HomeMy WebLinkAboutContract 55590CSC No. 55590
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 Avance-Dallas, Inc. (hereafter "Agency"), a Texas non-profit
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-20-MW-48-0010, Catalog of Federal Domestic
Assistance No. 14.218;
WHEREAS, City has received an additional allocation of CDBG grant monies
under the Coronavirus Aid, Relief, and Economic Security Act ("CARES" Act), referenced
by HUD as "CDBG-CV3";
WHEREAS, the CDBG regulations and related HUD guidance publications
establish all requirements for the CDBG-CV3 funds except for those specifically described
in this Contract as deriving from the CARES Act;
WHEREAS, a national objective of the CDBG program is to benefit low and
moderate income citizens in accordance with 24 CFR Part 570, as amended from time to
time;
WHEREAS, Agency submitted a proposal and was selected to use CDBG-CV
funds to provide eligible public services to individuals and families, 51 % of whom
must be low and moderate income;
WHEREAS, City citizens, the Community Development Council, and the City
Council have determined that CDBG-CV3 programs are needed by the City's citizens to
respond to the impact of the Coronavirus Pandemic.
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.
CDBG-CV3 100% PSA CONTRACT CARES ACT 2020 Page 1
AVANCE-DALLAS, Inc. Rev. O1/15/2021
�FFICIAL RECORD
CITY SECRETARY
FT. W�RTH, TX
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 2020 income
limits are attached hereto as EXHIBIT "A-1" — 2020 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.
Complete Documentation means the following documentation as applicable:
• Attachments I, II, and III, with supporting documentation including:
o Proof of expense: copies of timesheets, invoices, leases, service
contracts or other documentation showing that payment is due by
Agency.
o Proof of payment: cancelled checks, bank statements, or wire
transfers necessary to demonstrate that amounts due by Agency were
actually paid by Agency.
o Proof of client eligibility: (i) Source documentation of household
income, or (ii) only if source documentation is not available,
verifiable self-certification of income such as the City's Certification
Income Statement attached as EXHIBIT "E" — Form of Income
Self-Certification or a similar form approved by City, and
documentation of client need directly related to and/or caused by the
Coronavirus Pandemic; and other eligibility documentation further
described in Exhibit "A" — Program Summary.
• 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-CV3 Funds means the CDBG-CV3 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.
Countywide Agencies means agencies with 10% or more of clients that reside outside of
the boundaries of the City. All other agencies are considered Fort Worth agencies.
DBE means disadvantaged business enterprise in accordance with 49 CFR Part 26.
CDBG-CV3 100% PSA CONTRACT CARES ACT 2020 Page 2
AVANCE-DALLAS, Inc. Rev. O1/15/2021
Director means the Director of the Neighborhood Services Department.
Effective Date means January 1, 2021.
HUD means the United States Department of Housing and Urban Development.
IDIS means Integrated Disbursement Information System, HUD's project tracking
system.
Income 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. The definition of annual income to
determine client income eligibility shall be the definition contained in 24 CFR Part 5.609,
as amended from time to time.
National Objective means an activity that benefits low and moderate income persons. For
the purposes of this Contract, at least 51 % of the clients served by the Program must be
Income Eligible Clients.
Neighborhood Services Department means the City's Neighborhood Services
Department.
OMB means the Office of Management and Budget.
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 documentation of full household income of any type
described under the definition of annual income in 24 CFR Part 5.609, including but not
limited to copies of paychecks, Social Security and disability verification letters, interest
or rental income statements, retirement income statements, child support and alimony
verification, unemployment benefit letters, and the like.
Unduplicated Clients means a count of all clients served by the Program at least once in
the Contract Term. Clients served by the Program more than once in the Contract Term
will only be counted the first time they are served when determining the total count of
Unduplicated Clients.
3. TERM.
The term of this Contract begins on the Effective Date and terminates eighteen (18)
months following the date of Contract execution unless earlier terminated as provided in
this Contract. This Contract may be extended if such eXtension is necessary for completion
of the program and is authorized by the CDBG Regulations and the City's Grant
CDBG-CV3 100% PSA CONTRACT CARES ACT 2020 Page 3
AVANCE-DALLAS, Inc. Rev. O1/15/2021
Agreement with HUD. The Contract Term shall include any extension, if eXercised, as
provided herein.
4. DUTIES AND RESPONSIBILITIES OF CITY.
4.1 Provide CDBG-CV3 Funds.
City shall provide up to $50,000.00 of CDBG-CV3 Funds under the terms and
conditions of this Contract.
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. Monitoring
by City will include determining whether Agency is meeting the National Objective
during the term of this Contract.
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-CV3 Funds.
5.2.1. Compliance with CDBG Re�ulations and Contract.
Agency shall be reimbursed for eligible Program costs with CDBG-CV3 Funds
only if City determines in its sole discretion that:
5.2.1.1 Costs are eligible expenditures in accordance with CDBG
Regulations.
5.2.1.2 Costs are in compliance with this Contract and are reasonable
and consistent with industry norms.
5.2.1.3 Complete Documentation, as applicable, is submitted to City by
Agency.
5.2.1.3 Costs are in compliance with HUD guidance regarding use of
CDBG-CV3 funds and HUD CPD Notice published at FR 6218-
N-01.
5.2.2 Bud�et•
5.2.2.1 The CDBG-CV3 Funds will be paid on a reimbursement basis
in accordance with EXHIBIT `B" - Budget.
5.2.2.2 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
CDBG-CV3 100% PSA CONTRACT CARES ACT 2020 Page 4
AVANCE-DALLAS, Inc. Rev. O1/15/2021
decreases are necessary. All requests shall be approved by
Director or Director's designee in writing, with such approval
being in the City's sole discretion. If the Agency's proposed
Budget amendment is approved (as approved, the "Amended
Budget"), then the Amended Budget shall be memorialized in
a written amendment to this Contract. The Amended Budget will
take effect on the first day of the month following the month in
which the Contract amendment is executed, unless otherwise
specified in the amendment. All requests for Budget
amendments must be submitted no later than 90 days prior to the
date of the end of the term of this Contract.
5.2.3 Change in Program Budget.
5.2.3.1 Agency will notify City promptly of any additional funds it
receives for operation of the Program, and City reserves the right
to amend this Contract in such instances to ensure compliance
with HUD regulations governing cost allocation.
5.2.3.2 Agency agrees to utilize the CDBG-CV3 Funds to supplement
rather than supplant funds otherwise available for the Program.
5.2.4 Pavment of CDBG-CV Funds to A�ency.
CDBG-CV3 Funds will be disbursed to Agency upon City's approval of
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 completion of 90% of performance goals , City may hold back a small amount of the
CDBG-CV3 Funds until the end of the term to ensure completion of all performance goals.
During this interim period, Agency must continue to submit Attachment III — Client Data
Report in EXHIBIT "D" — Reimbursement Forms monthly. It is expressly agreed by
the Parties that any CDBG-CV3 Funds not spent or approved for reimbursement to Agency
shall remain with City.
5.3 Pro�ram Performance Milestones.
5.3.1 Agency represents that the Program will achieve the following milestones
in accordance with EXHIBIT "A" — Pro�ram Summary and the table below:
Unduplicated Clients as
specified in EXHIBIT
"A" — Program
Month
6
9
12
15
enditures Summ�
15% 15%
30% 30%
50% 50%
65% 65%
80% 80%
CDBG-CV3 100% PSA CONTRACT CARES ACT 2020 Page 5
AVANCE-DALLAS, Inc. Rev. O1/15/2021
18 100% 100%
5.3.2 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 in its sole option to (i) delay or withhold
payment of Reimbursement Requests, (ii) lower Agency's allocation of CDBG-CV Funds,
or (iii) terminate this Contract.
5.3.3 Failure to meet at least 80% of its performance milestones or serve 180
Unduplicated Clients under this Contract may, in City's sole discretion, disqualify Agency
for consideration under future City Requests for Proposals for federal grant funds.
5.3.4 Amendments to performance milestones regarding CDBG-CV3 Funds 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 amended performance milestones
(as approved, the "Amended Performance Milestones"), then the Amended
Performance Milestones shall be memorialized in a written amendment to this Contract.
The Amended Performance Milestones will take effect on the first day of the month
following the month in which the Contract Amendment is executed unless otherwise
specified in the amendment. All requests for amendments to performance milestones must
be submitted by six months prior to the date of the end of the term of this Contract. .
Notwithstanding the above, any amendments to this Contract shall not reduce the number
of Unduplicated Clients stated in Section 5.3.3 and in EXHIBIT "A" - Program
Summary.
5.4 Identifv Pro�ram Expenses Paid with CDBG-CV3 Funds.
Agency will keep accounts and records in such a manner that City may readily
identify and account for Program eXpenses reimbursed with CDBG-CV3 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 shall ensure that the activities carried out in the Program will meet the
National Obj ective.
5.6 Program Subcontracts.
Agency shall not enter into a subcontract with another agency, contractor, or vendor
to provide a service to clients for any part of the Program that will be paid with CDBG-
CV3 Funds without City's written consent.
CDBG-CV3 100% PSA CONTRACT CARES ACT 2020 Page 6
AVANCE-DALLAS, Inc. Rev. O1/15/2021
CLIENT ELIGIBILITY VERIFICATION.
6.1 Client Eli�ibility.
Agency will document client eligibility as follows:
6.1.1 A�encv Clients.
Agency must verify all new clients' income with Source Documentation, or, only
if Source Documentation is not available, with a verifiable self-certification of income such
as the City's Certification of Income Statement attached as EXHIBIT "E" — Form of
Income Self-Certification or a similar form approved by City. Agency must use the
annual income definition in 24 CFR Part 5.609 to establish client income and must use the
most current HUD Income Guidelines. The income of all Program clients must be
documented and 51 % of them must be Income Eligible Clients. In addition, Agency must
document client eligibility for CARES Act assistance by maintaining records of client need
directly related to and/or caused by the Coronavirus Pandemic, as well as other eligibility
documentation further described in Exhibit "A" — Program Summary.
6.2 Submission of Complete Documentation.
Agency must submit copies of documentation of client eligibility described in
Section 6.1 with Attachment III with each month's Reimbursement Request for all
Unduplicated Clients.
6.3 Maintain Documentation.
Agency must maintain copies of all documentation required by this Section 6 for 5
years following the expiration of the Contract term. This Section shall survive the earlier
termination or expiration of this Contract.
7. ADDITIONAL CDBG REQUIREMENTS.
Agency agrees to comply with all requirements of the CDBG Program as stated in
the CDBG Regulations, as well as any further requirements established by HUD regarding
CDBG-CV3 funds upon receiving notification of such additional requirements from City,
including but not limited to the following:
7.1 Environmental Review.
CDBG-CV Funds will not be paid, and costs cannot be incurred until City has
conducted an environmental review and completed an Environmental Review Record 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 City the CDBG-CV3 Funds it has already
received and forfeit any future payments of CDBG-CV3 Funds.
7.2 Contract Not Constitutin� Commitment of Funds.
CDBG-CV3 100% PSA CONTRACT CARES ACT 2020 Page 7
AVANCE-DALLAS, Inc. Rev. O1/15/2021
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 an environmental
review, (ii) approval of any applicable Substantial Amendments to the 2019-2020 Action
Plan regarding CARES Act grant funds, and (iii) receipt by City of a grant agreement from
HUD.
7.3 Monitorin�.
7.3.1 Agency understands and agrees that it will be subject to monitoring
by City for compliance with terms and provisions of this Contract, compliance with the
CARES Act, and the CDBG Regulations for the term of this Contract. 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 during this 5 year period. For purposes of this Contract, this 5 year period for
monitoring is deemed to begin on the date after the final date of the full eighteen-month
contract term including any eXtensions in term, and end on the date five full years after
that date.
