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STATE OF TEXAS §
§
COUNTY OF TARI2ANT §
This contract ("Contract") is made and entered into by and between the City of
Fort Worth (hereafter "City") and Senior Citizens Services of Greater Tarrant County
(hereafter "Agency"), a Texas nonprofit corporation. City and Agency may be refei7•ed to
individually as a"Party" and jointly as "the Parties".
The Parties state as follows:
WHEREAS, City receives grant monies from the United States Department of
Housing and Urban Development ("HLTD") through the Community Development Block
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 with 24 CFR Part 570.200 (a)(2); ;
WHEREAS, Agency submitted a proposa] to use CDBG funds for an eligible
program under the CDBG Regulations whereby Agency will provide services to low and
moderate income City citizens;
WHEREAS, City citizens, the Community Development Council, and the City
Council have determined that CDBG programs are needed by the City's citizens;
NOW, THEREFORE, the Parties understand and agree as follows:
1. INCORPORATION OF RECITALS.
City and Agency hereby agree that the recitals set forth above are true and correct
and form the basis upon which the Parties have entered into this Contract.
2. DEFINITIONS.
In addition to terms defined in the body of this Contract, the terms set forth below
shall have the definitions ascribed to them as follows:
Area Median Income or AMI means the median family income for the Fort Worth-
Arlington inetropolitan statistical area as established annually by HLTD. The 2013 income
limits are attached hereto as Exhibit "A-1" — 2013 HUD Income Limits.
Business Diversity Enterprise Ordinance or BDE means the City's Business Diversity
Ordinance, Ordinance No. 20020-12-20ll.
CDBG means Community Development Block Grant.
CDBG PSA CONTRACT 2013-2014 - SENIOR CIT1zENS SERVICES
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Complete Documentation means the following documentation as applicable:
� Attachments I, II, and III, with supporting documentation 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 Documentation sufficient to
show that clients participating in the Program are CDBG Eligible
Clients; or (ii) documentation other than Source Documentation to
show that clients served by the Program are CDBG Eligible
Clients.
• Complete Documentation shall meet the standards described in the
attached Exhibit "F" - Standards for Complete Documentation.
• Any other document or record reasonably necessary to verify costs spent
and client eligibility for the Program.
CDBG 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 ar the form in Exhibit "E" - Form of Income Self-Certi�cation.
Agencies Serving 100% Clientele must follow the requirements set forth in Section 6.1.3.
CDBG Funds means the CDBG grant funds supplied by City to Agency under the terms
of this Contract.
CDBG Regulations means regulations found at 24 CFR Part 570 et seq.
DBE means disadvantaged business enterprise.
Director means the Director of the City's Housing and Economic Development
Department.
Effective Date means October 1, 2013.
HED Department means the City's Housing and Economic Development Department.
HUD means the United States Department of Housing and Urban Development.
CDBG PSA CONTRACT 2013-2014 - SENIOR CITIZENS SERVICES OF GREATER TARRANT COI.7NTY 2
IDIS means HUD's Integrated Disbursement Information 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 determining the number of Unduplicated Clients.
3. TERM.
The term of this Contract begins on October 1, 2013 and terminates on September
30, 2014 unless earlier terminated as provided in this Contract.
4. DUTIES AND RESPONSIBILITIES OF CITY.
4.1 Provide CDBG Funds.
City shall provide up to EIGHTY-ONE THOUSAND EIGHT HUNDRED
TWENTY-FOUR and 00/100 Dollars ($81,824.00) of CDBG Funds on a reimbursement
of expenses basis, under the terms and conditions herein.
4.2 Monitor.
City will monitor the activities and performance of Agency and any of its
contractors, subcontractors or vendors as necessary, but no ]ess than annually.
5. DUTIES AND RESPONSIBILITIES OF AGENCY.
5.1 Required Services.
Agency shall perform the services described in Exhibit "A" — Program
Summary in accordance with the terms and conditions of this Contract.
5.2 Use of CDBG Funds.
5.2.1. Compliance with CDBG Regulations and Contract.
Agency shall be reimbursed for eligible Program costs with CDBG Funds only if
City determines in its sole discretion that:
CDBG PSA CONTRACT 20l 3-2014 - SENIOR CITIZENS SERVICES OF GREATER TARRANT COUNTY 3
5.2.1.1 Costs are eligible expenditures in accordance with CDBG
Regulations.
5.2.1.2 Costs are in compliance with this Contract and are reasonable
and consistent with industry norms.
5.2.1.3 Complete Documentation is submitted to City by Agency.
5.2.2 BudEet•
Agency agrees that CDBG Funds will be paid on a reimbursement basis in
accordance with Exhibit "B" - Budget. During the term of this Contract, Agency may
submit written requests to increase or decrease ]ine-item amounts in the Budget,
including an explanation of why such increases or decreases are necessary. All such
requests must be approved by the Director in writing, with such approval being in the
Director's sole discretion. If Director approves the Agency's proposed Budget
amendment (as approved, the "Amended Budget"), then the Amended Budget will take
effect on the first day of the month following the month in which it was approved by
Director, unless otherwise specified in the amendment. All requests for Budget
amendments must be submitted by August 15, 2014.
5.2.3 Change in Pro�ram Budget.
5.2.3.1 Agency will notify City promptly of any additional funds it
receives for operation of the Program, and City reserves the
right to amend this Contract in such instances to ensure
compliance with HUD regulations governing cost allocation.
5.2.3.2 Agency agrees to utilize funds available under this Contract to
supplement rather than supplant funds otherwise available for
use in the Program.
5.2.4 Payment of CDBG Funds to Agencv.
CDBG Funds will be disbursed to Agency upon Cit��'s approval of Agency's
written and signed Reimbursement Requests including submission of Complete
Documentation to City in compliance with Section 9. If Agency expends all funds
budgeted for the Program prior to September 20, 2014, City may hold back a small
amount of the CDBG Funds until the end of the term. During this interim period, Agency
must continue to submit Reimbursement Requests with an invoiced amount of $0. It is
expressly agreed by the Parties that any CDBG Funds either not spent or not approved for
reimbursement to Agency shall remain with City.
CDBG PSA CONTRACT 2013-2014 - SENIOR CITIZENS SERVICES OF GREATER TARRANT COUNTY 4
� 5.3 Pro�ram Performance Milestones.
Agency warrants that the Program will achieve the following milestones:
Failure of Agency to meet these milestones or a material deviation from them as
outlined in this Section 5.3 is a breach of this Contract. For the purpose of this Section,
"material deviation" shall mean more than 10% lower than the specified goal. In the
event of such breach, City reserves the right at its sole option to delay or withhold
payment of Reimbursement Requests, to lower Agency's allocation of CDBG Funds, or
to terminate this Contract.
5.4 Identifv Program Expenses Paid with CDBG Funds.
Agency will keep accounts and records in such a manner that City may readily
identify and account for Program expenses reimbursed with CDBG Funds. These
records shall be made available to City for audit purposes and shall be retained as
required hereunder.
5.5 Meet National Obiective.
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 Eligibility.
Agency will document the eligibility of all prospective clients. Agency will
document client efigibility using the speciiic method described below in Section
6.1.1.4. All other subsections of this Section 6.1 are not applicable to Agency under
this Contract.
6.1.1 A�encies Servin� a Presumed Bene�t Clientele.
Agency must document that all clients served fall under a"presumed benefit"
category as defined in 24 CFR 570. Relevant categories of presumed benefit are:
severely disabled adults, homeless persons, abused or neglected children and youth or
elderly persons. Eligible forms of documentation include:
6.1.1.1 Severely Disabled Adults. Agency form, approved by the
City, filled out by Agency staff or the CDBG Client indicating
client meets the Census definition of "severely disabled." As
an acceptable alternative, Agency may use the form attached
CDBG PSA CONTRACT 2013-2014 - SEN10R CTTIZENS SERVICES OF GREATER TARRANT COUNTY S
hereto as Exhibit "H" — Severely Disabled Certification
Form.
6.1.1.2 Homeless Persons. Written, signed and dated certification
from an outreach worker.
6.1.1.3 Abused or Neglected Children and Youth. Written, signed
and dated certification from an outreach worker.
6.1.1.4 Elderly Persons. A birth certificate, driver's license, passport,
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 that 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 indicating why the formal
forms of verification were not available. An elderly peison is
defined as being at least 62 years of age.
6.1.2 A�encies Serving a General Clientele.
Agency must verify all new clients' income eligibility with either Source
Documentation or the form attached as Exhibit "E" — Form of 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 HtJD Income
Guidelines. All clients' income must be documented, but only 51 % of clients must meet
income eligibility requirements described in 24 CFR 5.609.
6.1.3 Agencies Ser��ing 100% Clientele.
Agency must verify income eligibility of all Unduplicated Clients with Source
Documentation. Source Documentation must be collected and maintained in Agency
files even if Agency reports income eligibility using the form attached as Exhibit "E" —
Form of Income Self Certification.
6.2 Submission of Comnlete 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 for the first time, and must maintain copies of such
documentation as required under this Contract.
7. Additional CDBG Reauirements.
Agency agrees to comply with all requirements of the CDBG Program as stated in
the CDBG Regulations, including but not limited to the following:
7.1 Environmental Review.
CDBG PSA CONTRACT 2013-2014 - SEN10R CITIZENS SERVIGES OF GREATER TARRANT COUNTY O
CDBG Funds will not be paid, and costs cannot be incurred until City has
conducted and completed` an environmental review as required by 24 CFR Part 58. The
environmental review may result in a decision to proceed with, modify, or cancel the
funding for the Program. Further, Agency will not undertake or commit any funds to
physical or choice limiting actions as described in any applicable Federal regulations.
Any violation of this provision will (i) cause this Contract to terminate immediately; and
(ii) require Agency to repay to City the CBDG Funds it has already received and forfeit
any future payments of CDBG Funds.
7. ] .2 Environmental Miti�ation.
If applicable, Agency must take the mitigation actions outlined in Exhibit "A-2"
— Environmental Mitigation Actions. 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
acknowledge that this Contract does not constitute a commitment of funds, and that such
commitment of funds or approval may occur only upon (i) satisfactory completion of
environmental review and receipt by City of an authorization to use grant funds from
HUD under 24 CFR Part 58, (ii) approval of City's 2013-2014 Action Plan, and (iii)
receipt by City of grant agreement from HUD.
7.3 Monitorin�.
7.3.1 Agency understands and agrees that City will monitor the adequacy and
timeliness of Agency's performance under the terms of this Contract as well as its
compliance with the CDBG Regulations. Agency is subject to such monitoring during
the term 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 during 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 offcers,
directors, agents, employees, contractors, subcontractors and vendors for the purpose of
such monitoring.
