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HomeMy WebLinkAboutContract 5621356213 Area Median Income or AMI means the median family income for the Fort Worth-Arlington metropolitan statistical area as established anmially Uy HUD. The 2021 income limits are attached hereto as EXHIBIT "A-1" — 2021 HUD Income Limits. Business Diversity Enterprise Ordinance or BDE means the City's Business Diveisity Ordinance, Ordinance No. 20020-12-2011, as may be amended fi•om time to time. CDBG means Community Development Blocic Grant. Cotnplete Documentation ineans the following documentation as applicable; • Attachments I, II, III, and IV with supporting documentation including: o Proof of expense: copies of timesheets, invoices, leases, service or construction/vendor contracts or other documentation showing that payment is due by Agency. o Proof of payment: cancelled checics, banlc statements, conditional and unconditional lien releases, as appropriate, or wire transfers necessary to demonstrate that amounts due by Agency were actually paid by Agency. o Proof of elient eligibility: Source Documentation for all clients �articipating in the Program. o Other documentation: (i) complete pacicet of all conditional, and unconditional, lien releases for all draws and including the final lien releases signed by Developer's general contractor or subcontractors, if applicable; (ii) copies of all City permits and City-issued "pass" inspections for such worlc; (iii) documentation showing compliance with BDE or DBE bidding process for procurement or Contract activities, if applicable; (iv) proof of contractor, vendor or subcontractor eligibility as described in Section 6.6; and (v) any other documents or records reasonably necessary to verify costs spent and regulatoiy compliance for the project. • Complete Documentation shall meet the standards described in the attached EXHIBIT "F" - Standards of Documentation. • Any other document or record reasonably necessary to verify costs spent and client eligibility for the Program. CDBG Funds means the CDBG grant fimds supplied by City to Agency under the terms of this Contract. CDBG Regulations ineans regulations found at 24 CFR Part 570 et seq. DB� means disaclvantaged business enterprise in accordance with 49 CFR Part 26. Directoi• ineans the Dii•ector of the Neighborhood Services Depai•tment, or the Director's designee. Effective Date means the date of execution by tlie City of this Conh�act. CDBG CONTRACT: PRES�RV� A HOM� PROGRAM Page 2 TRINITY HABITAT POR HUMANI'I'Y (CARV�R H�IGHTS rAST & HISTORiC CARV�R HEIGHTS MODEL BLOCICS) HUD means the United States Department of Housing and Urban Development. IDIS means Integrated Disbuisement Inforination System, HUD's project tracicing system. Iiicome Eligible Client ineans a client whose annual income adjusted for family size does not exceed 80% of AMI using the most current HUD Tncome Guidelines and Technical Guidance for Determining liicoine and Allowances. The definition of annttal income to deterinine client inconle eligibility shall Ue the definition contained in 24 CFR Part 5.609, as an7ended fi•om time to ti�ne. Leveraged Tunds means dollais obtained by Agency fi•om otl�er non-City sources that are expended on direct Preserve-A-Home Program home repair expenses, Leveraged Resources means dollais or in-lcind donations obtained by Agency fi•om otl�er non- City sources that are expended on direct Pi•eserve-A-Home Program expenses, including staff costs, or related direct program operational expenses, but not inchlding indirect costs. National Objective means an activity that benefits low and moderate income persons. For the purposes of this Contract, 100% of the clients served by the Program must be Income Eligible Clients. Neighborhood Iinprovement Program means geographic area designated by the City of Fort Worth City Council as a target area for investment of additional resources as fiu•ther described by Resolution No. 5038-12-2020. Neigliborhood Services Departmeut means the City's Neighborhood Services Department. Neigl►borly Software — Online database maintained by the City of Fort Worth for Agency to submit monthly reimbursement requests, OMB means the Office of Management and Budget. Program means the services described in EXHIBIT "A" — Program Summ�iy. Reimbursement Request means all re�orts and other documentation described in Section 9. Source Documentation means documentation of full household income of any type described under the de�nition of aiuival income in 24 CFR Part 5.609, including but not limited to copies of paychecics, Social Security and disability vei•ification letters, interest or rental incoine statements, retirement income statements, child support and alimony verification, unemployment benefit letters, and the lilce. Unduplicated Clients means a count of all clients seived by the Program at least once in the Contract Term. Clients served by the Progcatn more than once in the Contract Term will only Ue counted the first time they are served when determining the total count of Unduplicated Clients. 3. TERM. CDBG CON'1'RACT: PR�S�R\�E A HOM� PROGRAM P1ge 3 TRINITY HABITA'I' FOR HUMANITI' (CARV�R HGIGH'I'S �AS'C & HISTORIC CARVER I-IrIGHTS MOD�L BLOCKS) The term of this Contract begins on the Effective Date and terminates 18 months thereafter ("Expiration Date") unless earlier terminated as provided in this Contract. City Council authorized the City Manager or his Designee to extend the Contcact terms if necessary for completion of the Program goals (M&C 20-0226). 4. DUTIES AND RESPONSIBILITIES OT CITY. 4.1 Provide CDBG T'unds. City sl�all provide up to Two Hundred and Te� Dollars, and Forty-Five Cents ($210,899.45) of CDBG tl�is Contract for Agency's Preserve-A-Home Program. Thousand, Eight Hundred Ninety-Nine Funds under the terms and conditions of 4.2 Monitor. City will monitor the activities and �erformance of Agency and any of its contractois, subcontractois or vendois as necessary, but no less than annually. Monitoring by City will include detei•mining whether Agency is meeting the National Objective during the term of this Contract. 4.3 Communicate and Coordinate with A�ency Re�ardin� LeadSafe Pro�ram City will receive referrals of prospective Program clients fi•om Agency, determine potential LeadSafe Program eligibility for such clients, communicate in writing with Agency regarding such potential eligibility, procure Lead Rislc Assessments for housing units determined to be potentially eligible, provide copies of the Lead Rislc Assessment Reports to Agency for such referred properties, malce final determinations regarding LeadSafe Program eligibility based on the results of the Lead Rislc Assessment, and communicate in writing with Agency regarding the final eligibility determination. For approved clients, City will communicate in writing to Agency regarding the scheduling of Lead Hazard Reduction worlc at the unit so that the timing of Preserve- A-Home repairs can be appropriately coordinated. 5. DUTI�S AND RESPONSIBILITIES OF AGENCY. 5.1 Required Services. Agency shall perform the seivices described in EXHIBIT "A" — Program Summaty in accordance witl� the terms and conditions of this Contract. 5.2 Use of CDBG I'unds. 5.2.1. Compliance with CDBG Re�ulations �nd Contract. Agency shall be reimbursed for eligible Program costs with CDBG Funds only if City determines in its sole discretion that: 5.2.1.1 Costs are eligible expenditures in accordance with CDBG Regulations. 5.2.1.2 Costs are in compliance with this Contract and are reasonable and consistent with industry norms. CDBG CONTRAC'I': PI2ES�RV� A I-IOME PROGRAM �'�b�'� TRINITi' HABITAT FOR HUMANITI' (CARV�R HGIGH'I'S EAST & IiIS'('ORIC CAItVER H�IGHTS MODEL BLOCICS) 5,2.1.3 5.2.2 5.2,3 Bud�et• Complete Documentation, as applicable, is submitted lo City by Agency. 5.2.2.1 The CDBG Funds will Ue 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 deci•eases are necessai•y. All requests shall Ue approved by Director in writing, with such approval being in the Director's sole discretion. If Director approves the Agency's proposed Budget amendment (as approved, the "Amended Budget"), then the Amended Budget will talce effect on the �rst day of the month Following the month in which it was approved by Director, unless otherwise specified in the amendment. All requests for Budget amendments must be submitted Uy Decembei• 31, 2022. Chan�e in Pro�ram Bud�et. 5.2.3.1 Agency will notify City promptly of any additional fi�nds it receives for operation of the Prograin, and City reserves the right to amend this Contract in sucl� instances to ensure compliance with HUD regulations governing cost allocation. 5,2.3.2 Agency agrees to utilize the CDBG Funds to supplement rather than supplaiit funds otherwise available for the Program. 5.2.4 Paymeut of CDBG Funds to A�ency. CDBG Funds will be disbuised 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 fiinds budgeted for the Program prior to Expiration Date, City may hold bacic a small amount of the CDBG Funds until the end of the term. During this interim period, Agency must continue to submit Attachment III — Client Data Report in EXHIBIT "D" — Reimbursement Forins monthly. It is expressly �greed by the Parties that any CDBG Funds not spent or approved for reimbtu�sement 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" — Program Summary and the table below: CDBG CON'I'RACT: PI2�SERV� A HOM� PROGRAM Page 5 TRiNI'fY HABITA'I' POR I-IUMANITY (CARVER H�IGI-ITS �AST & IIISTORIC CARVCR HEIGHTS MODEL BLOCICS) Unduplicated Clients as specified in EXIIIBIT "A" — Program Month �xpenditures Summary 6 35% 35% 12 70% 70% 18 100°/a 100% 5.3.2 Failure of Agency to meet these milestones or a material deviation fi•om them as outlined in this Section 5.3 is a breacl� of this Contract. Foi• the purpose of this Section, "material deviation" shall mean more than 10% lower than the specified goal. In the event of such breach, City resei•ves the right in its sole option to (i) delay or withhold payment of Reimbursement Requests, (ii) lower Agency's allocation of CDBG Funds, or (iii) terminate this Contract. 5.3.3 Failure to meet at least SO% of its �erformance milestones or serve 12 of the proposed 15 Unduplicated Clients under this contract may, in City's sole discretion, disqualify Agency for consideration for federal grant fiinds associated with subsequent Program Years. 