7.3.2 Representatives of City, HUD, HUD Office of Inspector General,
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-CV3 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. City shall provide
Agency with a written report of the monitor's findings after each monitoring visit. If the
monitoring report notes deficiencies in Agency's performance, the report shall include
requirements for the timely correction of said deficiencies by Agency. Failure by Agency
to take the action specified in the monitoring report may be cause for suspension or
termination of this Contract as provided herein.
7.3.4 Subsections 7.3.1 through 7.3.3 shall be applicable for the Contract
Term and for 5 years thereafter and shall survive the earlier termination or expiration of
this Contract.
7.3.5 Agency shall provide City annually the results of any state or federal
monitoring. Such results shall be submitted within 60 days of receipt of such state or
federal monitoring report during the term 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. In addition to the conflict of
interest provisions in Section 14.13.3, Agency shall establish written procurement
CDBG-CV3 100% PSA CONTRACT CARES ACT 2020 Page 8
AVANCE-DALLAS, Inc. Rev. O1/15/2021
procedures to ensure that materials and services are obtained in a cost effective manner and
that provides for full and open competition. When procuring materials and services for
this Contract, Agency shall comply at a minimum with the procurement standards in 2 CFR
Part 200.317 through Part 200.326.
7.4.1 Contracts in excess of $10,000.00 made by Agency using CDBG-
CV3 Funds must address termination for cause and convenience including the manner by
which such termination shall be effected and the basis for settlement of the terminated
contract, if any, as required by AppendiX II(B), 2 CFR Part 200.
7.4.2 Agency shall not make any contract with parties listed on the
government wide System for Award Management, www.sam.gov ("SAM"). Agency
must confirm by search of SAM that all contractors paid with CDBG-CV3 Funds are not
listed by SAM as being debarred, both prior to hiring and prior to submitting a
Reimbursement Request which includes invoices from any such contractor. Failure to
submit such proofs of search shall be an event of default.
7.5 Cost Principles/Cost Reasonableness.
Agency shall administer its use of CDBG-CV3 Funds in compliance with 2 CFR
Part 200, as applicable. The eligibility of costs incurred for performance rendered shall be
determined in accordance with 2 CFR Part 200.400 through 2 CFR Part 200.475.
7.6 Financial Mana�ement Standards.
Agency agrees to comply with 2 CFR Part 200, as applicable. Agency also
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 in accordance with 2 CFR Part 200.302 and Part 200.303.
7.6.1 Prohibition of Duplication of Bene�ts
Agency agrees to comply with Section 312 of the Stafford Disaster Relief
and Emergency Assistance Act which prohibits the duplication of benefits or financial
assistance to people or entities affected by a Federally declared emergency. Agency agrees
to establish and maintain adequate procedures to prevent any duplications of benefits with
CDBG-CV3 funds.
7.7 Uniform Administrative Requirements, Cost Principles, and Audit
Requirements.
Agency will comply with the Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards in 2 CFR Part 200, as applicable,
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-CV3 Funds or who perform any work in connection
with the Program. Agency shall cause all applicable provisions of this Contract to be
CDBG-CV3 100% PSA CONTRACT CARES ACT 2020 Page 9
AVANCE-DALLAS, Inc. Rev. O1/15/2021
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 wark 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 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 and shall be applicable for 5
years after the Contract term ends.
7.9 Copvright and Patent Ri�hts.
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.
7.10 Conflict of Interest Disclosure.
In accordance with the requirements of Section 14.14.2.1 and 14.14.4, Agency shall
establish conflict of interest policies for federal awards. Agency shall disclose to City in
writing any potential conflict of interest.
7.11 Compliance with FFATA and Whistleblower Protections.
Agency shall comply with the requirements of 2 CFR 300(b), including provisions
of the Federal Funding Accountability and Transparency Act ("FFATA") governing
requirements on executive compensation and provisions governing whistleblower
protections contained in 10 U.S.C. 2409, 41 U.S.C. 4712, 10 U.S.C. 2324, 41 U.S.C. 4304
and 41 U.S.C. 4310.
7.11.1 Agency shall provide City with its DUNS number.
7.12 Internal Controls.
In compliance with the requirements of 2 CFR Part 200.303, Agency shall:
7.12.1 Establish and maintain effective internal control over the CDBG-CV3
Funds that provides reasonable assurance that Agency is managing the CDBG-CV3 Funds
in compliance with federal statutes, regulations, and the terms and conditions of this
Contract. These internal controls shall be in compliance with guidance in "Standards for
Internal Control in the Federal Government" issued by the Comptroller General of the
United States or the "Internal Control Integrated Framework" issued by the Committee of
Sponsoring Organizations of the Treadway Commission ("COSO");
7.12.2 Comply with federal statutes, regulations, and the terms and conditions of
this Contract;
CDBG-CV3 100% PSA CONTRACT CARES ACT 2020 Page 10
AVANCE-DALLAS, Inc. Rev. O1/15/2021
7.12.3 Evaluate and monitor Agency's compliance with statutes, regulations and
the terms and conditions of this Contract;
7.12.4 Take prompt action when instances of noncompliance are identified
including noncompliance identified in audit findings; and
7.12.5 Take reasonable measures to safeguard protected personally identifiable
information and other information that HUD or City designates as sensitive or Agency
considers sensitive consistent with applicable federal, state, local and tribal laws regarding
privacy and obligations of confidentiality.
8. 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 the date after the final date of the full eighteen month
contract term and end on the date five full years after that date regardless of whether or not
this Contract is earlier terminated.
8.2 Access to Records.
Representatives of City, HUD and any duly authorized officials of the federal
government will have full access to, and the right to examine, audit, copy, excerpt and/or
transcribe any of Agency's records pertaining to all matters covered by this Contract for 5
years after the Contract term ends. Such access shall be during regular business hours and
upon at least 48 hours prior notice. For purposes of this Contract, this 5 year period for
access to records is deemed to begin on the date after the final date of the full eighteen
month contract term and end on the date five full years after that date 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 termination of this
Contract in such form and within such times as City may prescribe. Failure to submit to
City any report or documentation described in this Contract shall be an event of default of
this Contract and City may exercise all of its remedies for default under this Contract.
CDBG-CV3 100% PSA CONTRACT CARES ACT 2020 Page 11
AVANCE-DALLAS, Inc. Rev. O1/15/2021
8.3.1 AdditionalInformation.
Agency shall provide City with additional information as may be required by state
or federal agencies to substantiate Program activities and/or expenditure eligibility.
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 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 $750,000 or more in Federal Funds Per Year.
All non-federal entities that expend $750,000 or more in federal funds within 1 year,
regardless of the source of the federal award, must submit to City an annual audit prepared
in accordance with specific reference to 2 CFR Part 200.501 through Part 200.521. The
audit shall cover the Agency's fiscal years during which this Contract is in force. The audit
must be prepared by an independent certified public accountant, be completed within 6
months following the end of the period being audited and be submitted to City within 30
days of 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 $750,000 a year in federal funds are exempt from federal audit
requirements for that year, but records must be available for review or audit by appropriate
officials of the federal agency, City, and General Accounting Office.
8.5.2 Citv Reserves the Ri�ht to Audit.
City reserves the right to perform an audit of Agency's Program operations and
finances at any time during the term of this Contract and for 5 years after the Contract term
ends if City determines that such audit is necessary for City's compliance with the CDBG
Regulations or other City policies. Agency agrees to allow access to all pertinent materials
as described herein for such audit. For purposes of this Contract, this 5 year period for
City audit is deemed to begin on the date after the final date of the full eighteen month
contract term and end on the date five full years after that date 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 other contracts with Agency. IF AS A RESULT OF ANY AUDIT IT IS
DETERMINED THAT AGENCY HAS FALSIFIED ANY DOCUMENTATION OR
MISUSED, MISAPPLIED OR MISAPPROPRIATED CDBG-CV3 FUNDS OR
SPENT CDBG-CV3 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.
CDBG-CV3 100% PSA CONTRACT CARES ACT 2020 Page 12
AVANCE-DALLAS, Inc. Rev. O1/15/2021
9. REIMBURSEMENT REQUIREMENTS.
9.1 Deadline for Submittin� Reimbursement Requests.
9.1.1 Reimbursement Requests shall be submitted monthly to the City and
must be received by the City on or before the 15t" 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. For expenses paid by Agency January 1, 2021 through March 30, 2021
eXclusively, the Reimbursement Request must be received no later than June 30, 2021.
Failure to submit a Reimbursement Request in a timely fashion will result in City taking
the actions outlined in Section 10.1. If expenditures eXceed $20,000 per month, Agency
may elect to submit two reimbursement requests per month, with the first reimbursement
request being submitted on the 15th of the month covering expenses paid from the 16tn
through the end of the preceding month, and the second reimbursement request being
submitted on the 30th of the month covering expenses paid in the first 15 days of the month.
Agency must advise City in writing no later than 15 days in advance, of their intent to
submit two reimbursement requests for any month during the contract term.
9.1.2 City will notify Agency by e-mail within 14 calendar days if a
Reimbursement Request is lacking Complete Documentation or corrections are needed.
Agency will have 7 calendar days from the date of the e-mail notice to submit any requested
information or missing documentation. If Agency fails to submit all the required
information or missing documentation within 7 calendar days from the first e-mail, Agency
may, at the City's sole discretion, forfeit any payments otherwise due that month and
failure to submit any requested information may, at the City's sole discretion, be considered
an event of default as outlined in Section 10.1.2.
9.2 Submission of Reimbursement Requests.
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 or
partial month, the cumulative reimbursement requested to date (inclusive of that month's
or partial month's request).
9.2.2 Attachment II — Expenditure Worksheet.
This report shall itemize each expense requested for reimbursement by Agency and
shall include the Account corresponding the expense to a Budget line item. In 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-CV3-funded time
and non-CDBG-CV3 funded time and reflect actual time spent
CDBG-CV3 100% PSA CONTRACT CARES ACT 2020 Page 13
AVANCE-DALLAS, Inc. Rev. O1/15/2021
on CDBG-CV3-funded activities. Agency may not submit
payroll expenses dated 60 calendar days prior to the date of the
Reimbursement Request unless approved in writing in advance
by City as authorized under the CARES Act. Payroll expenses
dated January 1, 2021 through March 30, 2021 must be
submitted for Reimbursement no later than June 30, 2021.
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. Agency may not submit invoices dated 60 calendar
days prior to the date of the Reimbursement Request. Non-
payroll expenses dated January 1, 2021 through March 30, 2021
must be submitted for Reimbursement no later than June 30,
2021.
9.2.2.3 Proof that each expense was paid by Agency, which proof can
be satisfied by cancelled checks, wire transfer documentation,
paid receipts or other appropriate banking documentation.
9.2.3 Attachment III — Client Data Report.
This report shall list each Unduplicated Client served during the month along with
his or her demographic information. The Client Data Report must maintain a list of all
clients served during the Contract term. 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 the client is served by the Program, which will either be the
completed form of EXHIBIT "E" - Form of Income Self Certification or
similar form approved by City, or Source Documentation.
9.2.4 Delivery of Reimbursement Request.
Reimbursement Requests must be submitted through required software
system approved by City or in other manner required by City by the deadline(s) in
Section 9.1.1.
9.3 Withholding Payment.
Failure to timely submit accurate and complete Reimbursement Requests and
Complete Documentation along with any required reports shall be an event of default.
10. DEFAULT AND TERMINATION.
10.1 Failure to Submit Reimbursement Request or Required
Documentation.