7.3.3 In addition to other provisions of this Contract regarding frequency of
monitoring, City reserves the right to perform desk reviews or on-site monitoring of
Agency's compliance with the terms and conditions of this Contract. After each
monitoring visit, City shall provide Agency with a written report of the monitor's
findings. If the monitoring report notes deiiciencies in Agency's performance, the report
shall include reguirements for the timely correction of said deficiencies by Agency.
Failure by Agency to take the action specified in the monitoring report may be cause for
suspension or termination of this Contract as provided herein.
CDBG PSA CONTRACT 2013-2014 - SENIOR CITIZENS SERVICES OF GREATER TARRANT COUNTY %
7.3.4 Agency agrees to likewise monitor the effectiveness of the services and
work to be performed by its contractors, subcontractors and vendors.
7.3.5 This Section 7.3 shall survive the earlier termination or expiration of this
Contract.
7.4 A�encv Procurement Standards.
Agency shall comply with all applicable federal, state and local laws, regulations,
and ordinances for making procurements under this Contract. Agency shall establish
procurement procedures to ensure that materials and services are obtained in a cost
effective manner. When procuring services to be provided under this Contract, Agency
shall comply at a minimum with the procurement standards at 24 CFR Part 84.40 through
24 CFR Part 84.48.
7.5 Cost Princinles/Cost Reasonableness.
Agency shall administer its use of CDBG Funds in compliance with OMB
Circular A-122, "Cost Principles for Non-Profit Organizations", as amended from time to
time. The allowability of costs incurred for performance rendered shall be determined in
accordance with OMB Circular A-122 as supplemented by the provisions of this
Contract.
7.6 Accountin� Standards.
Agency agrees to comply with OMB Circular A-110, "Uniform Administrative
Requirements for Grants and Agreements with Institutions of Higher Education,
Hospitals and other Non-Profit Organizations", and agrees to adhere to the accounting
principles and procedures required therein, utilize adequate internal controls, and
maintain necessary supporting and back-up documentation for all costs incurred.
7.7 Uniform Administrative Requirements.
Agency will comply with the Uniform Administrative Requirements set forth in
24 CFR Part 57.502 or any reasonably equivalent procedures and requirements that City
may require.
7.8 Terms Apnlicable to Contractors, Subcontractors and Vendors.
Agency understands and agrees that all terms of this Contract, whether regulatory
or otherwise, shall apply to any and all contractors, subcontractors and vendors of
Agency which are in any way paid with CDBG Funds or who perform any work in
connection with the Program. Agency shall cause all applicable provisions of this
Contract to be included in and made a part of any contract or subcontract executed in the
performance of its obligations hereunder including its obligations regarding the CDBG
Regulations. Agency shall monitor the services and work perfoimed by its contractors,
subcontractors and vendors on a regular basis for compliance with the CDBG
Regulations and Contract provisions. Agency must cure all violations of the CDBG
Regulations committed by its contractors, subcontractors or vendors. City maintains the
right to insist on Agency's full compliance with the terms of this Contract and the CDBG
Regulations and Agency is responsible for such compliance regardless of whether actions
CDBG PSA CONTRACT 2013-2014 - SENIOR CITIZENS SERVICES OF GREATER TARRANT COUNTY $
taken to fulfll the requirements of this Contract are taken by Agency or by Agency's
contractors, subcontractors or vendors. Agency acknowledges that the provisions of this
Section shall survive the earlier termination or expiration of this Contract.
7.9 Copvri�ht and Patent Rights.
No reports, maps, or other documents produced in whole or in part under this
Contract shal] be the subject of an application for copyright by or on behalf of Agency.
I�UD and City shall possess all rights to invention or discoveiy, 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 Keeuing.
Agency shall maintain a record-keeping system as part of its performance of this
Contract and shall promptly provide City with copies of any document City deems
necessary for the effective fulfillment of City's monitoring and evaluation
responsibilities. Specifically, Agency will keep or cause to be kept an accurate record of
all actions taken and all funds spent, with supporting and back-up documentation.
Agency will maintain all records and documentation related to this Contract for 5 years
after the Contract term ends. If any claim, litigation, or audit is initiated before the
expiration of the 5 year period, the relevant records and documentation must be retained
until all such claims, litigation or audits have been resolved. For purposes of this
Contract, this 5 year period for record retention is deemed to begin on October 1, 2014
and end on September 30, 2019 regardless of whether or not this Contract is earlier
terminated.
8.2 Access to Records.
City and any duly authorized officials of the Federal government will have full
access to, and the right to examine, audit, copy, excerpt and/or transcribe any of
Agency's records pertaining to all matters covered by this Contract for 5 years after the
Contract term ends. Such access shall be during regular business hours and upon at least
48 hours prior notice. For purposes of this Contract, this 5 year period for access to
records is deemed to begin on October 1, 2014 and end on September 30, 2019 regardless
of whether or not this Contract is earlier terminated.
8.3 Renorts.
Agency will submit to City all reports and documentation described in this
Contract in such form as City may prescribe. Agency may also be required to submit a
final performance and/or final financial report if required by City at the termination of
this Contract in such form and within such times as City may prescribe. Failure to submit
to City any report or documentation described in this Contract shall be an event of default
of this Contract and City may exercise all of its remedies for default under this Contract.
8.4 Change in Renorting Requirements and Forms.
City retains the right to change reporting requirements and forms at its discretion.
City will notify Agency in writing at least 15 days prior to the effective date of such
CDBG PSA CONTRACT 2013-2014 - SEN10R CITIZENS SERVICES OF GREATER TARRANT COUNTY 9
change, and the Parties shall execute an amendment to the Contract reflecting such
change if necessary.
8.5 Audit.
8.5.1 Entities that Expend $500,000 or more in Federal Funds Per Year.
All non-federal entities that expend $500,000 or more in Federal funds within one
year, regardless of the source of the Federal award, must submit to City an annual audit
prepared in accordance with specific reference to OMB Circular A-133. The audit shall
cover the Agency's �scal years during which this Contract is in force. The audit must be
prepared by an independent certified public accountant, be completed within 6 months
following the end of the period being audited and be submitted to City within 30 days of
its completion. Agency's audit certification is attached hereto as Exhibit "C" —"Audit
Certification Form" and "Audit Requirements". The Audit Certification Form must
be submitted to City prior to or with the first Reimbursement Request. Entities that
expend less than $500,000 a year in Federal funds are exempt from Federal audit
requirements for that year, but records must be available for review or audit by
appropriate officials of the Federal agency, City, and General Accounting Office.
8.5.2 Citv Reserves the Right to Audit.
City reserves the right to perform an audit of Agency's Program operations and
finances at any time during the term of this Contract and for 5 years after the Contract
Term ends if City determines that such audit is necessary for City's compliance with the
CDBG Regulations or other City policies. Agency agrees to allow access to all pertinent
materials as described herein for such audit. For purposes of this Contract, this 5 year
period for City audit is deemed to begin on October l, 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 expenditure, such questions must be resolved within 15 business
days after notice to Agency of such 9uestioned practice or expenditure. If questions are
not resolved within this period, City reserves the right to withhold further funding under
this Contract and/or any future contracts with Agency. IF AS A RESULT OF ANY
AUDIT IT IS DETERMINED TAAT 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 Submitting Reimbursement Requests.
Each Reimbursement Request shall be received by the City on or before the 15th
day of the month following the month expenses were paid by Agency. For example, the
Reimbursement Request for June expenses must be received by July 15. In the event the
15th falls on a weekend or City holiday, Reimbursement Requests shall be due the next
day that the City is open for business. Failure to submit a Reimbursement Request in a
timely fashion will result in City taking the actions outlined in Section 10.1.
CDBG PSA CON'TRACT 2013-2014 - SENIOR CITIZENS SERVICES OF GREATER TARRANT COUNTY 1 O
NOTWITHSTANDING ANYTHING ABOVE, EXPENSES FOR SEPTEMBER
2014 MUST BE RECEIVED BY SEPTEMBER 20, 2014. FAILURE
A FINAL REIMBURSEMENT REQUEST BY SEPTEMBER 20,
RESULT IN AUTOMATIC FORFEITURE OF PAYMENT
SEPTEMBER REIMBURSEMENT REQUEST.
TO SUBMIT
2014 WILL
OF THE
9.2 Agency shall provide City Wlt}] Complete Documentation and
following reports as shown in Exhibit "D" —Reimbursement Forms with
Reimbursement Request:
the
each
9.2.1 Attachment I — Invoice.
This report shall contain the amount requested for reimbursement each month, the
cumulative reimbursement requested to date (inclusive of that month's request), and must
be signed by an authorized signatory of Agency. By signing Attachment I, Agency is
certifying that the costs are valid, eligible, consistent with the terms and conditions of this
Contract, and the data contained in the report is true and correct. This report must be
submitted even if Agency is requesting $0 for a particular month.
9.2.2 Attachment II — Exnenditure Worksheet.
This report shall itemize each expense requested for reimbursement by Agency
and shall include the Account corresponding the expense to a Budget line item in
Attachment II. In order for this report to be complete the following must be submitted:
9.2.2.1 For payroll expenses, timesheets signed by employees and
approved by supervisor for all payroll expenses listed.
Timesheets must distinguish between CDBG-funded time and
non-CDBG funded time and reflect actual time spent on
CDBG-funded activities.
9.2.2.2 For non-payroll expenses, invoices for each expense listed with
an explanation as to how the invoiced expense pertains to the
Program.
9.2.2.3 Proof that each expense was paid by Agency, which proof can
be satisfied by cancelled checks, wire h•ansfer documentation,
paid receipts or other appropriate banking documentation.
9.2.3 Attachment III — Client Data Reuort.
This report shall list each Unduplicated Client served during the month along with
his or her demographic information. The Client Data Report must contain a list of all
clients served during the Contract 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 - SENIOR CITIZENS SERVICES OF GREATER TARRANT COUNTY I 1
Income Self Certification. AGENCIES SERVING 100%
CLIENTELE MUST FOLLOW THE REQUIREMENTS
SET FORTH IN SECTION 6.1.3.
9.3 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 shall be an event of default.
10. DEFAULT AND TERMINATION.
10.1 Failure to Submit ReQuired Documentation
10.1.1 If Agency fails to submit a Reimbursement Request, or if the
submitted Reimbursement Request is incomplete or otherwise not in compliance with this
Contract or CDBG Regulations as determined by City in its sole discretion, Agency shall
be in default of this Contract. City will notify Agency in writing of such default and the
Agency will have 10 calendar days from the date of the written notice to submit or
resubmit any such Reimbursement Request to cure the default. If 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 uncured default under Section 10.l.lor (ii) more
than 2 instances of default, cured or uncured, under such Section, City reserves the right
at its sole option to terminate this Contract effective immediately upon written notice of
such intent with no penalty or liability to City.