5.3.4 Amendments to performance milestones regarding CDBG 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 Pei•formance Milestones"), then the Amended Pei•formance Milestoties will talce effect on the first day of the month following the month in which it was approved Uy Director, unless otherwise specified in the amendment. All requests for amendments to performance milestones must be submitted by November 1, 2022. Notwithstanding tl�e 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 Identify Pro�ram Expeiises Paid with CDBG Funds. Agency will lceep accounts and records in such a manner that City may readily identify and account for Program expenses reimbursed with CDBG Funds. These records shall be made available to City for audit purposes and shall be retained as required hereunder. 5.4.1 Identify Program Expenses Paid with Leveraged Funds Agency will lcee� accounts and records in such a maimer that City may readily identify and account for Prograin expenses paid with Leveraged Agency Funds and addresses where such Leveraged Funds were expended. 5.5 Meet National Obiective. Agency shall ensure that the activities carried out in the Progcam will meet the National OUjective. 5.6 Pro�ram Subcozitracts. Agency shall not enter into a subcontract with another agency, contractor, or vendor to provide a seivice to clients for any part of the Program that will be paid with CDBG Funds without City's wi'itten consent. CDBG CONTRACT: PR�S�RV� A HOM� PROGRAM Page G TRINITY HABITAT FOR HUMANITY (CARVL,R HEIGH'I'S �AST & HISTORIC CARVLR HCIGH'I'S MODEL BLOCICS) 6. CLIENT ELIGIBILITY VERIFICATION. 6.1 Client �li�ibilit.y. Agency will document client eligibility as follows: 6,1.1 A�ency Clients. Agency must verify all new clients' income with Soiu•ce Documentation. Agency must use the annual income definition in 24 CFR Part 5.609 to establish client income and must use the most cui•rent IIUD Income Guidelines. The incoine of all Pi•ogram clients must be documented and 100% of them must be I�icome Eligible Clients. 6.1.1.1 All Program clients Reimbursement For� which tl�e appropriate presumed ineligible, inust be reported on EXHIBIT "D" is, Attaehment III. Any Agency clients Source Documentation is not obtained shall for Ue 6.2 Submission of Complete Documentation. Agency must submit copies of documentation of client eligibility described in Section 61 with Attachment III with each month's Reiinbui•seinent 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 eai•liei• termination or expiration of this Cont�•act. 7. ADDITIONAL CDBG I2�QUIREM�NTS. Agency agrees to comply with all requirements of the CDBG Program as stated in the CDBG Regulations, including but not limited to the following: 7.1 Environmental Review. CDBG Funds will not be paid, and costs cannot be incurred on a given site until City has conducted an environmental review and completed an Envii•onmental Review Record for that site as required by 24 CFR Part 58. The individual enviroimlental reviews may result in a decision to proceed with, inodify, or cancel the fiinding for the Program. Further, Agency will not undertalce or commit any fiinds to pliysical or cl►oice limiting actions �s described in auy �pplicable federal regulations. Any violation of this provision will (i) cause this Contract to terminate immediately, and (ii) require Agency to repay City the CDBG Funds it has already received and foi•feit any fiihice payments of CDBG Funds. Agency is responsible for submitting to City all required information, photographs, and documenlation necessary for completion of the Environmental review process. 7.1.2 Environmental Miti�ation. CDBG CONTRACT: PR�S�RVC A HOME PROGRAM P1ge 7 TRiNITY HABITAT FOR I IUMANITY (CARV�R HEIGHTS CAST & HISTORIC CARVER I-I�IGH'I'S MOD�L BLOCICS) If applicaUle, Agency must talce the mitigation actions outlined in EXI3IBIT "A-2" — Lead-Safe / Preserve-A-Home Program Partnei'S�ll�l EI1Vlt•onmental Review Process. Failure to complete the required mitigation action is an event of default under this Contract. 7.2 Contract Not Constitutin� Commitment of I'unds. Notwithstanding any provision of this Contract, the Parties agree and acicnowledge that this Contract does not constitute a commitment of fiuids, and that such commitment of funds or approval may occur only u�on (i) satisfactoiy completion of an enviromnental review and receipt by City of an authorization to use grant fiinds fi•om HUD under 24 CFR Part 58, (ii) approval of City's 2019-2020 and 2020-2021 Action Plans respectively, and (iii) receipt by City of a grant agreement fcom HUD. 7.3 Monitorin�. 7.3.1 Agency understands and agrees that it. will Ue subject to monitoring by City for compliance with terms and provisions of this Contract 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 immediately following the ex�iration or termination of this Contract. 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 of�ces and records pertaining to the use of the CDBG Funds, and to Agency's officers, directors, agents, employees, contractors, subcontractors and vendors for the purpose of such monitoring. 7.3.3 In addition to other provisions of this Contract regarding fi•equency of monitoring, City reserves the right to perform deslc 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 iindings after each monitoring visit. If the monitoring repoi•t notes de�ciencies in Agency's performance, the report shall inchide requirements for the timely correction of said deficiencies by Agency. Failure by Agency to talce the action specified in the monitoring report may be cause for suspension or termination of this Contract as provided herein. 7.3.4 SuUsections 7.3.1 through 7.3.3 shall Ue 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 inonitoring of any of its programs and single audits. Such results shall be submitted within 60 days of receipt of such state or federal monitoring report, or with the January Reimbuisement Request, whichever is earlier. 7.4 A�ency Procurement Standards. Agency shall comply with all applicaUle federal, state and local laws, regulations, and CDBG CONTRACT: PR�SERV� A HOM� PROGRAM Page 8 TRINITY HABITAT FOR HUMANITY (CARVER H�IGHTS �AST & HISTORIC CARV�R HEIGHTS MOD�L BLOCICS) ordinances for malcing procurements under this Contcact. In addition to the conflict of interest provisions in Section 14.13.3, Agency shall establish written pi•ocurement procedures to enstue that materials and services are obtained in a cost effective manner and that provide for full and open competition. Agency shall provide a copy of such procurement procedures to City before the first payment for construction services is processed. When procuring materials and services for this Contract, Agency shall comply at a minimum with the procurement standards in 2 CFR Parl 200.317 through Part 200.326. 7.4.1 Contracts in excess of $10,000.00 made by Agency using CDBG Funds must include provisions governing termination for cause and convenience including the maruier by which such termination shall be effected and the basis for settlement of the terminated contract, if any, as rec�uired by Al�pendix II (B), 2 CFR Part 200. 7.4.2 Agency shall not malce any contract with parties listed on the governmeilt wide System for Award Management, www.sam.gov ("SAM"). Agency must confirm by search of SAM that all contractors paid with CDBG Funds are not listed by SAM as being debarred, both prior to conti•act execution and prior to subinitting a Reimbursement Request which includes invoices fi•om any such contractor. Failure to submit such proofs of se�rch shall be �n event of default. 7.5 Cost Principles/Cost Reasonableness. Agency shall administer its use of CDBG Funds in compliance with 2 CFR Part 200, as applicable, The eligibility of costs incurred for performance rendered shall Ue detei•mined in accordance with 2 CFR Part 200.400 tlu•ough 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 bacic-up documentation for all costs incurred in accordance with 2 CFR Part 200.302 and Part 200.303. 7.7 Uniform Administi�ative 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 a�plicable, or any reasonably equivalent procedures and requirements that City may require. 7.8 Terms Api�licable to Contractors, Subcontractors and Vendors. Agency ttnderstands and agcees that all terms of this Conti•act, whethei• i•egulatoi•y or otherwise, shall apply to �ny and all contractors, subcontractors and vendors of Agency which are in any way paid with CDBG Funds or who perform any worlc in connection with the Program. Agency shall cause all applicable provisions of this Contract to Ue included in and made a par� 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 worlc performed Uy 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 CDBG CONTRACT: PR�S�RV� A HOM� PROGTtAM P�ge 9 TRiNITY ItABITAT POR HUMANITY (CARV�R HGIGHTS EAST & HIS'I'ORIC CARVGR I-I�IGH"I'S MOD�L BLOCICS) Regulations committed by its contractors, subcontractors or vendors. City maintains the right to insist on Agency's fiill compliance with the terms of this Conti•act and the CDBG Regulations and Agency is responsible for such compliance regardless of whether actions talcen to fiilfill the requirements of this Contract are talcen Uy Agency oi• by Agency's contractors, subconti•actors or vendors. Agency acicnowledges that the provisions of this Section shall survive the earlier termination oi• expiration of this Contract and shall be applicable for 5 years after the Contract term ends. 7.9 Copyri�ht and Pateiit Ri�lits. 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 discoveiy, 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 14.13.2.1 and 14.13.4, Agency shall establish conflict of interest policies for federal awards. Agency shall disclose to City in writing any potential conflict of interest, Additionally, all applicants for Agency seivices shall be required to complete the attached conflict of interest form incorporated herein as Exhibit "K"—Conflict of Interest Disclosure rorm and disclose any potential conflict of interest to both Agency and City. If the applicant checics "yes" to any items on the form, Agency must submit the form to its designated Contract Administrator. City Compliance Specialist(s) will review information to determine whether CDBG Conflict of I�Zterest requirements will apply. The Contract Administrator will notify Agency of appropriate next steps at that time. 7.11 ComUliance 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 ("FI+ATA") governing requirements on executive compensation and provisions governing whistleUlower 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. 