HomeMy WebLinkAboutContract 44869 (2), � � J
STATE OF TEXAS
COUNTY OF TARRANT
§
§
§
This contract ("Contract") is made and entered into by and between the City of
Fort Worth (hereafter "City") and Day Resource Center foi• the Homeless (hereafter
"Agency"), a Texas nonprofit corporation. City and Agency may be referred to
individually as a"Party" and jointly as "the Parties".
The Parties state as follows:
WHEREAS, City receives grant monies from the United States Department of
Housing and Urban Development ("HUD") through the Community Development Block
Grant ("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 proposal to use CDBG funds for an eligible
program under the CDBG Regulations whereby Agency will provide seivices 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 metropolitan statistical area as established annually by HUD. 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. 20020-12-2011.
CDBG means Community Development Block Grant.
�FFICIAL RECORD
t�11'�' SECRET�RY I
�= - r . -
CDBG PSA CONTRACT 2013-2014 - DAY RESOURCE CENTER FOR THE HOMELESS 1
��C����ED SEP262013
Complete Documentation means the foilowing 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: canceiled 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 suffcient 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 or the form in Exhibit "E" - Form of Income Self-Certification.
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 Deparhnent of Housing and Urban Development.
CDBG PSA CONTRACT 2013-2014 - DAY RESOURCE CENTER FOR TF� HOMELESS 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 l, 2013 and ternunates 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 FORTY-THREE THOUSAND NINE HLTNDRED
EIGHT and 00/100 'Dollars ($43,908.00) 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 less 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 2013-2014 - DAY RESOURCE CENTER FOR TF� HOMELESS 3
5.2.1.1 Costs are eligible
Regulations.
5.2.1.2
5.2.1.3
expenditures in accordance with CDBG
Costs are in compliance with this Contract and are reasonable
and consistent with indushy norms.
Complete Documentation is submitted to City by Agency.
5.2.2 Budget•
Agency agrees that CDBG Funds will be paid on a reimbursement basis in
accordance with Exhibit "B" - Budget. During the term of this Contract, Agency may
submit written requests to increase or decrease line-item amounts in the Budget,
including an explanation of why such increases or decreases are necessary. All such
requests must be approved by the Director in writing, 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 Chan�e in Program Budget.
5.2.3.1 Agency will notify City promptly of any additional funds it
receives for operation of the Program, and City reserves the
right to amend this Contract in such instances to ensure
compliance with HUD regulations governing cost allocation.
5.2.3.2 Agency agrees to utilize funds available under this Contract to
supplement rather than supplant funds otherwise available for
use in the Program.
5.2.4 PaYment of CDBG Funds to Agencv.
CDBG Funds will be disbursed to Agency upon City'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 $0. It is
expressly agreed by the Parties that any CDBG Funds either not spent or not approved for
reimbursement to Agency shall remain with City.
CDBG PSA CONTRACT 2013-2014 - DAY RESOURCE CENTER FOR TI� HOMELESS 4
5.3 Pro�ram Performance Milestones.
Agency warrants that the Program will achieve the following milestones:
Failure of Agency to meet these milestones or a material deviation from them as
outlined in this Section 5.3 is a breach of this Contract. For the purpose of this Section,
"material deviation" shall mean more than 10% lower than the specified goal. In the
event of such breach, City reserves the right at its sole option to delay or withhold
payment of Reimbursement Requests, to lower Agency's allocation of CDBG Funds, or
to terminate this Contract.
5.4 Identify Program Expenses Paid with CDBG Funds.
Agency will keep accounts and records in such a manner that City may readily
identify and account for Program expenses reimbursed with CDBG Funds. These
records shall be made available to City for audit purposes and shall be retained as
required hereunder.
5.5 Meet National Obiective.
Agency certifies that the activities carried out under the Program and this Contract
will meet the National Objective.
6. CLIENT ELIGIBILITY VERIFICATION.
6.1 Client Eli�ibility.
Agency will document the eligibility of all prospective clients. Agency will
document client eligibility using the specific `method described below in Section
6.1.1.2. All other subsections of this Section 6.1 are not applicable to Agency under
this Contract.
6.1.1 Agencies Servin$ a Presumed Benefit Clientele.
Agency must document that all clients served fall under a"presumed 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 deiu�ition of "severely disabled." As
an acceptable alternative, Agency may use the form attached
CDBG PSA CONTRACT 2013-2014 - DAY RESOURCE CENTER FOR TF� HOMELESS 5
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.
61.1.4 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 verifcation were not available. An elderly person is
defined as being at least 62 years of age.
6.1.2 Agencies ServinE 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 HUD Income
Guidelines. All clients' income must be documented, but only 51 °/a of clients must meet
income eligibility requirements described in 24 CFR 5.609.
6.1.3 Agencies Serving 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 Complete 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 Requirements.
Agency agrees to comply with all requirements of the CDBG Program as stated in
the CDBG Regulations, including but not limited to the following:
7.1 Environmental Review.
CDBG PSA CONTRACT 2013-2014 - DAY RESOURCE GENTER FOR TF� HOMELESS 6
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.
7.1.2 Environmental Mitigation.
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 Monitoring.
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 officers,
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 deficiencies in Agency's performance, the report
shall include requirements for the timely con•ection 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 - DAY RESOURCE CENTER FOR THE HOMELESS 7
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 ternunation or expiration of this
Contract.
7.4 Agencv 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 Principles/Cost Reasonableness.
Agency shall administer its use of CDBG Funds in compliance with OMB
Circular A-122, "Cost Principles for Non-Profit Organizations", as amended from time to
time. The allowability of costs incurred for performance rendered shall be determined in
accordance with OMB Circular A-122 as supplemented by the provisions of this
Contract.
7.6 Accounting 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 Applicable 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 performed 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 - DAY RESOURGE CENTER FOR `TI-� HOMELESS 8
taken to fulfill 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 Convright and Patent Rights.
No reports, maps, or other documents produced in whole or in part under this
Contract shall be the subject of an application for copyright by or on behalf of Agency.
HUD and City shall possess all rights to invention or discovery, as well as rights in data,
which may arise as a result of Agency's performance under this Contract.
S. RECORD KEEPING; REPORTING AND DOCUMENTATION
REQUIREMENTS; AUDIT.
8.1 Record Keeping.
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 l, 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
Conh•act 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 Reports.
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 ternunation 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 Reporting 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 - DAY RESOURCE CENTER FOR Tf� HOMELESS 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 speciiic reference to OMB Circular A-133. The audit shali
cover the Agency's fiscal years during which this Contract is in force. The audit must be
prepared by an independent certified public accountant, be completed within 6 months
following the end of the period being audited and be submitted to City within 30 days of
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 City 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 detertnines 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 1, 2014 and end on September 30,
2019 regardless of whether or not this Contract is earlier terminated. If such audit reveals
a questioned practice or expenditure, such questions must be resolved within 15 business
days after notice to Agency of such questioned practice or expenditure. If questions are
not resolved within this period, City reserves the right to withhold further funding under
this Contract and/or any future contracts with Agency. IF AS A RESULT OF ANY
AUDIT IT IS DETERMINED THAT AGENCY HAS FALSIFIED ANY
DOCUMENTATION OR MISUSED, NIISAPPLIED 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 REOUIREMENTS.