10.1.4 Notwithstanding anything to the contrary herein, City will not be
required to pay any CDBG Funds to Agency during the period that any Reimbursement
Request, report or documentation is past due or is not in compliance with this Contract or
the CDBG Regulations, or during any period during which Agency is in default of this
Contract.
10.1.5 In the event of termination under this Section 10.1, all CDBG Funds
awarded but unpaid to Agency pursuant to this Contract shall be immediately forfeited
and Agency shall have no further right to such funds.
CDBG PSA CON7 RACT 2013-2014 - SENtOR CITIZENS SERVICES OF GREATER TAItRANT COUNTY 1 Z
10.2 Failure to Maintain Records or Submit Renorts and
Documentation.
If Agency fails to maintain all records and documentation as required in Section
8, or if the maintained or 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 missing records and documentation or submit or
resubmit any such report or documentation to City. If Agency fails to maintain the
required reports or documentation, or fails to submit or resubmit any such report or
documentation within such time, City shall have the right to terminate this Contract
effective immediately upon written notice of such intent with no penalty or liability to
City.
10.2.1 In the event of termination under this Section 10.2, all CDBG Funds
awarded but unpaid to Agency pursuant to this Contract shall be immediately forfeited
and Agency shall have no further right to such funds, and any CDBG Funds paid to
Agency must be repaid to City within 30 days of termination. If such CDBG funds are
not repaid to City within the 30 day period, City shall exercise all legal remedies
available under this Contract.
10.3 In General.
Subject to Section 10.1, and unless specifically provided otherwise in this
Contract, Agency shall be in default under this Contract if Agency breaches any term or
condition of this Contract. In the event that such a breach remains uncured after 30
calendar days following written notice by City (or such other notice period as may be
specified herein) or, if Agency has diligently and continuously attempted to cure
following receipt of such written notice but reasonably requires more than 30 calendar
days to cure, as determined by both Parties mutually and in good faith, City shall have the
right to elect 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 termination under this Section 10.3, all CDBG Funds
awarded but unpaid to Agency pursuant to this Contract shall be immediately forfeited
and Agency shall have no further right to such funds, and any CDBG Funds already paid
to Agency must be repaid to Cit}� within 30 days of the 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.
10.4 No Funds Disbursed while in Breach.
Agency understands and agrees that no CDBG Funds will be paid to Agency until
all defaults are cured to City's satisfaction.
10.5 No Comuensation After Date of Termination.
Agency shall not receive any compensation for work undertaken after the date of
the termination.
CDBG PSA CONTRACT 2013-2014 - SENIOR CITIZENS SERVICES OF GREATER TAItRANT COUNTY 13
10.6 Ri�hts of City Not Affected.
Termination shall not affect or terminate any of the existing rights of City against
Agency, or which may thereafter accrue because of Agency's default. Such termination
does not terminate any provisions of this Contract that have been expressly noted as
surviving the term or termination 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 term, covenant or condition hereof.
10.8 Civil, Criminal and Administrative Penalties.
Failure to perform all the Contract terms may result in civil, criminal or
administrative penalties, including, but not limited to those set out� in this Contract.
10.9 Termination for Cause.
10.9.1 City may terminate this Contract in the event of Agency's default,
inability, or failure to perform subject to notice, grace and cure periods. In the event City
terminates this Contract for cause, all CDBG Funds awarded but unpaid to Agency
pursuant to this Contract shall be immediately rescinded and Agency shall have no
further right to such funds and any CDBG Funds already paid to Agency must be repaid
to City within 30 days of termination. Failure to repay such CDBG Funds within 30 days
will result in City exercising all legal remedies available to City under this Contract.
AGENCY ACKNOWLEDGES AND AGREES THAT IF CITY TERMINATES
THIS CONTRACT FOR CAUSE, AGENCY OR ANY AFFILIATES OF AGENCY
SHALL NOT BE CONSIDERED FOR ANY OTHER CITY CONTRACT FOR
CDBG FUNDS FOR A MINIMUM OF 5 YEARS FROM THE DATE OF
TERMINATION.
10.9.2 Agency may terminate this Contract if City does not provide the
CDBG Funds substantially in accordance with this Contract.
10.10 Termination for Convenience.
In terminating in accordance with 24 C.F.R. 85.44 this Contract may be
terminated in whole or in part only as follows:
1010.1 By City with the consent of Agency in which case the Parties shall
agree upon the termination conditions, including the effective date and in the case of
partial termination, the portion to be terminated; or
10.10.2 By the Agency upon written notification to City, setting forth the
reasons for such termination, the effective date, and in the case of partial termination, the
portion to be terminated. In the case of a partial termination, CiTy may terminate the
Contract in its entirety if City determines in its sole discretion that the remaining portion
of the Contract to be performed or CDBG Funds to be spent will not accomplish the
purposes for which the Contract was made.
CDBG PSA CON'TRACT 2013-2014 - SENIOR CITIZENS SERVICES OF GREATER TARRANT COUNTY 14
10.11 Dissolution of Agencv Terminates Contract.
In the event Agency is dissolved or 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 exercise all of its remedies under this Contract.
10.12 Reversion of Assets.
In the event this Contract is terminated with or without cause, all assets acquired
with the CDBG Funds including cash, interest payments from loans or otherwise, all
outstanding notes, mortgages or other security instruments, any accounts receivable
attributable to the use of the CDBG Funds, and any real or personal property owned by
Agency that was acquired or improved with CDBG Funds shall automatically transfer to
City or to such assignee as City may designate.
11. REPAYMENT OF CDBG FUNDS.
All CDBG Funds are subject to repayment in the event the Program does not meet
the requirements 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 required or receiving a finding from HUD are uncertain and
would be difficult to ascertain and may include an impact on City's CDBG grant or other
Federal grant funds, in addition to a finding by HUD or a repayment of funds to HUD by
City. Therefore, the Parties agree that payment under this Section of 10% of the CDBG
Funds by Agency to City is liquidated damages and not a penalty.
12. CHANGE IN NON-PROFIT STATUS.
If the non-profit status of Agency changes after the date of this Contract, Cit��
may but is not obligated to, terminate this Contract. Agency must provide City with
written notification of any changes to its non-profit status within 15 calendar days of
being notified of the change. City has 30 calendar days to make such determination after
receipt of notice from Agency and failure to make such determination will constitute a
waiver. In the event of termination under this Section 12, all CDBG Funds awarded but
unpaid to Agency pursuant to this Contract shall be immediately forfeited and Agency
shall have no further right to such funds. Any CDBG Funds already paid to Agency must
be repaid to City within 30 calendar days of termination.
13. SURVIVAL.
Any provision of this Contract that pertains to auditing, monitoring, client income
eligibility, record keeping and reports, City ordinances, or applicable CDBG
requirements, and any default and enforcement provisions necessary to enforce such
provisions, shall survive the termination of this Contract for 5 years after the Contract
CDBG PSA CONTRACT 2013-2014 - SENIOR CITIZENS SERVICES OF GREATER TARRANT COUNTY 1 S
term ends and shall be enforceable by City against Agency. For purposes of this
Contract, this 5 year period for survival of certain Contract provisions is deemed to begin
on October 1, 2014 and end on September 30, 2019 regardless of whether or not this
Contract is earlier 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 control of, and
the exclusive r•ight to control, the details of the work and services performed hereunder,
and all persons performing same, and shall be solely responsible for the acts and
omissions of its officers, members, agents, servants, employees, contractors,
subcontractors, vendors, clients, licensees or invitees.
14.2 Doctrine of Resnondeat Superior.
The doctrine of respondeat superior shall not apply as between City and Agency,
or its officers, members, agents, servants, employees, contractors, subcontractors,
vendors, clients, licensees or invitees, and nothing herein shall be construed as creating a
partnership or joint enterprise between City and Agency. City does not have the legal
right to control the details of the tasks performed hereunder by Agency, its officers,
members, agents, employees, contractors, subcontractors, vendors, clients, licensees or
invitees.
14.3 A�encv Pronertv.
City shall under no circumstances be responsible for any property belonging to
Agency, or its officers, members, agents, employees, contractors, subcontractors,
vendors, clients, licensees or invitees that may be lost, stolen or destroyed or in any way
damaged and AGENCY HEREBY INDEMNIFIES AND HOLDS HARMLESS
CITY AND ITS OFFICERS, AGENTS, AND EMPLOYEES FROM ANY AND
ALL CLAIMS OR SUITS PERTAINING TO OR CONNECTED WITH SUCH
PROPERTY.
14.5 Religious Organization.
No portion of the CDBG Funds shall be used in support of any sectarian or
religious activity. In addition, there must be no religious or membership criteria for
clients of a CDBG-funded service.
14.6 Venue.
Venue for any action, whether real or asserted, at law or in equity, arising out of
the execution, performance, attempted performance or non-performance of this Contract,
shall lie in Tarrant County, Texas.
CDBG PSA CONTRACT 2013-2014 - SENIOR CITIZENS SERVICES OF GREATER TARRANT COUNTY 16
14.7 Governing Lav��.
This Contract shall be governed by and construed in accordance with the laws of
the State of Texas. If any action, whether rea] or asserted, at law or in equity, arises out
of the execution, performance or non-performance of this Contract or on the basis of any
provision herein, for any issue not governed by Federal law, the choice of law shall be the
laws of the State of Texas.
14.8 Severabilitv.
The provisions of this Contract are severable, and, if for any reason a clause,
sentence, paragraph or other part of this Contract shall be determined to be invalid by a
court or Federal or state agency, board or commission having jurisdiction over the subject
matter thereof, such invalidity shall not affect other provisions which can be given effect
without the invalid provision.
14.9 Written Agreement Entire Contract.
This written instrument and the Exhibits, Attachments, and Addendums attached
hereto, which are incorporated by reference and made a part of this Contract for all
purposes, constitute the entire agreement by the Parties hereto concerning the work and
services to be performed under this Contract. Any prior or contemporaneous oral or
written agreement, which purports to vary the terms of this Contract, shall be void. Any
amendments to the terms of this Contract must be in writing and must be executed by
each Party to this Contract.
14.10 Para�raph Headings for Reference Only, No Le�al Significance;
Number and Gender.
The paragraph headings contained herein are for convenience in reference to this
Contract and are not intended to define or to limit the scope of any provision of this
Contract. When context requires, singular nouns and pronouns include the plural and the
masculine gender shall be deemed to include the feminine or neuter and the neuter gender
to include the masculine and feminine. The words "include" and "including" whenever
used herein shall be deemed to be followed by the words "without limitation".