7.1 l.l Agency shall provide City with its DLJNS 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 Funds that provides reasonable assurance that Agency is managing the CDBG Funds in compliance with federal stanites, regulations, and the terins 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 "I�iternal Control Integi•ated Frameworlc" issued by the Committee of Sponsoring Organizations of the Treadway Commission ("COSO"); 7.12.2 Contract; Comply with federal statutes, regulations, and the terms and conditions of this CDBG CONTRACT: PRESERVE A HOME PROGRAM Page 10 TRINITY HABITAT FOR HUMANiTY (CARV�R H�IGHTS �AS'I' & HISTORIC CARVER H�IGHTS MOD�L BLOCICS) 7.12.3 Evaluate and monitor Agency's compliance with statutes, regulations and the terms and conditions of this Contract; 7.12.4 Talce prompt action when instances of noncompliance are identified including noncompliance identi�ed in audit findings; and 7.12.5 Talce reasonable measures to safeguard protected personally identi�able 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 oUligations of con�dentiality. 7.13 Lead Safe Housiii� Rule. Agency will ensure compliance with the Lead Safe Housing Rule at 24 CFR Part 35, as ap��licable. Tl�is includes but is not limited to Provision of Lead Hazard Information pamphlet, use of Lead Certified contractors, use of Lead-Safe worlc practices, and clearaiice of the worlc site, as applicable to the age of the hottsing unit and the extent of rehabilitation. Agency shall certify that worlc affects only "de minimus" areas as appropriate to specific sites. "de tninimus" tlu•esholds as defined by HUD are as follows: 20 square feet (2 squace meters) on exterior surfaces; 2 square feet (0,2 square meters) in any one interior room; or 10 percent of the total surface area ou an interior or exterior type of component with a small surface area (such as window sills, UaseUoards, and trim). Agency shall suUmit �XHISIT "J" — Lead Safe Hazard Certification to City when ap}�ropriate. 8. RECORD I�EPING; ItEPORTING AND DOCUMENTATION REQUIREMENTS; AUDIT. 8.1 Record Keepin�. Agency shall maintain a record-lceeping 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 fitl�llment of City's monitoring and evaluation i•esponsibilities. Specif'tcally, Agency will lceep or cause to be lcept an accurate record of all actions talcen and all fiinds spent, with supporting and bacic-up documentation. Agency will maintain all records and documentation related to this Contract for 5 yeais 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 immediately following the expiration or termination of this Contract. 8.2 Access to Recoi•ds. Representatives of City, HUD and any duly authorized officials of the federal government will have fiill access to, and the right to examine, audit, copy, excerpt and/or transcriUe any of Agency's records pertaining to all matters covered Uy this Contract for 5 years aftei• the Contract term ends. Such access shall be during regular business hours and upon at least 48 hours prior notice. For ptu'poses of this Contract, this 5 year period for access to records is deemed to Uegin immediately following the expiration or termination of this Contract. CDBG CONTRAC"I': PR�S�RV� A HOM� PROGRAM Page l 1 TRINITY HABITAT FOR HUMANITY (CARVER H�IGt-ITS �AST & HISTORIC CARVCR HCIGHTS MODEL BLOCICS) 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 fnal financial report if required by City at the tei•mination of this Contract in such form and within such times as City may prescribe. Failure to submit to City any report or documentation described in this Contract shall be an event of default of this Contract and City may exercise all of its remedies for default under this Contract. 8.3.1 AdditionalInformation. Agency shall provide City with additional information as may be required by state or federal agencies to substantiate Prograin activities and/or expenditui•e eligibility. 8.4 Clian�e in Repot�tin� Requii•ements and F'orms. City i•etains 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 tliat Expend $750,000 or tnore 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 Ue submitted to City within 30 days of its completion. Agency's audit certification is attached hereto as EXHIBIT "C" — Audit Certification T'orin and Audit Requirements. The Audit Certification Form must be submitted to City prior to or with the first ReimUuisement 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 City 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 immediately following tlie expiration or termination of this Contract. 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 reseives the right to withhold fiicthei• funding under this Contract and/or any other contracts with Agency. II' AS A ItESULT OF ANY AUDIT IT IS DETERMINED THAT AGENCY HAS FALSIFIED ANY DOCUMENTATION OR MISUSED, MISAPPLIED OR MISAPPROPRIATED CDBG FUNDS OR SPENT CDBG FUNDS ON ANY INELIGIBLE CDBG CON"I'RACT: PRESERV� A HOMC PItOGRAM Page 12 TRINITI' HABITAT FOR HUMANI'I'Y (CARVER HEIGHTS �AS'I' & HISTORIC CARVGR H�IGHTS MOD�L BLOCICS) ACTIVITIES, AGENCY AG1tEES TO ItEIMBURSE CITY WITHIN 30 DAYS OI+ NOTICE THE AMOUNT Or SUCH MONI�S PLUS TH� AMOUNT OI' ANY SANCTIONS, PENALTY OR OTHER CHARGE L�VIED AGAINST CITY BY HUD BECAUSE OF SUCH ACTIONS. 9. REIMBURS�MENT ItEQUIItEMENTS. 9.1 Deadline for Submittin� Reimbursement Requests. 9. L 1 Reitnbtusement Requests sl�all be suUmitted monthly to the City and must be received by the City on or before tl�e 15t�' day of the month following the month expenses we1•e 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 weelcend or City holiday, Reimbtu'sement Requests shall be due the next day that the City is open for business. Failure to submit a Reimblusement Request in a timely fashion may result, at the City's sole discretion, in City talcing the actions outlined in Section 10.1. NOTWITHSTANDING ANYTHING ABOVE, THE ItEIMBURSEMENT ItEQUEST F'OR EXPENSES INCUItRED FOR FEBRUARY 1, 2023 AND ALL SUPPORTING DOCUM�NTATION MUST BE RECEIVED BY MARCH 15, 2023. FAILURE TO SUBMIT A FINAL REIMBURSEMENT REQUEST WITH COMPLET� DOCUMENTATION BY MARCH 15, AUTOMATIC FORFEITUI2E OF PAYMENT OT ItEIMBURSEMENT REQUEST. 2023 WILL RESULT IN THE I+EBRUARY 1, 2022 9.1.2 City will notify Agency by e-mail within 20 calendar days if a Reimbursement Request is lacicing Complete Documentation or coi•rections are needed. Agency will have 10 Uusiness days fi•om the date of the e-mail notice to submit any requested information or missing documentation. Agency inay be penalized, at City's sole discretion, in the City's HUD Grant Request for Proposal or Notice of Funding Availability (NOFA) process for the Program Year following the Contract term associated with this contract for any notifications received under this Section, If Agency fails to submit all the required information or missing documentation within 30 calendar days fi•om the first e-mail, Agency shall foi•feit any payments otherwise due that month and failtue to submit any requested inforination will be considered an event of default as outlined in Section 10.1.2. 9.2 Submission of Reiinbursement Requests. Agency shall provide City with Complete Documentation and the following i•eports as shown in �XHIBIT "D" —Reimbursement Foi•ins with each Reimbui•sement Request: 9.2.1 Attachment I — It�voice. This report shall contain the amount requested for reimbtusement each month, the cumulative reimbursement rec�uested to date (inclusive of that month's request), 9.2.2 Attachment II — Expeuditure Woi•lcslieet. 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: CDBG CONTRAC'1': PRESERVE A HOM� PROGRAM Page 13 TRiNITY HABITAT POR HUMANITY (CARV�R H�IGHTS �AST & HIS'CORIC CARVGR HEIGHTS MOD�L BLOCICS) 9.2.2.1 For payroll expenses, timesheets signed by einployees and approved by supervisor foi• all payroll expenses listed. Timesheets must distinguish between CDBG-funded time and non-CDBG funded time and reflect act�lal time spent on CDBG-funded activities. Agency may not submit payroll expenses dated 60 calendar days prior to the date of the Reimbursement Request. 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 Progcam. Agency may not submit invoices dated 60 calendar days prior to the date of the Reimbtusement Request. 9.2.2.3 Proof that each expense was paid by Agency, which proof can be satisfied by cancelled cl�ecics, wire transfer documentation, paid receipts or other appropriate bai�lcing documentation. 9.2.3 Attachment III — Clieiit 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 sei•ved during the Contract term. In order for this report to Ue complete, the following must be submitted: 9.2.3.1 Source Documentation of income verification for each Unduplicated Client the first time the client is served by the Program 9.2.4 Attachment IV - Levera�e of Funds Report This report shall list all funds and resources leveraged for the direct costs of the Program, to inchide donated funds, donated materials and supplies, the value of discounted materials and supplies, and donated volunteer labor. The report shall specify the amounts of each type of leverage, the date it was provided, and the client addresses at which funds were expended. 9.2.5 Delivery of Reimbursement Request. Reimbursement Requests shall be submitted electronically via ZoomGrants.com. In the event that zoomgrants.com ex�eriences unfoi•eseen issues or complications, Agency may submit Reimbursement Requests via email, or by other agreed upon method(s), per the Agency's designated City contract administrator. 9.3 Withholdin� Paytnent. CITY SHALL HAVE NO OBLIGATION TO PAY ANY I2EIMBURS�MENT ItEQUEST THAT IS NOT RECEIVED BY THE DUE DATE. Failure to timely submit Reimburseme�it Requests and Complete Docun�entation along with any reqYiired reports shall be an event of default. 10. DEFAULT AND T�RMINATION. 10.1 railure to Submit Reimbursement Request or Required Documentation. CDBG CONTRACT: PRES�RV� A HOME PROGRAM P1ge 14 TRiNITY HABITAT FOR HUMANITY (CARV�R H�IGHTS EAST & HISTORIC CARVER HEIGH'I'S MODEL BLOCICS) 10.1.1 If Agency fails to suUmit a ReimUtu�sement Request in accordance with Section 9, Agency shall be in default of this Conti•act. City will notify Agency in wi•iting of such default and the Agency will have 10 business days fi•om the date of the written notice to submit such Reimbursement Request to cure the default. If Agency fails to clu�e the default within such time, Agency shall forfeit any payments otherwise due tliat month. 10.1.2 If Agency fails to submit requested information or missing documentation as set forth in Section 9.1.2, then Ageiicy shall forfeit payinent due that month and the failure to submit shall be considered an event of default that shall not be cured. 