10.11 If Agency fails to submit a Reimbursement Request in accordance with
Section 9, Agency shall be in default of this Contract. City will notify Agency in writing
CDBG-CV3 100% PSA CONTRACT CARES ACT 2020 Page 14
AVANCE-DALLAS, Inc. Rev. O1/15/2021
of such default and the Agency will have 5 calendar days from the date of the written notice
to submit such Reimbursement Request to cure the default. If Agency fails to cure the
default within such time, Agency may, at the City's sole discretion, forfeit any payments
otherwise due that month.
10.1.2 If Agency fails to submit requested information or missing
documentation as set forth in Section 9.1.2, then Agency shall forfeit payment due that
month and the failure to submit shall be considered an event of default that shall not be
cured.
10.1.3 In the event of (i) an uncured default under Section 10.1.1 or an event
of default under 10.1.2 or (ii) more than 2 instances of default, cured or uncured, under
these Sections, City reserves the right at its sole option to terminate this Contract effective
immediately upon written notice of such intent with no penalty or liability to City.
10.1.4 Notwithstanding anything to the contrary herein, City will not be
required to pay any CDBG-CV3 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-CV3
Funds awarded but unpaid to Agency pursuant to this Contract shall be immediately
forfeited and Agency shall have no further right to such funds.
10.2 Failure to Maintain Records or Submit Reports and
Documentation.
If Agency fails to maintain all records and documentation as required in Section 8,
or if the records maintained or reports submitted or documentation is not in compliance
with this Contract or the CDBG Regulations as determined by City in its sole discretion,
City will notify Agency in writing and Agency will have 30 calendar days from the date of
the written request to obtain or recreate the missing records and documentation or submit
or resubmit any such report or documentation to City. If Agency fails to maintain the
required reports or documentation, or fails to submit or resubmit any such report or
documentation within such time, City shall have the right to terminate this Contract
effective immediately upon written notice of such intent with no penalty or liability to City.
10.2.1 In the event of termination under this Section 10.2, all CDBG-CV3
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-CV3 Funds
paid to Agency must be repaid to City within 30 days of termination. If such CDBG-CV3
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.
10.3.1 Subject to Section 10.2, and unless specifically provided otherwise in
CDBG-CV3 100% PSA CONTRACT CARES ACT 2020 Page 15
AVANCE-DALLAS, Inc. Rev. O1/15/2021
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 under this Contract.
10.3.2 City's remedies may include:
10.3.2.1 Direct Agency to prepare and follow a schedule of actions
for carrying out the affected activities, consisting of
schedules, timetables and milestones necessary to
implement the affected activities.
10.3.2.2 Direct Agency to establish and follow a management plan
that assigns responsibilities for carrying out the remedial
activities.
10.3.2.3 Reprogram CDBG-CV3 Funds that have not yet been
eXpended from affected activities to other eligible activities
or withhold CDBG-CV3 Funds.
10.3.2.4 Any other appropriate action including but not limited to any
remedial action legally available such as declaratory
judgment, specific performance, damages, temporary or
permanent injunctions, termination of this Contract or any
other contracts with Agency, and any other available
remedies.
10.3.3 In the event of termination under this Section 10.3, all CDBG-CV3
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-CV3 Funds
already paid to Agency must be repaid to City within 30 days of the termination. Failure
to repay such CDBG-CV3 Funds within the 30 day period will result in City eXercising all
legal remedies available under this Contract.
10.4 No Funds Disbursed while in Breach.
Agency understands and agrees that no CDBG-CV3 Funds will be paid to Agency
until all defaults are cured to City's satisfaction.
10.5 No Compensation After Date of Termination.
Agency shall not receive any compensation for work undertaken after the date of
the termination.
CDBG-CV3 100% PSA CONTRACT CARES ACT 2020 Page 16
AVANCE-DALLAS, Inc. Rev. O1/15/2021
10.6 Rights of Citv Not Affected.
Termination shall not affect or terminate any of the existing rights of City against
Agency, or which may thereafter accrue because of Agency's default and this provision
shall be in addition to any and all other rights and remedies available to City under the law.
Such termination does not terminate any provisions of this Contract that have been
eXpressly noted as surviving the term or termination of the Contract. No delay or omission
by City in exercising any right or remedy available to it under this Contract shall impair
any such right or remedy or constitute a waiver or acquiescence in any Agency default.
10.7 Waiver of Breach Not Waiver of Subsequent Breach.
The waiver of a default or breach of any term, covenant, or condition of this
Contract shall not operate as a waiver of any subsequent default or breach of the same or
any other term, covenant or condition hereof.
10.8 Civil, Criminal and Administrative Penalties.
Failure to perform all the Contract terms may result in civil, criminal or
administrative penalties, including, but not limited to those set out in this Contract.
10.9 Termination for Cause.
10.9.1 City may terminate this Contract in the event of Agency's default,
inability, or failure to perform subject to notice, grace and cure periods. In the event City
terminates this Contract for cause, all CDBG-CV3 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-CV3 Funds already paid to Agency must be repaid to
City within 30 days of termination. Failure to repay such CDBG-CV3 Funds within 30
days will result in City exercising all legal remedies available to City under this Contract.
AGENCY ACKNOWLEDGES AND AGREES THAT IF CITY TERMINATES
THIS CONTRACT FOR CAUSE, AGENCY OR ANY AFFILIATES OF AGENCY
SHALL NOT BE CONSIDERED FOR ANY OTHER CITY CONTRACT FOR
CDBG-CV3 FOR A MINIMUM OF 5 YEARS FROM THE DATE OF
TERMINATION.
10.9.2 Agency may terminate this Contract if City does not provide the CDBG-
CV3 Funds substantially in accordance with this Contract.
10.10 Termination for Convenience.
In terminating in accordance with 2 CFR Part 200, AppendiX II, this Contract may
be terminated in whole or in part only as follows:
10.10.1 By City with the consent of Agency in which case the Parties shall agree
upon the termination conditions, including the effective date and in the case of partial
termination, the portion to be terminated; or
CDBG-CV3 100% PSA CONTRACT CARES ACT 2020 Page 17
AVANCE-DALLAS, Inc. Rev. O1/15/2021
10.10.2 By Agency upon at least 30 days written notification to City, setting
forth the reasons for such termination, the effective date, and in the case of partial
termination, the portion to be terminated. In the case of a partial termination, City may
terminate the Contract in its entirety if City determines in its sole discretion that the
remaining portion of the Contract to be performed or CDBG-CV3 Funds to be spent will
not accomplish the purposes for which the Contract was made.
10.11 Dissolution of Agencv Terminates Contract.
This Contract shall terminate in the event Agency is dissolved or ceases to eXist.
In the event of termination under this Section, all CDBG-CV3 Funds are subject to
repayment and/or City may eXercise all of its remedies under this Contract.
10.12 Reversion of Assets.
In the event this Contract is terminated with or without cause, all assets acquired
by Agency with the CDBG-CV3 Funds including cash, interest payments from loans ar
otherwise, all outstanding notes, mortgages or other security instruments, any accounts
receivable attributable to the use of the CDBG-CV3 Funds, and any real or personal
property owned by Agency that was improved with the CDBG-CV3 Funds shall
automatically transfer to City or to such assignee as City may designate.
11. REPAYMENT OF CDBG-CV3 FUNDS.
All CDBG-CV3 Funds are subject to repayment in the event the Program does not
meet the requirements of 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-
CV3 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-CV3 Funds is
required of City, Agency agrees City may require that 10% of the CDBG-CV3 Funds
be repaid to City 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 the finding by HUD or a required
repayment of funds to HUD by City. Therefore, the Parties agree that payment under this
Section of 10% of the CDBG-CV3 Funds by Agency to City is liquidated damages and
not a penalty.
12. CHANGE IN NON-PROFIT STATUS.
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. Regardless of notice by
Agency, if the non-profit status of Agency changes after the date of this Contract, City may
but is not obligated to, terminate this Contract. In the event of termination under this
Section 12, all CDBG-CV3 Funds awarded but not yet paid to Agency pursuant to this
Contract shall be immediately rescinded and Agency shall have no further right to such
funds. City, in its sole discretion, may require that any CDBG-CV3 Funds already paid to
CDBG-CV3 100% PSA CONTRACT CARES ACT 2020 Page 18
AVANCE-DALLAS, Inc. Rev. O1/15/2021
Agency must be repaid to City within 30 calendar days of termination under this Section.
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 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 the date after the final
date of the full eighteen month contract term and end on the date five full years after that
date regardless of whether or not this Contract is earlier terminated.
14. GENERAL PROVISIONS
14.1 Agencv an Independent Contractor.
Agency shall operate hereunder as an independent contractor and not as an officer,
agent, servant or employee of City. Agency shall have exclusive control of, and the
eXclusive right to control, the details of the work and services performed hereunder, and
all persons performing same, and shall be solely responsible for the acts and omissions of
its officers, members, agents, servants, employees, contractors, subcontractors, vendors,
clients, licensees or invitees.
14.2 Doctrine of Respondeat Superior.
The doctrine of respondeat superior shall not apply as between City and Agency,
or its officers, members, agents, servants, employees, contractors, subcontractors, vendors,
clients, licensees or invitees, and nothing herein shall be construed as creating a partnership
or joint 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 Agency Propertv.
City shall under no circumstances be responsible for any property belonging to
Agency, or its officers, members, agents, employees, contractors, subcontractors, vendors,
clients, licensees or invitees that may be lost, stolen or destroyed or in any way damaged
and AGENCY HEREBY INDEMNIFIES AND HOLDS HARMLESS CITY AND
ITS OFFICERS, AGENTS, AND EMPLOYEES FROM ANY AND ALL CLAIMS
OR SUITS PERTAINING TO OR CONNECTED WITH SUCH PROPERTY.
14.5 Religious Organization.
Agency shall comply with all applicable requirements as more particularly
described in 24 CFR Part 5.109. No portion of the CDBG-CV3 Funds shall be used in
support of any sectarian or religious activity. In addition, there must be no religious ar
membership criteria for clients of a CDBG-CV3-funded service.
14.5.1. Separation of Explicitiv Reli�ious Activities.
CDBG-CV3 100% PSA CONTRACT CARES ACT 2020 Page 19
AVANCE-DALLAS, Inc. Rev. O1/15/2021
Agency retains its independence and may continue to carry out its mission,
including the definition, development practice, and expression of its religious beliefs,
provided that it does not use CDBG-CV3 Funds to support or engage in any explicitly
religious activities (including activities that involve overt religious content such as
worship, religious instruction, or proselytization), or in any other manner prohibited by
law.
14.5.2 Explicitiv Religious Activities.
If Agency engages in eXplicitly religious activities (including activities that involve
overt religious content such as worship, religious instruction, or proselytization), the
eXplicitly religious activities must be offered separately, in time or location, from the
programs or activities supported by CDBG-CV3 Funds and participation must be voluntary
for clients of a CDBG-CV3-funded service.
14.5.3 Required Notices.
If Agency constitutes a Faith-based organization under 24 CFR Part 5.109, Agency
must provide all clients of a CDBG-CV3-funded service with the notice attached as
EXHIBIT "K"—Notice of Beneficiary Rights. Such notice shall be provided to the client
prior to enrollment in any CDBG-CV3-funded program or activity. In addition, if a client
or prospective client of a CDBG-CV3-funded service objects to the religious character of
Agency, then Agency must promptly undertake reasonable efforts to identify and refer the
client or prospective client to an alternate provider to which the client or prospective client
has no such objection, as more particularly described in 24 CFR Part 5.109.
14.6 Venue.
Venue shall lie in Tarrant County, Texas 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.
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 Severability.