14.11 Comuliance With All Annlicable Laws and Re�ulations.
By signing this Contract, Agency certifies that it complies with all applicable laws
and regulations that are currently in effect or that are hereafter amended during the
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 Development Act of 1974, as amended,
(42 USC 5301
➢ Title VI of the Civil Rights Act of 1964 (42 U.S.C. Sections 2000d et seq.)
including provisions requiring recipients of federal assistance to ensure
meaningful access by person of limited English proficiency
➢ The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C.
Sections 3601 et seq.)
➢ Executive Orders 11063, 11246 as amended by 11375 and 12086 and as
supplemented by Department of Labor regulations 41 CFR, Part 60
CDBG PSA CONTRACT 2013-2014 - SENTOR CITIZENS SERVICES OF GREATER TARRANT COUNTY 1%
➢
➢
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The Age Discrimination in Employment Act of 1967
The Age Discrimination Act of 1975 (42 U.S.C. Sections 6101 et seq.)
The Uniform Relocation Assistance and Real Property Acquisition Policies
Act of 1970 (42 U.S.C. Sections 4601 et seq. and 49 CFR Part 24) ("URA")
Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. Sections 794 et seq.)
and 24 CFR Part 8 where applicable
National Environmental Policy Act of 1969, as amended, 42 U.S.C. sections
4321 et seq. ("NEPA") and the related authorities listed in 24 CFR Part 58.
The Clean Air Act, as amended, (42 U.S.C. Sections 1251 et seq.) and the
Clean Water Act of 1977,.as amended (33 U.S.C. Sections 1251 et seq.) and
the related Executive Order 11738. In no event shall any amount of the
assistance provided under this Contract be utilized with respect to a facility
that has given rise to a conviction under the Clean Air Act or the Clean Water
Act.
Immigration Reform and Control Act of 1986 (8 U.S.C. Sections ] 101 et seq.)
specifically including the provisions requiring employer verifications of legal
status of its employees
The Americans with Disabilities Act of 1990 (42 U.S.C. Sections 12101 et
seq.), the Architectural Barriers Act of 1968 as amended (42 U.S.C. sections
4151 et seq.) and the Uniform Federal Accessibility Standards, 24 CFR Part
40, Appendia A
Regulations at 24 CFR Part 87 related to lobbying, including the reguirement
that certifications and disclosures be obtained from all covered persons
Drug Free Workplace Act of 1988 (41 U.S.C. Sections 701 et seq.) and 24
CFR Pai�t 23, Subpart F
Executive Order 12549 and 24 CFR Part 5.105(c) pertaining to restrictions on
participation by ineligible, debarred or suspended persons or entities
Section 6002 of the Solid Waste Disposal Act, as amended by the Resource
Conservation and Recovery Act
Guidelines of the Envir•onmental Protection Agency at 40 CFR Part 247
For contracts and subgrants for construction or repair, Copeland "Anti-
Kickback" act (18 U.S.C. 874) as supplemented in 29 CFR Part 5
For construction contracts awarded by Agency in excess of $2,000, and in
excess of $2,500 for other contracts which involve the employment of
mechanics or laborers, Sections 103 and 107 of the Contract Work Hours and
Safety Standards Act (40 U.S.C. 327A 300) as supplemented by 29 CFR Part
5
Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et seq.), as
amended by the Residential Lead-Based Paint Hazard Reduction Act of 1992
(42 U.S.C. 4851 et seq.) and implementing regulations at 24 CFR Part 35,
subparts A, B, M, and R
Uniform Administration Requirements of 24 CFR Part 85
CDBG PSA CONTRACT 2013-2014 - SENtOR CITIZENS SERVICES OF GREATER TARRANT COUNTY 1$
14.11 HUD-Assisted Proiects and Employment and other Economic
Opnortunities; Section 3 Repuirements.
14.11.1
If the Program results in the creation of new employment, training, or contracting
opportunities on a contractor or subcontractor level resulting from the expenditure of the
CDBG Funds, Agency shall comply with the following and will ensure that its
contractors also comply. If the work performed under this Contract is on a project
assisted under a program providing direct Federal financial assistance from HUD, Section
3 of 24 CFR 135.38 ("Section 3") requires that the following clause, shown in italics, be
inserted in all covered contracts ("Section 3 Clause"):
Section to be quoted in covered contracts begins:
"A. The 1a�ork to be performed undef� this conh�act is subject to the
requi��ements of Section 3 of Housing and Urban Development Act of
1968, as af��ef�ded, 12 U. S. C. section 1701 u(Section 3). The pu�pose of
Section 3 zs to ensu�•e that en�ployment and other economic oppoT•turrities
generated by HUD assisted o�• HUD-assisted pf•og��ams cove�°ed by
Section 3, shall to the gl�eatest extent feasible, be directed to lolv- and
very-lol�� income pe�•sons, pa��ticularly pe��sons l��ho are recipief�ts of HUD
assistance fo�• housing.
B. Tlze parties to this contract ag��ee to comply with HUD's
regulations rn 29 CFR Part 135, which i�nplement Section 3. As evidenced
by their execution of this conh�act, the parties to this contract certify that
they ai�e under no contr•actual or other irnpedimenf that would prevent
them fi�om coi��plying 1��ith the Part 135 ��egulations.
C. The contr^acto�� ag�•ees to send to each labor organizatio� oN
representative of workers }q�lty/ ivhich it has Q COZI2CtlV8 bpT"gQlJ?IYIg
ag��eement oi� othe�• understanding, if af�}; a notice advising the labo��
o�°ganization o�• wof°kei�s' ��ep�•esentatives of the contractor's comf�aitments
unde�• this Section 3 clause and will post copies of the notrce in
conspicuous places at the 1a�of•k site wher�e both employees and applicants
for tr•aining and employment positions can see the notice. The notice shall
describe the Section 3 prefe��ence, shall set forth »zinimum number and job
titles subject to hrf•e, avarlabiliiy of app�•entice and training positions, the
qualifrcations for each; and the nanae and location of the pe��son(s) taking
applications foi� each of the positions; and the anticipated date the �vork
shall begin.
D. The contr�actor agrees that it will include this Section 3 clause in
eve� y subcontr•act to comply ���ith ��egulation in 24 CFR Pa��t 135, and
agT�ees to take app��opriate action, as provided in an applicable provision
of the subconh°act or zn this Section 3 clause, upon findi��g that the
subcontractor is i» violatio� of the regulations in 24 CFR Part 135. The
CDBG PSA CONTRACT 2013-2014 - SENIOR CITIZENS SERVICES OF GREATER TARRANT COUNTY 19
Reauirement that Law Be Quoted in Covered Contracts — Certain
Reauirements Pertaining to Section 3 of the Housin� and Urban
cont�•acto�° will not subcont��act �a�ith any subcorrtractor where it has ��otice
or knoia�ledge that the s�bcont�-acto�� has been found in violation of
f•egulations in 24 CFR 135.
E. The contr•actor ���ill cert� that any vacant employ�nent positions,
includrng training positiorrs that are filed: (1) aftef• the contractor is
selected but before the contract is executed, and (2) with persons othef•
than those to tivhom the regulations of 24 CFR Part 135. The conh�acto�°
�a�ill not subcontract ���ith any subcontractor where it has notice o��
kno��ledge that the subcontf°actor has been found in violation of
regulatiof�s in 24 CFR 135.
F. Noncompliance �a�ith HUD's regulation in 24 CFR Paf•t 135 may
result in sanctions, te��mination of this conh•act for default, and debarment
or suspension fi•om futui�e HUD assisted contracts.
G. T��ith respect to work pe�formed in connection �a�ith Section 3
cove�-ed India� housing assistance, section 7(b) of the Indian Self-
Deter•miT�ation and Education Assrstance Act (25 U.S.C. section 450e) also
applies to the work to be pe�fo��med u�zdei• this Contr°act. Sectiof� 7(b)
��equires that to the greatest eztent feasible (i) prefef�ence a��d
opportunities fot• trazr�ing and employment slaall be given to IndzaTzs, and
(ii) preference if� the awa��d of cont��acts and subcontr•acts shall be give� to
Indiaf� organizatzons and Indian-owned Economic Entefprises. Pa�•ties to
this contract that are subject to the provisiof�s of Section 3 and Section
79b) ag��ee to comply �a�ith Section 3 to the maximunz extent feasible, but
not in derogation of compliartce �t�ith Section 7(b). "
Section to be quoted in covered contracts ends.
14.11.2 Agency Responsibilities for Section 3 Requirements
City and Agency understand and agree that compliance with the provisions of
Section 3, the regulations set foi�th in 24 CFR Part 135, and all applicab]e rules and orders
of HLJD shall be a condition of the Federal financial assistance provided to the Program
binding upon City and Agency, and their respective successors, assigns, contractors and
subcontractors. Failure to fulfill these reguirements shall subject Agency and its
contractors and subcontractors and their respective successors and assigns to those
sanctions specified by the grant agreement through which Federal assistance is provided
and to such sanctions as are specified by 24 CFR Part 135. Agency's responsibilities
include:
14.11.2.1 Implementing procedures to notify Section 3 residents and
business concerns about training, employment, and
contracting opportunities generated by Section 3 covered
assistance;
14.11.2.2 Notifying potential contractors working on Section 3
covered projects of their responsibilities;
14.11.2.3 Facilitating the training and employment of Section 3
residents and the award of contracts to Section 3 business
CDBG PSA CONTRACT 2013-2014 - SENIOR CITIZENS SERVICES OF GREATER TARRANT COUNTY ZO
concerns;
14.11.2.4 Assisting
Department
comply;
and
in
actively cooperating
making contractors
with the HED
and subcontractors
14.11.2.5 Refraining fi�om entering into contracts with contractors
that are in violation of Section 3 regulations;
14.11.2.6 Documenting actions taken to comply with Section 3; and
14.11.2.7 Submitting Section 3 Annual Summary Reports (form
HUD-60002) in accordance with 24 CFR Part 135.90.
14.11.3 Section 3 Renorting Requirements.
In order to comply with the Section 3 requirements, Agency must submit the
forms attached hereto as Exhibit "G" - Section 3 Reporting Forms.
14.11.3.1 Report to the City on a quarterly basis all applicants for
employment, and all applicants for employment by
contractors and any subcontractors. This shall include
name, address, zip code, date of application, and status
(hired/not-hired) as of the date of the report.
14.11.3.2 Advertise available positions to the public for open
competition, and provide documentation to City with the
quarterly report that demonstrates such open advertisement,
in the form of printout of Texas Workforce Commission
posting, copy of newspaper advertisement, copy of flyers
and listing of locations where flyers were distributed, and
the like.