9.1 Deadline for Submitting Reimbursement Reauests.
Each Reimbursement Request shall be received by the City on or before the 15tb
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
15t� 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 CONTRACT 2013-2014 - DAY RESOURGE CENTER FOR TF� HOMELESS 1 O
NOTWITHSTANDING ANYTHING ABOVE, EXPENSES FOR SEPTEMBER
2014 MUST BE RECEIVED BY SEPTEMBER 20, 2014. FAILURE TO SUBNIIT
A FINAL REIMBURSEMENT REQUEST BY SEPTEMBER 20, 2014 WILL
RESULT IN AUTOMATIC FORFEITURE OF PAYMENT OF THE
SEPTEMBER REIMBURSEMENT REQUEST.
9.2 Agency shall provide City with Complete Documentation and the
following reports as shown in Exhibit "D" —Reimbursement Forms with each
Reimbursement Request:
9.2.1 Attachment I — Invoice.
This report shall contain the amount requested for 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 — Expenditure Worksheet.
This report shall itemize each expense requested for reimbursement by Agency
and shail 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 satisf ed by cancelled checks, wire transfer documentation,
paid receipts or other appropriate banking documentation.
9.2.3 Attachment III — Client Data Report.
This report shall list each 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 - DAY RESOURCE CENTER FOR TI� HOMELESS 11
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 TERNIINATION.
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 TI3E 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 ternunate 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 CONTRACT 2013-2014 - DAY RESOURCE CENTER FOR Tf� �IOMELESS 12
10.2 Failure to Maintain Records or Submit Reports 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 deternuned 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.
10.31 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 City within 30 days of the termination. If such CDBG funds
are not repaid to City within the 30 day period, City shall exercise all 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 Comnensation After Date of Termination.
Agency shall not receive any compensation for work undertaken after the date of
the termination.
CDBG PSA CONTRACT 2013-2014 - DAY RESOURCE CENTER FOR TI� HOMELESS 13
10.6 Rights of City Not Affected.
Ternunation shall not affect ar terminate any of the existing rights of City against
Agency, or which may thereafter accrue because of Agency's defauit. 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 perfoi7n subject to notice, grace and cure periods. In the event City
tertnivates 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 TERNIINATES
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 terininate 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:
10.10.1 By City with the consent of Agency in which case the Parties shall
agree upon the termination conditions, including the effective date and in the case of
partial ternunation, the portion to be terminated; or
10.10.2 By the Agency upon written notification to City, setting forth the
reasons for such ternunation, 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 CONTRACT 2013-2014 - DAY RESOURCE CENTER FOR TI� �-IOMELESS 14
10.11 Dissolution of AEencv Terminates Contract.
In the event Agency is dissolved or ceases to exist, this Contract shall ternunate.
In the event of ternunation 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 ternunated 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, City
may but is not obligated to, ternunate 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 deternunation after
receipt of notice from Agency and failure to make such determination will constitute a
waiver. In the event of ternunation 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 - DAY RESOURCE CENTER FOR TI� HOMELESS 15
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�ency an Indenendent Contractor.
Agency shall operate hereunder as an independent contractor and not as an
officer, agent, servant or employee of City. Agency shall have exclusive control of, and
the exclusive right to control, the details of the work and services performed hereunder,
and all persons performing same, and shall be solely responsible for the acts and
omissions of its officers, members, agents, servants, employees, contractors,
subcontractors, vendors, clients, licensees or invitees.
14.2 Doctrine of Resuondeat 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 Asencv Property.
City shall under no circumstances be responsible for any property belonging to
Agency, or its officers, members, agents, employees, contractars, 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 Reli�ious 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 - DAY RESOURCE CENTER FOR THE HOMELESS 16
14.7 Governing Law.
This Contract shall be governed by and construed in accordance with the laws of
the State of Texas. If any action, whether real or asserted, at law or in equity, arises out
of the execution, performance or non-performance of this Contract or on the basis of any
provision herein, for any issue not governed by Federal law, the choice of law shall be the
laws of the State of 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 Asreement 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 Paragraph Headings for Reference Only, No Legal 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 Compliance With All Apnlicable Laws and Regulations.
By signing this Contract, Agency certifies that it complies with all applicable laws
and regulations that are currently in effect or that are hereafter amended during the
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 Departrnent of Labor regulations 41 CFR, Part 60
CDBG PSA CONTRACT 2013-2014 - DAY RESOURCE GENTER FOR`TI� HOMELESS 17
➢ 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 1101 et seq.)
specifically including the provisions requiring employer verifications of legal
status of its employees
➢ The Americans with Disabilities Act of 1990 (42 U.S.C. Sections 12101 et
seq.), the Architectural Barriers Act of 1968 as amended (42 U.S.C. sections
4151 et seq.) and the Uniform Federal Accessibility Standards, 24 CFR Part
40, Appendix A
➢ Regulations at 24 CFR Part 87 related to lobbying, including the requirement
that certiiications 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 Part 23, Subpart F
➢ Executive Order 12549 and 24 CFR Part 5.105(c) pertaining to restrictions on
participation by ineligible, debarred or suspended persons or entities
➢ Section 6002 of the Solid Waste Disposal Act, as amended by the Resource
Conservation and Recovery Act
➢ Guidelines of the Environmental Protection Agency at 40 CFR Part 247
➢ For contracts and subgrants for construction or repair, Copeland "Anti-
Kickback" act (18 U.S.C. 874) as supplemented in 29 CFR Part 5
➢ For construction contracts awarded by Agency in excess of $2,000, and in
excess of $2,500 for other contracts which involve the employment of
mechanics or laborers, Sections 103 and 107 of the Contract Work Hours and
Safety Standards Act (40 U.S.C. 327A 300) as supplemented by 29 CFR Part
5
➢ Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et seq.), as
amended by the Residential Lead-Based Paint Hazard Reduction Act of 1992
(42 U.S.C. 4851 et seq.) and implementing regulations at 24 CFR Part 35,
subparts A, B, M, and R
➢ Uniform Administration Requirements of 24 CFR Part 85
CDBG PSA CONTRACT 2013-2014 - DAY RESOURCE CENTER FOR TI-� HOMELESS 18
14.11 HUD-Assisted Projects and Employment and other Economic
Opportunities; Section 3 Requirements.
14.11.1 Repuirement that Law Be Quoted in Covered Contracts. — Certain
Repuirements Pertaining to Section 3 of the Housing and Urban
Development Act of 1968 as Amended (12 U.S.C. Sections 1701 et
sea.) and its Related Re�ulations at 24 CFR Part 135.
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 work to be performed under this contract is subject to the
requirements of Section 3 of Housing and Urban Development Act of
1968, as amended, 12 U.S. C. section 1701 u(Section 3). The purpose of
Section 3 is to ensure that employment and other economic opportunities
generated by HZID assisted or HUD-assisted programs covered by
Section 3, shall to the greatest extent feasible, be directed to low- and
very-low income persons, particularly persons who are recipients of HUD
assistance for housing.