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 A�reement 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
CDBG-CV3 100% PSA CONTRACT CARES ACT 2020 Page 20
AVANCE-DALLAS, Inc. Rev. O1/15/2021
purposes, constitute the entire agreement by the Parties 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 executed by the Parties.
14.10 Paragraph Headings for Reference Onlv, No Le�al Significance;
Number and Gender.
The paragraph headings contained herein are for convenience in reference to this
Contract and are not intended to define or to limit the scope of any provision of this
Contract. When context requires, singular nouns and pronouns include the plural and the
masculine gender shall be deemed to include the feminine or neuter and the neuter gender
to include the masculine and feminine. The words "include" and "including" whenever
used herein shall be deemed to be followed by the words "without limitation".
14.11 Compliance With All Applicable Laws and Re�ulations.
Agency agrees to comply fully 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
➢ Coronavirus Aid, Relief, and Economic Security Act of 2020
➢ 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 persons of limited English proficiency
➢ The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C.
Sections 3601 et seq.)
➢ Executive Orders 11063, 11246 as amended by 11375 and 12086 and as
supplemented by Department of Labor regulations 41 CFR Part 60
➢ 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 1173 8. 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
CDBG-CV3 100% PSA CONTRACT CARES ACT 2020 Page 21
AVANCE-DALLAS, Inc. Rev. O1/15/2021
➢ 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 certifications and disclosures be obtained from all covered persons
➢ Drug Free Workplace Act of 1988 (41 U.S.C. Sections 701 et seq.) and 24 CFR
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 Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards, 2 CFR Part 200 et seq.
➢ Federal Funding Accountability and Transparency Act of 2006 ("FFATA")
(Pub.L. 109-282, as amendedby Section 6205(a) ofPub.L. 110-252 and Section
3 of Pub.L. 113-101)
➢ Federal Whistleblower Regulations, as contained in 10 U.S.C. 2409, 41 U.S.C.
4712, 10 U.S.C. 2324, 41 U.S.C. 4304 and 41 U.S.C. 4310.
. . �
- .�s�.�,,: _ .:•,o-.
• •
J'
14.13 Prohibition Against Discrimination.
14.13.1 General Statement.
Agency shall comply in the eXecution, performance or attempted performance of
this Contract, with all non-discrimination requirements of 24 CFR Part 570.607 and
Chapter 17, Article III, Division 4— Fair Housing of the City Code. Agency may not
discriminate against any person because of race, color, sex, gender, religion, national
origin, familial status, disability or perceived disability, seXual orientation, gender identity,
gender expression, or transgender, nor will Agency permit its officers, members, agents,
employees, or clients to engage in such discrimination.
This Contract is made and entered into with reference specifically to Chapter 17,
Article III, Division 3- Employment Practices of the City Code, and Agency hereby
CDBG-CV3 100% PSA CONTRACT CARES ACT 2020 Page 22
AVANCE-DALLAS, Inc. Rev. O1/15/2021
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.
14.13.2 No Discrimination in Employment during the Performance of This
Contract.
During the performance of this Contract Agency agrees to the following provision,
and will require that its contractors and subcontractors also comply with such provision by
including it in all contracts with its contractors:
[Contractor's, Subcontractor's or T�endor'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. [Contractor's,
Subcontractor's or Vendor's name] will take affirmative action to ensure that applicants
are hired without regard to race, color, sex, gender, religion, national origin, familial status,
disability or perceived disability, sexual orientation, gender identity, gender expression or
transgender and that employees are treated fairly during employment without regard to
their race, color, sex, gender, religion, national origin, familial status, disability or
perceived disability, sexual orientation, gender identity, gender expression or transgender.
Such action shall include, but not be limited to, the following: employment, upgrading,
demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of
pay or other forms of compensation, and selection for training, including apprenticeship.
[Contractor's, Subcontractor's or ilendor's name] agrees to post in conspicuous places,
available to employees and applicants for employment, notices setting forth the provisions
of this nondiscrimination clause.
[Contractor's, Subcontractor's or Vendor's name] will, in all solicitations or
advertisements for employees placed by or on behalf of [Contractor's, Subcontractor's or
Vendor's name], 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's, Subcontractor's or T�endor's name] covenants that neither it nor any
of its officers, members, agents, employees, or contractors, while engaged in performing
this Contract, shall, in connection with the employment, advancement or discharge of
employees or in connection with the terms, conditions or privileges of their employment,
discriminate against persons because of their age or because of any disability or perceived
disability, eXcept on the basis of a bona fide occupational qualification, retirement plan or
statutory requirement.
[Contractor's, Subcontractor's or Vendor'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
CDBG-CV3 100% PSA CONTRACT CARES ACT 2020 Page 23
AVANCE-DALLAS, Inc. Rev. O1/15/2021
upon a bona fide occupational qualification, retirement plan or statutory requirement.
14.13.3 Agencv'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 THE ADA'S PROVISIONS AND ANY OTHER
APPLICABLE FEDERAL, STATE AND LOCAL LAWS CONCERNING
DISABILITY AND WILL DEFEND, INDEMNIFY AND HOLD CITY HARMLESS
AGAINST ANY CLAIMS OR ALLEGATIONS ASSERTED BY THIRD PARTIES,
CONTRACTORS SUBCONTRACTORS, VENDORS OR AGENTS AGAINST
CITY ARISING OUT OF AGENCY'S AND/OR ITS CONTRACTORS',
SUBCONTRACTORS', VENDORS' OR AGENTS' OR THEIR RESPECTIVE
EMPLOYEES' ALLEGED FAILURE TO COMPLY WITH THE ABOVE-
REFERENCED LAWS CONCERNING DISABILITY DISCRIMINATION IN THE
PERFORMANCE OF THIS CONTRACT.
14.14. Conflicts of Interest and Violations of Criminal Law.
14.14.1 Agency Safe�uards.
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 such
conflict of interest or potential conflict of interest, immediately upon discovery of such.
14.14.2 General Prohibitions A�ainst Conflicts of Interest.
No employees, agents, consultants, officers or elected officials or appointed
officials of City or of Agency who exercise or have exercised any functions or
responsibilities with respect to activities assisted with CDBG-CV3 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-CV3-funded services, may obtain a financial interest
or benefit from a CDBG-CV3-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.
14.14.2.1 Agency shall establish conflict of interest policies for federal
awards including the CDBG-CV3 Funds and shall disclose
in writing potential conflicts of interest to City as authorized
by 2 CFR Part 200.112.
14.14.3 Conflicts of Interest Involvin� Procurement.
The conflict of interest provisions of 2 CFR Part 200.318 shall apply in the
CDBG-CV3 100% PSA CONTRACT CARES ACT 2020 Page 24
AVANCE-DALLAS, Inc. Rev. O1/15/2021
procurement of property and services by Agency. In all cases not governed by this Section,
the provisions of 24 CFR Part 570.611 of the CDBG Regulations shall apply.
14.14.3.1 As more particularly described in 2 CFR Part 200.318,
Agency shall maintain and submit to City written standards
of conduct covering conflicts of interest and governing the
performance of its employees engaged in the selection,
award, and administration of contracts. No employee,
officer, or agent may participate in the selection, award, or
administration of a contract supported by a federal award if
he or she has a real or apparent conflict of interest. The
standards of conduct must provide for disciplinary actions to
be applied for violations of such standards by officers,
employees, or agents of Agency.
14.14.3.2 The officers, employees, and agents of Agency shall neither
solicit nor accept gratuities, favors, or anything of monetary
value from contractors or parties to subcontracts.
14.14.3.3 Notwithstanding the prohibition contained in Section
14.14.3.2, Agency may set standards of conduct for
situations in which the financial interest is not substantial or
the gift is an unsolicited item of nominal value. Such
standards of conduct must provide for disciplinary actions to
be applied for violations of such standards by Agency's
officers, employees or agents.
14.14.3.4 Agency shall maintain written standards of conduct covering
organizational conflicts of interest. Organizational conflicts
of interest means that because of relationships with a parent
company, affiliate, or subsidiary organization, Agency is
unable or appears to be unable to be impartial in conducting
a procurement action involving a related organization.
14.14.3.5 Agency must maintain records sufficient to detail the history
of procurement. These records will include, but are not
necessarily limited to the following: rationale for the method
of procurement, selection of contract type, contractor
selection or rejection, and the basis for the contract price.
14.14.4 Disclosure of Conflicts of Interest.
In compliance with 2 CFR Part 200.112, Agency is required to timely disclose to
City in writing any potential conflict of interest.
14.14.5 Disclosure of Texas Penal Code Violations.
Agency affirms that it will adhere to the provisions of the Texas Penal Code which
prohibit bribery and gifts to public servants.
CDBG-CV3 100% PSA CONTRACT CARES ACT 2020 Page 25
AVANCE-DALLAS, Inc. Rev. O1/15/2021
14.14.6 Disclosure of Federal Criminal Law Violations.
In compliance with 2 CFR Part 200.113, Agency is required to timely disclose to
City all violations of federal criminal law involving fraud, bribery or gratuity violations
potentially affecting the Agency.
14.15 Subcontracting with Small and Minoritv Firms, Women's Business
Enterprises and Labor Surplus Areas.
14.151 For procurement contracts $50,000.00 or larger that are paid for, in part
or in full, with the CDBG-CV3 Funds, 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 or larger that are paid for, in part or in full, with the CDBG-CV3 Funds
and will further require all persons or entities with which it so contracts to comply with
said ordinance.
14.15.2 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.
14.15.2.1 In order to comply with federal reporting requirements 24
CFR Part 570.506 (g)(6), Agency must submit the form
attached hereto as EXHIBIT "I" — MBE Reporting Form
for each contract or subcontract with a value of $10,000.00
or more paid or to be paid with the CDBG-CV3 FLTNDS.
Agency shall submit this form by the date specified in
EXHIBIT "I" — MBE Reporting Form.
14.16 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.
14.17 Assignment.
Agency shall not assign all or any part of its rights, privileges, or duties under this
Contract without the prior written approval of City. Any attempted assignment of same
without approval shall be void, and shall constitute a breach of this Contract.
14.18. Right to Inspect Agencv Contracts.
CDBG-CV3 100% PSA CONTRACT CARES ACT 2020 Page 26
AVANCE-DALLAS, Inc. Rev. O1/15/2021
It is agreed that City has the right to inspect and approve in writing any proposed
contracts between Agency and any contractor or vendor engaged in any activity in
conjunction with this CDBG-funded Program prior to any charges being incurred.
14.19 Force Maieure
If Agency becomes unable, either in whole or part, to fulfill its obligations under
this Contract due to acts of God, strikes, lockouts, or other industrial disturbances, acts of
public enemies, wars, blockades, insurrections, riots, epidemics, earthquakes, fires, floods,
restraints or prohibitions by any court, board, department, commission or agency of the
United States or of any States, civil disturbances, or explosions, or some other reason
beyond Agency's control (collectively, "Force Majeure Event"), the obligations so affected
by such Force Majeure Event will be suspended only during the continuance of such event.
Agency will give City written notice of the existence, eXtent and nature of the Force
Majeure Event as soon as reasonably possible after the occurrence of the event. Failure to
give notice will result in the continuance of Agency's obligation regardless of the extent of
any existing Force Majeure Event. Agency will use commercially reasonable efforts to
remedy its inability to perform as soon as possible.
14.20 IMMIGRATION NATIONALITY ACT.
City actively supports the Immigration & Nationality Act (INA) which includes
provisions addressing employment eligibility, employment verification, and
nondiscrimination. Agency shall verify the identity and employment eligibility of all
employees who perform work under this Agreement. Agency shall complete the
Employment Eligibility Verification Form (I-9), maintain photocopies of all supporting
employment eligibility and identity documentation for all employees, and upon request,
provide City with copies of all I-9 forms and supporting eligibility documentation for each
employee who performs work under this Agreement. Agency shall establish appropriate
procedures and controls so that no services will be performed by any employee who is not
legally eligible to perform such services. Agency shall provide City with a certification
letter that it has complied with the verification requirements required by this Agreement.