10.1.3 NOTWITHSTANDING THE PROVISIONS OF SECTION 10.1.1 OR 10.1.2, II+ AGENCY I+AILS TO SUBMIT THE REIMBURSEMENT REQUEST DUE MARCH 15, 2023, OR IF THE SUBMITTED REIMBURSEMENT REQUEST FOR rEBRUARY 1, 2023 IS LATE, INCOMPLETE OR OTHERWISE NOT IN COMPLIANCE WITH THIS CONTRACT OR THE CDBG REGULATIONS AS DETERMINED BY CITY IN ITS SOLE DISCRETION, THEItE WILL BE NO CUI2E PERIOD AND ANY 12EIMBURSEMENT WILL BE I'ORFEITED. 10.1.4 In the event of (i) an unctu•ed default under Section 10,1.1 or an event of default under 10.1.2 or (ii) tnore than 2 instances of default, cured or uncured, under these Sections, City reseives 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. 10.1.5 Notwithstanding anything to the contrary herein, City will not be required to pay any CDBG Funds to Agency during the period that any Reimbursement Request, re�ort 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. 10.1.6 In the event of termination under this Section 10.1, all CDBG Funds awarded Uut unpaid to Agency pursuant to this Contract shall be immediately forfeited and Agency shall have no fiu•ther right to such fiinds. 10.2 Failure to Maintain Records or Submit Reports and Documentation. If Agency fails to maintain all records and documentation as required in Section 8, or if the maintained or submitted report or docuinentation 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 fi�om the date of the written request to obtain or recreate tl�e 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 resuUmit any such report or documentation within such time, City shall liave the right to terminaCe this Contract effective immedialely upon written notice of such intent with no penalty or liability to City. 10.2.1 In the event of termination under this Section 10.2, all CDBG Funds awarded but unpaid to Agency pursuant to this Conti•act shall be imtnediately forfeited and Agency shall have no fiu•ther right to such funds, and any CDBG Funds paid to Agency must be repaid to City CDBG CON'I'RACT: PR�S�RVE A HOM� PROGRAM P1ge 15 TRINITI' I IABITAT FOR HUMANITY (CARVER I-I�IGi-I'I'S �AST & HIS'I'ORIC CARV�R H�IGHTS MODEL BLOCICS) within 30 days of termination. If such CDBG Funds are not re�aid to City within the 30 day period, City sl�all exercise all legal remedies available under this Contract. 10.3 In General. 10.3.1 SuUject to Section 10.2, and unless specifically pi•ovided otherwise in this Contract, Agency shall be in default under this Contract if Agency breaches any term or condition of this Contract. In the event that such a breach remains uncured after 30 caleiidar days following written notice by City (or such other notice period as may be speci�ed herein) or, if Agency has diligently and continuously attempted to cure following receipt of such wi•itten notice but reasonably requires more than 30 calendar days to cure, as determined by both Parties muhially 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 10.3.2.2 10.3.2.3 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. Direct Agency to establish and follow a management plan that assigns responsibilities for carrying out the remedial activities. Reprogram CDBG Funds that have not yet been expended fi•om affected activities to other eligible activities or withhold CDBG Funds. 10.3.2.4 Any other appropi•iate action including but not limited to any remedial action legally available such as declaratory judgment, specific performance, damages, tem�oraty 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 Funds awarded but unpaid to Agency pursuant to this Contract shall be immediately forfeited and Agency shall have no fiirther right to such funds, and any CDBG Funds already paid to Agency must be repaid to City within 30 days of the termination. Failure to repay such CDBG 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 Funds will be paid to Agency until all defaults are cured to City's satisfaction. 10.5 No Compensation after Date of Terininatiou. Agency shall not receive any compensation for worlc undertalcen after the date of the termination. CDBG CONTRACT: PRES�RVE A HOMG PROGRAM P1ge 16 TRINITY HABITAT POR HUMANITY (CARV�R HEiGHTS GAS'I' & HISTORiC CARV�R HCIGHTS MODEL BLOCICS) 10.6 Ri�hts of City Not Affected. Termination shall not affect or terminate any of the existing rights of City against Agency, or which nlay thei•eafter accrue because of Agency's default and this provision shall be in addition to any and all other rights and i•emedies available to City under the law, Such termination does not terminate any provisions of this Contract that have been ex��ressly 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 Conti•act shall impair any such right or remedy oi• constihite a waiver or acquiescence in any Agency default, 10.7 W�ivei� of Bi•each Not Waivei• of Subsequent Breacli. The waiver of a default or breach of any terin, covenant, or condition of this Contract shall not operate as a waiver of airy suUsequent default or breach of the same or any other term, covenant or condition hereof. 10.8 Civil, Crimiiial 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 ctu'e periods. In the event City terminates this Contract for cause, all CDBG Funds awarded but unpaid to Agency pursuant to this Contract shall be immediately rescinded and Agency shall have no fiirther right to such funds and any CDBG Funds already paid �o Agency must be repaid to City within 30 days of termination. Failure to repay such CDBG Funds within 30 days will result in City exercising all legal i•emedies available to City under this Contract. AGENCY ACI�NOWLEDGES AND AGREES THAT IF CITY TERMINATES THIS CONTRACT FOR CAUSE, AGENCY OR ANY AI'I�'ILIATES OT AG�NCY SHALL NOT BE CONSIDERED I'OR ANY OTHER CITY CONTRACT FOR CDBG I'UNDS TOR A MINIMUM OI' S YEARS FROM THE DAT� OT TERMINATION. 10.9.2 Agency may terminate this Contract if City does not provide the CDBG Funds substantially in accordance with this Contract. 10.10 Termination for Convenience. In terminating in accordance with 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 whicl� case the Parties shall agree upon the terinination conditions, including the effective date and in the case of partial termination, the portion to be terminated; or 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 termivation, City may termivate the Contract in its entirety CDBG CONTRACT: PRLS�RVG A HOMG PROGRAM Page 17 'I'RINITY i-iABITAT FOR HUMANITY (CARV�R H�IGHTS �AST & HTSTORIC CARVGR H�IGH"I'S MOD�L BLOCKS) if City determines in its sole discretion that the remaining portion of the Contract to be performed or CllBG Funds to be spent will not accomplish the purposes for which the Contract was made. 10.11 Dissolution of A�ency Terminates Contract. This Contract shall terminate in the event Agency is dissolved oi• ceases to exist. In the event of termination under this Section, all CDBG Funds are subject to repayment and/or City may exercise all of its remedies under this Contract. 10.12 Non-appropriation of Funds. In the event no funds or insufficient funds are appropriated by City in any fiscal period for any payments due hereunder, City will notify Agency of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which appropriations were received without penalty or ex�ense to City of any lcind whatsoever, except as to the portions of the payments herein agreed upon for which funds have been appi•opriated. 10.13 Reversion of Assets. In the event this Contract is terminated with or without cattse, all assets acquired by Agency with the CDBG I'unds inchiding cash, interest payments fi•om loans or otherwise, all outstanding notes, mortgages or other security instruments, any accounts receivable attributable to the use of the CDBG Funds, and any real or personal property owned by Agency that was improved with the CDBG Funds shall automatically transfer to City or to such assignee as City may designate. 11. REPAYMENT OI' CDBG FiTNDS. All CDBG 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 tal�es any actioii that results iu the City bei�ig requir•ed to i•epay all or any portion of tlie CDBG runds to HUD, Agency agrees it will reimburse City within thit•ty days' notice frotn the City for such repayment. If Agency talces any actioii that i•esults in City receiving a finding froin HUD about the Pi•ogram, whetlier or not repayment of all or any portion of the CDBG Funds is required of City, Agency agrees City inay require tliat 10% of tlie CDBG Funds be repaid to City as liquidated damages. The Parties agree that City's damages in the event of either repayment to HUD being t•equired or receiving a finding from HUD are uncet•tain and would be dif�cult 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 fiinds to HUD by City. Therefore, the Parties agree that payment under this Section of 10% of the CDBG Funds by Agency to City is liquidated damages and not a penalty. 12. CHANG� IN NON-PROFIT STATUS. Agency must provide City with written notification of any changes to its non-pro�t statl.is within 15 calendar days of being notified of the change. Regardless of notice Uy Agency, if the non-profit stat�is of Agency changes after the date of this Conti•act, City may but is not obligated to, terminate this Contract. I�i the event of termination under this Section 12, all CDBG 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 fiinds. City, in its sole discretion, may require that any CDBG Funds already paid to Agency must Ue repaid to City within 30 calendar days of termination CDBG CONTRACT: PR�S�RV� A HOM� PROGRAM Page I 8 TRINITY HABITAT FOR HUMANITY (CARV�R HCIGHTS �AS'I' & HISTORIC CARVER HEIGHTS MODEL BLOCICS) under this Section. 13. SURVIVAL. Any provision of this Contract that pertains to indemnity obligations, auditing, monitoring, client income eligibility, record lceeping and reports, reporting requirements, City ordinances, or applicable CDBG i•equirements, and any default and enforcement provisions necessaiy to enforce such provisions, shall survive the termination of this Contract for 5 years after the Contract term ends and shall be enfoi•ceable by City against Agency. For purposes of this Contract, this 5 year period foi• survival of certain Contract provisions is deemed to begin iminediately following the expiration or termination of this Contract. 14. GENERA.L PROVISIONS. 14.1 A�ency an Independent Contractoi•. 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 worlc and services performed hereunder, and all persons performing same, and shall be solely i•esponsible for the acts and omissions of its officeis, members, agents, servants, employees, contractors, subcontractois, 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 partneiship or joint enterprise between City and Agency, City does not have the legal right to control the details of the taslcs performed hereunder by Agency, its of�cers, members, agents, employees, contractors, subcontractors, vendors, clients, licensees or invitees. 