B. The parties to this contract agree to comply with HUD's
regulations in 24 CFR Part 135, which implement Section 3. As evidenced
by their execution of thzs contract, the parties to this contract certify that
they are under no contractual or other impediment that would prevent
them from complying with the Part 13S regulations.
C. The contractor agrees to send to each labor organization or
representative of workers with which it has a collective bargaining
agreement or other understanding, if any, a notice advising the labor
organization or workers' representatives of the contractor's commitments
under this Section 3 clause and will post copies of the notice in
conspicuous places at the work site where both employees and applicants
for training and employment positions can see the notice. The notice shall
describe the Section 3 preference, shall set forth minimum number and job
titles subject to hire, availability of apprentice and training positions, the
qualifications for each; and the name and location of the person(s) taking
applications for each of the positions; and the anticipated date the work
shall begin.
D. The contractor agrees that it will include this Section 3 clause in
every subcontract to comply with regulation in 24 CFR Part 135, and
agrees to take appropriate action, as provided in an applicable provision
of the subcontract or in this Section 3 clause, upon finding that the
subcontractor is in violation of the regulations in 24 CFR Part 135. The
CDBG PSA CONTRACT 2013-2014 - DAY RESOURCE CENTER FOR THE HOMELESS 19
contractor will not subcontract with any subcontractor where it has notice
or knowledge that the subcontractor has been found in violation of
regulations in 24 CFR 135.
E. The contractor will cert� that any vacant employment positions,
including training positions that are filed: (1) after the contractor is
selected but before the contract is executed, and (2) with persons other
than those to whom the regulations of 24 CFR Part 135. The contractor
will not subcontract with any subcontractor where it has notice oY
knowledge that the subcontractor has been found in violation of
regulations in 24 CFR 135.
F. Noncompliance with HUD's regulation in 24 CFR Part 135 may
result in sanctions, termination of this contract for default, and debarment
or suspension from future HUD assisted contracts.
G. With respect to work performed in connection with Section 3
covered Indian housing assistance, section 7(b) of the Indian Self-
Determination and Education AssistanceAct (25 U.S.C. section 450e) also
applies to the work to be performed under this Contract. Section 7(b)
requires that to the greatest extent feasible (i) preference and
opportunzties for training and employment shall be given to Indians, and
(ii) preference in tlze award of contracts and subcontracts shall be given to
Indian organizations and Indian-owned Economic Enterprises. Parties to
this contract that are subject to the provisions of Section 3 and Section
79b) agree to comply with Section 3 to the ma�imum extent feasible, but
not rn derogatron of compliance with Section 7(b). "
Section to be quoted in covered contracts ends.
14.11.2 Agencv Responsibilities for Section 3 Requirements.
City and Agency understand and agree that compliance with the provisions of
Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders
of HUD shall be a condition of the Federal fmancial assistance provided to the Program
binding upon City and Agency, and their respective successors, assigns, contractors and
subcontractors. Failure to fulfill these requirements 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 - DAY RESOURCE CENTER FOR TI� HOMELESS 20
concerns;
14.11.2.4 Assisting and actively cooperating with the HED
Department in making contractors and subcontractors
comply;
14.11.2.5 Refraining from 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 Reporting 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 award as of the date of the report.
14.12 Prohibition Against Discrimination.
14.12.1 General Statement.
Agency, in the execution, performance or attempted performance of this Contract,
shall comply with all non-discrimination requirements of 24 CFR 570.607 and the
ordinances codified at Chapter 17, Article III, Division 4— Fair Housing of the City
Code. Agency may not discriminate against any person because of race, color, sex,
gender, religion, national origin, familial status, disability or perceived disability, sexual
orientation, gender identity, gender expression, or transgender, nor will Agency permit its
ofiicers, members, agents, employees, or clients to engage in such discrimination.
CDBG PSA CONTRACT 2013-2014 - DAY`RESOURCE CENTER FOR TI-IE HOMELESS 21
This Contract is made and entered into with reference specifically to the
ordinances codified at Chapter 17, Article III, Division 3- Employment Practices of the
City Code, and Agency hereby covenants and agrees that Agency, its officers, members,
agents, employees and contractors, have fully complied with all provisions of same and
that no employee, or applicant for employment has been discriminated against under the
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:
[Contr^actor or subcontractor's name] will not unlawfully discriminate against
any employee or applicants for employment because of race, color, sex, gender, religion,
national origin, familial status, disability or perceived disability, sexual orientation,
gender identity, gender expression or transgender. Agency will take affirmative action to
ensure that applicants are hired without regard to race, color, sex, gender, religion,
national origin, familial status, disability or perceived disability, sexual orientation,
gender identity, gender expression or transgender and that employees are treated fairly
during employment without regard to their race, color, sex, gender, religion, national
origin, familial status, disability or perceived disability, sexual orientation, gender
identity, gender expression or transgender. Such action shall include, but not be limited
to, the following: employment, upgrading, demotion or transfer, recruitment or
recruihnent advertising, layoff or ternunation, rates of pay or other forms of
compensation, and selection for training, including apprenticeship. Agency agrees to post
in conspicuous places, available to employees and applicants for employment, notices
setting forth the provisions of this nondiscrimination clause.
[Contractor or subcontractor's name] will, in all solicitations or advertisements
for employees placed by or on behalf of Agency, state that all qualified applicants will
receive consideration for employment without regard to race, color, sex, gender, religion,
national origin, familial status, disability or perceived disability, sexual orientation,
gender identity, gender expression or transgender.
[Contractor or subcontractor's name] covenants that neither it nor any of its
officers, members, agents, employees, or contractors, while engaged in performing this
Contract, shall, in connection with the employment, advancement or discharge of
employees or in connection with the terms, conditions or privileges of their employment,
discriminate against persons because of their age or because of any disability or
perceived disability, except on the basis of a bona fide occupational qualification,
retirement plan or statutory requirement.
CDBG PSA CONTRACT 2013-2014 - DAY RESOURCE CENTER FOR THE HOMELESS 22
[Contractor or subcontractor's name] further covenants that neither it nor its
officers, members, agents, employees, contractors, or persons acting on their behalf, shall
specify, in solicitations or advertisements for employees to work on this Contract, a
maximum age limit for such employment unless the specified maximum age limit is
based upon
requirement.
a bona fide occupational qualification, retirement plan or statutory
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, INDENINIFY AND HOLD
CITY HARMI.ESS 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 interest or potential conflict of interest described above,
immediately upon discovery of such.
14.13.2 No persons who are employees, agents, consultants, offcers 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 CONT`RACT 2013-2014 - DAY RESOURCE CENTER FOR TF� HOMELESS 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 Surnlus 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
require ail persons or entities with which it so contracts to comply with said ordinance.