Agency shall indemnify City from any penalties or liabilities due to violations of this
provision. City shall have the right to immediately terminate this Agreement for violations
of this provision by Agency.
15. INDEMNIFICATION AND RELEASE.
AGENCY COVENANTS AND AGREES TO INDEMNIFY, HOLD
HARMLESS AND DEFEND, AT ITS OWN EXPENSE, CITY AND ITS OFFICERS,
AGENTS, SERVANTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL
CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL
INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF
WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED,
ARISING OUT OF OR IN CONNECTION WITH THE EXECUTION,
PERFORMANCE, ATTEMPTED PERFORMANCE OR NONPERFORMANCE
OF THIS CONTRACT AND/OR THE OPERATIONS, ACTIVITIES AND
CDBG-CV3 100% PSA CONTRACT CARES ACT 2020 Page 27
AVANCE-DALLAS, Inc. Rev. O1/15/2021
SERVICES OF THE PROGRAM DESCRIBED HEREIN, WHETHER OR NOT
CAUSED IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF
OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS OR
SUBCONTRACTORS OF CITY; AND AGENCY HEREBY ASSUMES ALL
LIABILITY AND RESPONSIBILITY OF CITY AND ITS OFFICERS, AGENTS,
SERVANTS, AND EMPLOYEES FOR ANY AND ALL CLAIMS OR SUITS FOR
PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY, INCLUDING
DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER HINDS OR
CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN
CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED
PERFORMANCE OR NONPERFORMANCE OF THIS CONTRACT AND/OR
THE OPERATIONS, ACTIVITIES AND SERVICES OF THE PROGRAM
DESCRIBED HEREIN, WHETHER OR NOT CAUSED IN WHOLE OR IN PART
BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS,
EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS OF CITY. AGENCY
LIKEWISE COVENANTS AND AGREES TO AND DOES HEREBY INDEMNIFY
AND HOLD HARMLESS CITY FROM AND AGAINST ANY AND ALL INJURY,
DAMAGE OR DESTRUCTION OF PROPERTY OF CITY, ARISING OUT OF OR
IN CONNECTION WITH ALL ACTS OR OMISSIONS OF AGENCY, ITS
OFFICERS, MEMBERS, AGENTS, EMPLOYEES, CONTRACTORS,
SUBCONTRACTORS, INVITEES, LICENSEES, OR CLIENTS, OR CAUSED, IN
WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS,
SERVANTS, EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS OF
CITY.
IT IS THE EXPRESS INTENTION OF THE PARTIES, BOTH AGENCY
AND CITY, THAT THE INDEMNITY PROVIDED FOR THIS SECTION
INCLUDES INDEMNITY BY AGENCY TO INDEMNIFY AND PROTECT CITY
FROM THE CONSEQUENCES OF CITY'S OWN NEGLIGENCE, WHETHER
THAT NEGLIGENCE IS ALLEGED TO BE THE SOLE OR CONCURRING
CAUSE OF THE INJURY, DAMAGE OR DEATH.
AGENCY AGREES TO AND SHALL RELEASE CITY, ITS AGENTS,
EMPLOYEES, OFFICERS AND LEGAL REPRESENTATIVES FROM ALL
LIABILITY FOR INJURY, DEATH, DAMAGE OR LOSS TO PERSONS OR
PROPERTY SUSTAINED IN CONNECTION WITH OR INCIDENTAL TO
PERFORMANCE UNDER THIS CONTRACT, EVEN IF THE INJURY, DEATH,
DAMAGE OR LOSS IS CAUSED BY CITY'S SOLE OR CONCURRENT
NEGLIGENCE.
AGENCY SHALL REQUIRE ALL OF ITS CONTRACTORS AND
SUBCONTRACTORS TO INCLUDE IN THEIR CONTRACTS AND
SUBCONTRACTS A RELEASE AND INDEMNITY IN FAVOR OF CITY IN
SUBSTANTIALLY THE SAME FORM AS ABOVE.
16. WAIVER OF IMMUNITY BY AGENCY.
CDBG-CV3 100% PSA CONTRACT CARES ACT 2020 Page 28
AVANCE-DALLAS, Inc. Rev. O1/15/2021
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
$50,000.00 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-CV3 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 Date of
Execution of the Contract, 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 Date of EXecution of the Contract, Agency shall be in default of the
Contract and City may, at its option, terminate the Contract.
Such insurance shall cover all insurable risks incident to or in connection with the
eXecution, performance, attempted performance or nonperformance of this Contract.
Agency shall maintain the following insurance coverage and limits:
Commercial General Liabilitv (CGL) Insurance
$ 500,000 each occurrence
$1,000,000 aggregate limit
Non-Profit Organization Liabilitv or Directors & Officers LiabilitX
$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", defined as autos owned,
hired, and non-owned. Pending availability of the above coverage and at the
discretion of City, the policy shall be the primary responding insurance policy
versus a personal auto insurance policy if or when in the course of Agency's
business as contracted herein.
CDBG-CV3 100% PSA CONTRACT CARES ACT 2020 Page 29
AVANCE-DALLAS, Inc. Rev. O1/15/2021
Workers' Compensation Insurance
Part A: Statutory Limits
Part B: Employer's Liability
$100,000 each accident
$100,000 disease-each employee
$500,000 disease-policy limit
Note: Such insurance shall cover employees performing work on any and all
projects including but not limited to construction, demolition, and rehabilitation.
Agency or its contractors shall maintain coverages, if applicable. In the event the
respective contractors do not maintain coverage, Agency shall maintain the
coverage on such contractor, if applicable, for each applicable contract.
Additional Requirements
Such insurance amounts shall be revised upward at City's reasonable option and no more
frequently than once every 12 months, and Agency shall revise such amounts within 30
days following notice to Contractor of such requirements.
Agency will submit to City documentation that it has obtained insurance coverage and has
eXecuted bonds as required in this Contract prior to payment of any monies provided
hereunder.
Where applicable, insurance policies required herein shall be endorsed to include City as
an additional insured as its interest may appear. Additional insured parties shall include
employees, officers, agents, and volunteers of City.
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 financial 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 unless
otherwise approved by City.
In the event there are any local, federal or other regulatory insurance or bonding
requirements for the Program, and such requirements exceed those specified herein, the
former shall prevail.
Agency shall require its contractors to maintain applicable insurance coverages, limits, and
other requirements as those specified herein; and Agency shall require its contractors to
provide Agency with certificate(s) of insurance documenting such coverage. Also, Agency
CDBG-CV3 100% PSA CONTRACT CARES ACT 2020 Page 30
AVANCE-DALLAS, Inc. Rev. O1/15/2021
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.
Notwithstanding any provision in this Contract to the contrary, when applicable,
Agency shall comply with the requirements of 2 CFR 200.310 and shall, at a
minimum, provide the equivalent insurance coverage for real property and
equipment acquired or improved with CDBG-CV as provided to property owned by
Agency.
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.
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. Anyperson 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
CDBG-CV3 100% PSA CONTRACT CARES ACT 2020 Page 31
AVANCE-DALLAS, Inc. Rev. O1/15/2021
Contract or the Program. Agency shall furnish immediately to City copies of all pertinent
papers received by Agency with respect to such action or claim. Agency shall provide a
notice to City within 10 days upon filing under any bankruptcy or financial insolvency
provision of law.
20. NOTICE.
All notices required or permitted by this Contract must be in writing and are deemed
delivered on the earlier date of the date actually received or the third day following deposit
in a United States Postal Service post office or receptacle; with proper postage, certified
mail return receipt requested; and addressed to the other Party at the address set out below
or at such other address as the receiving Party designates by proper notice to the sending
Party.
Citv
City Attorney's Office
200 Texas Street
Fort Worth, TX 76102
Telephone: 817-392-7600
Copy to:
Neighborhood Services Department
200 Texas Street
Fort Worth, TX 76102
Attention: Victor Turner
Telephone: 817-392-7540
Copy to:
Neighborhood Services Department
200 TeXas Street
Fort Worth, TX 76102
Attention: Senior Contract Compliance Specialist
Telephone: 817-392-7333
AgencV:
Avance-Dallas, Inc.
Vanessa Maldonado, EXecutive Director
2060 Singleton Blvd Ste 103
Dallas, TX 75212
Telephone: 214.887.9907
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.
CDBG-CV3 100% PSA CONTRACT CARES ACT 2020 Page 32
AVANCE-DALLAS, Inc. Rev. O1/15/2021
22. COUNTERPARTS.
This Contract may be executed in multiple counterparts, each of which shall be
considered an original, but all of which shall constitute one instrument which may be
sufficiently evidenced by one counterpart.
23. PROGRAM INCOME
Parties agree that no program income as defined by HUD shall be earned as a result
of this contract.
[SIGNATURES APPEAR ON NEXT PAGE]
CDBG-CV3 100% PSA CONTRACT CARES ACT 2020 Page 33
AVANCE-DALLAS, Inc. Rev. O1/15/2021
IN WITNESS WHEREOF, the Parties hereto have eXecuted 1 original of this
Contract in Fort Worth, Tarrant County, Texas.
ATTEST:
��a'L`" �-�' 0
CITY OF FORT WORTH
� �L
B V� Fernando Costa (Apr 19, 2021 0932 CDT)
.J
City Secretary �"a���4 Fernando Costa, Assistant City Manager
M&C: 20-0940 and 21-0016
1295 Certification No.2020-688330
Date: December 15, 2020 and January 12, 2021
APPROVED AS TO FORM AND LEGALITY:
��...--=
Taylor Paris, Assistant City Attorney
APPROVED BY:
�� ��
Victor Turner
Director, Neighborhood Services Department
CONTRACT COMPLIANCE MANAGER:
By signing, I acknowledge that I am the person responsible
for the monitoring and administration of this contract, including
ensuring all performance and reporting requirements
Bqrb�rA �}sbury
13arbara Asbury (Aprll, 202116:13 CDT)
Barbara Asbury, Compliance and Planning Manager
AVANCE- DALLAS, INC.
B�• Vanessa � donadolA�r9,.20211622CDT1
Vanessa Maldonado, EXecutive Director
CDBG-CV3 100% PSA CONTRACT CARES ACT 2020 Page 34
AVANCE-DALLAS, Inc. Rev. O1/15/2021
�FFICIAL RECORD
CITY SECRETARY
FT. W�RTH, TX
CDBG-CV3 CONTRACT EXHIBITS:
EXHIBIT "A" —Program Summary
EXHIBIT "A-1" — 2020 HUD Income Limits
EXHIBIT "A-2" — CDBG Reporting Requirements for Countywide Agencies
EXHIBIT `B" — Budget
EXHIBIT "C" — Audit Certification Form
EXHIBIT "D" — CDBG Income Self-Certification Form
EXHIBIT "E" — Standards for Complete Documentation
EXHIBIT "F" — Duplication of Benefits Certification Form
EXHIBIT "G" — Severely Disabled Certification Form
EXHIBIT "H" — Notice of Beneficiary Rights
EXHIBIT "I" — Reimbursement Forms
• Attachment I — Invoice
• Attachment II — Expenditure Worksheet
• Attachment III — Client Data Report
EXHIBIT "J" — MBE Reporting Form (as applicable, if City grant funds pay for contractual
services of $10,000 or more)
EXHIBIT "K"- Landlord /Property Manager Certification and Agreement —(as applicable,
for contracts providing direct rental assistance to clients)
CDBG-CV3 PSA CONTRACT 2021— COMBINED EXHIBITS
Avance-Dallas, Inc.