14.3 Agenc.y Propet�ty. City shall undei• no circumstances be responsible foi• any pi•operty 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 HEItEBY INDEMNII'IES AND HOLDS HARMLESS CITY AND ITS OFFICERS, AGENTS, AND EMPLOYEES FROM ANY AND ALL CLAIMS OR SUITS PERTAINING TO OR CONNECTED WITH SUCH PROPERTY. 14.5 Reli�ious Or�anization. Agency shall comply with all applicable requirements as more particularly described in 24 CFR Part 5.109. No portion of the CDBG Funds shall be used in support of any sectarian or religious activity. In addition, there must be no religious or membeiship criteria for clients of a CDBG-fiinded seivice. 14.5.1. Separation of Explicitly Reli�ious Activities. Agency retains its independence and may contimie to carry out its inission, including the definition, development pi•actice, and expression of its religious beliefs, provided that it does not use CDBG Funds to supporL or engage in any explicitly religious activities (including activities CDBG CONTRACT: PR�S�RV� A I-IOM� PROGRAM Page 19 'I'RTNI'I'Y HABITA'I' POR HUMAMTY (CARV�R 1-I�IGHTS �AST & HISTORIC CARV�R H�IGHTS MOD�L BLOCICS) that involve overt religious content such as worship, religious instruction, or proselytization), or in any other marmer prohiUited by law. 14.5.2 Explicitl.y Reli�ious Activities. If Agency engages in explicitly religious activities (including activities tl�at involve overt religious content such as worship, religious instruction, or pi•oselytization), the explicitly religious activities must be offered separately, in time or location, fi•om the programs or activities supported by CDBG Funds and participation must be voluntary for clients of a CDBG-funded service. 14.5.3 Requii•ed Notices. If Agency constitutes a Faith-based organization under 24 CFR Part 5.109, Agency must provide all clients of a CDBG-fiinded service with a Notice of Beneficiary Rights, available upon request fi•om City staff. Such notice shall be provided to the client prior to enrollment in any CDBG-funded program or activity. I�l addition, if a client or prospective client of a CDBG-funded service objects to the religious character of Agency, then Agency must promptly undertalce 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 state courts in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division 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 Governin� Law. This Contract shall be governed by and construed in accordance with the laws of the State of Texas. If any action, whether real or asserted, at law or in equity, arises out of the execution, performance or non-performance of this Contract or on the basis of any provision herein, for any issue not governed by federal law, the choice of law shall be the laws of the State of 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 Eiitire Contract. This written instrument and the Exhibits, Attachments, and Addendums attached hereto, which are incorporated by reference and made a part of this Contract for all purposes, constihite the entire agreement by the Parties concerning the worlc and services to be performed under this Contract. Any prior or contemporaneous oral or written agreement which �ur�orts to vaiy 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 Pai•a�rapli Headin�s foi• Reference Only, No Le�al Si�nificance; Number and Gender. CDBG CONTRAC'I': PR�S�RV� A HOME PROGRAM Page 20 TRiNi'I'Y HABITA'I' FOR HUMANITI' (CARV�R HEIGHTS EAS'I' & HISTORIC CARVLR HGIGHTS MODEL BLOCICS) 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 witli All Applicable Laws and Re�ulations. Agency agrees to comply fiilly with all applicable laws and regulations that are currently in effect or that are liei•eaftei• amended during the pei•formance of tl�is Contract. Those laws include, but are not limited to: ➢ CDBG Regulations found in 24 CFR Part 570 ➢ Title I of the Housing and Community Development Act of 1974, as amended, (42 USC 5301) ➢ Title VI of the Civil Rights Act of 1964 (42 U.S.C. Sections 2000d et seg.) including provisions requiring recipients of federal assistance to ensure ineaningful 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 y 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 RehaUilitation 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 ser�. ("NEPA") and the related authorities listed in 24 CFR Part 58. ➢ The Clean Air Act, as amended, (42 U.S.C. Sections 1251 et se�l.) and the Clean Water Act of 1977, as amended (33 U..S.C. Sections 1251 et seg.) and the related Executive Order 11738. I�i no event shall any amount of the assistance provided under this Contract be utilized with respect to a facility that has given rise to � conviction under the Clean Air Act or the Clean Water Act. ➢ Immigi•ation Reform and Control Act of 1986 (8 U.S.C. Sections 1101 et seq.) specifically including the provisions requiring employer verifications of legal stahis of its employees y' The Americans with Disabilities Act of 1990 (42 U.S.C. Sections 12101 et seq.), the Architechtral Barriers Act of 1968 as amended (42 U.S.C. Sections 4151 et secl,) and the Uniform Federal Accessibility Standards, 24 CPR Part 40, Appendix A ➢ Regulations at 24 CFR Part 87 related to lobbying, including the requirement that certifications and disclosures be obtained fi•om all covered persons ➢ Di•ug Fi•ee Woi•lcplace Act of 1988 (41 U.S.C. Sections 701 et seg.) and 24 CFR Part 23, Subpart F ➢ Executive Order 12549 and 24 CFR Part 5.105(c) pertaining to restrictions on CDBG CONTRACT: PR�S�RV� A HOM� PROGRAM Page 21 TRiNITY HABITAT POR HUMANITY (CARV�R HEIGHTS �AST & HIS'I'ORiC CARV�R H�IGHTS MODEL BLOCI{S) participation by ineligible, debarred or suspended persons or entities ➢ Section 6002 of the Solid Waste Disposal Act, as amended by the Resoui•ce Conservation and Recovery Act ➢ Guidelines of the Enviromnental Protection Agency at 40 CFR Part 247 ➢ For contracts and subgrants for construction or repair, Copeland "Anti-Kicicbacic" act (18 U.S.C. 874) as supplemented in 29 CFR Part 5 ➢ I'or construction contracts awarded by Agency in excess of $2,000 that are not for single family, owner-occupied, home rehabilitation, and in excess of $2,500 for other contracts which involve the employment of inechanics or laUorers, Sections 103 and 107 of the Contract Worlc Hours and Safety Standards Act (40 U.S.C. 327A 300) as suppletnented by 29 CFR Part 5 ➢ Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et seq.), as amended Uy 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 ➢ 2 CFR Part 200 et seq. ➢ Federal Funding Accountability and Transparency Act of 2006 ("FFATA") (Pub.L. 109-282, as amended by Section 6205(a) of Pub.L. 110-252 and Section 3 of Pub.L. 113-101) ➢ Federal WhistleUlower 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, 14.12 HUD-Assisted Pi•ojects and Employment_a_nd otlier Economic Opl�ortunities; Sectian 3 Requii•eineiits. 14.12.1 Requirement that Law Be Quoted in Covered Contracts. — Certain Requii•ements Pertainin� to Section 3 of the Housin� and Urban Development Act of 1968 as Ainended (12 U.S.C. Sectioiis 1701 et seq.) and its Related Re�ulations at 24 CI'R Part 135. If the Program results in the creation of iaew employment, training, or contracting opportunities on a contractor or subcontractor level resulting fi•om the expenditure of the CDBG Funds, Agency shall comply with the following and will ensure that its contractors also comply. If the worlc performed under this Contract is on a project assisted under a program providing direct federal financial assistance fi•om HUD, Section 3 of 24 CFR Part 135.38 ("Section 3") requires that the following clause, shown in italics, be inserted in all covered contracts ("Section 3 Clause"): Section to be quoted in covered conh•acts begins: "A. Tl2e �•vor�lc to be pe�fo��rned ctrzder tl�is co»tract is s�.abject to tlae reqetir�eme�zts of Sectio�� 3 of Housi��.g a�zd U��ha�a Developrnent Act of 1968, as ame�7decl, 12 U.S. C. sectio�� 1701 tr (Sectiora 3). Tla.e p�r��ose of Sectio�� 3 is t.o e�zsiu�e tl��at ena�loyine��t a�7d otlaer econ.or�ai.c opporlGlll.ItTP.S gene�•�ate�l by HUD assisted or HUD-assisted prog��ams cover•e�l by Secti.o». 3, sl�all to the greatest exte�zt feasible, be directec� to low- a��d ve�y-lo�-v inconze perso��s, p�u�ticularly perso»s �•vl�o �cre recipie�ats of HUD assistance for I�ousing, B. The parties to this co»tr�act tag��ee t.o cor�iply �-vith HUD's rega�latio��s i�7 24 CFR Pa�rt 135, �vlai.cl� ina�len�e�7t Sectio�7 3. As evicleia.cetl b�� thei�� executio�a� of tl�is CDBG CONTRAC'I': PRESERVC A HOME PROGRAM P1ge 22 TRINITY I-IABITAT rOR HUMANITY (CARV�R H�IGI-ITS EAST & HIS"I'ORIC CARVER I-IEIGHTS MOD�L BLOCICS) coritr��cct, tl�e p�u'tIC'S /O t%11S COIZII��cct ce��ti.fj� tlaat they ai�e at���le�� J7o co�zt��actacr�l oi� otl�e�� t�nape�lina�e��.t t,la�tt tivould pi�evei�.t t11�ei�� fi•o»a. cor���lyi��.g �-vitl� tl�e Prar•t 135 ��egtrltctioris. C. Tlae co�ztrc�ctor agrees to sei��l to eacl� labor o�g«rrization. o�� represe�ztr�fn�e of i-vorliers �•vitla �•vlaicla it has a collective ba�gat��ing cagreenae�zt or otl�er tt���le��stan�li��g, if an.y, a��otice advisi�zg t7ae labor o��g�r��izatio�� or 1-vorke�s' represen.tc�tives of tl�e co�ztractor's com.naitrne��ts tr»de�� thr.'s Sectioiz 3 cl�cttse a�7c� t•vill post copies of tl�e �totice in. co»spicttot�s places at tTze 1-vo��lc sr.'te 1-vlaei�e botla et��plo��ees rc�zd applicra»ts,for trctl.nt�ag a�a�l ernploy»a.entpositio�as can see the ��otice. Tlae �zotice sl��tll rlescribe t.lae Sectio» 3 p�•eference, shall set fo��tl� r�a.inir�ttu�a �zter��be�� cc�atl job titles strbject to lai��e, availabilit�� of��tp���e�ztice a»d irC1111111g�70SItd012S, tl�e CfllClllfCClll011S f01� e«cl�; a��cl tl�e �a�anae a���l locatio��. of tl�e perso��.(s) t�tici�a.g a�plic�etio�ts fo�� e�tcla of tlae positions; �c��d the �i��ticip�ltecl date tl�e �,vorlcshall Uegi�a. D. Tl�e co��trcccto�� �tgrees tlartt i.t �-vill i��clucle this Sectio». 3 cictttse r.n. eve�y subco�atr�act to con�pl�> >vitla �•egerlatio�� z�z 24 CTR P�t��t 135, a��d regi•ees to talce �cpp��opri�tte actio�z, as provicle�l ii� a�� applic�tble provisio�� of tlae szcbcor�tr�rct or i�� tlzis Sectio�a 3 cl�ause, trpo�2 fi.�adi».g tl7�tt the subcoratracto�' iS 111 vdolcttio�Z of tl�e ��egttl�ttions in 24 CFR P�ir•t 135. Tlre co�zt��«cto�� �-vi.11 ��ot subco��tr�act �-vit1� an.,}� strbco�l.t���tctor� �•vJae��e it laas notice o�� Inzo�-vledge that tlae scrbco��.tracta� l�as bee�� focrnd ii� viol�ctio�z of regcrlatio�Zs i.