14.11.3.3 Report to the City on a quarterly basis all contracts awarded
by contractors and any subcontractors. This shall include
name of contractor and/or subcontractor, address, zip code,
and amount of av��ard as of the date of the report.
14.12 Prohibition A�ainst Discrimination.
14.12.1 General Statement.
Agency, in the execution, performance or attempted performance of this Contract,
shall comply with all non-discrimination requirements of 24 CFR 570.607 and the
ordinances codified at Chapter 17, Article III, Division 4— Fair Housi�rg of the City
Code. Agency may not discriminate against any person because of race, color, sex,
gender, religion, national origin, familial status, disability or perceived disability, sexual
orientation, gender identity, gender expression, or h•ansgender, nor will Agency permit its
officers, members, agents, employees, or clients to engage in such discrimination.
CDBG PSA CONTRACT 2013-2014 - SENIOR CITIZENS SERVICES OF GREATER TARRANT COUNTY 21
This Contract is made and entered into with reference specifically to the
ordinances codified at Chapter 17, Article III, Division 3- Enaploynzent P�•actices of the
City Code, and Agency hereby covenants and agrees that Agency, its officers, members,
agents, employees and contractors, have fully complied with all provisions of same and
that no employee, or applicant for employment has been discriminated against under the
terms of such ordinances by either or its officers, members, agents, employees or
contractors.
14.12.2 No Discrimination in Emplovment during the Performance of This
Contract.
During the performance of this Contract Agency agrees to the following
provision, and will require that its contractors and subcontractors also comply with such
provision by including it in all contracts with its contractors:
[Contractor oN subco»tractor's s�ame) will not unlawfully discriminate against
any employee or applicants for employment because of race, color, sex, gender, religion,
national origin, familial status, disability or perceived disability, sexual orientation,
gender identity, gender expression or transgender. Agency will take affirmative action to
ensure that applicants are hired without regard to race, color, sex, gender, religion,
national origin, familial status, disability or perceived disability, se�al orientation,
gender identity, gender expression or transgender and that employees are treated fairly
during employment without regard to their race, color, sex, gender, religion, national
origin, familial status, disability or perceived disability, sexual orientation, gender
identity, gender expression or transgender. Such action shall include, but not be limited
to, the following: employment, upgrading, demotion or transfer, recruitment or
recruitment advertising, layoff or termination, rates of pay or other forms of
compensation, and selection for training, including apprenticeship. Agency agrees to post
in conspicuous places, available to employees and applicants for employment, notices
setting forth the provisions of this nondiscrimination clause.
[Contractor o�° subcontractor's name] will, in all solicitations or advertisements
for employees placed by or on behalf of Agency, state that all qualified applicants will
receive consideration for employment without regard to race, color, sex, gender, religion,
national origin, familial status, disability or perceived disability, sexual orientation,
gender identity, gender expression or transgender.
[Contr�actor oi° subcont��actor's i�ame] covenants that neither it nor any of its
officers, members, agents, employees, or contractors, while engaged in performing this
Contract, shall, in connection with the employment, advancement or discharge of
employees or in connection with the terms, conditions or privileges of their employment,
discriminate against persons because of their age or because of any disability or
perceived disability, except on the basis of a bona fide occupational qualification,
retirement plan or statutory requirement.
CDBG PSA CONTRACT 2013-2014 - SENIOR CITIZENS SERVICES OF GREATER TARRANT COUNTY 22
[Cont�•acto�• o�� subcorrt�•actot•'s name] further covenants that neither it nor its
officers, members, agents, employees, contractors, or persons acting on their behalf, shall
specify, in solicitations or advertisements for employees to work on this Contract, a
maximum age limit for such employment unless the specified maximum age limit is
based upon a bona �de occupational qualification, retirement plan or statutory
requirement.
14.12.3 A�encv's Contractors and the ADA.
In accordance with the provisions of the Americans With Disabilities Act of 1990
("ADA"), Agency warrants that it and any of its contractors will not unlawfully
discriminate on the basis of disability in the provision of services to the general public,
nor in the availability, terms and/or conditions of employment for applicants for
employment with, or employees of Agency or any of its contractors. AGENCY
WARRANTS IT WILL FULLY COMPLY WITH ADA'S PROVISIONS AND
ANY OTHER APPLICABLE FEDERAL, STATE AND LOCAL LAWS
CONCERNING DISABILITY AND WILL DEFEND, INDEMNIFY AND HOLD
CITY HARMLESS AGAINST ANY CLAIMS OR ALLEGATIONS ASSERTED
BY THIRD PARTIES OR CONTRACTORS AGAINST CITY ARISING OUT OF
AGENCY'S AND/OR ITS CONTRACTORS', AGENTS' OR EMPLOYEES'
ALLEGED FAILURE TO COMPLY WITH THE ABOVE-REFERENCED LAWS
CONCERNING DISABILITY DISCRIMINATION IN THE PERFORMANCE OF
THIS CONTRACT.
14.13. Prohibition Against Interest / Conflict of Interest.
14.13.1 Agency shall establish safeguards to prohibit its employees, board
members, advisors and agents from using positions for a purpose that is or gives the
appearance of being motivated by a desire for private gain for themselves or others,
particularly those with whom they have family, business or other ties. Agency shall
disclose to City any conflict of intei•est or potential conflict of interest described above,
immediately upon discovery of such.
14.13.2 No persons who are employees, agents, consultants, officers or elected
officials or appointed officials of City or of Agency who exercise or have exercised any
functions or responsibilities with respect to activities assisted with CDBG funds or who
are in a position to participate in a decision-making process or gain inside information
with regard to these activities may utilize CDBG services, may obtain a financial interest
or benefit from a CDBG-assisted activity, or have an interest in any contract, subcontract
or agreement with respect thereto, or the proceeds thereunder, either for themselves or
those with whom they have family or business ties, during their tenure or for 1 year
thereafter, unless they are accepted in accordance with the procedures set forth at 24 CFR
570.611.
14.13.3 Agency affirms that it will adhere to the provisions of the Texas Penal
Code which prohibits bribery and gifts to public servants.
CDBG PSA CONTRACT 2013-2014 - SENIOR CITIZENS SERVICES OF GREATER TARRANT COUNTY 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 the procurement of property and services by
Agency. In all cases not governed by those sections, the provisions of 24 CFR 570.611
of the CDBG Regulations shall apply.
14.14 Subcontractin� with Small and Minoritv Firms, Women's
Business 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
Enterprises and to provide them equal opportunity to compete for contracts for
construction, provision of professional services, purchase of equipment and supplies and
provision of other services required by City. Agency agrees to incorporate the City's
BDE Ordinance, and all amendments or successor policies or ordinances thereto, into all
contracts and subcontracts for procurement larger than $50,000.00 and will further
requir•e all persons or entities with which it so contracts to comply with said ordinance.
14.14.2 It is national policy to award a fair share of contracts to disadvantaged
business enterprises ("DBEs"), small business enterprises ("SBEs"), minority business
enterprises ("MBEs"), and women's business � enterprises ("WBEs"). Accordingly,
affirmative steps must be taken to assure that DBEs, SBEs, MBEs, and WBEs are utilized
when possible as sources of supplies, equipment, construction and services.
14.15 Other Laws.
The failure to list any federal, state or City ordinance, law or regulation that is
applicable to Agency does not excuse or relieve Agency from the requirements or
responsibilities in regard to following the law, nor fi•om the consequences or penalties for
Agency's failure to follow the law, if applicable.
14.16 Assignment.
Agency shall not assign all or any part of its rights, privileges, or duties under this
Contract without the prior written approval of Director. Any attempted assignment of
same without approval shall be void, and shall constitute a breach of this Contract.
14.17. Ri�ht to Inspect Agencv Contracts.
It is agreed that City has the right to inspect and approve in writing any proposed
contracts between Agency and any contractor engaged in any activity in conjunction with
this CDBG-funded Program prior to any charges being incurred.
14.18 Force Maieure
If Agency becomes unable, either in whole or part, to fulfill its obligations under
this Contract due to acts of God, strikes, lockouts, or other industrial disturbances, acts of
public enemies, wars, blockades, insurrections, riots, epidemics, earthquakes, fires,
floods, restraints or prohibitions by any court, board, department, commission or agency
of the United States or of any States, civil disturbances, or explosions, or some other
reason beyond Agency's contro] (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 - SENIOR CITIZENS SERVICES OF GREATER TARRANT COUNTY 24
such event. Agency will give City written notice of the existence, extent and nature of
the Force Majeure Event as soon as reasonably possible after the occurrence of the event.
Failure to give notice will result in the continuance of Agency's obligation regardless of
the extent of any existing Force Majeure Event. Agency will use commercially
reasonable efforts to remedy its inability to perform as soon as possible.
15. INDEMNIFICATION AND RELEASE:
AGENCY COVENANTS AND AGREES TO INDEMNIFY, HOLD
HARMLESS AND DEFEND, AT ITS OWN EXPENSE, CITY AND ITS
OFFICERS, AGENTS, SERVANTS AND EMPLOYEES FROM AND AGAINST
ANY AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE
AND/OR PERSONAL INJLTRY, INCLUDING DEATH, TO ANY AND ALL
PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR
ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THE
EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE OR
NONPERFORMANCE OF THIS CONTRACT AND/OR THE OPERATIONS,
ACTIVITIES AND SERVICES OF THE PROGRAM DESCRIBED HEREIN,
WHETHER OR NOT CAUSED IN WHOLE OR IN PART, BY ALLEGED
NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES,
CONTRACTORS OR SUBCONTRACTORS OF CITY; AND AGENCY HEREBY
ASSUMES ALL LIABILITY AND RESPONSIBILITY OF CITY AND ITS
OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES FOR ANY AND ALL
CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR
PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF
WHATSOEVER KINDS OR CHARACTER, WHETHER REAL OR ASSERTED,
ARISING OUT OF OR IN CONNECTION WITH THE EXECUTION,
PERFORMANCE, ATTEMPTED PERFORMANCE OR NONPERFORMANCE
OF THIS CONTRACT AND/OR THE OPERATIONS, ACTIVITIES AND
SERVICES OF THE PROGRAM DESCRIBED HEREIN, WHETHER OR NOT
CAUSED IN WHOLE OR IN PART BY ALLEGED NEGLIGENCE OF
OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS OR
SUBCONTRACTORS OF CITY. AGENCY LIKEWISE COVENANTS AND
AGREES TO AND DOES HEREBY INDEMNIFY AND HOLD HARMLESS
CITY FROM AND AGAINST ANY AND ALL INJURY, DAMAGE OR
DESTRUCTION OF PROPERTY OF CITY, ARISING OUT OF OR IN
CONNECTION WITA ALL ACTS OR OMISSIONS OF AGENCY, ITS
OFFICERS, MEMBERS, AGENTS, EMPLOYEES, CONTRACTORS,
SUBCONTRACTORS, INVITEES, LICENSEES, OR CLIENTS, OR CAUSED, IN
WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS,
SERVANTS, EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS OF
CITY.
