic opportunities generated by its housing and community development assistance programs are directed
toward Iow- and very-low income persons, particularly those who are recipients of government assistance housing. The reguiations are
found at 24 CFR Part 135. The information will be used by the Department to monitor program recipients' compliance with Section 3, to
assess the results of the DepartmenYs efforts to meet the statutory objectives of Section 3, to prepare reports to Congress, and by
recipients as self-monitoring tool. The data is entered into a database and will be analyzed and distributed. The collection of information
involves recipients receiving Federal financial assistance for housing and community development programs covered by Section 3. The
information will be collected annually to assist HUD in meeting its reporting requirements under Section 808(e)(6) of the Fair Housing Act
and Section 916 of the HCDA of 1992. An assurance of confidentiality is not applicable to this form. The Privacy Act of 1974 and OMB
Circular A-108 are not applicable. The reporting requirements do not contain sensitive questions. Data is cumulative; personal identifying
information is not included.
Page 2 of 2 fortn HUD 60002 (11/2010)
Ref 24 CFR 135
Form HUD-60002, Section 3 Summary Report, Economic Opportunities for Low- and Very Low-Income Persons.
Instructions: This form is to be used to report annual
accomplishments regarding empioyment and other economic
opportunities provided to low- and very low-income persons under
Section 3 of the Housing and Urban Development Act of 1968. The
Section 3 regulations apply to any public and lndian housing
programs that receive: (1) development assistance pursuant to
Section 5 of ihe U.S. Housing Act of 1937; (2) operating assistance
pursuant to Section 9 of the U.S. Housing Act of 1937; or (3)
modernization grants pursuant to Section 14 of the U.S. Housing Act
of 1937 and to recipients of housing and community development
assistance in excess of $200,000 expended for: (1) housing
rehabilitation (including reduction and abatement of lead-based paint
hazards); (2) housing construction; or (3) other public construction
projects; and to contracts and subcontracts in excess of $100,000
awarded in connection with the Section-3-covered activity.
Form HUD-60002 has three parts, which are to be completed for
all programs covered by Section 3. Part I relates to employment
and training. The recipient has the option to determine numerical
employment/training goals either on the basis of the number of hours
worked by �ew hires (columns B, D, E and F). Part II of the form
relates to contracting, and Part III summarizes recipients' efforts to
complywith Section 3.
Recipients or contractors subject to Section 3 requirements must
maintain appropriate documentation to establish that HUD financial
assistance for housing and community development programs were
directed toward low- and very low-income persons' A recipient of
Section 3 covered assistance shall submit one copy of this report to
HUD Headquarters, Office of Fair Housing and Equal Opportunity.
Where the program providing assistance requires an annual
performance report, this Section 3 report is to be submitted at the
same time the program performance report is submitted. Where an
annual performance report is not required, this Section 3 report is to be
submitted by January 10 a�d, if the project ends before December 31,
within 10 days of project compietion. Only Prime Recipients are
required fo report to HUD, The report must include
accomplishments of all recipients and their Section 3 covered
contractors and subcontractors.
HUD Field O�ce: Enter the Field Office name .
1. Recipient: Enter the name and address of the recipient
submitting this report.
2. Federal identification: Enter the number that appears on the
award form (with dashes). The award may be a grant,
cooperative agreement or contract.
3. Dollar Amount of Award: Enter the doilar amount, rounded to the
nearest dollar, received by the recipient.
4& 5. Contact Person/Phone: Enter the name and telephone number
of the person with knowledge of the award and the recipienYs
implementation of Section 3.
6. Reporting Period: Indicate the time period (months and year)
this report covers.
7. Date Report Submitted: Enter the appropriate date.
8. Program Code: Enter the appropriate program code as listed at
the bottom of the page.
9. Program Name: Enter the name of HUD Program corresponding
with the'Program Code" in number 8.
Part I: Employment and Training Opportunities
Column A: Contains various job categories. Professionals are
defined as people who have special knowiedge of an occupation (i.e.
supervisors, architects, surveyors, planners, and computer
programmers). For construction positions, Iist each trade and provide
data in columns B through F for each trade where persons were
employed. The category of "Oiher' includes occupations such as
service workers.