�� 24 CFR Par�t 135, E. The co�itrc�ctor tivill certify that an�y vc�cc�r�.t er�aploynaeizt positzons, i��acler�li�zg t�'C1172171g�JOSl.Z7011S lllCll Cl!"e fi.lecl: (1) �fte�� tl2e co»t��actor rs selecte�l belt befo�•e tl�e co�ztr•«ct is execcrte�l, «��d (2) tivitl� per•soias other• th�t��. those to ti-vl�orn the �•egulations of 24 CFR Pcti•t 135. The contracto�� i•vill izot subco��.t��«ct tivitla �cny sctUco�a.trcictoi� ti-vhe��e it Iaas ��oti.ce or lciaowlec�ge tlactt the subcoT�.tractor la.as beeJa. fOLl12CI 111. V%OIClZl011. of regul�ttions i�a. 24 CFR Pctr�t 135. F. No�acornpliance with HUD's regcrlatiort i��. 24 CFR P«��t 135 r»ay ��estrlt i��. sa�actio��s, ter'1i9.1.12l111O1Z Of ZT?1S COl'lll��cct for �lefa�rlt, aiul �leb�ai•r��e�zt or sLrsperzsio�a fi�onz futerre HUD �lssistecl co�a.tr�acts, G. i�Vitl� ��espect to wa�lcpe�fori�a.ed i��. corra�ection rvitla Section 3 cover�ed hx�lirc�� hoersi�ag assista.izce, sectio�� 7(b) of tl�e I�a�lia». Self-Determ.i��atio�� aiacl Eclerc�atio�a Assista�zce Act (25 U.S,C, Sectio�� 450(e) �also applies to t1�e 1-vorlc to be pe�forr�aed u�ac�e�� tl�zs Contr�tct. Section 7(b) �•eqtri�•es that to tl�e g��eatest extent fe�csible (i) p�•efer�e�ace ancl oppa�te��aities for ti�ai��.ziZg �a�acl employr�ae�Zt shcall be give�� to Lacli�c��s, cc��d (zi) prefere�ace i» the awci��cl of contrc�cts ar�cl subcontr�cacts sl�all be given. to In.�lia�a o�ga�2iz�ttio��s ccncl h��lia�a.-owne�' Ecortor».ic E»te�J�rises. P�crties to this corl.tract tl�a.t are subject to the provisions of Sectio��. 3 a��d Sectio�� 7(b) agree to con�pl�> >•vith Sectio�z 3 to tl�e »aaa:ir��ur�a eate�Zl feasible, bttt �a.ot i�� �lei•ogatio�7 of cor�zplia��ce witla Sectiort. 7(b). " Section to be quoted iu covered contracts ends. 14,12.2 A�ency Responsibilities for Section 3 Requireineiits. City and Agency understand and agree that compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and ordei•s of HUD shall be a condition of the federal financial assistance provided to the Program binding upon City and Agency and their respective successois, assigns, contractoi•s and subcontractors. Failui•e to fiil�ll CDBG CON'I'RACT: PR�SERV� A HOM� PROGRAM P�ge 23 TRiNITY HABTTAT POR HUMANITY (CARV�R H�IGHTS �AST & HISTORIC CARVCR HCIGHTS MOD�L BLOCICS) these requirements shall subject Agency and its contractors and subcontractois and their respective successors and assigns to those sanctions specified by the grant agreement tl�rough which federal assistance is provided and to such sanctions as are specified by 24 CFR Part 135. Agency's responsibilities include: 14.12.2.1 Implementing �rocedures to notify Section 3 residents and business concerns about training, employment, and contracting opporhmities generated by Section 3 covered assistance; 14.12.2.2 Notifying potential contractors woi•lcing on Section 3 covered projects of their i•esponsibilities; 14.12.2.3 Facilitating the training and employment of Section 3 residents and the awai•d of contracts to Section 3 business concerns; 14.12.2.4 Assisting and actively cooperating with the HED Department in malcing contractois and subcontractors cornply; 14.12.2.5 Refi•aining from entering into contracts with contractors that are in violation of Section 3 regulations; 14.12.2.6 Documenting actions talcen to comply with Section 3; and 14.12.2,7 Submitting Section 3 Annual Summary Reports (Form HUD- 60002) in accordance with 24 CFR Part 135.90. 14.12.3 Section 3 Reportin� Requiremei►ts. In order to comply with the Section 3 requirements, Agency must submit the forms attached hereto as EXHIBIT "G" - Section 3 Reporting Foi•ins. 14.12.3.1 Report to the City on a quarterly basis all applicants for employment, and all applicants for employment by contractor and subcontractor. This shall include name, address, zip code, date of application, and status (hired/not hired) as of the date of the report. 14.12.3.2 Advertise available positions to the public for open competition, and provide documentation to City with the quarterly report that demonstrates such open advertisement in the form of printout of Texas Worlcforce Commission posting, copy of newspaper advertisement, copy of flyers and listing of locations where flyers were distributed, and the lilce. 14.12.3.3 Report to the City on a quarterly basis all contracts awarded by contractor and subcontractor. This shall include name of contractor and/or subcontractor, address, zip code, and amount of award as of the date of the report. CDBG CONTRACT: PRES�RVG A HOM� PROGRAM Page 24 TRINITY HABITAT FOR HUMANITY (CARV�R H�IGHTS EAST & HiS'I'ORIC CARVCR HCIGHTS MOD�L BLOCICS) 14.13 Prol�ibition A�ainst Disci•imi�iation. 14.13.1 Geiieral Stateinetit. 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 Hoarsi�zg of the City Code. Agency may not discriminate against any pei•son because of race, coloi•, sex, gendei•, i•eligion, national origin, fatnilial status, disability oi• perceived disability, sexual orientation, gender identity, gender expression, or transgender, nor will Agency permit its of�cers, 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- Emplol�meizt Pr�tctices of the City Code, and Agency hereby covenants and agrees that Agency, its officers, inembers, agents, employees and conti•actors, have fiilly 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 of�cers, members, agents, employees or contractors. 14.13.2 No Disci•imination in Employment dui•in� the Perforinaiice of This Co�itract. 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: [Co�atracta•'s, Serbco��ti•c�cto�•'s o�• Ve»dor's �zar�a.e] will not unlawfully discriminate against any employee or applicants for employment because of race, color, sex, gender, religion, national origin, familial stahis, disability or perceived disability, sexual orientation, gender identity, gender expression or transgender. [Co�atractor's, Sarbco��trc�ctor�'s or Ve�2dor's �T�erne] will talce affirmative action to ensure tliat applicants are hired without i•egai•d to race, color, sex, gender, religion, national origin, familial stat�is, disability or pei•ceived disability, sexual oi•ientation, 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 oi• pei•ceived disability, sexual orientation, gendei• identity, gender expression oi• transgendei•. Such action shall include, Uut 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. [Co�Ztr«cto��'s, Subco��tr�cctor's or Ver�dor's �a�cr�ze] agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. [Co�a.trccctor's, Strbcor�.tr•c�ctor's o�• Ve��dor's narrte] will, in all solicitations or advertisements for employees placed by or on behalf of [Co��traclor's, Strbcontractor's or VeTzdo��'s ��.ccnze], state that all qualified applicants will receive consideration foi• employment without regard to race, color, sex, gender, religion, national oi•igin, familial status, disability or perceived disability, sexual orientation, gender identity, gender expression or transgender. [Co�ztractor's, Serbcon.tra.ctor's or Ver1��o�'�S 11C1111e] covenants that neither it nor any of its CDBG CON"I'ItACT: PR�SERV� A HOME PROGRAM P1ge 25 TRINITY HABITAT FOR HUMANITY (CARV�R II�IGHTS �AST & HIS'I'ORIC CARVER I-IEIG3-ITS MODL,L BLOCICS) officers, members, agents, employees, or contractors, while engaged in performing this Contract, shall, in coiulection witl� the employcnent, advancement or dischai•ge of employees or in connection with tlle terms, conditions or privileges of their em�loyment, discriminate against peisons because of their age or because of any disability or perceived disability, except on the Uasis of a bona fide occupational qualification, retirement plan or stat�itoiy requirement. [Contractor's, Subco»tr«ctor's a• Ve���lor's r�ar�ae] further covenants that neither it nor its officers, membei•s, agents, employees, conti•actoi•s, or persons acting on their behalf, shall specify, in solicitations or advertisements for employees to worlc on this Contract, a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification, i•etii•einent plan or stahttory requirement, 14.13.3 A�ency's Conti•actors and tlie ADA. In accordance with the provisions of tlie 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 iu the provision of services to the general puUlic, nor in the availability, terms and/or conditions of employment for applicants for employment with, or employees of, Agency oi• any of its conti•actors. AGENCY WAItRANTS IT WILL FULLY COMPLY WITH THE ADA'S PROVISIONS AND ANY OTHER APPLICABLE FEDERAL, STATE AND LOCAL LAWS CONCERNING DISABILITY AND WILL DEI'END, INDEMNIFY AND IIOLD 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 I'AILURE TO COMPLY WITH THE ABOVE-REFERENCED LAWS CONCERNING DISABILITY DISCRIMINATION IN THE PERFORMANCE OF THIS CONTRACT. 14.14. Conflicts of Iuterest and Violations of Criininal Law. 14.14.1 A�ency Safe�uards. Agency shall establish safeguards to prohibit its employees, board members, advisois and agents fi•om using positions for a pur�ose 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 Geiier�l Prohibitions A�ainst Conflicts of Interest. No einployees, agents, consultants, officers or elected officials or appointed officials of City or of Agency who exercise or have exercised any functions or responsibilities with respect to activities assisted with CDBG funds or who are in a position to participate in a decision-malcing process or gain inside information with regard to these activities may utilize CDBG services, may obtain a financial interest or benefit fi•om a CDBG-assisted activity, or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties, during their tenure or for 1 year thereafter. CDBG CON'I'RACT: PR�S�RV� A HOME PROGRAM Page 26 TRiNI'I'Y HABI'CAT POR HUMANITY (CARV�R HL,IGH"CS �AST & HISTORIC CARV�12 H�IGHTS MOD�L BLOCICS) 14.14.3 Conflicts of Interest Involvin� Procurement. The conflict of interest �rovisions of 2 CFR Pai•t 200.31, shall apply in the 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 particulai•ly descriUed in 2 CFR Part 200.318, Agency shall maintain and submit to City written standards of conduct covering conflicts of interest and governing the perfoi•mance of its employees engaged in the selection, award, and administration of contracts. No employee, officer, or agent may participate in the selection, award, oi• administration of a contract supported by a federal award if l�e 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 grahiities, favors, or anything of monetary value fi�om contractors or parties to subcontracts. 