AVANCE-Dallas Inc.
Parent and Child Education Programs
January 1, 2021— June 30, 2022
PERIOD
Capitalized terms not defined herein shall have meanings assigned them in the contract.
PROGRAM:
$50,000
AMOUNT
The Program will provide Fort Worth families with children from birth to 4-years of age with parenting and
early childhood education. The goal of the program is to increase parent's knowledge of child development,
increase parenting skills, ensure children ages 0-35 months are developing at or above target areas, and
ensure children 36-48 months are prepared for school as measured by the Children's Learning Institute
Evaluation Tool. The Program responds to the COVID-19 Pandemic by shifting all programming to virtual
platforms, i.e. Zoom, Google Docs, and phone calls. These services will include parenting education and
early education classes for children, toy making sessions, guest speakers, and literacy activities. Participants
(adults and children) will be given assessments at entry and post-program to measure impact and results.
CDBG-CV funds will be used to pay for programming fees and a portion of salaries for
program employees.
Agency's office is located at 2060 Singleton Blvd, Ste 103, Dallas, TX 75212 and
Program services will be available via Zoom Tuesday-Thursday from 5:00-6:45pm and Fridays from 10:00-
11:45am.
Agency shall not change any locations without prior City approval. Costs incurred at any locations that have
not been approved by City shall not bereimbursed.
REGULATORY CLASSIFICATION:
IDIS Matrix Code(s) and Service Category: OSD Youth Services
National Objective Citation: LMC Low/Mod Limited Clientele 24 CFR 570.208(a)(2)
Regulatory Citation(s): 24 CFR 570.201(e)
Agency will maintain documentation which verifies that 51% of clients served by the Program are
Income Eligible Clients.
PROGRAM GOALS:
Minimum Number of Fort Worth Clients to be Served: The Program will serve a minimum of
2 2 5 Unduplicated Clients from Fort Worth as shown by the monthly reports on Attachment III.
EXHIBIT "A"
PROGRAM SUMMARY: CDBG CV3
CDBG-CV3 PSA CONTRACT 2020 — Exhibit "A" — PROGRAM SUMMARY
AVANCE-Dallas Inc.
EXHIBIT "A-1"
2020 HUD INCOME LIMITS
Effective 6/1/2020
1 person 2 persons 3 persons 4 persons 5 persons 6 persons 7 persons 8 persons
30% AMI $17,150 $19,600 $22,050 $24,450 $26,450 $28,400 $30,350 $32,300
50% AMI $28,550 $32,600 $36,700 $40,750 $44,050 $47,300 $50,550 $53,800
60% AMI $34,260 $39,120 $44,040 $48,900 $52,860 $56,760 $60,660 $64,560
80% AMI $45,650 $52,200 $58,700 $65,200 $70,450 $75,650 $80,850 $86,100
�Income limits are published at least annually by HUD.
CDBG-CV3 PSA CONTRACT EXHIBITS 2021 Page 1
Avance-Dallas, Inc. Rev. O1/15/2021
EXHIBIT "A-2"
REPORTING REQUIREMENTS FOR COUNTYWIDE AGENCIES
Avance-Dallas, Inc.
This Quarterly Report must be submitted by subrecipient agencies serving a population of clients that reside
throughout Tarrant County, rather than eXclusively in Fort Worth. In such situations, program costs must be
appropriately allocated based on the proportion of Program clients that live within the City of Fort Worth, with
costs of serving clients residing outside the City to be paid for by a resource other than City CDBG-CV3 funds.
The Quarterly Report must be submitted with the corresponding month's Reimbursement Requests throughout
the Contract period.
TOTAL # OF % OF
# OF FORT # OF NON-FORT CLIENTS FORT WORTH
DUE DATE REPORTING RANGE WORTH WORTH SERTHE BY CLIENTS
CLIENTS CLIENTS pROGRAM
��+�) (C-E)
�
`' 1 11 � 1 1� 1 '�
, � .
CDBG-CV3 PSA CONTRACT EXHIBITS 2021 Page 2
Avance-Dallas, Inc. Rev. O1/15/2021
Avance- Dallas, Inc.
Parent-Child Education
Program
PROGRAM BUDGET
Budget
Cost Line Item City of Fort Worth Other Funding Sources Total Program
CDBG-CV3 Funds (Donations, etc.) Budget
Pro ram Personnel Costs
Salaries $14,580 $14,580
FICA
Health / Dental Insurance
Life / Disability Insurance
Unem loyment Taxes
Workers Compensation Taxes
Retirement Plan Contributions
Other
Su lies and Services
Office / Program Supplies $35,420 $35,420
Postage
Printing
Com uter E ui ment / Software
Food Supplies
Teaching Aids / Craft Supplies
Field Trip Expenses
Milea e
Contractual Services/Contract Labor
Other
Facilit / O erations Ex enses
Tele hone
Electricit
Gas
Water
Office/Facility Rent
Cleanin Su lies/Services
Other
Administrative Costs
Insurance: Liability, D&O, Fidelity
Bond
Interest (Line of Credit)
Accounting / Audit
Direct Client Assistance
Rental Assistance
Utility Payments
Other
TOTAL $50,000 $50,000
EXHIBIT `B"
CDBG-CV3 PSA CONTRACT EXHIBITS 2021 Page 3
Avance-Dallas, Inc. Rev. O1/15/2021
AUDIT CERTIFICATION FORM AND AUDIT REQUIREMENTS
Agency: AVANCE-Dallas
Fiscal Year Ending: June 2021
� During the fiscal year in which funds will be received, we will exceed the federal expenditure
threshold of $750,000. We will have our Single Audit or Program Specific Audit completed
and will submit the audit report described in 2 CFR Part 200 within 7 months after the end
of the audited fiscal year or 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 $750,000 federal
expenditure threshold required for a Single Audit or a Program Speciiic Audit to be performed
this fiscal year. (Fill out schedule below)
F'edera[ Expenciiture Disclosure
MUST be tilled otil if Sin�;le Audit nr Prt��rar�l.Audit is NO"I' �•e
Federal Grai�tc�r Pa�s Tl�rc�t�� }i Pro�;ram Name & Cont3��ct
CGrantc�r C�DA N«nai�eY• Number
�:��C�.-hv�,
natory and Title
ired.
Expei�rlitures
Total Federal Expenditures for this Fiscal Year:
�'`r 1 2� 2�
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 2 CFR Part 200, as
applicable, 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.
CDBG PSA CONTRACT 2020 — EXHIBIT "C" — AUDIT CERTIFICATION FORM
AVANCE-Dallas
EXHIBIT D: INCOME CERTIFICATION FORM
City of Fort Worth Certi�cation of Income Statement
Applicant Name:
Current Address:
City and Zip:
Phone #:
Household Members and Income includin a licant name
Last Name First Name Age Monthly Source of Income
Income $$
TOTAL NUMBER OF FAMILY MEMBERS
Total Gross Annual Household Income:
(Include Yourself, Spouse, Children, ctc.)
PERSONAL INFORMATION: (Check one in each item. This Information is Required for Federal Reporting Purposes)
a. ❑ MALE b. ❑ WHITE ❑ BLACK/AFRICAN AMERICAN ❑ BLACK/AFRICAN AMERICAN & WHITE
❑ FEMALE ❑ AMERICAN INDIAN/ALASKAN NATIVE ❑ ASIAN
❑ AMERICAN INDIAN/ALASKAN NATIVE & WHITE ❑ ASIAN & WHITE
❑ NATIVE HAWAIIAN/OTHER PACIFIC ISLANDER ❑ BALANCE/OTHER
❑ AMERICAN INDIAN/ALASKAN NATIVE & BLACK/AFRICAN AMERICAN
c. ETHNICITY d. DISABLED e. IS HEAD OF HOUSEHOLD FEMALE?
❑ HISPANIC ❑ YES ❑ YES
❑ NON-HISPANIC ❑ NO ❑ NO
Certification: I certify that the information I am providing is true and could be subject to verification at any
time by a third party. I also acknowledge that the provision of false information could leave me subject to the
penalties of Federal, State and local law.
Signature of Applicant Date
WARNING: TITLE ig, SECTION lOOl OF THE U.S. CODE STATES THAT A PERSON IS GUILTY OF A FELONY
FOR KNOWINGLY AND WILLINGLY MAKING FALSE OR FRAUDULENT STATEMENTS TO ANY DEPARTMENT OF
THE UNITED STATES GOVERNMENT.
r or use
Household Size:
Applicable Income Limit:
Gross Annual Income:
Is Applicant Eligible?
Check if Applicant refused to provide demographic information: O
Staff Assessment of Demographics:
Person Making Determination: Date:
NOTE: Address, income amounts and sources for ALL household members are required.
CDBG-CV3 PSA CONTRACT EXHIBITS 2021 Page 5
Avance-Dallas, Inc. Rev. O1/15/2021
Ciudad de Fort Worth
CERTIFICACION DE DECLARACION DE INGRESOS
Nombre del Solicitante:
Direccion de Actualidad:
Ciudad y Codigo Postal:
Telefono:
Miembros Del Ho ar e In resos Inclu endo el/la Solicitante
Apellido Nombre Edad Ingreso Origen de Ingresos
Mensual
* TOTAL NLTMERO DE MIEMBROS DEL HOGAR
(Incluyase Usted.)
Total Anual de Ingresos del hogar:
**INFORMACION PERSONAL: (Seleccione uno en cada articulo. Esta informacion es requerida por el Gobierno federal.)
a. ❑ MASCULINO b. ❑ BLANCO ❑ NEGRO/AFRICANO AMERICANO ❑ NEGRO/AFRICANO AMERICANO & BLANCO
❑ FEMININO ❑ INDIO AMERICANO/NATIVO DE ALASKA ❑ ASIATICO
❑ INDIO AMERICANO/NATIVO DE ALASKA & BLANCO ❑ ASIATICO & BLANCO
❑ NATIVO HAWAIANO/OTRO DE LAS ISLAS PACIFICAS ❑ BALANCE/OTRO
❑ INDIO AMERICANO / NATIVO DE ALASKA & NEGRO/AFRICANO AMERICANO
c. ETHNICIDAD d. INCAPACITADO e. �ES LA CABEZA DEL HOGAR MUJER?
❑ HISPANO ❑ SI ❑ SI
❑ NO-HISPANO ❑ NO ❑ NO
Certificacion: Yo certifico que la informacion que yo estoy proporcionando es verdadera y puedo ser sujeto a
verificacion a cualquiera hora por tercera parte. Yo tambien reconozco que la provision de informacion falsa
puede dejarme sujeto a penalidades Federales, Estatales, y a ley local.
Firma del Solicitante
Fecha
ADVERTENCIA: TITULO 18, S�ccioN 1001 n�L coniGo nE Los �sTanos uNinos iNnica Qu� uNa
PERSONA ES CULPABLE DE UN DELITO POR SABER Y VOLUNTARIAMENTE HACER DECLARACIONES FALSOS O
FRAUDULENTAS A CUALQUIER DEPARTAMENTO DE GOBIERNO DE LOS ESTADOS UNIDOS.