Column B: (Mandatory Field) Enter the number of new hires for
each category of workers identified in Column A in connection with
this award. New hire refers to a person who is not on the contractor's
or recipienPs payroll for employment at the time of selection for the
Section 3 covered award or at the time of receipt of Section 3 covered
assistance.
Coiumn C: (Mandatory Field) Enter the number of Section 3 new
hires for each category of workers identified in Column A in
connection with this award. Section 3 new hire refers to a Section 3
resident who is not on the contractor's or recipienPs payroll tor
employment at the time of selection for the Section 3 covered award or
at the time of receipt of Section 3 covered assistance.
Column D: Enter the percentage of ail the staff hours of new hires
(Section 3 residents) in connection with this award.
Coiumn E: Enter the percentage of the total staff hours worked for
Section 3 employees and trainees (including new hires) connected
with this award. Include staff hours for part-time and fuil-time
positions.
Column F: (Mandatory Field) Enter the number of Section 3
residents that were trained in conneciion with this award.
Part II: Contract Opportunities
Block 1: Construction Contracts
Item A: Enter the total dollar amount of all contracts awarded on the
projecUprogram.
Item B: Enter the total dollar amount of contracts connected with this
projecUprogram that were awarded to Section 3 businesses.
Item C: Enter the percentage of the total dollar amount of contracts
connected with this projecUprogram awarded to Section 3 businesses.
Item D: Enter the number of Section 3 businesses receiving awards.
Block 2: Non-Construction Contracts
item A: Enter the total dollar amount of ail contracts awarded on the
projecUprogram.
Item B: Enter the total dollar amount of contracts connected with ihis
project awarded to Section 3 businesses.
Item C: Enter the percentage of the total dollar amount of contracts
connected with this projecUprogram awarded to Section 3 businesses.
Item D: Enter the number of Section 3 businesses receiving awards.
Part III: Summary of Efforts — Seif -explanatory
Submit one (1) copy of this report to the HUD Headquarters O�ce of
Fair Housing and Equal Opportunity, at the same time the
performance report is submitted to the program office. The Section 3
report is submitted by January 10. Include only contracts executed
during the period specified in item 8. PHAs/IHAs are to report all
contracts/su bcontracts.
' The terms "low-income persons" and very low-income persons" have
the same meanings given the terms in section 3(b) (2) of the United
States Housing Act of 1937. Low-income persons mean families
(including single persons) whose incomes do not exceed 80 percent of
the median income for the area, as determined by the Secretary, with
adjustments for smaller and larger families, except ihat
Pagei
The Secretary may estabiish income ceilings higher or lower than 80 percent
of the median for the area on the basis of the Secretar�s findings such that
variations are necessary because of prevailing Ievels of construction costs
or unusualiy high- or low-income families. Very low-income persons mean
low-income families (including single persons) whose incomes do not
exceed 50 percent of the median family income area, as determined by the
Secretary with adjustments or smalier and larger families, except that the
Secretary may establish income ceilings higher or lower than 50 percent of
the median (or the area on the basis of the Secretarys findings that such
variations are necessary because of unusually high or low family incomes.
form HUD 60002 (11/2010)
Ref 24 CFR 135
EXHIBIT "H" — Severely Disabled Certification Form
[See attached]
[AGENCY]
CERTIFICATION FORM
DOCUMENTING CLIENT STATUS AS "SEVERELY DISABLED ADULT"
Client Name:
Address:
City, State, Zip
Client Identification No.
CHECK ALL THAT APPLY
�
n
�I
n
u
I�
Has used a wheelchair, a walker, cane , crutches or other special aid for six
months or longer
Has been diagnosed with one of the following conditions: Alzheimer's
disease, mental retardation or other developmental disability, senility or
dementia, cerebral palsy, or autism; or has another mental or emotional
condition that seriously interferes with everyday tasks.
Is unable to perform one or more of the following "Functional Activities":
seeing, hearing, speaking and having one's speech understood, lifting or
carrying, using stairs, grasping small objects, or walking.