14.14.3.3 Notwithstanding the pi•ohibition contained in Section 14.13.3.2, Agency may set standards of conduct for sit�tations in which the financial interest is not substantial or the gift is an unsolicited item of noininal value. Such standards of conduct must provide for disciplinary actions to be applied for violations of such standards Uy Agency's officers, employees or agents. 14.14.3.4 Agency shall maintain written standards of conduct covering oiganizational conflicts of interest. Organizational conflicts of interest ineans that because of relationships witli a parent company, affiliate, or subsidiaiy organization, Agency is unaUle or appears to be unable to Ue impartial in conducting a procurement action involving a related organization. 14.14.3.5 Agency must maintain records suf�cient 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 tl�e contract price. 14.14.4 Disclosui�e of Conflicts of Interest. In compliance witl� 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 C�de Violations. Agency af�rins that it will adhere to the provisions of the Texas Penal Code which prohibit bribery and gifts to public servants. 14.14.6 Disclosui•e of Federal Ci•iminal Law Violatioiis. CDBG CONTRAC'I': PIt�S�RV� A HOMG PROGRAM Page 27 TRINITY HABITAT POR HUMANITY (CARV�R HEIGHTS EAST & HISTORIC CARVGR H�IGI-ITS MOD�L BLOCICS) In compliance with 2 CFR Part 200.113, Agency is reqttired to timely disclose to City all violations of federal criminal law involving fi•aud, bribery or gratuity violations potentially affecting the Agency. 14.15 Subcontractin� with SIIlAII and Minority Fii•ms, Women's Busiiiess �ntei•prises and Labo�' Slll�plus Areas. 14.15.1 For procurement contracts $50,000.00 or larger that are paid for, in part or in full, with the CDBG Funds, Agency agrees to abide by City's policy, as may be atnended fi�om time to time, to involve Minority Business �nterprises and Small Business �nterprises and to provide them egual opportunity to compete for contracts for construction, provision of professional services, purchase of equiptnent and supplies and �rovision of other services required by City. Agency agrees to incor�orate 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 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"), sinall business enterprises ("SBEs"), minority business enterprises ("MBEs"), and women's business enter��rises ("WBEs"). Accordingly, affirmative steps must be talcen to assure that DBEs, SBEs, MBEs, and WBEs are utilized when possible as sources of supplies, equipment, construction and seivices. 14.15.2.1 In order to comply with federal reporting requirements as described in 24 CFR Part 570.506 (g)(6), Agency must submit the form attached hei•eto 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 Funds. Agency shall submit this form by the date specified in EXffiBIT "I" — MBE Reporting I'orm. 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 fi•om the requirements or responsibilities in regard to following the law, nor fi•om the consequences or penalties for Agency's failure to follow the law, if applicable. 14.17 Assi�ninent. 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. Ri�ht to Inspect A�ency Contracts. 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-fiinded Program �rior to any charges being incurred. 14.19 Force Majeure CDBG CON"i'RAC"C: PRES�RV� A HOMC PROGRAM P1ge 28 'CRINITI' HABITA'I' POR HUMANITY (CARV�R H�IGH"CS EAST & HISTORIC CARV�R HGIGHTS MOD�L BLOCICS) If Agency becomes unable, either in whole oi• part, to fulfill its obligations under tl�is Contract due to acts of God, strilces, locicouts, or other industrial disturbances, acts of public enemies, wars, blocicades, insurrections, riots, epidemics, earthqualces, fires, floods, restraints or prohibitions by any courl, board, depai•tment, commission or agency of the United States or of any States, civil dist�irbances, or explosions, oi• some other reason beyond Agency's control (collectively, "Force Majeure Event"), the obligations so affected by such Force Majeure �vent will be suspended only during the continuance of such event. Agency will give City written notice of the existence, extent and nahire of the Force Majeure Event as soon as reasonaUly possible after the occttrrence of the event. Failtu'e to give notice will result in the continua�lce of Agency's obligation regardless of the extent of any existing Force Majeure �vent. Agency will use coimnercially reasonable efforts to remedy its inability to perfoi•m as soon as possible. 14.20 IMMIGRA.TION NATIONALITY ACT. Agency shall verify the identity and employment eligibility of its employees who perform worlc under this Agreemeilt, including completing the Employment Eligibility Verification Form (I-9). Upon request by City, Agency shall �rovide City with copies of all I-9 forms and supporting eligiUility documentation for each employee who performs worlc under this Agceement. Agency shall adhere to all Federal and State laws as well as establish appropriate procedtues and controls so that no services will be performed by any Agency employee who is not legally eligible to perfoi•m such sei•vices. AGENCY SHALL INDEMNII+Y CITY AND HOLD CITY HARMLESS I'ROM ANY PENALTIES, LIABILITIES, OR LOSS�S DUE TO VIOLATIONS OI' THIS PARAGRAPH BY AGENCY, AGENCY'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Agency, shall have the right to immediately terminate this Agreement for violations of this provision Uy Agency. 15. INDEMNIFICATION AND ItELEASE. AGENCY COVENANTS AND AGREES TO INDEMNIFY, HOLD HARI�ZL�SS AND DEFEND, AT ITS OWN EXPENSE, CITY AND ITS OFFIC�RS, AGENTS, S�RVANTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS I'OR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY, INCLUDING D�ATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER 1tEAL OR ASSERTED, ARISING OUT OI' OR IN CONN�CTION WITH THE EXECUTION, PERFOItMANCE, ATTEMPTED PERFORMANCE OR NONPERFORMANC� OI+ THIS CONTRACT AND/OR THE OPERATIONS, ACTIVITIES AND SERVICES OF THE PROGRAM DESCRIBED HEREIN, WHETHER OR NOT CAUSED IN WHOLE OR IN PART, BY ALL�GED NEGLIG�NCE OF OF'FIC�RS, AGENTS, S�RVANTS, EMPLOYE�S, CONTRACTORS OR SUBCONTRACTORS OF CITY; AND AGENCY H�ItEBY ASSUMES ALL LIABILITY AND RESPONSIBILITY OI+ CITY AND ITS OF'F'ICERS, AG�NTS, SERVANTS, AND �MPLOYEES I+OR ANY AND ALL CLAIMS OR SUITS I+OR PROPERTY LOSS OR DAMAGE AND/OR P�RSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OI+ WHATSO�VER KINDS OR CHARACTER, WHETHER R�AL OR ASSERT�D, ARISING OUT OF OR IN CONNECTION WITH THE EXECUTION, PERFORMANCE, ATT�MPTED PERF'ORMANCE OR NONPERFORMA.NCE OI+ THIS CONTRACT AND/OR THE OPERATIONS, CDBG CONTRACT: PR�SERV� A HOML PROGRAM Page 29 TRiNI'I'Y HABITA'I' FOR HUMANITY (CARV�R HCtGHTS �AST & HISTORIC CARVER H�IGHTS MOD�L BLOCICS) ACTIVITIES AND S�RVICES Or TH� PROGRA.M DESCRIB�D HEREIN, WH�THER OR NOT CAUSED IN WHOL� OR IN PART BY ALLEGED NEGLIGENC� OI' OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRA.CTORS OR SUBCONTRACTORS OF CITY. AGENCY LII�WISE COVENANTS AND AGREES TO AND DO�S HEREBY INDEMNII'Y AND HOLD HARMLESS CITY I'ROM AND AGAINST ANY AND ALL INJURY, DAMAGE OR D�STRUCTION OI' PROP�RTY OI+ CITY, ARISING OUT OF OR IN CONNECTION WITH ALL ACTS OR OMISSIONS OI' AGENCY, ITS OI'FICEItS, MEMBERS, AGENTS, EMPLOY�ES, CONTRA.CTORS, SUBCONTRACTORS, INVIT�ES, LICENSEES, OR CLIENTS, OR CAUSED, IN WHOLE OR IN PART, BY ALLEG�D NEGLIG�NCE Or OrI+ICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS OF CITY. IT IS THE EXPR�SS INTENTION OF THE PARTIES, BOTH AGENCY AND CITY, THAT THE INDEMNITY PROVIDED FOR THIS ST+�,CTION INCLUDES INDEMNITY BY AGENCY TO INDEMNIFY AND PROTECT CITY FROM THE CONSEQUENCES OF CITY'S OWN NEGLIGENCE, WHETHER THAT NEGLIGENCE IS ALLEGED TO l3E THE SOLE OR CONCURRING CAUSE OF THE INJURY, DAMAGE OR DEATH. AGENCY AGREES TO AND SHALL RELEASE CITY, ITS AGENTS, EMPLOYEES, OFFICERS AND LEGAL ItEPRESENTATIVES rROM ALL LIABILITY FOR INJURY, DEATH, DAMA.GE OR LOSS TO PERSONS OR PROPERTY SUSTAINED IN CONNECTION WITH OR INCIDENTAL TO P�RTORMANCE 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 CONTRA.CTORS AND SUBCONTRACTORS TO INCLUDE IN THEIR CONTRACTS AND SUBCONTRACTS A R�LEASE AND INDEMNITY IN FAVOR OI' CITY IN SUBSTANTIALLY THE SAME FORM AS ABOVE. 16. WAIVER OF IMMUNITY BY AGENCY. If Agency, as a charitable or nonprofit organization, has or claims an immunity or exemption (statutoi•y or otherwise) fi•om and against liability for damages or injui•y, 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 constihitional, statutory or common law. 17. INSURANCE AND BONDING. Agency will maintain coverage in the form of insurance or bond in the amount of $100,000.00 to insure against loss fi•om the fi•aud, theft or dishonesty of any of Agency's officers, agents, trustees, directors or employees. The proceeds of such insurance or bond shall be used to reimburse City for any and all loss of CDBG Funds occasioned by such misconduct. To effectuate such reimbursement, such �delity coverage shall include a rider stating that reimbursement for any loss or losses shall name the City as a Loss Payee. Agency shall fui•nish to City in a timely inanner, but not later than the Effective Date, CDBG CONTRACT: PR�S�RVL A HOME PROGRAM Page 30 TRINITY HABI'I'A"I' FOR HUMANITY (CARVGR HGIGH'I'S EAS'I' & HISTORIC CARV�R H�IGHTS MODEL BLOCI{S) certificates of insurance as proof that it has secuced and paid for policies of commercial insurance as specified herein. If City l�as not received such certificates by the Effective Date, Agency shall be in default of the Contract and City may, at its option, terminate the Conti•act. Such insurance sl�all cover all insui•able rislcs incident to oi• in corulection with the execution, performance, attempted performance or nonperformance of this Contract. Agency shall maintain the following insurance coverage and limits: Commercial General Liabilit�(CGL) lilstuance $ 500,000 each occurrence $1,000,000 aggi•egate limit Non-Profit Or�anization Liability or Directors & Officers Liability $1,000,000 Each Occurrence $1,000,000 Annual Aggregate Limit Business Automobile Liability Insurance $1,000,000 each accident on a comUined single-limit basis, or $ 250,000 Property Damage $ 500,000 Bodily Injury per person per occui•rence $2,000,000 Aggregate Insurance policy shall Ue endoised 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 l�erein. Worlcers' Compensation Insurance Part A: Statutory Limits Part B: Employer's Liability $100,000 each accident $100,000 disease-each etnployee $500,000 disease-policy limit Note: Such insucance shall cover employees performing worlc 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 sucl� contractor, if applicable, for each applicable contract. Additional Requirements CDBG CONTRACT: PRESERV� A HOM� PROGRAM Page 31 TRINITY HABITAT FOR HUMANITY (CARV�R