IT IS THE EXPRESS INTENTION OF THE PARTIES, BOTH AGENCY
AND CITY, TI3AT 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 - SENIOR CITIZENS SERVICES OF GREATER TARRANT COUNTY ZS
THAT NEGLIGENCE IS ALLEGED TO BE THE SOLE OR CONCURRING
CAUSE OF THE INJLTRY, DAMAGE OR DEATH.
AGENCY AGREES TO AND SHALL RELEASE CITY, ITS AGENTS,
EMPLOYEES, OFFICERS AND LEGAL REPRESENTATIVES FROM ALL
LIABILITY FOR INJURY, DEATH, DAMAGE OR LOSS TO PERSONS OR
PROPERTY SUSTAINED IN CONNECTION WITH OR INCIDENTAL TO
PERFORMANCE UNDER THIS CONTRACT, EVEN IF THE INJURY, DEATH,
DAMAGE OR LOSS IS CAUSED BY CITY'S SOLE OR CONCURRENT
NEGLIGENCE.
AGENCY SHALL REQUIRE ALL OF ITS CONTRACTORS AND
SUBCONTRACTORS TO INCLUDE IN THEIR CONTRACTS AND
SUBCONTRACTS A RELEASE AND INDEMNITY IN FAVOR OF CITY IN
SUBSTANTIALLY THE SAME FORM AS ABOVE.
16. WAIVER OF IMMUNITY BY AGENCY.
If Agency, as a charitable or nonprofit organization, has or claims an immunity or
exemption (statutory or otherwise) from and against liability for damages or injury,
including death, to persons or property, Agency hereby expressly waives its rights to
plead defensively such immunity or exemption as against City. This section shall not be
construed to affect a governmental entity's immunities under constitutional, statutory or
common law.
17. INSURANCE AND BONDING.
Agency will maintain coverage in the form of insurance or bond in the amount of
$81,824.00 to insure against loss from the fraud, theft or dishonesty of any of Agency's
officers, agents, trustees, directors or employees. The proceeds of such insurance or bond
shall be used to reimburse City for any and all loss of CDBG Funds occasioned by such
misconduct. To effectuate such reimbursement, such fidelity coverage shall include a
rider stating that reimbursement for any loss or losses shall name the City as a Loss
Payee.
Agency shall furnish to City in a timely manner, but not later than the Effective
Date, certificates of insurance as proof that it has secured and paid for policies of
commercial insurance as specified herein. If City has not received such certi�cates by
the Effective Date, Agency shall be in default of the Contract and City may, at its option,
terminate the Contract.
Such insurance shall cover all insurable risks incident to or in connection with the
execution, performance, attempted performance or nonperformance of this Contract.
Agency shall maintain, or require its general contractor to maintain, the following
coverage and limits thereof:
CDBG PSA CONTRACT 2013-2014 - SENIOR CITIZENS SERVICES OF GREATER TARRANT COUNTY 2O
Commercial General Liabilitv (CGL Insurance
$500,000 each occurrence
$1,000,000 aggregate limit
Non-Profit Or�anization Liabilitv or Directors & Officers 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
$500,000 Bodily Injury per person per occurrence
$2,000,000 Aggregate
Insurance policy shall be endorsed to cover "Any Auto", defined as autos owned, hired, and non-
owned. Pending availability of the above coverage and at the discretion of City, the policy
shall be the primary responding insurance policy versus a personal auto insurance policy if
or when in the course of Agency's business as contracted herein.
Workers' Compensation Insurance
Part A: Statutory Limits
Part B: Employer's Liability
$100,000 each accident
$100,000 disease-each employee
$500,000 disease-policy limit
Note: Such insurance shall cover employees performing work on any and all projects
including but not limited to construction, demolition, and rehabilitation. Agency or its
contractors shall maintain coverages, if applicable. In the event the respective contractors
do not maintain coverage, Agency shall maintain the coverage on such contractor, if
applicable, for each applicable contract.
Additional Requirements
Such insurance amounts shall be revised upward at City's reasonable option and no more
frequently than once every 12 months, and Agency shall revise such amounts within 30
days following notice to Contractor of such requirements.
Agency will submit to City documentation that it has obtained insurance coverage and
has executed bonds as required in this Contract prior to payment of any monies provided
hereunder.
Where applicable, insurance policies required herein shall be endorsed to include City as
an additional insured as its interest may appear. Additional insured parties shall include
employees, officers, agents, and volunteers of City.
CDBG PSA CONTRACT 2013-2014 - SENIOR CITIZENS SERVICES OF GREATER TARRANT COUNTY 2%
The Workers' Compensation Insurance policy shall be endorsed to include a waiver of
subrogation, also referred to as a waiver of rights of recovery, in favor of City.
Any failure on part of City to request certificate(s) of insurance shall not be construed as
a waiver of such requirement or as a waiver of the insurance requirements themselves.
Insurers of Agency's insurance policies
shall be licensed to do business in the state of
Texas by the Department of Insurance or be
business in the state of Texas. Insurers sha
financial strength and solvency and each such
A.M. Best Key Rating Guide rating of A-: V
standard rating otherwise approved by City.
otherwise eligible and authorized to do
f be acceptable to City insofar as their
company shall have a current minimum
I or other equivalent insurance industry
Deductible limits on insurance policies shall not exceed $5;000 per occurrence unless
otherwise approved by City.
In the event there are any local, federal or other regulatory insurance or bonding
requirements for the Program, and such requirements exceed those specified het•ein, the
former shall prevail.
Agency shall require its contractors to maintain applicable insurance coverages, limits,
and other reguirements as those specified herein; and Agency shall require its contractors
to provide Agency with certificate(s) of insurance documenting such coverage. Also,
Agency shall require its contractors to have City and Agency endorsed as additional
insureds (as their interest may appear) on their respective insurance policies.
Directors and Officers Liability coverage shall be in force and may be provided on a
claims-made basis. This coverage may also be referred to as 1VIanagement Liability, and
shall protect the insured against claims arising out of alleged en•ors in judgment, breaches
of duty and wrongful acts arising out of their organizational duties. Coverage shall
protect not only the entity, but all past, present and future directors, officers, trustees,
employees, volunteers and committee members.
18. CERTIFICATION REGARDING LOBBYING.
The undersigned representative of Agency hereby certifies, to the best of his or
her knowledge and belief, that:
No Federal appropriated funds have been paid or will be paid, by or on behalf of
Agency, to any person for influencing or attempting to influence an officer or
employee of any agency, a member of Congress, an officer or employee of
Congress in connection with the awarding of any Federal contract, the making of
any Federal grant, the making of any Federal loan, the entering into of any
cooperative agreement and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan or cooperative agreement.
CDBG PSA CONTRACT 2013-2014 - SENIOR CITIZENS SERVICES OF GREATER TARRANT COUNTY Z$
If any funds other than federally appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence an ofiicer or employee of
any agency, member of Congress in connection with this Federal contract, grant,
loan or cooperative agreement, Agency shall complete and submit Standard
Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its
instructions.
This certification is a material representation of fact upon which reliance was
placed when this Contract was made or entered into. Submission of this
certificate is a prerequisite for making or entering into this Contract imposed by
31 U.S.C. Section 1352. Any person who fails to file the required certification
shall be subject to a civil penalty of not less than $10,000.00 and not more than
$100,000.00 for each such failure.
Agenc3� shall require that the language of this certification be included in all
subcontracts or agreements involving the expenditure of Federal funds.
19. LITIGATION AND CLAIMS.
Agency shall give City immediate notice in writing of any action, including any
proceeding before an administrative agency, filed against Agency in conjunction with this
Contract or the Program. Agency shall furnish immediately to City copies of all pertinent
papers received by Agency with respect to such action or claim. Agency shall provide a
notice to City within 10 days upon filing under any bankiuptcy or financial insolvency
provision of law.
20. NOTICE.
All notices required or permitted by this Contract must be in writing and are
deemed delivered on the earlier date of the date actually received or the third day
following deposit in a United States Postal Service post office or receptacle; with proper
postage, certified mail return receipt requested; and addressed to the other Party at the
address set out below or at such other address as the receiving Party designates by proper
notice to the sending Party.
Crtv:
City Attorney's Office
1000 Throckmorton Street
Fort Worth, TX 76102
Telephone: 817-392-7600
Copy to:
Director of Housing and Economic Development
1000 Throckmorton Street
Fort Worth, TX 76102
Telephone: 817-392-7540
CDBG PSA CONTRACT 2013-2014 - SEN10R CITIZENS SERVICES OF GREATER TARRANT COUNTY 29
Copy to:
Program Coordinator-Housing and Economic Development
1000 Throckmorton Street
Fort Worth, TX 76102
Telephone: 817-392-6342
Agencv:
Senior Citizens Services of Greater Tarrant County
Executive Director
1400 Circle Drive #300
Fort Worth, TX 76119
817-413-4949
21. AGENCY HAS LEGAL AUTHORITY TO ENTER INTO CONTRACT.
Agency represents that it possesses the legal authority, pursuant to any proper,
appropriate and official motion, resolution or action passed or taken, to enter into this
Contract and to perform the responsibilities herein required.
22. COUNTERPARTS.
This Contract may be executed in multiple counterparts, each of which shall be
considered an original, but all of which shal] constitute one instrument which may be
sufficiently evidenced by one counterpart.
[SIGNATURES APPEAR ON NEXT PAGE]
CDBG PSA CONTRACT 2013-2014 - SENIOR CITIZENS SERVICES OF GREATER TARRANT COUNTY 3O
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�VESS WHEREOF, the Parties hereto have executed 4 duplicate
Contract in Fort Worth, Tarrant County, Texas.
Cfty Sec'r�fary / � �
M&C: C-26369�--t`
Date: August 6, 20 ] 3
�'
CITY OF FORT WORTH
�e'
BY� Aa'��G(NtQo �.dQl��
Fernando Costa, Assistant City Manage2•
APP OVED AS TO F RM AND LEGALITY:
_ , ��
Assistant City Attorney
SENIOR CITIZENS SERVICES OF GREATER TARRANT COUNTY
By: j�'y�o.+� --
Name: �t�.nw.t�-1-- oswt=. ..