14.14.2 It is national policy to award a fair share of contracts to disadvantaged
business enterprises ("DBEs"), small business enterprises ("SBEs"), minority business
enterprises ("MBEs"), and women's business enterprises ("WBEs"). Accordingly,
affirmative steps must be taken to assure that DBEs, SBEs, MBEs, and WBEs are utilized
when possible as sources of supplies, equipment, construction and services.
14.15 Other Laws.
The failure to list any federal, state or City ordinance, law or regulation that is
applicable to Agency does not excuse or relieve Agency from the requirements or
responsibilities in regard to following the law, nor from the consequences or penalties for
Agency's failure to follow the law, if applicable.
14.16 Assignment.
Agency shall not assign all or any part of its rights, privileges, or duties under this
Contract without the prior wtitten approval of Director. Any attempted assigntnent of
same without approval shall be void, and shall constitute a breach of this Contract.
14.17. Right 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, deparhnent, commission or agency
of the United States or of any States, civil disturbances, or explosions, or some other
reason beyond Agency's control (collectively, "Force Majeure Event"), the obligations so
affected by such Force Majeure Event will be suspended only during the continuance of
CDBG PSA CONTRACT 2013-2014 - DAY RESOURGE CENTER FOR THE HOMELESS 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 INJiJRY, 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 SUBCONTRACTOR5 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,
PERFON:MANCE, 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 INDENINIFY AND HOLD HARMLESS
CITY FROM AND AGAINST ANY AND ALL INJURY, DAMAGE OR
DESTRUCTION OF PROPERTY OF CITY, ARISING OUT OF OR IN
CONNECTION WITH ALL ACTS OR ONIISSIONS 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, THAT THE INDEMNITY PROVIDED FOR THIS SECTION
INCLUDES INDEMNITY BY AGENCY TO INDEMNIFY AND PROTECT CITY
FROM THE CONSEQUENCES OF CITY'S OWN NEGLIGENCE, WHETHER
CDBG PSA CONTRACT 2013-2014 - DAY RESOURCE CENTER FOR TI� HOMELESS 25
THAT NEGLIGENCE IS ALLEGED TO BE THE SOLE OR CONCURRING
CAUSE OF THE INJiJRY, 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
$43,908.00 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 certificates by
the Effective Date, Agency shall be in default of the Contract and City may, at its option,
ternunate 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 thereoi
CDBG PSA CONTRACT 2013-2014 - DAY RESOURCE CENTER FOR THE HOMELESS 26
Commercial General Liabilitv (CGL�Insurance
$500,000 each occurrence
$1,000,000 aggregate limit
Non-Profit Organization Liability or Directors & Officers Liabilitv
$1,000,000 Each Occurrence
$1,000,000 Annual Aggregate Limit
Business Automobile Liability 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", defned 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 perfornung 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 - DAY RESOURCE CENTER FOR THE HOMELESS 27
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 otherwise eligible and authorized to do
business in the state of Texas. Insurers shall be acceptable to City insofar as their
iinancial strength and solvency and each such company shall have a current minimum
A.M. Best Key Rating Guide rating of A-: VII or other equivalent insurance industry
standard rating otherwise approved by City.
Deductible limits on insurance policies shall not exceed $5,000 per occurrence uniess
otherwise approved by City.
In the event there are any local, federal or other regulatory insurance or bonding
requirements for the Program, and such requirements exceed those specified herein, the
former shall prevail.
Agency shall require its contractors to maintain applicable insurance coverages, limits,
and other requirements as those specified herein; and Agency shall require its contractors
to provide Agency with certificate(s) of insurance documenting such coverage. Also,
Agency shall require its contractors to have City and Agency endorsed as additional
insureds (as their interest may appear) on their respective insurance policies.
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 Management Liability, and
shall protect the insured against claims arising out of alleged errors 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 - DAY RESOURCE CENTER FOR TI� HOMELESS 28
If any funds other than federally appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence an officer or employee of
any agency, member of Congress in connection with this Federal contract, grant,
loan or cooperative agreement, Agency shall complete and submit Standard
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.
Agency 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 bankruptcy or fmancial insolvency
provision of law.
20. NOTICE.
All notices required or pernutted by this Contract must be in writing and are
deemed delivered on the earlier date of the date actually received or the third day
following deposit in a United States Postal Service post office or receptacle; with proper
postage, certified mail return receipt requested; and addressed to the other Party at the
address set out below or at such other address as the receiving Party designates by proper
notice to the sending Party.
City:
City Attorney's Office
1000 Throckmorton Street
Fort Worth, TX 76102
Telephone: 817-3 92-7600
Copy to:
Director of Housing and Economic Development
1000 Throckmorton Street
Fort Worth, TX 76102
Telephone: 817-3 92-7540
CDBG PSA CONTRACT 2013-2014 - DAY RESOURCE CENTER FOR TI� HOMELESS 29
Copy to:
Program Coordinator-Housing and Economic Development
1000 Throckmorton Street
Fort Worth, TX 76102
Telephone: 817-3 92-6342
urce Center for the Homeless
1415 East Lancaster
Fort Worth, TX 76102
817-810-9797
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.
i�►a�K�lil►`Y Y �1.� 7� 711f.�
This Contract may be executed in multiple counterparts, each of which shall be
considered an original, but all of which shall constitute one instrument which may be
sufficiently evidenced by one counterpart.
[SIGNATURES APPEAR ON NEXT PAGE]
CDBG PSA CONTRACT 2013-2014 - DAY RESOURCE CENTER FOR TI� HOMELESS 30
I�'' E
4
�., .
�.
e
�iTITNESS WHEREOF, the Parties hereto have executed 4 duplicate
this Contract in Fort Worth, Tarrant County, Texas.
�i'7: J 1 : _
� _
/ Ii� LT� '_�
City Secreta �
M&C: C-26369
Date: August 6, 2013
CITY OF FORT WORTH
:
APPR VED AS TO FO AND LEGALITY:
, ;
�._.- ' �i ��..�- K� � �..�11.�1.��...13.e-
Assistant City Attorney
1 :_ _ :�
By: _
Name:
Title:
URCE CENTER FOR THE OMELESS
�v�o�'e�� � �1.,5 ( �
� � ��
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on , 2013 by
Fernando Costa, Assistant City Manager of the Cixy f Fort Worth, on behalf the City of
Fort Worth.
� � ��;�.��. �,;r����s
��' Notary Publlc, Stote oi iexas
�� € My Commission Expires
>� `;;`''� July 10, 2017
��„
otary Public, State of Texas
STATE OF TEXAS §
COUNTY OF TARRANT §
This i strument was acknowledged before me on a3 , 2013 by
[Name], th � [Title] of ay Resource Center• for the
Homeless, a Texas non-profit corporation, o e. f of said cor�qratio� � n
SARAHJ.ODLE
MY COMMISSION EXPIRES
November 5, 2015
� , . �'�
: .'
.