Is unable to perform or needs assistance to perfortn one ar more of the
following Activities of Daily Living (ADL): getting around inside the home,
getting in or out of bed or a chair, bathing, dressing, eating, and toileting.
Is unable to perform or needs assistance to perform one or more of the
following Instrumental Activities of Daily Living (IADL): going outside the
home, keeping track of money and bills, preparing meals, doing light
housework, taking prescription medications in the right amount and at the right
time, and using the telephone.
Has a condition that prevents them from working at a job or doing housework.
The undersigned agency representative conducted a visual assessment of
identified on this form and certifies that the client meets a
indicated above, which determines that he/ she meets
disabled" according to the U.S. Census Bureau.
Certiiied by:
Signature/Title:
t least one of the
the definition of
Date:
the client
conditions
"severely
CFW HED: Revised as ofAugust 30, 2013
M&C Review
CITY COUNCIL AGENDA
DATE
Page 1 of 6
O�cial site of the City of Fort Worth, Texas
FoR� F�
COUNCIL ACTION: Approved on 8/6/2013 - Ordinance No. 20854-08-2013
CONTINUED FROM A PREVIOUS WEEK
7/23/2013 REFERENCE C-26369 LOG NAME: 17HUDACTPLANPY13-14
NO..
CODE: C TYPE:
NON- PUBLIC YES
CONSENT HEARING:
SUBJECT: Conduct Public Hearings and Approve the City's 2013-2018 Consolidated Plan and 2013-
2014 Action Plan for the Use of Federal Grant Funds in the Amount of $9,413,143.00
from the United States Department of Housing and Urban Development for Program Year
2013-2014 from the Community Development Block Grant, HOME Investment
Partnerships Program, Emergency Solutions Grant and Housing Opportunities for
Persons with AIDS Grant Programs, Authorize Collection and Use of Program Income,
Authorize Waiver of Application of Indirect Cost Rates, Authorize Execution of Related
Contracts and Interdepartmental Letters of Agreement and Adopt Appropriation
Ordinance (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council:
1. Conduct a public hearing to allow citizen input and consideration of the City's 2013-2018 Consolidated
Plan;
2. Approve the City's 2013-2018 Consolidated Plan for submission to the United States Department of
Housing and Urban Development;
3. Conduct a public hearing to allow citizen input and consideration of the City's 2013-2014 Action Plan for
use of federal grant funds from the United States Department of Housing and Urban Development in the
amount of $9,413,143.00 for Program Year 2013-2014 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;
4. Approve the City's 2013-2014 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;
5. Authorize the collection and use of an estimated amount of $50,000.00 of program income resulting
from activities using prior years' Community Development Block Grant funds for the programs and activities
detailed below;
6. Authorize the collection and use of an estimated amount of $250,000.00 of program income resulting
from activities using prior years' HOME Investment Partnerships Program funds for the City's Homebuyer
Assistance Program;
7. 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 2013-
2014 for Community Development Block Grant, Emergency Solutions Grant and Housing Opportunities for
Persons with AIDS grant funds, contingent upon receipt of funding;
8. Authorize the City Manager or his designee to extend the contracts and Interdepartmental Letters of
Agreement for up to one year if an agency or department requests an extension and such extension is
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necessary for completion of the program;
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9. 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;
10. Authorize a waiver for indirect cost rates as applicable for the Grants Fund, in accordance with the
City's Administrative Regulations; and
11. Adopt the attached appropriation ordinance increasing the estimated receipts and appropriations to the
Grants Fund in the total amount of $9,413,143.00 (the amount of $6,079,622.00 in Community
Development Block Grant funds, the amount of $1,996,541.00 in HOME Investment Partnerships Program
funds, the amount of $425,325.00 in Emergency Solutions Grant funds and the amount of $911,655.00 in
Housing Opportunities for Persons with AIDS Grant funds) plus any program income, all subject to receipt
of such funds.