�— �
Title: '1�c,..u„�-���c �j �,.r�
STATE OF TEXAS §
COUNTY OF TARRANT § �
This instrument was acknowledged before me o ! , 2013 by
Fernando Costa, Assistant City Manager of the ity of Fort Worth, on behalf the City of
Fort Worth. � �,/ , .
, --�
°a�' EVONIA DANIELS
-y.,�� .- PJotary pubiic, Stote of Texos ,
�+= ;•�•;;-"� MY Comm+;si
r,n Ex�ires
. Ju�y
:-`..�
Public, State of Texas
STATE OF TEXAS §
COUNTY OF TARRANT § �
This instrument was acknowledged before me on ����..� s� �1 2013 by
? '• ' � � ,.�,�.� :� [Name], the � � . �� � ��:,- [Title] of Sen or Citizens Servic . s of Greater
Tarrant County, a Texas nonprofit corporation, on b,�half of said coy�or�on�
.
LETICIA A. SALHVAS
NOTARY PUBLIC
STATE OF TEXAS
My Cortim. Exp.12-1&2016
Public,
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CDBG PSA CONTRACT 2013-2014 — SENIOR CITIZENS SERVICES OF GREATER ARRANT COUNTY
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 - SENIOR CITIZENS SERVICES OF GREATER TARRANT COUNTY 32
Senior Citizens of Greater Tarrant County, Inc. EXHIBIT A
Connecting Seniors to Community PROGRAM SUMMARY
PROGRAM SUMMARY
Community Development Block Grant
, (CDBG)
October 1, 2013 to September 30, 2014
PERIOD
$81,824.00
AMOUNT
PROGRAM:
The program will provide transportation services to Fort Worth seniors (age 62 and o��er)
from home to senior centers and bi-monthly shopping or field trips.
CDBG funds will be used to pay for salaries and fringe benefits for program employees.
CDBG funds �vill also be used for contract labor services with transit providers to provide
transportation services to each client.
Senior Citizens of Greater Tarrant County's office is located at 1400 Circle Dr. #300, Fort
Worth, TX, 76119. Program services will be provided to/from client homes to the locations
listed belo��►�* on various da3�s and times:
Como Community Center - 4900 Horne Street, Fort Worth, TX 76107
Diamond Hill Community Center - 1741 NE 36th , Fort Worth, TX 76106
Eugene McCray Community Center - 4932 Wilbarger, Fort Worth, TX 76119
Fellowship Corner - 1601 New York, Fort Worth, TX 76104
Handley-Meadowbrook Community Center - 6201 Beaty, Fort Worth, TX 761 l2
Northside Community Center - I 100 NW 18th , Fort Worth, TX 76164
North Tri-Ethnic Community Center - 2950 Roosevelt, Fort Worth, TX 76106
Stop Six - 4910 Dunbar, Fort Worth, TX 76105
Worth Heights Community Center - 3551 New York, Fort Worth, TX 76110
Batnabas House, Christ Lutheran - 4409 Sycamore School Road, Fort Worth, TX 76133
CASA - 3201 Sandra, Fort Worth, TX 76107
Fair Oaks - 4401 Quail Trail, Fort Worth, TX 76114
Goodrich Center far the Deaf - 2500 Lipscomb, Fort Worth, TX 76110
Jewish Family Services - 4900 Briarhaven, Fort Worth, TX 76] 09
*For information pu�poses only, locations subject to change
REGULATORY CLASSIFICATION:
IDIS Matrix Code(s) and Service Category: OSA Senior Services
National Objective Citation: LMC Low/Mod Limited Clientele 24 CFR 570.208(a)(2)
Regulatory Citation(s): 24 CFR 570.201(e)
EXI3IBIT A- CDBG: SENIOR CITIZENS OF GREATER TARRANT COUNTY, INC.
Based on the nature of the service provided, Agency will maintain documentation that
verifies that 100% of clients served by the Program are Elderly Persons Persons per the
Presumed Bene�it CDBG clientele category de�ned by HUD and therefore are at or below
80% of Area Median Income (AMI) as established or defined by the United States
Department of Housing and Urban Development (HUD).
PROGRAM GOALS:
Provide program services to approximately 280 Unduplicated Clients
EXHIBIT A- CDBG: SENIOR CITIZENS OF GREATER TARRANT COUNTY, INC. 2
EXHIBIT ��A-1"
2013 HUD INCOME LIMITS
*Income limits are established and published at least annually by HUD.
EXHIBIT `�A-2"
ENVIRONMENTAL MITIGATION ACTION
NONE REQUIRED
EXHIBIT B - BUDGET
FUNDING B: TARRANT COUNTY
FUNDING C: ARLINGTON CDBG
FUNDING D: PROGRAM DONATIONS
EXHIBIT B- CDBG: SENIOR CITIZENS OF GREATER TARRANT COUNTY, INC.
The following tables are pw•ely informational and were created solely for purposes of preparing, negotiating, and determining the
reasonableness of the overall line item budget on the �irst 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 E3�IIBIT B— BUDGET." Changes to the column labeled "Position" may only be made with the prior written consent of the
City.
SALARY DETAIL
Position Name Rate Annual Hours Percent to Grant Amount to Grant
Receptionist- $ i 5.73 2,080 31 % $10,049
Technical Assistant
FRINGE DETAIL
Percent of Pa roll Amount Percent to Grant Amount to Grant
FICA
Life Insurance
I-3ealth Insurance
Unemployment
Workers Com ensation
Retirement
SUPPLIES AND SERVICES
Total Bud et Percent to Grant Amount to Grant
O�ce Su lies
Office E ui ment Rental
Postage
Printing
MISCELLANEOUS
Total Budget Percent to Grant Amount to Grant
Contract Labor $212,948 34% $71,775
Craft Supplies
Facilit Fees
Field Tri Costs
Food Su lies
Teachin Aids
FACILITY AND UTILITIES
Total Budget Percent to Grant Amount to Grant
Tele hone
Electric
Gas
Water and Wastewater
Solid Waste Dis osal
Rent
Custodiai Services
Re airs
Cleaning Sup lies
EXHIBIT B- CDBG: SENIOR CITIZENS OF GREATER TARRANT COUNTY, INC. 2
rnuF.�T accrcTau�F
Tota] Budget Percent to Grant Amount to Grant
Childcare Scholarshi s
Short-Term Rent Assistance
Short Term Mort a e Assistance
Short Term Utilities Assistance
Tenant Based Rental Assistance
EXI-IIBIT B- CDBG: SENIOR CITIZENS OF GREATER TARRANT COUNTY, INC. 3
FINANCIAL AND INSLIRANCE
EXHIBIT "C"
Audit Certification Form
[See attached]
AUDIT CERTIFICATION FORM AND AUDIT REQUIREMENTS
Agency:
,- . !��� ,��� �
Fiscal Year Ending: September 30, 2014
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❑ 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 i•eport within seven (7) months aftei• the end of tbe audited fiscal year
or thirty (30) days within its completion, whichever is the earlier date.
❑ Dur•ing the fiscal year in ���hich funds will be received, we �i�ill not exceed the $500,000 federal
expenditure threshold required for a Single Audit or a Pi•ograni Specific Audit to be performed this
fiscal year. (Fill out schedule belola�)
Federal Expenditure Disclosure
MUST be iilled oirt if Sin le Audit or Pro ram Audit is NOT re uired.
Federal Grautor Pass Through Program Name & Contract Expenditures
Grantor CFDA Number Nurrtber
Total Federal Ex enditures for this Fiscal Year:
,
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-"'-.�C'"r•. '� _ � f � ..s..: +trr - -; -� � , l � � ; � �K` c �R . .�'� � , - .
.,�i � r �4-��1:._,f „�a, � . / �°• i,
Signator,y arid Title Date
Failure to submit this oi• a similar statement or failm•e to submit a completed single audit package as
desci•ibed in the federally requii•ed 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.
Nohi�ithstanding the above, this certification acknowledges the agency's commitment to meet all
other financial reporting, financial statements, and other audit requirements as may be set forth
in the Contract.
Exhibit "D" - Reimbursement Forms
[See attached]
Attachment I
INVOICE
Agency:
Address:
City, State, Zip:
Program:
Period of Service:
Agency's C;ertitication: 1 certiiy that the costs incurred are valid and
consistent with the terms and conditions of the contract between
City and Agency. By signing this invoice, I certify that to the best
of my knowledge and belief the data included in this report is true
and accurate. It is acknowledged that the provision of false
information could leave the certifying official subject to the
Signature and Date:
Name:
Title:
Atlachment II
Cit�� of Fort R'onh
Housing and £conomic Decelopment Departmenf
E:penditure R'orkchcet
Agency: Name
p+aE�m� ProYram Name
Hightighted are the onlg rele��ant codes for @is Pmgram.
'Paprotl must idenli(p emplocee Rem must identifp tenant Othe� poymenls should idenlif,a• indi��iduaL
F
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Exhibit "E"
Form of Income Self-Certification
[See attached)
CERTIFICATION OF INCOME STATEMENT
Appli�ant Name:
Current Address:
Last Name
Phone #:
First Name
Household Members and Income
(Includin� Applicant)
Age IMonthly I Source/Employer Name
Income
**PERSONAL INFORMATION: (Check one in each item. Optional Information for Federal Reporting Purposes)
a. ❑ MALE b. � WHITE ❑ BLACK/AFRICAN AMERICAN ❑ BLACK/AFRICAN AMERICAN & WHITE
❑ FEMALE ❑ AMERICAN INDIAN/ALASKAN NATIVE ❑ ASIAN
❑ AMERICAN INDIAN/ALASKAN NATIVE & WHITE ❑ ASIAN & WHITE
❑ NATIVE HAWAIIAN/OTHER PACIFIC ISLANDER ❑ BALANCE/OTHER
❑ AMERICAN INDIAN/ALASKAN NATIVE & BLACK/AFWCAN AMERICAN
c. E'I'HNICITY d. DISABLED
❑ HISPANIC ❑ YES
❑ NON-HISPANIC ❑ NO
* TOTAL NUMBER OF HOUSEHOLD
MEMBERS
Total Anticipated Annual Household Income:
(Include Yourself AND everyone �a�ho
lives in the house.)
Certification:
I certify that the information I am providing is true and could be subject to verification at any time by a third
party. I also acknowledge that the provision of false information could leave me subject to the penalties of
Federal, State and local law.
WARNING: TITLE 18, SECTION 1001 OF THE U.S. CODE STATES THAT A PERSON IS GUILTY OF A FELONY
FOR KNOWINGLY AND WILLINGLI' MAHING FALSE OR FRAUDULENT STATEMENTS TO ANY DEPARTMENT OF
THE UNITED STATES GOVERNMENT.