CDBG PSA CONTRACT 2013-2014 — DAY RESOURCE CENTER FOR TI� HOMELESS 31
Fernando Costa, Assistant City Manager
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 - DAY RESOURCE CENTER FOR THE HOMELESS 32
Day Resource Center for the Homeless EXHIBIT A
Counseling/Case Management PROGRAM SUMMARY
PROGRAM SUNIMARY
Community Development Block Grant
(CDBG)
October 1, 2013 to September 30, 2014
PERIOD
$43,908.00
AMOUNT
PROGRAM:
The program will provide homeless persons in Fort Worth case management and
counseling services. Program services include case management for each client to achieve
rehousing and employment through life-skills training and developing management plans
relating to behavioral health, primary health, drugs and alcohol rehabilitation.
CDBG funds will be used to pay for salaries and fringe benefits, FICA, and health
insurance for program employees.
Program services will be provided at 1415 East Lancaster Avenue, Fort Worth, TX 76102;
9:00 a.m. to 4:00 p.m, Monday through Friday.
REGULATORY CLASSIFICATION:
IDIS Matrix Code(s) and Service Category: OS Other Public Services
National Objective Citation: LMC Low/Mod Limited Clientele 24 CFR 570.208(a)(2)
Regulatory Citation(s): 24 CFR 570.201(e)
Based on the nature of the service provided, Agency will maintain documentation that
verifies that 100% of clients served by the Program are Homeless Persons per the Presumed
Benefit CDBG clientele category and therefore are at or below 80% of Area Median Income
(AMn as established or defned by the United States Department of Housing and Urban
Development (HUD).
PROGRAM GOALS:
Provide program services to approximately 200 Unduplicated Clients
EXHIBIT A- CDBG: DAY RESOURCE CENTER FOR THE HOMELESS
EXHIBIT "A-1"
2013 HUD INCOME LIMITS
2013 Median Family Income — Fort Worth/Arlington, TX*
1 Person 2 Persons 3 Persons 4 Persons 5 Persons 6 Persons 7 Persons 8 Persons
30%AMI $13,850 $15,800 $17,800 $19,750 $21,350 $22,950 $24,500 $26,100
50% AMI $23,050 $26,350 $29,650 $32,900 $35,550 $38,200 $40,800 $43,450
80%AMI $36,900 $42,150 $47,400 $52,650 $56,900 $61,100 $65,300 $69,500
�Income limits are established and published at least annually by HUD.
EXHIBIT "A-2"
I�1►`►i/ I:Z�]►iu 1�1`►Y 11� �►� I Y 11 Cllr Y[�7►/�KI IlT�7�i
� ' 1 ' 1
EXHIBIT B - BUDGET
FUNDING B:
FUNDING C:
EXHIBIT B- CDBG: DAY RESOURCE CENTER FOR THE HOMELESS
The following tables are purely informational and were created solely for purposes of preparing, negotiating, and determining the
reasonableness of the overall line item budget on the first page of this EXHIBIT B— BUDGET and are not to be considered part of the
terms and conditions of this Contract. Contractor may make changes to any column except the "Position" column in the "Salary
Detail" table without the City's consent so long as the total amounts charged to the grant do not exceed the line items on the first page
of the EXHIBIT B— BUDGET," Changes to the column labeled "Position" may only be made with the prior written consent of the
City.
SALARY DETAIL
Position Name Rate Annual Hours Percent to Grant Amount to Grant
LMSW 40,000 2080 100% 40,000
Counselor/Case
Mana er
FRINGE DETAIL
Percent of Payroll Amount Percent to Grant Amount to Grant
FICA 7.65% 3,060 100% 3,060
Life Insurance
Health Insurance 14.5% 5,809 15% 848
Unemplo ment
Workers Compensation
Retirement
►����11�.Y:\�I�I.��l:�i/Cy�I.�
Total Budget Percent to Grant Amount to Grant
Office Sup lies 8,500 0% $0
Office E uipment Rental
Postage
Printing
MISCELLANEOUS
Total Bud et Percent to Grant Amount to Grant
Contract Labor
Craft Su lies
Facilit Fees n/a
Field Tri Costs
Food Su lies
Teaching Aids
FACILITY AND UTILITIES
Total Budget Percent to Grant Amount to Grant
Tele hone
Electric n/a
Gas
Water and Wastewater
Solid Waste Disposal
Rent
Custodial Services
Repairs
Cleaning Supplies
EXHIBIT B- CDBG: DAY RESOURCE CENTER FOR THE HOMELESS 2
FINANCIAL AND INSURANCE
Total Budget Percent to Grant Amount to Grant
Fidelity Bond (or Equivalent) n/a
General Commercial Liabilit
Directors and Officers
Contract Accounting
171,7��JIIITsX`l�.`111I��[�1�!
Total Bud et Percent to Grant Amount to Grant
Childcare Scholarshi s n/a
Short-Term Rent Assistance
Short Term Mort a e Assistance
Short Term Utilities Assistance
Tenant Based Rental Assistance
EXHIBIT B- CDBG: DAY RESOURCE CENTER FOR THE HOMELESS 3
EXHIBIT "C"
Audit Certification Form
[See attached]
AUDIT CERTIFICATION FORM AND AUDIT REQUIREMENTS
Agency:
Fiscal Year Ending:
September 30, 2014
❑ During the fiscal year in which funds will be received, we will exceed the federal expenditure
threshold of $500,000. We will have our Single Audit or Program Specific Audit completed and
will submit the A-133 audit report within seven (7) months after the end of the audited fiscal year
or thirty (30) days within its completion, whichever is the earlier date.
�During the fiscal year in which funds will be received, we will not exceed the $500,000 federal
expenditure threshold required for a Single Audit or a Program Specific Audit to be performed this
fiscal year. (Fill out schedule below)
Federal Grantor
�/-� Y
�s� � 2�c= cc�
-,
� l�%L�� i?��L-Z�-�s
Federal Expenditure Disclosure
MUST be filled out if Sin le Audit or Pro ram Audit is NOT re uirec
Pass Through Program Name & Contract
Grantor CFDA Number Number
Total Federal
��CT
Signatory and Title
D-e
Expenditures
/G � �
Date
Failure to submit this or a similar statement or failure to submit a completed single audit package as
described in the federally required audit requirements described in OMB Circulars A-133 by the
required due date may result in suspension of funding and may affect eligibility for future funding.
Notwithstanding the above, this certification acknowledges the agency's commitment to meet all
other financial reporting, financial statements, and other audit requirements as may be set forth
in the Contract.
for this Fiscal Year:
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 subj ect to the
Signature and Date:
Name:
Title:
Attac6ment II
City o[Fort Worth
Houstng aod Economic Development Department
E:pendlNre Worksheet
Agcnty: Name
Pmglam: Pro nm Name
�Paymtl must iden[ify employce. Reut must identify �enant. Olherpaymrnts should identify individuel:
Hig6lighted are the only relevant codes forthis Progrnm.'. ��� �
Exhibit "E"
Form of Income Self-Certification
[See attached]
CERTIFICATION OF INCOME STATEMENT
A�aplicant Name:
Current Address:
Last Name
Phone #:
First Name
Household Members and Income
Age IMonthly ( Source/Employer Name
Income
**PERSONAL INFORMATION: (Check one in each item. Optional Information for Federal Reporting Purposes)
a. ❑ MALE b. 0 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 NATNE & BLACK/AFRICAN AMERICAN
c. ETHNICITY d. DISABLED
❑ HISPANIC ❑ YES
❑ NON-HISPANIC ❑ NO
* TOTAL NUMBER OF HOUSEHOLD
MEMBER5
Total Anticipated Annual Household Income:
Certification:
(Include Yourself AND everyone who
lives in the house.)