-----------------Para use de
# De Miembros de Familia:
Limite de Ingreso:
apleados de la agencia---•
Ingreso Anual:
�Es solicitante elegible? :
Compruebe si el solicitante se nego a dar su informacion personal: O
Evaluacion del empleado sobre informacion personal:
Persona haciendo la determinacion:
Fecha:
Note: La direccion de la casa y los ingresos (y sus origenes) para todos miembros del hogar son requerido
CDBG-CV3 PSA CONTRACT EXHIBITS 2021 Page 6
Avance-Dallas, Inc. Rev. O1/15/2021
EXHIBIT E: STANDARDS FOR COMPLETE COST DOCUMENTATION
Documentation Standards for
CDBG-CV3 Funds Contract Ex enses
If an employee works on both a City CDBG-CV Funded Program and another
program funded through other sources, the City will only reimburse for a
reasonably cost-allocated portion of the employee's salary. Prior to the
reimbursement of salary expenses, and with the first Reimbursement Request,
the Agency will provide the City with a written statement on how each
employee's time was allocated (for previously-incurred expenses) and how the
Salaries X X time will be allocated for the remaining term of the Contract. If an employee
works 100% of their time directly with the City's CDBG-CV3-funded Program,
then 100% of the employee's salary may be eligible for reimbursement.
Statements must be signed by a person authorized to sign on behalf of the
Agency and should be submitted with the October invoice.
Reimbursement requests must include a timesheet and work log that reflects
the hours worked by the employee(s) working directly on the CDBG-CV3-
funded Program. For employees who are paid with multiple funding sources,
timesheets must reflect all funding sources. If separate timesheets are kept for
each funding source, all such timesheets must be submitted to City.
Timesheets must be signed by employee and supervisor. Agency must show a
calculation and documentation of how the employee's salary was calculated
and invoiced to City.
*If employees are paid by direct deposit rather than check, then the agency
must submit both the direct deposit payment company's report (such as an
ADT report) and a bank statement or check showing payment to the direct
deposit company.
FICA/Medicare X X
Life Insurance X X If the City reimburses for an employee's gross salary, and these benefits
represent deductions from the employee's take-home pay, the employee costs
Health or for these benefits expenses should be reflected on the pay advice. If the City
Disability X X
pays the employer portion of these benefits, the Agency must provide
Insurance documentation verifying that the employee is enrolled in the benefit plan,
Retirement / documentation of how the invoiced amount was calculated, and must provide
Pension Plan X X documentation verifying payment.
Unemployment
Insurance X X
CDBG-CV3 PSA CONTRACT 2021
Avance-Dallas, Inc.
Materials, Equipment, Goods and Supplies - City will only reimburse for the approved cost- allocated percentage or amount directly
spent in support of the CDBG-CV3-funded Program. As applicable, agencies must show calculation on how the CDBG-CV3 portion of
these expenses were cost-allocated consistently their use on the CDBG-CV3-Funded program.
Office Supplies X X X
Office Equip.
Rental X X X X X
Postage X X X
Printing X X X
Supplies his may include cleaning supplies, program supplies such as teaching aids or
X X X craft materials, and food supplies
Rent, Utilities and Maintenance - City will only pay for a portion of these expenses. The portion of these expenses will be determined
by the square footage occupied by CDBG-CV3- Funded Program staff and shall be cost-allocated in accordance with the amount of
space used for the CDBG-CV3-funded Program. Agency Reimbursement Requests must demonstrate calculation of the CDBG-CV3
portion of these expenses and cost-allocation consistent with the applicable sections of the Contract.
Rent X X X X X City may pay for a portion of the rent for the Program facility so long as it is in
proportion to the square footage attributable to the CDBG-CV3- funded program
and the cost was incurred in order to prevent, prepare for, or respond to the
Facility X X X X This item requires approval by the City prior to the execution of the Contract
Maintenance to confirm direct relationship to the Coronavirus Pandemic.
and Re airs
Miscellaneous
Contracted Labor This item requires prior approval by the City. Prior to the execution of the
or Services X X X X X Contract, the Agency must provide a written statement that lists the contractual
labor or services to be used during the Contract term, including services such as
security services, legal, accounting, transportation providers, educational
facilitators, custodial services, etc. Agencies may not use the contract services
of any City of Fort Worth Department.
City requires that the agency submit its fee schedule or formula on how the
Childcare or Agency calculates the childcare scholarship amount. The fee schedule/formula
Youth Services should demonstrate a breakout of income levels, as applicable, and for each
Scholarships X X income level the schedule should demonstrate which portion of the expense
is to be paid by the family and which portion of the expense is to be
reimbursed by the City. A fee schedule/formula must be submitted to the City
prior to or accompanying the first payment request. If the fee
schedule/formula changes at any time during the contract term, the Agency
must immediately notify City on the date the new fee schedule/formula takes
into effect and provide the updated schedule.
Proof of payment documentation means:
• Image of the check AND bank statement showing the check cleared the bank;
OR,
• Image of the cancelled check (ex. At end of bank statement); OR,
• Payroll Check Stub, "Advice", or Statement AND Bank Statement indicating
payroll; OR,
• For wire or e-transfers: Receipt or statement from payee/vendor OR bank
statement.
CDBG-CV3 PSA CONTRACT 2021
Avance-Dallas, Inc.
Avance-Dallas, Inc. EXHIBIT "F"
CDBG-CV3 FUNDS Duplication of Benefits Certification
The undersigned certifies the organization for which he/she is the approved signatory will comply with
Section 312 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act and with Section
1210 of the Disaster Recovery Reform Act of 2018, which require that duplication of benefits will be
prevented in provision of services funded under this contract. The undersigned also certifies that he/she
understands that this means that in providing assistance to eligible populations, grant funds will not be
used to pay costs if another source of financial assistance is available to pay that cost. The undersigned
further certifies that no person, household, business, nonprofit organization or government entity will
receive financial assistance from multiple sources (including this contract) for the same purpose such that
the total assistance received for that purpose is more than the total need for assistance. The undersigned
also certifies that as a subrecipient for CARES CDBG-CV3 Funds under this contract, the agency has not
received other funds to be used for the same purposes for the same clients in excess of the total needed for
provision of that service. The undersigned further certifies, and agrees, that if he/she or the organization
for which he/she is certifying, subsequently receives a duplicative benefit, he/she or the organization will
repay the funds he/she received under this Agreement to City.
The undersigned further certifies that:
• Salary costs proposed to be reimbursed through this contract were not covered by, and will not
duplicate benefits provided by, the Paycheck Protection Loan Program.
• Costs proposed to be reimbursed through this contract were not covered through and will not
duplicate benefits provided by, an Economic Injury Disaster Loan.
• Food or related services costs to be reimbursed through this contract were not and will not be covered
through, and will not duplicate benefits provided by, the FEMA Public Assistance Program, the
FEMA Emergency Food and Shelter Program, the USDA Commodity Supplemental Food program,
the Child Nutrition Programs of the USDA (including the National School Lunch Program and the
Summer Food Services Program); the USDA Supplemental Nutrition for Women, Infants and
Children (WIC) Program, the USDA Pandemic EBT Program for school-age children affected by
school closures, the HHS Community Living Allocation program for older adults, Dislocated Worker
Grants from the U.S. Dept. of Labor,
• Costs to be reimbursed through this contract were not and will not also be reimbursed by the Tarrant
County Coronavirus Relief Fund CARE4Tarrant Nongovernmental Organization Program or the
City of Fort Worth CARES Nonprofit Assistance Program.
The undersigned certifies that, to date, he/she or the organization he/she represents, has received, or
reasonablv anticinates receivin�. the followin� notentiallv dunlicative assistance (if none. leave blax
Organization:
Typed Name: Title:
Signature: Date:
CDBG-CV3 PSA CONTRACT 2021
Avance-Dallas, Inc.
EXHIBIT G
CERTIFICATION FORM
DOCUMENTING CLIENT STATUS AS "SEVERELY DISABLED ADULT"
Client Name:
Address:
City, State, Zip
Client Identification No.
CHECK ALL THAT APPLY
❑
❑�
❑�
n
n
❑�
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, bathing, dressing, eating, and toileting.
Is unable to perform or needs assistance to perform one ar 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:
CFW Neighborhood Services Dept.: Revised 08/29/2019
Date:
CDBG-CV3 PSA CONTRACT 2021
Avance-Dallas, Inc.
EXHIBIT H
FAITH-BASED ORGANIZATION: Notice of Beneficiary Rights
Name of Agency:
Name of Program:
Contact information for Program Staff (name, phone number, and e-mail address, if appropriate):
Because this program is supported in whole or in part by direct Federal financial assistance from
the Federal Government, we are required to let you know that:
• We may not discriminate against you on the basis of religion, religious belief, a refusal
to hold a religious belief, or a refusal to attend or participate in a religious practice;
• We may not require you to attend or participate in any eXplicitly religious activities that
are offered by us and any participation by you in these activities must be purely
voluntary;
• We must separate, in time or location, any privately funded explicitly religious activities
from activities supported by direct Federal financial assistance;
• If you object to the religious character of our organization, we must make reasonable
efforts to identify and refer you to an alternative provider to which you have no such
objection; and
• You may report an organization's violations of these protections, including any denial of
services or benefits, by contacting or filing a written complaint to HUD [or the
intermediary, if applicable].
We must give you this written notice before you enroll in our program or activity, as required by
24 CFR 5.109.
CDBG -CV3 CONTRACT 2021
AVANCE-DALLAS, INC
EXHIBIT D
REIMBURSEMENT FORMS
Reimbursement Forms will be provided to Subrecipient in electronic Excel Format upon
execution of the Contract. These Exhibit pages illustrate the contents of the three required
Reimbursement Forms: Attachment I(Invoice), Attachment II(Expenditure Worksheet),
and Attachment III (Client Data Report).
ATTACHMENT I: INVOICE
INVOICE
Agency:
Address:
City, State, Zip:
Program:
Period of Service:
Tax ID No.
P.O. No.
FID No.
Amount
Pro ram This Invoice Cumulative to Date
CDBG-CV3
CDBG -CV3 CONTRACT 2021
AVANCE-DALLAS, INC
EXHIBIT D: ATTACHMENT II: EXPENDITURE WORKSHEET
Agency:
Program:
Line Check * Account Expense Line Item
No. No. Date Payee Description/Job Title Code Amount Account
1 PROGRAM PERSONNEL
2 Salaries 1001
3 FICA 1002
4 Life/Disability Insurance 1003
5 Health/DentalInsurance 1004
6 Unemployment-State 1005
7 Worker's Compensation 1006
8 Retirement 1007
9 SUPPLIES /SERVICES
10 Office/Program Supplies 2001
11 Posta e 2002
12 Printing 2003
13 Other( ) 2004
15 MISCELLANEOUS
16 Contractual Services 3001
17 Food Supplies 3002
18 Teachin Aids 3003
19 Craft Supplies 3004
20 Field Tri Expenses 3005
21 Mileage 3006
22 OtherO 3007
24 FACILITY / UTILITIES
25 Telephone 4001
26 Electric 4002
27 Gas 4003
28 Water and Wastewater 4004
29 Solid Waste Dis osal 4005
30 Rent 4006
31 Cleaning Supplies 4007
32 Other( ) 4008
33 LEGAL, FINANCIAL, INS.
34 Fidelity Bond or Equivalent 5001
35 Directors and Officers Ins. 5002
36 General Commercial Liability 5003
37 Other( ) 5004
38 DIRECT ASSISTANCE
39 Rental Assistance 6001
40 Utility Assistance 6002
Total $0.00 Other (.....) 6003
Please group like account codes; Contract Budget line items are the only cost types eligible for reimbursement.