DISCUSSION:
The City receives an annual allocation of federal grant funds from the United States Department of
Housing and Urban Development (HUD) for the Community Development Block Grant (CDBG), HOME
Investment Partnerships Program (HOME), Emergency Solutions Grant (ESG) and Housing Opportunities
for People with AIDS (HOPWA) grant programs. In order to continue to receive these funds, the City must
submit a Consolidated Plan (ConPlan) every three to five years and an Annual Action Plan. The 2013-
2018
ConPlan summarizes housing and community development needs, particularly those of low-income
persons or households and provides the goals, objectives and strategies to address HUD's goals for
decent housing, suitable living environment and expanded economic opportunities. The ConPlan will cover
the period from October 1, 2013 to September 30, 2018.
The ConPlan consists of two parts: (i) the five year Strategic Plan (October 1, 2013 to September 30,
2018) and (ii) the Annual Action Plan, which includes housing and community development activities and
proposed expenditures for the upcoming Program Year. The plan for the first year of the ConPlan is listed
below.
The City's Annual Action Plan is a comprehensive summary of the major housing and community
development activities, programs and proposed expenditures for the use of $9,413,143.00 of federal grant
funds from HUD from CDBG, HOME, ESG and HOPWA grant programs for the Program Year beginning
October 1, 2013 and ending September 30, 2014. 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 notice was published in the Fort Worth Star-Telegram on June 21, 2013 regarding the 30-day public
comment period for the City's proposed ConPlan and Annual Action Plan. The public comment period was
held from June 23, 2013 to July 23, 2013. Any comments will be maintained by the Housing and Economic
Development Department, in accordance with federal regulations. These public hearings on the City's
ConPlan and Action Plan will be the first public hearings for the HUD-required citizen participation
process. The second public hearings will be held August 6, 2013 at which time the City Council is
scheduled to approve the ConPlan and the Action Plan. The ConPlan and Action Plan must be submitted
to HUD by August 16, 2013.
In addition, public hearings were held on June 20, 2013 at 10:00 a.m. and 6:00 p.m. for citizens to provide
comment on the proposed list of neighborhood streets eligible for reconstruction using CDBG funds. 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 list of
the streets is attached and will be included in the Action Plan.
Staff developed recommendations for the allocation of the estimated funding from HUD and presented
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them to the Community Development Council (CDC) on May 22, 2013 and to the Housing and Economic
Development Committee on June 4, 2013. 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.
For Program Year 2013-2014, it is recommended that the amount of $6,079,622.00 in CDBG funds and the
estimated amount of $50,000.00 of CDBG program income be allocated as follows:
Public Services - $911,943.00
This item includes social services for low to moderate income, disabled and disadvantaged
populations.
Housing Programs and Services - $2,149,193.50
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.
Demolition and Infrastructure Services - $1,066,211.30
This item includes funding for neighborhood streets reconstruction and demolition of residential
structures to eliminate slum and blight in City neighborhoods.
CDBG Economic Development - $736,349.80
This item is the City's annual payment on its Section 108 loan from HUD.
CDBG Estimated Program Income - $50,000.00
The CDC recommended allocating any CDBG program income for the demolition of residential
structures to eliminate slum and blight in City neighborhoods.
CDBG General Administration - $1,215,924.40
This item includes costs for administering the CDBG grant including allocations for Financial
Management Services, Internal Audit and Planning and Development Departments.
For Program Year 2013-2014, it is recommended that the amount of $1,996,541.00 in HOME funds and
the estimated amount of $250,000.00 of HOME program income to be allocated as follows:
Homebuyer Assistance Program - $1,097,405.75
This item includes funding to provide down payment and/or closing cost assistance to low and
moderate income homebuyers.
Community Development Housing Organizations (CHDO) Set Aside -$299,481.15
HUD requires that a minimum of 15 percent of HOME funds be allocated to CHDOs for affordable
housing projects and CHDO administrative operating costs. These funds will be used for the
Hillside Morningside Single Family Infill Project by the Tarrant County Housing Partnership CHDO.