I certify that the information I am providing is hue 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 IS� SECTION lOOl OF THE U.S. CODE STATES THAT A PERSON IS GUILTY OF A FELONY
FOR KNOWINGLY AND WILLINGLY MAHING FALSE OR FRAUDULENT STATEMENTS TO ANY DEPARTMENT OF
THE UNITED STATES GOVERNMENT.
Signature of Applicant
Date
For use by funding agency:
Household Size:
Income Limit:
e. IS CLIENT WOMEN HEAD OF HOUSEHOLD
❑ 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 ag r e In rg esos
**INFORMACION PERSONAL: (Seleccione uno en cada categoria. Informacion opcional para propositos de informacibn Federal)
a. ❑ MASCULINO b. ❑ CAUCASICO ❑ NEGRO/AFRICANO AMERICANO
❑ NEGRO/AFRICANO AMERICANO & CAUCASICO
❑ FEMININO ❑ INDIO AMERICANO/NATIVO DE ALASKA ❑ ASIATICO
❑ INDIO AMERICANO/NATIVO DE ALASKA & CAUCASICO ❑ ASIATICO & CAUCASICO
❑ NATIVO HAWAIANO/OTRO DE LAS ISLAS PACIFICAS ❑ BALANCE/OTRO
❑ INDIO AMERICANO / NATIVO DE ALASKA & NEGRO/AFRICANO AMERICANO
c. ETNICIDAD d. DISCAPACITADO e. �ES EL SOLICITANTE i7NA MUJER Y CABECERA DEL HOGAR?
❑ HISPANO ❑ SI ❑ SI
❑ NO-HISPANO ❑ NO ❑ NO
* NLTMERO 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:
Persona haciendo la determinacion: Fecha:
Ingreso Anual:
�Es el solicitante elegible? :
Exhibit "F" - Standards for Complete Documentation
[See attached]
2013-2014 Documentation Standards for
Public Service Contract Expenses
employee works solely with Contract elgible ciients and solely on Contract eligible items, then the empioyee's entire salary is eligible fc
wrsement. Twice in each calendar year, �he dient must aubmit a written statement veritying that the above conditions are still true. The
ment must also be eigned be a person authorized to sign on behalf of ihe agency.
an empbyee vrorks on a vadety of programs, or vrorks with a miuture of ConUact elgible Gienta and non-elgible dients, then the Ciry will oniy
Imburse tor a reasonable portion of the empioyee's salary. Each reimbursement request must inciude not onty the employee's timesheet, but also
vrork log breaking out the employee's time by pmject or activity. For employees pald wilh muiNple lunding sourcas, timesheete must ra0ect afl
❑ding sources. If separate timesheets ara kepl for each funding source, all such timesheets must be aubmitted to City.
empbyees are paid by direct daposit rather than check, then the agency must aubmit both the direct deposA payment company's report (such as
ADT report) and a bank statemenl or check showing payment to the direct deposil company.
cumentadon of how the invoiced amounl was calculated, and Inciude documentation showing payment.
he Ciry pays gross salary, ihis Is aiready inciuded. If we pay the empbyer portion, then ihe empbyer must ahow a calculafion and doa
how the invoiced amounl was caiculated, must include an invoice from ihe insurer, and must indude documentation ahowing payment.
he Grty pays gross saiary, thia
how the involced amount was
nclUtletl. II we pay the empbyer porton, then Ute employer must snow a calculaWn ana aocl
musl include an invoice from the insurer, and must include documentation ahowing payment.
ne ciry pays gross saiary, m�:
how ihe invoiced amount was
pays
nauaea. u we pay tne empwyer.
must include an invo(ce from the
1^I1Tl�]
nen me empioyer must anow a caicuiaaon ana aoci
and must indude documentatan showing payment.
we pay gross saiary, mis �s aveaay mcmaea. u we pay me empioyer pomon, men tne emptoyer must snow a caicmaaon ana aocumen[aoon �
e invoiced amounl was calwlated, must and include documentation ahowing payment, and prior to tha first reimbursement, must indude the
3raonnel lic r a`din retirement benefits.
:.� - '�...�,r-.,�.r. �.u-» � ;-..w,-.�--„ �:�.,�;; -
an eudil is required because federal funds exceed 5500,000, ihen ihe cost should be aplit evenly by all federai funding sources.
ie agency shouM maintain information regarding maibuts. If the agency has a Pitney Bowes machine or like poatage machine, the recorda oi
echine must be on file. Likewise, If mail Is categorized by paymenl source, then ttrose records must be on Tile. For large mailouts, the agency
ion to admisslon expe�ses, food expenaes will also be allowetl so bng as the egency
purchases on all field trips, rrotjust Contract-funded field trips.
�
the Contract
�
r requires that the agency submil its fee schedule, ahowing a b�eakout of income levels, and lor each level a breakout of the portbn of the
�ense �o be paid by family and the portbn to be reimbursed by the Cily. This fee schedule is requlred prior lo the first payment. We also require
income eligiblity of each household so itiat we can determi�e If we are being changed in confortnence with ihe fee schedule. If the fee schedule
nges at any time during the contract year, ihe agency must noti(y City and provide a new schedule with(n 30 days of the change.
'Proof of payment effective October 1, 2013' Payments or Expenses musl be documented in the folbwing manner:
A) Image o( the check AND bank statement showing ihe check cleared the bank; OR,
B) Image of ihe cancelled check (ex. At end of bank atatement); OR,
C) Payroll'Advace' or Slalement AND Bank Statement Indicating payroll; OR,
D) For wire or atransfera: Reciept or statement from payee/vandor OR bank statement.
EXHIBIT "G"
SECTION 3 REPORTING FORMS
�Section 3 Summary Report
Economic Opportunities for
Low — and Very Low-Income Persons
U.S. Department of Housing
and Urban Development
Office of Fair Housing
And Equal Opportunity
' Program Codes 3= PubliGlndian Housing 4= Homeless Assistance
1= Flexibie Subsidy A= Developmenl, 5= HOME
2= Seclion 202/811 B= Operation 6= HOME Slate Administered
C= ModernizaHon 7= CDBG En6tlement
Page 1 of 2
EXHIBIT "G"
OMB Approval No: 2529-0043
(exp. 11 /30/2010)
HUD Field Office: �
8 = CDBG State Administered
9 = Other CD Programs
10 = Other Housing Programs
form HUD 60002 (6/2001)
Ref 24 CFR 135
Seclion back of page for P�biic Reporting Burden statement
Part II: Contracts Awarded
Construction Contracts:
A. Total dollar amount of all contracts awarded on the project
B. Total dollar amount of contracts awarded to Section 3 businesses
C. Percentage of the total dollar amount that was awarded to Section 3 businesses
D. Total number of Section 3 businesses receiving contracts
2. Non-Construction Contracts:
%
A. Total dollar amount ail non-construction contracts awarded on the projecUactivity ( $
B. Total dollar amount of non-construction contracts awarded to Section 3 businesses I $
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 low-income persons, particularly those who
are recipients of government assistance for housing. (Check all that apply.)