CDBG —CV3 CONTRACT 2021
AVANCE-DALLAS, INC
EXHIBIT D: REIMBURSEMENT FORMS
ATTACHM NT III: CLIENT DATA REPORT
�
CDBG -CV3 CONTRACT 2021
AVANCE-DALLAS, INC
City of Fort Worth,
Mayor and
Texas
Council Communication
DATE: 12/15/20 M&C FILE NUMBER: M&C 20-0940
LOG NAME: 19NS CARES ACT HUD FUNDS CDBG-CV3 AWARDS
SUBJECT
(ALL) Authorize Acceptance of Coronavirus Aid, Relief, and Economic Security Act Community Development Block Grant to be Awarded by the
United States Department of Housing and Urban Development in an Amount Up to $5,468,206.00, Approve a Substantial Amendment to the City's
2019-2020 Annual Action Plan for the use of the Grant Funds, Authorize Execution of Related Contracts, Adopt Appropriation Ordinance, and
Authorize Waiver of Indirect Costs
RECOMMENDATION:
It is recommended that City Council:
1. Authorize acceptance of Coronavirus Aid, Relief, and Economic Security (CARES) Act Community Development Block Grant (CDBG-CV3)
to be awarded by the United States Department of Housing and Urban Development in an amount up to $5,468,206.00 (CDBG-CV3 funds);
2. Approve a substantial amendment to the City's 2019-2020 Annual Action Plan for submission to the United States Department of Housing
and Urban Development for the use of CDBG-CV3 funds in the amount of $5,468,206.00 and acceptance of this award of the City's second
allocation of CARES Act Community Development Block Grant funds, including allocations of grant funds to particular programs and
activities as detailed below;
3. Authorize City Manager or his designee to execute contracts for up to eighteen-month terms with the agencies listed in Table 1 below for
CARES Act CDBG-CV3 funds, contingent upon receipt of funding and satisfactory completion of all regulatory requirements;
4. Authorize the City Manager or his designee to extend contracts if an agency requests an extension and such extension is necessary for
completion of the program, or to amend contracts if necessary to achieve program goals, provided any amendment is within the scope of the
program and complies with City policies and all applicable laws and regulations governing the use of federal grant funds;
5. Adopt the attached appropriation ordinance increasing the receipts and appropriations in the Grants Operating Federal Fund in the amount
of $5,468,206.00 subject to receipt of the grant, for the purpose of funding Community Development Block Grant (CDBG-CV3)
programs,services, and activities; and
6. Authorize a waiver of the Neighborhood Services Department indirect cost rate of 18.73%, estimated total of $204,839.00.
DISCUSSION:
The CARES Act was signed into law on March 27, 2020, to respond to the many impacts of the COVID-19 public health emergency. The CARES
Act includes provisions to help local governments prevent, prepare for and respond to the Coronavirus, including providing for additional
allocations of forumula grant funds under the Community Development Block Grant (CDBG) program. The City was notified by United States
Department of Housing and Urban Development (HUD) on April 9, 2020, of its initial award of $4,360,291.00 in CDBG-CV funds. These funds
were subsequently awarded to eligible activities and programs through M&C 20-0330 and M&C 20-0471 in May and June of this year. The City
was notified on September 11, 2020, of the award of its second allocation of CDBG funds, known as CDBG-CV3, in the amount of
$5,468,206.00. All funds must be used to prevent, prepare for, and respond to the Coronavirus.
On October 14, 2020, the Community Development Council (CDC) as the City's advisory body for the use of CDBG-CV3 funds approved a
funding recommendation for the award of these funds. Four key activities were approved by the CDC for CARES Act funds; emergency rental
assistance, employment-related services, childcare related to employment, and youth education/tutoring services. In addition, a Healthy Homes for
Seniors program, providing home repairs for seniors ages 62 and older, was recommended for funding. Emergency rental assistance activities
address the Consolidated Plan goal for affordable housing. Services for the elderly address the Consolidated Plan goal for aging in place.
Employment-related services address the Consolidated Plan goal for poverty reduction and household stabilization.
The CDC also approved a two-tier process for allocation of the CARES Act funds. Tier one funds totaling $4,093,641.20 are recommended to be
awarded directly to agencies for the activities listed in the table below. Tier two funds totaling $1,374,564.80 will be awarded for the four above-
listed priority activities through a competitive Request for Proposal process that identifies additional service-delivery partners by the end of
Decmber, for CDC review and approval in early January, and subsequent City Council approval.
A 5-day public comment period was held from November 22, 2020 to November 28, 2020. Notice of this public comment period was published in
the Fort Worth Star-Telegram, posted on the City's website, and distributed through the City News and other ongoing communications activities of
the City Community Engagement Office. Any comments received are maintained by the Neighborhood Services Department in accordance with
federal regulations.
A summary of funding recommendations approved by the CDC is provided below. A spreadsheet of funding recommendations is also attached.
This Substantial Amendment Action Plan for use of CARES Act funds under the CDBG-CV3 program will be submitted to HUD following City
Council approval.
Indirect costs totaling approximately $204,839.00 could be charged to this grant, as the Neighborhood Services Department Indirect Cost rate is
18.73% in the City's most recent Cost Allocation Plan. A waiver of these costs is requested to allow allocation of these funds to further support the
programs and services to assist low-to-moderate income citizens impacted by the coronavirus.
CARES ACT COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG-CV3)
It is recommended that $4,093,641.20 of CDBG-CV3 funds be allocated as follows:
General Administration: $1,093,641.20
Costs of planning for, administering, reporting on, and monitoring all activities paid for with CDBG-CV3 funds.
Direct Awards to Public Service Agencies ($3,000,000.00): Contracts are recommended for the following agencies and programs in the following
amounts:
These programs are available in ALL COUNCIL DISTRICTS.
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds
will be available in the current operating budget, as appropriated, in the Grants Operating Federal Fund. The Neighborhood Services
Department (and Financial Management Services) will be responsible for the collection and deposit of funds due to the City. Prior to an
expenditure being incurred, the Neighborhood Services Department has the responsibility to validate the availability of funds. This is a
reimbursement grant.
Submitted for City Manager's Office b� Fernando Costa 6122
Originating Business Unit Head: Victor Turner 8187
Additional Information Contact: Sharon Burkley 5785
City of Fort Worth,
Mayor and
Texas
Council Communication
DATE: 01/12/21 M&C FILE NUMBER: M&C 21-0016
LOG NAME: 19NS CARES ACT HUD FUNDS CDBG-CV3 TIER II AWARDS
SUBJECT
(ALL) Approve Awards of Federal Grant Funds in the Amount of $1,374,564.80 from the United States Department of Housing and Urban
Development Coronavirus Aid, Relief, and Economic Security Act Community Development Block Grant and Authorize Execution of Related
Contracts
RECOMMENDATION:
It is recommended that City Council:
1. Approve awards of federal grant funds in the amount of $1,374,564.80 from the United States Department of Housing and Urban
Development Coronavirus Aid, Relief, and Economic Security Act;
2. Authorize the City Manager or his designee to execute contracts for up to eighteen-month terms with the nonprofit agencies for Coronavirus
Aid, Relief, and Economic Security Act Community Development Block Grant funds, contingent upon receipt of funding and satisfactory
completion of all regulatory requirements; and
3. Authorize the City Manager or his designee to extend contracts for up to one year if an agency or department requests an extension and
such extension is necessary for completion of the program, or to amend contracts if necessary to achieve program goals, provided any
amendment is within the scope of the program and complies with City policies and all applicable laws and regulations governing the use of
the federal grant funds.
DISCUSSION:
The Coronavirus Aid, Relief, and Economic Security (CARES) Act was signed into law on March 27, 2020, to respond to the many impacts of the
COVID-19 public health emergency. The CARES Act includes provisions to help local governments prevent, prepare for and respond to the
Coronavirus, including providing allocations of formula grant funds under the Community Development Block Grant (CDBG) program. The City
was notified by United States Department of Housing and Urban Development (HUD) on April 9, 2020, of its initial award of $4,360,291.00 in
CDBG-CV funds. These funds were subsequently awarded to eligible activities and programs through Mayor and Council Communication (M&C)
20-330 and 20-0471 in May and June of this year. The City was notified on September 11, 2020, of the award of its second allocation of CDBG
funds, known as CDBG-CV3, in the amount of $5,468,206.00. These funds were accepted and partially awarded to eligible activities and
programs through Mayor and Council Communication (M&C) 20-0940 on December 15, 2020, including the adoption of the appropriation
ordinance and waiver of indirect costs. All funds must be used to prevent, prepare for, and respond to Coronavirus.
On December 9, 2020, the Community Development Council (CDC) as the City's advisory body for the use of CDBG-CV3 funds approved a
funding recommendation for the award of these funds. Four key activities were approved by the CDC for CARES Act funds; emergency rental
assistance, employment-related services, childcare related to employment, and youth education/tutoring services. Emergency rental assistance
activities address the consolidated plan goal for affordable housing. Childcare and employment-related services address the consolidated plan
goal for poverty reduction and household stabilization. Youth education/tutoring services address the consolidated plan goal for childcare/youth
tutoring and mentoring.
A five-day public comment period was held from December 22 , 2020 to December 29, 2020. Notice of this public comment period was
published in the Fort Worth Star-Telegram, posted on the City's website, and distributed through the City News and other ongoing communications
activities of the City Community Engagement Office. Any comments received are maintained by the Neighborhood Services Department in
accordance with federal regulations.
A summary of funding recommendations approved by the CDC is provided below. A spreadsheet of funding recommendations is also attached.
It is recommended that $1,374,564.80 of CDBG-CV3 funds be allocated as shown below. Contracts are recommended for the following agencies
and programs in the following amounts:
CARES ACT COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG-CV3)
Table 1: CDBG-CV3 AGENCIES
AGENCY PROGRAM FUNDING AREA AMOUNT
United Community Centers, Inc. Child Care for Working Caregivers Childcare Services $80,000.00
Recovery Resource Council Recovery Support Services Employment-Related $75,000.00
Services
The LadderAlliance Bilingual Career Instructor Employment-Related $200,000.00
Services
Table 1: CDBG-CV3 AGENCIES
AGENCY PROGRAM FUNDING AREA AMOUNT
Tarrant County Samaritan Housing, Inc. Short Term Rental Assistance and Homeless Emergency Rental $200,000.00
Prevention Assistance
Volunteers of America Texas Inc. VOA - Rental Assistance Emergency Rental $75,000.00
Assistance
Avance-Dallas, Inc. Parent-Child Education Program Youth Education/Tutoring $50,000.00
Boys & Girls Club of Greater Tarrant County, Expanded Mobile Basic Needs Youth Education/Tutoring $75,000.00
Inc.
Clayton Child Care, Inc. Stop 6/Meadowbrook After School Youth Education/Tutoring $180,000.00
Fortress Youth Development Center, Inc. Fortress After School Youth Education/Tutoring $45,000.00
Fort Worth Museum of Science and History Little Scholars Program Youth Education/Tutoring $45,000.00
Fort Worth SPARC Camp SPARC Spring 2021 Youth Education/Tutoring $75,000.00
Girls Incorporated of Tarrant County Academic Coaches for Girls in Fort Worth Youth Education/Tutoring $184,564.80
Literacy United, Inc. Literacy Intervention Project Youth Education/Tutoring $45,000.00
Rivertree Academy, Inc. 4th & 5th Grade Tutoring & Technology Youth Education/Tutoring $45,000.00
TOTAL CDBG-CV3 CONTRACTS $1,374,564.80
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations, funds will be available in the current operating budget, as
appropriated, in the Grants Operating Federal Fund. The Neighborhood Services Department (and Financial Management Services) will be
responsible for the collection and deposit of funds due to the City. Prior to an expenditure being incurred, the Neighborhood Services Department
has the responsibility to validate the availability of funds. This is a reimbursement grant.
Submitted for City Manager's Office b� Fernando Costa 6122
Originating Business Unit Head: Victor Turner 8187
Additional Information Contact: Sharon Burkley 5785