Signature of Applicant
Date
For use by funding agency:
Household Size:
Income Limit:
e. IS CLIENT WOMEN HEAD OF HOUSEAOLD
❑ YES
❑ NO
Annual Income:
Is Applicant Eligible:
Person Making Determination: Date:
CERTIFICACION DE DECLARACION DE INGRESOS
Nombre del Solicitante:
Domicilio Actual:
Numero de Telefono:
Miembros en el Ho ar e In r�
**INFORMACION PERSONAL: (Seleccione uno en cada categoria. Informacion opcional para propositos de informacion Federal)
a. ❑ MASCULINO b. � CAUCASICO ❑ NEGR0IAFRICANO 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 AMEI2TCAN0
c. ETNICIDAD d. DISCAPACITADO e. �ES EL SOLICITANTE IJNA MUJER Y CABECERA DEL HOGAR?
❑ HISPANO ❑ SI ❑ SI
❑ NO-HISPANO ❑ NO ❑ NO
* NLJMERO TOTAL DE MIEMBROS EN EL HOGAR
Ingreso total del hogar anual anticipado:
(Incluye a si mismo y a todos los que viven en
la casa)
Certificacion:
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 DECLARACIONES
FALSAS O FRAUDULENTAS 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]
EXHIBIT "G"
SECTION 3 REPORTING FORMS
S,ection 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
Office of Fair Housing
And Equal Opportunity
' Program Codes 3= PubliGlndian Housing 4= Homeless Assistance
1= Flexible Subsidy A= Development, 5= HOME
2= Section 202/811 B= Operation 6= HOME State Administered
C= Modemization 7= CDBG Eniitiement
Page 1 of 2
EXHIBIT "G"
OMB Approval No: 2529-0043
(exp. 11/30/2010)
HUD Fieid Office: �j
�
8 = CDBG State Administered
9 = Other CD Programs
10 = Other Housing Programs
form HUD60002 (6/2001)
Ref 24 CFR 135
Part II: Contracts Awarded
Construction Contracts:
A. Total doilar amount of ali contracts awarded on the project
8. Total dollar amount of contracts awarded to Section 3 businesses
C. Percentage of the total dollar amouni that was awarded to Section 3 businesses � %
D. Total number of Section 3 businesses receiving contracts
2. Non-Construction Contracts:
A. Total dollar amount all non-construction contracts awarded on the projecUactivity
B. Total dollar amount of non-construction contracts awarded to Section 3 businesses
C. Percentage of the total dollar amount that was awarded to Section 3 businesses
D. Total number of Section 3 businesses receiving non-construction contracts
%
Part III: Summary
Indicate the efforts made to direct the employment and other economic opportunities generated by HUD financial assistance for housing
and community development programs, to the greatest extent feasible, toward low-and very Iow-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 ihe training or employment of Section 3 residents.
Participated in a HUD program or other program which promotes the award of contracts to business concerns which meet the
definition of Section 3 business concerns.
Coordinated with Youthbuild Programs administered in the metropolitan area in which the Section 3 covered project is located.
Other; describe below.
Public reporting for this collection of information is estimated to average 2 hours per response, inciuding 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 ofthe Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u, mandates that the Department ensures that
employment and other economic opportunities generated by its housing and community development assistance programs are directed
toward low- and very-low income persons, particularly those who are recipients of government assistance housing. The regulations are
found at 24 CFR Part 135. The information will be used by the Department to monitor program recipients' compliance with Section 3, to
assess the results of the 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 ihe HCDA of 1992. An assurance of confidentiality is not applicable to this form. The Privacy Act of 1974 and OMB
Circular A-108 are not applicable. The reporting requirements do not contain sensitive questions. Data is cumulative; personal identifying
information is not included.
Page 2 of 2 form HUD 60002 (11/2010)
Ref 24 CFR 135
, Form HUD-60002, Section 3 Summary Report, Economic Opportunities for Low- and Very Low-Income Persons.
Instructions: This form is to be used to report annual
accompiishments regarding employment 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 appiy to any public and Indian housing
programs that receive: (1) development assistance pursuant to
Section 5 of the 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 exce"ss of 5200,000 expended for: (1) housing
rehabilitation (including reduction and abatement of lead-based paint
hazards); (2) housing construction; or (3) other pubiic 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
ali programs covered by Section 3. Pari I relates to employment
and training. The recipient has the option to determine numerical
employmenUtraining goals either on ihe basis of the number of ho�rs
worked by new hires (columns B, D, E and F). Part II of the form
relates to cont�acting, and Part Iii summarizes recipients' efforts to
comply with Section 3.
Recipients or contractors subject to Section 3 requirements must
maintain appropriate documentation to estabiish that HUD financiai
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
pertormance report, this Section 3 report is io 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 and, if the project ends before December 31,
within 10 days of project completion. On/y Prime Recipients are
required to report to HUD. The report must inc/ude
accomplishments of all recipients and their Section 3 covered
contractors and subcontractors.
HUD Field Office: 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 doliar 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)
ihis report covers.
7. Date Report Submitted: Enter the appropriate date.
8. Program Code: Enterthe 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: Empioyment and Training Opportunities
Coiumn A: Contains various job categories. Professionals are
defined as people who have special knowledge of an occupation (i.e.
supervisors, architects, surveyors, planners, and computer
programmers). For construction positions, list each trade and provide
data in columns B through F for each trade where persons were
employed. The category of "Other' includes occupations sucti 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 contractoPs
or recipienPs payroli for employment at the time of selection for the
Section 3 covered award or at the time of receipt of Section 3 covered
assistance.
Column C: (Mandatory Fietd) 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 recipienYs 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.
Column D: Enter the percentage of ali the staff hours of new hires
(Section 3 residents) in connection with this award.
Column E: Enter the percentage of the total staff hours worked for
Section 3 empioyees and trainees (inciuding new hires) connected
with this award. Include staff hours for part-time and fuii-time
positions.
Column F: (Mandatory Pield) Enter the number of Section 3
residents ihat were trained in connection with this award.
Part II: Contract Opportunities
Block 1: Construction Contracts
item A: Enter the total doliar amount of ali 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 totai doliar amount of contracts
connected with this project/program 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 all contracts awarded on the
projecUprogram.
Item B: Enter the total dollar amount of contracts connected with this
project awarded to Section 3 businesses.
Item C: Enter the percentage of the total dollar amount of contracts
connected with this projecVprogram awarded to Section 3 busi�esses.
item D: Enter the number of Section 3 businesses receiving awards.
Part III: Summary of Efforts — Self -explanatory
Submit one (1) copy of this report to the HUD Headquarters Office of
Fair Housing and Equal Opportunity, at the same time the
pertormance report is submitted to the program office. The Section 3
report is submitted by January 10. Include only contracts executed
during the period spec'rfied in item 8. PHAs/IHAs are to report all
contracts/subcontracts.
' The terms "Iow-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
(inciuding single persons) whose incomes do not exceed 80 percent of
the median income for the area, as determined by the Secretary, with
adjustments for smalier and larger families, except that
Pagei
The Secretary may estabiish income ceilings higher or lower than 80 percent
of the median for the area on the basis of the Secretary's findings such that
variations are necessary because of prevailing levels of construction costs
or unusually high- or Iow-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 smailer and larger families, except that the
Secretary may establish income ceiiings higher or lower than 50 percent of
the median for the area on ihe basis of the Secretary's findings that such
variations are necessary because of unusually high or low famiiy incomes.
form HUD 60002 (11/2010)
Ret 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
0
�
0
�'
�
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, gras ing small objects, or walking.
Is unable to perform or needs assistance to perform one or more of the
following Activities of Daily Living (ADL): getting around inside the home,
etting in or out of bed or a chair, bathing, dressin , eatin , 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 tele hone.
Has a condition that prevents them from working at a job or doing housework.
The undersigned agency representative conducted a visual assessment of the client
identified on this form and certifies that the client meets at least one of the conditions
indicated above, which determines that he/ she meets the definition of "severely
disabled" according to the U.S. Census Bureau.
Certified by:
Signature/Title:
Date:
CFW HED: Revised as ofAugust 30, 2013
M&C Review
CITY COUNCIL AGENDA
Page 1 of 6
Official site of the City of Fort Worth, Texas
FURT��UORT_FI
�
COUNCIL ACTION: Approved on 8/6/2013 - Ordinance No. 20854-08-2013
CONTINUED FROM A PREVIOUS WEEK
DATE: 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;
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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4 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
'.:- � • i
For Program Year 2013-2014, it is recommended that the amount of $425,325.00 in ESG funds be
allocated as follows:
Non-Profit Seroice 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
Worth $ 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
Programs budget.
*REACH will be funded from
Housing Opportunities 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
Emergency Solutions Grant:
Table 3- ESG A encies
Or anization Pro ram Amount
SafeHaven of Tarrant Count Shelter Services $ 85,065.00
Presb terian Ni ht Shelter Shelter Services $ 85,065.00
Day Resource Center for the Shelter Services
Homeless $ 85,065.00
The Salvation Army, a Georgia
Cor oration Homelessness Prevention/Ra id Re-Housin $ 43,136.00
CFW Parks and Community
Services
Homelessness Prevention/Ra id Re-Housin $ 63,015.62
Catholic Charities of Fort Worth
Homelessness Prevention/Ra id Re-Housin $ 32,079.00
TOTAL ESG Contracts $ 393,425.62
These proqrams are available in ALL COUNCIL DISTRICTS.
FISCA� 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 5X�CXX 017206650XXX $6,079,622.00
GR76 451727 017206653XXX
GR76 5XXXXX 017206653XXX
GR76 451727 017206654XXX
GR76 5X�CXX 017206654XXX
GR76 451685 017206650XXX
GR76 5XXXXX 017206650XXX
�25,325.00
$425.325.00
$911.655.00
911 655.00
$50.000.00
$50,000.00
Page 5 of 6
FROM Fund/Account/Centers
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GR76 451685 0172060651XXX
GR76 5XXX)CX 017206651XXX
GR76 451727 017206651XXX
GR76 5X�CXX
017206651 XXX
$250.000.00
250 _000.00
1 996 541.00
$1,996.541.00
Submitted for City Manager's Office by:_
Originating Department Head:
Additional Information Contact:
Fernando Costa (6122)
Cynthia Garcia (8187)
Robert Sturns (8003)
Leticia Rodriguez (7319)
ATTACHMENTS
17HUDACTPLANPY13-14 AO_13 VG�1 .) doc
2013-18ConPlanMemo HED6.4.13CG.pdf
ActionPlan 2013-14 funding recommendations.pdf
List of Selected_Street for Action Plan 2013.�df
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8/21/2013