Attempted to recruit Iow-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 Iocated, or similar methods.
Participated in a HUD program or other program which promotes the training or empioyment 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, including the time for reviewing instructions,
searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information.
This agency may not collect this information, and you are not required to complete this form, unless it displays a currently valid OMB
number.
Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 u, mandates that the Department ensures that
employment and other economic opportunities generated by its housing and community development assistance programs are directed
toward Iow- and very-low income persons, particularly those who are recipients of government assistance housing. The 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
invoives recipients receiving Federal financial assistance for housing and community development programs covered by Section 3. The
information will be collected annually to assist HUD in meeting its reporting requirements under Section 808(e)(6) of the Fair Housing Act
and Section 916 of the HCDA of 1992. An assurance of confidentiality is not applicable to this form. The Privacy Act of 1974 and OMB
Circular A-108 are not applicable. The reporting requirements do not contain sensitive questions. Data is cumulative; personal identifying
information is not inciuded.
Page 2 of 2 fortn HUD 60002 (11/2010)
Ref 24 CFR 135
Form HUD-60002, Section 3 Summary Report, Economic Opportunities for Low- and Very Low-Income Persons.
Instructions: This form is to be used to report annual
accomplishments regarciing 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 apply 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 excess of 5200,000 expended for: (1) housing
rehabilitation (inciuding reduction and abatement of lead-based paint
hazards); (2) housing construction; or (3) other public construction
projects; and to contracts and subcontracts in excess of$100,000
awarded in connection with the Section-3-covered activity.
Form HUD-60002 has three parts, which are to be compieted for
all programs covered by Section 3. Part I relates to employment
and training. The recipient has the option to determine numerical
employmenUtraining goals either on the basis of the number of hours
worked by new hires (columns B, D, E and F). Part II of the form
relates to contracfing, and Part III summarizes recipients' efforts to
comply with Section 3.
Recipients or contractors subject to Section 3 requirements must
maintain appropriate documentation to establish that HUD financial
assistance for housing and community development programs were
directed toward low- and very low-income persons.' A recipient of
Section 3 covered assistance shali submit one copy of this report to
HUD Headquarters, O�ce of Fair Housing and Equal Opportunity.
Where the program providing assistance requires an annual
performance report, this Section 3 report is to be submitted at the
same time the program performance report is submitted. Where an
annual performance report is not required, this Section 3 report is to be
submitted by January 10 and, if the project ends before December 31,
within 10 days of project completion. Only Prime Recipients are
required to report to HUD. The report must include
accomplishments of all recipients and their Section 3 covered
contractors and subcontractors.
HUD Field O�ce: Enter the Field O�ce name .
1. Recipient: Enter the name and address of the recipient
submitting this report.
2. Federai 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 dollar amount, rounded to the
nearest dollar, received by the recipient.
4& 5. Contact PersonlPhone: Enter the name and telephone number
of the person with knowiedge of the award and the recipienYs
implementation of Section 3.
6. Reporting Period: Indicate the time period (months and year)
this report covers.
7. Date Report Submitted: Enter the appropriate date.
8. Program Code: Enter the appropriate program code as listed at
the bottom of the page.
9. Program Name: Enter the name of HUD Program corresponding
with the "Program Code" in number 8.
Part I: Employment and Training Opportunities
Column A: Contains various job categories. Professionals are
defined as people who have speciai 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 such as
service workers.
Coiumn 8: (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 contractors
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 C: (Mandatory Field) Enter the number of Section 3 new
hires for each category of workers identified in Column A in
connection with this awarcl. 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 all 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 employees and trainees (including new hires) connected
with this award. Include staff hours for part-time and full-time
positions.
Column F: (Mandatory Field) Enter the number of Section 3
residents that were trained in connection with this award.
Part II: Contract Opportunities
Block 1: Construction Contracts
Item A: Enter the total doilar amount of all contracts awarded on the
projecUprogram.
Item B: Enter the total dollar amount of contracts connected with this
project/program that were awarded to Section 3 businesses.
Item C: Enter the percentage of the total dollar amount of contracts
connected with this projecUprogram awarded to Section 3 businesses.
Item D: Enter the number of Section 3 businesses receiving awards.
Block 2: Non-Construction ConVacts
item A: Enter the total dollar amount of all contracts awarded on the
projecUprogram.
Item B: Enter the total dollar amount of cont�acts connected with this
project awarded to Section 3 businesses.
Item C: Enter the percentage of the total dollar amount of contracts
connected with this projecUprogram awarded to Section 3 businesses.
Item D: Enter the number of Section 3 businesses receiving awards.
Part III: Summary of Efforts — Seif -explanatory
Submit one (1) copy of this report to the HUD Headquarters Office of
Fair Housing and Equal Opportunity, at the same time the
performance report is submitted to the program o�ce. The Section 3
report is submitted by January 10. Inciude only contracts executed
during the period specified in item 8. PHAs/IHAs are to report all
contracts/subcontracts.
` The terms "low-income persons" and very low-income persons° have
the same meanfngs given the terms in section 3(b) (2) of the United
States Housing Act of 1937. Low-income persons mean families
(including single persons) whose incomes do not exceed 80 percent of
the median income for the area, as determined by the Secretary, with
adjustments for smailer and larger families, except that
C�III
The Secretary may establish income ceilings higher or lower than 80 percent
of the median for the area on the basis ot the Secretary's findings such that
varietions are necessary because of prevailing levels of construction costs
or unusually high- or low-income families. Very low-income persons mean
low-income families (including single persons) whose incomes do not
exceed 50 percent of the median family income area, as determined by the
Secretary with adjustments or smaller and larger families, except that the
Secretary may establish income ceilings higher or iower than 50 percent of
the median for the area on the basis of the Secretary's findings that such
variations are necessary because of unusually high or low family incomes.
form HUD 60002 (11/2070)
Ref 24 CFR 135
EXHIBIT "H" — Severely Disabled Certification Form
[See attached)
[AGENCY]
CERTIFICATION FORM
DOCUMENTING CLIENT STATUS AS "SEVERELY DISABLED ADULT"
Client Name:
Address:
City, State, Zip
Client Identification No.
CHECK ALL THAT APPLY
�
u
U
,�,
❑�
C
Has used a wheelchair, a walker, cane , crutches or other special aid for six
months or longer
Has been diagnosed with one of the following conditions: Alzheimer's
disease, mental retardation or other developmental disability, senility or
dementia, cerebral palsy, or autism; or has another mental or emotional
condition that seriously interferes with everyday tasks.