Multi-family Development - $400,000.00
Funding will be used for the Angle Apartments Development (Development). The Development will
result in approximately 306 units and 680 on-site parking spaces. This Development will address a
need for quality affordable housing by providing 100 percent income restricted units to Fort Worth
families at or below 80 percent of Area Median Income. The approximate address will be 3900 Angle
Avenue, Fort Worth, Texas 76106, Council District 2.
HOME General Administration - $199,654.10
This item includes costs for administering the HOME grant.
Staff anticipates the receipt of program income in the 2013-2014 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 Administration.
For Program Year 2013-2014, it is recommended that the amount of $911,655.00 in HOPWA funds be
allocated as follows:
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Non-Profit Service Providers - $884,305.35
HOPWA Program Administration - $27,349.65
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For Program Year 2013-2014, it is recommended that the amount of $425,325.00 in ESG funds be
allocated as follows:
Non-Profit Service Providers - $393,425.62
ESG Program Administration - $31,899.38
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 A encies
Or anization Pro ram Amount
Cenikor Foundation Substance Abuse
Treatment $ 82,075.00
Childcare Associates Childcare Associates $ 35,335.00
Clayton Child Care. Inc. d/b/a Clayton Out of School Time
YES! $ 82,326.00
Counseling/Shelter
Day Resource Center for the Homeless Based Case
Mana ement $ 43,908.00
Girls Inc. of Tarrant County Girls Inc. Northside Fort
Wo�h $ 82,075.00
Lena Pope Home, Inc. Second Opportunity for
Success $ 82,326.00
Meals on Wheels, Inc. of Tarrant County
Home-Delivered Meals
$ 82,326.00
Senior Citizens of Greater Tarrant Connecting Seniors to
Count Communit $ 81,824.00
Tarrant County Housing Partnership Housing Counseling and
Education $ 124,935.00
The Ladder Alliance Com uter Skills Trainin $ 100,235.00
he Salvation Army, a Georgia S.T.A.R.T
Cor oration $ 43,908.00
YMCA of Metropolitan of Fort Worth Early Childhood
Education $ 35,335.00
YWCA Fort Worth & Tarrant County Child Development
Pro ram $ 35.335.00
CDBG Public Service Subtotal $911,943.00
*REACH Resource Center on Project Ramp
Inde endent Livin $ 75.000.00
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TOTAL CDBG Contracts
will be funded from the CDBG
Programs budget.
Housing O�portunities For Persons With AIDS:
� $ 986,943.00 �
Table 2- HOPWA A encies
Or anization Pro ram Amount
Tarrant County Samaritan Housing, Inc. Administration (three percent) and
Supportive Services
$ 261,611.35
AIDS Outreach Center, Inc. Administration (three percent),
Supportive Services, Tenant Based
Rental Assistance (TBRA), and Short
Term Rent Mortgage and Utility
Assistance (STRMU)
$ 622,694.00
TOTAL HOPWA Contracts $ 884,305.35
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 017206650XXX $6,079,622.00
GR76 5XXXXX 017206650XXX �6,079,622.00
GR76 451727 017206653XXX
GR76 5XXX)CX 017206653XXX
GR76 451727 017206654XXX
GR76 5XXX)CX 017206654XXX
GR76 451685. 017206650XXX
GR76 5XXXXX 017206650XXX
�425.325.00
$425.325.00
�911,655.00
$911.655.00
$50.000.00
$50.000.00
FROM Fund/Account/Centers
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Emergency Solutions Grant:
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GR76 451685 0172060651XXX
GR76 5XXX>CX 017206651XXX
GR76 451727 017206651XXX
GR76 5XXXXX
017206651XXX
$250,000.00
$250,000.00
�,996,541.00
$1.996, 541.00
Submitted for City Manager's Office bv: Fernando Costa (6122)
Originating Department Head:
Additional Information Contact:
Cynthia Garcia (8187)
Page 6 of 6
Robert Sturns (8003)
Leticia Rodriguez (7319)
ATTACHMENTS
17HUDACTPLANPY13-14 A013 VG_(1).doc
2013-18ConPlanMemo HED6.4.13CG�df
ActionPlan 2013-14 funding recommendations pdf
List of Selected Street for Action Plan 2013.�df
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