Is unable to perform one or more of the following "Functional Activities":
seeing, hearing, speaking and having one's speech understood, lifting or
carrying, using stairs, grasping small objects, or walking.
Is unable to perform or needs assistance to perform one or more of the
following Activities of Daily Living (ADL): getting around inside the home,
getting in or out of bed or a chair, bathin , dressing, eating, and toileting.
Is unable to perform or needs assistance to perform one or more of the
following Instrumental Activities of Daily Living (IADL): going outside the
home, keeping track of money and bills, preparing meals, doing light
housework, taking prescription medications in the right amount and at the right
time, and using the telephone.
Has a condition that prevents them from working at a job or doing housework.
The undersigned agency representative conducted a visual assessment of 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 of August 30, 2013
:.
� � .�' �` � � •' . 1 ��. � [:
DATE (MM/DD/YYYY)
THIS CER'iIFICATE IS ISSUED AS A MATTER OF INFORMATION ONIY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate hoider in lieu of such endorsement(s1.
PRODUCER
Higginbotham Insurance Agency, Inc.
500 W. 13th Street
Fort Worth TX 76102
INSURED
J��Li��
Day Resource Center For the Homeless
1415 E. Lancaster Ave
Fort Worth TX 76113
COVERAGES
CERTIFICATE NUMBER: 145108736
REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WiTH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO AlL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR � POLICY EFF POLICY EXP
LTR TYFE OF INSURANCE INSR YWD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS
A GENERALLIABILI7Y HPK823922 /4/2013 /4/2014 EACHOCCURRENCE $1,000,000
X COMMERCIAL GENERAL lfABiLITY PR M SES�Ea occur ence 5100,000
CLAIMS-MADE � OCCUR MED EXP (My one person) $5,000
PERSONAL&ADVINJURY $1,000,000
GENERALAGGREGATE $3,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $3,000,000
POLICY PR� LOC $
A AUTOMOBILE LIABILITY PHPK823922 /4/2013 /4/2014 Ea accident 1 000 000
ANY AUTO BODILY INJURY (Per person) $
ALLOWNED X SCHEDULED BODILYINJURY(Peraccidenl) $
AU70S AUTOS
X X NON-OWNED PROPERTYDAMAGE $
HIREDAUTOS AUTOS Peraccident
$
UMBREIIA LIAB pCCUR EACH OCCURRENCE $
EXCESS LIAB CLAIMS-MADE AGGREGATE $
DED RETENTION $ $
g WORKERS COMPENSATION BP0001103639 14/2013 /4/2014 X WC STATU- OTH-
AND EMPLOYERS' LIABILITY Y/ N
ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ N� A E.L. EACH ACCIDENT $1,000,000
OFFICE WMEMBER EXCLUDED?
(Mandatory In NH) E.L. DISEASE - EA EMPLOYE $1,000,000
If yes, describe under
DESCRIPTION OF OPERATIONS below E.L. �ISEASE - POLICY LIMIT $1,000,000
� Directors & O(ficers 7582527 /11/2013 /11/2014 $1,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required)
RE: CDGB Grant
Certificate holder is included as Additional Insured on the General Liability policy where required by written contract but only in accordance
with policy terms, conditions and exclusions and only with respect to liability arising out of operations of the named insured.
City of Fort Worth
1000 Throckmorton Street
Fort Worth TX 76102-6311
INSURER 8 :
INSURER C :I
INSURER D :
INSURER E :
INSURER F :
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED
O 1988-2010 ACORD CORPORATION. All rights reserved.
ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD
M&C Review
Page 1 of 6
Official site of the Ciry of Fort Worth, Texas
CITY COUNCIL AGENDA FORT� H
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
http://apps.cfwnet.org/council�acket/mc review.asp?ID=18629&councildate=8/6/2013 8/21/2013
M&C Review
necessary for completion of the program;
Page 2 of 6
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
http://apps.cfwnet.org/council�acket/mc review.asp?ID=18629&councildate=8/6/2013 8/21/2013
M&C Review Page 3 of 6
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:
http://apps.cfwnet.org/council�acket/mc review.asp?ID=18629&councildate=8/6/2013 8/21/2013
M&C Review
Non-Profit Service Providers - $884,305.35
HOPWA Program Administration - $27,349.65
� . �' � • �
For Program Year 2013-2014, it is recommended that the amount of $425,325.00 in ESG funds be
allocated as follows:
Non-Profit Service Providers - $393,425.62
ESG Program Administration - $31,899.38
The CDC and Staff recommend that contracts be executed with the agencies listed below in the amounts
shown in the following tables:
Community Development Block Grant:
Table 1- CDBG A encies
Or anization Pro ram Amount
Cenikor Foundation Substance Abuse
Treatment $ 82,075.00
Childcare Associates Childcare Associates $ 35,335.00
Clayton Child Care. Inc. d/b/a Clayton Out of School Time
YES! $ 82,326.00
Counseling/Shelter
Day Resource Center for the Homeless Based Case
Mana ement $ 43,908.00
Girls Inc. of Tarrant County Girls Inc. Northside Fort
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
http://apps.cfwnet.arg/council�acket/mc review.asp?ID=18629&councildate=8/6/2013 8/21/2013
M&C Review
�.
TOTAL CDBG Contracts
the CDBG Housing Programs budget.
Housing Opportunities _For Persons With AIDS:
Page 5 of 6
� $ 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 proarams are available in ALL COUNCIL DISTRICTS.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above recommendations,
adoption of the attached appropriation ordinance and receipt of grant funds, funds will be available in the
current operating budget, as appropriated, of the Grants Fund.
TO Fund/Account/Centers
GR76 451727 017206650XXX $6,079,622.00
GR76 5XXX)CX 017206650XXX $6,079,622.00
GR76 451727 017206653XXX
GR76 5XXXXX 017206653XXX
GR76 451727 017206654XXX
GR76 ..5__XXX)CX 017206654XXX
GR76 451685 017206650XXX
GR76 5XXX)CX 017206650XXX
�425.325.00
$425.325.00
$911,655.00
� 11.655.00
�50 000.00
$50.000.00
FROM Fund/Account/Centers
http://apps.cfwnet.org/council�acket/mc review.asp?ID=18629&councildate=8/6/2013 8/21/2013
M&C Review
GR76 451685 0172060651XXX
GR76 5XXXXX 017206651XXX
GR76 451727 017206651XXX
GR76 5XXXXX
0172066b1XXX
$250.000.00
250 000.00
$1,996,541,00
$1,996,541.00
Submitted for City Manager's Office b� Fernando Costa (6122)
Originatinq Department Head:
Additional Information Contact:
Cynthia Garcia (8187)
Page 6 of 6
Robert Sturns (8003)
Leticia Rodriguez (7319)
ATTACHMENTS
17HUDACTPLANPY13-14 A013 VG(1 .�
2013-18ConPlanMemo HED6.4.13CG.pdf
ActionPlan 2013-14 funding recommendations.pdf
List of Selected Street for Action Plan 2013.�df
http://apps.cfwnet.org/council�acket/mc review.asp?ID=18629&councildate=8/6/2013 8/21/2013