H�IGHTS EAS'I' �C, HISTORIC CARV�R H�IGIiTS MODEL BLOCICS) Such insurance amounts shall be revised upward at City's reasonable option and no tnore fi�equently 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 volunteei•s of City. Any failure on part of City to request certificate(s) of insurance shall not Ue 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 Uusiness in the state of Texas by the Department of I�isurance or be otherwise eligiUle and authorized to do business in the state of Texas. visurers shall be acceptable to City insofar as their financial strength and solvency and each such company shall have a current mininnun A.M. Best Key Rating Guide rating of A-: VII or other equivalent insurance industry standard rating otherwise a�proved 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 Progi•am, and such requirements exceed those specified herein, the foriner shall prevail. Agency shall require its contractois to maintain applicable insurance covei•ages, limits, and other requirements as those specified het•ein; and Agency shall require its contractors to provide Agency with certificate(s) of insurance documenting such coverage. Also, Agency shall require its contractors to have City and Agency endorsed as additional insureds (as their interest may appear) on their respective insurance policies. Directors and Officeis 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, �resent and future directors, officers, trustees, employees, volunteers and committee members. Notwitlistanding any provision iu this Cont►•act to the contrary, when applicable, Agency sltall comply witlt the i•equirements of 2 CI'R 200.310 and shall, at a ininimuin, provide the equivalent insurance coverage for real property and equipment acquired or improved with CDBG Funds as provided to property owned by Agency. 18. CERTIFICATION ItEGARDING LOBBYING. The undersigned representative of Agency hereUy certifies, to the best of his or her lcnowledge and belief, that: CDBG CONTRACT: PR�S�RVG A HOM� PROGRAM P1ge 32 TRINITY HABITAT FOR HUMANITY (CARV�R I-i�IGHTS �AST & HISTORIC CARV�R HrIGI-ITS MODEL BLOCICS) No federal appropriated fiinds have been paid or will be paid, by or on Uehalf of Agency, to any peison for influencing oi' attempting to influence an officei' or employee of any agency, a member of Congress, an officei• or employee of Congress in coiinection with the awarding of any federal contract, tl�e malcing of any federal grant, the malcing of any federal loan, the entering into of any cooperative agreement and tlle extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan or cooperative agreement. If any fiinds other than federally appropriated funds have been paid or will be paid to any person for influencing or atlem�ting to influence an officer or employee of any agency, memUer of Congress in comiection with this federal contract, grant, loan or cooperative agreement, Agency shall complete and submit Standard Foi•m-LLL, "Disclosui•e Form to Re�ort Lobbying," in accordance with its instructions. This certification is a material representation of fact upon whicli reliance was placed when this Contract was inade or entered into. Subinission of this certificate is a prerequisite foi• malcing or entering into this Contract imposed by 31 U.S.C. Section 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000.00 and not more than $100,000.00 for each such failure. Agency shall require tl�at the language of this certification be included in all subcontracts or agreements involving the expenditure of federal funds. 19. LITIGATION AND CLAIMS. Agency shall give City immediate notice in writing of any action, including any proceeding before an administrative agency, filed against Agency in conjunction with this Contract oi• the Program. Agency shall fiu•nish 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 banla•uptcy or financial insolvency provision of law. 20. NOTICE. All notices required or permitted by this Contract nnist Ue in writing and are deemed delivered on the earlier date of the date act�ially received or the third day following deposit in a United States Postal Seivice 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 Pacty designates by proper notice to the sending Party. City Neighborhood Services Department 200 Texas Street Fort Worth, TX 76102 Attention: Director Telephone: 817-392-8187 CDBG CONTRACT: PR�S�RV� A HOM� PROGRAM P1ge 33 'I'RINiT1' HABITAT POR HUMANITY (CARVER H�IGHTS �AST 8c HISTORIC CARV�R H�IGH'I'S MOD�L BLOCICS) Copy to: City Attorney's Office 200 Texas Street Fort Worth, TX 76102 Telephone: 817-3 92-7600 Copy to: Neigl�borhood Services Department 200 Texas Street Fort Woi•th, TX 76102 Attention; Compliance & Plaiuling Manager Telephone: 817-392-7331 Agency; Trinity HaUitat foi• Humanity Gage Yager, CEO 9333 N. Normandale Street Fort Worth, Telephone: TX 76116 817-926-921921. 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 ��assed or talcen, to enter into this Contract and to perform the responsibilities herein required. 22. COUNTERPARTS. This Contract may be executed in multiple counterparts, each of which shall be considered an original, but all of which shall constitute one instrument which may be sufficiently evidenced by one counterpart. 23. PROGRAM INCOME Parties agree that no �rograin income as defined by HUD shall be earned as a result of this contract. 24. PROHIBITION ON CONTRACTING WITH COMPANIES THAT BOYCOTT ISRAEL If Agency has fewer tliaii 10 employees, this Agreemeiit is foi� less tha�i $100,000, or Agency does not meet the definition of a"company" undet� the applicable section of the Texas Government Code, this section does not apply. Agency acicnowledges that in accordance with Chapter 2270 of the Texas Govermnent Code, the City is prohiUited fi•om entering into a contract with a company for goods or services unless the contract contains a written verification fi•om the CDBG CONTRACT: PIL�S�RV� A HOM� PROGRAM P1ge 34 TRINITY HABITAT FOR HUMANITY (CARVER HEIGHTS �AS'I' & HISTORIC CARVER HCIGI-ITS MOD�L BLOCKS) company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contracC. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Agency certifies that Agency's signature provides written verification to the City that Agency: (1) does not boycott Isr�ael; and (2) will not boycott Israel diu�ing the term of tlie contr�ct. 25. ELECTRONIC SIGNATUR�S. This Agreement may be executed by electronic signahu•e, which will be considered as an original signature for all purposes and have the satne foi•ce and effect as an original signature. For these purposes, "electronic signahu•e" means electronically scanned and transmitted veisions (e.g. via pdf file or facsimile transmission) of an original signature, or signahu�es electronically inserted via software such as Adobe Sign. [SIGNATUI2ES APPEAR ON FOLLOWING PAGE] CDBG CON'I'RACT: PR�SERV� A I-IOM� PROGRAM P�ge 35 "CRiNITY HABITA"I' FOR IIUMANITY (CARV�R HCiGI-ITS �AST & HISTORIC CARV�R HCIGII'I'S MOD�L BLOCICS) IN WITNESS WHEREOF, the Parties hereto have executed 3 dupl icate originals of this Contract in Fort Worth, Tarrant County, Texas. ACCEPTED AND AGREED: CITY OF FORT WORTH: By: Fernando Costa (Aug 23, 2021 17:31 CDT) Name: Fernando Costa Title: Assistant City Manager Date: Aug 23, 2021 APPROVAL RECOMMENDED: By: CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensunng all performance and reporting requirements. By: Chad La\loque (Aug 23, 202116:47 CDT) Name: Chad Laroque Title: Housing Development Manager Name: Victor Turner APPROVED AS TO FORM AND LEGALITY: Title: Director, Neighborhood Services Department ATTEST: By: Name: Ron Gonzales Title: Acting City Secretary AGENCY: Trinity Habitat for Humanity By·��� . �geYger Title: C.EJ?). Date: By: Taylor P>fis (Aug 23, 202117:23 CDT) Name: Taylor C. Paris Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: 20-0226 Form 1295: 2020-590928 CDBG CONTRACT: PRESERVE A HOME PROGRAM Page 36 TRINITY HABITAT FOR HUMANITY (CARVER HEIGHTS EAST & HISTORIC CARVER HEIGHTS MODEL BLOCKS) EXHIBITS: EXHIBIT "A" — Progi•am Suinmary EXHIBIT "A-1" — 2021 HUD Income Limits EXHIBIT "A-2" — Lead-Safe / Preserve-A-Iiome Progcam Partnership Environmental Review Process EXHIBIT "A-3" — Required Documents for the Lead Safe Program EXHIBIT "B" — Budget �XHIBIT "C" — Audit Certification Form EXHIBIT "D" — Reimbui•sement Forms (Attachments I, II, III, IV) EXHIBIT "E" — Income Certification Forms EXHIBIT "F" — Standai•ds of Documentation EXHIBIT "G" — Section 3 Reporting Forms EXHIBIT "H" — Certification of Severe DisaUility EXHIBIT "I" — MBE Reporting Form EXHIBIT "J" — Lead Safe Hazard Certification EXHIBIT "K" — Conflict of Interest Disclosui•e Form CDBG CONTRACT: PR�SERVE A HOMG PROGRAM Page 37 TRINITY IIABITAT FOR HUMANITY (CARV�R H�IGHTS �AST & HiSTORIC CARVER HEIGHTS MODEL BLOCICS) EXHIBIT "A" PROGRAM SUMMARY (CDBG FUNDS) Trinity Habitat for Humanity Preserve-A-Home Program Date of Execution by City to 18 Moiiths Thereafter PERIOD $210,899.45 AMOUNT Capitalized tertns not defined herein shall have meanings assigned them in the Contract. Pro�ram: The Preserve-A-Home Program (Program) provides exterior home repairs for low-to-moderate (low-mod) income homeowners living in Fort Worth Texas. Eligible repairs inchtde: replacingh�epairing siding, roof replacement/repair, replacing/re-glazing windows or doors, replacing trim and painting, and other exterior items that are essential to maintaining the structural integrity of the home. Clients must be income eligible households, occupy the home as their principal residence, and must lacic the financial means or physical aUility to renovate their homes. For the ptu•poses of this Program, all clients served shall have a household income at or below 80% of Area Median Income, as defined and published annually by the United States Department of Housing and Urban Development. . The target neighborhoods of this Program are the Historic Carver Heights, and Carver Heights East neighborhood of Foi•t Worth Texas, with boundaries as designated Uy the Neighborhood Seivices Department Neighborhood Improvement program per the attached map. The Agency shall provide services exclusively in the Historic Carver Heights, and Caiver Heights East neighborhoods for the first 12 months of the Contract Term fi•om date of execution of contract. In the event that all contract funds are not obligated or committed to eligible clients in the Historic Carver Heights and Carver Heights East neighborhoods during this period, homeowneis fi•om the additional City-approved neighborhood areas listed below will be authorized to participate in the program, to ensure the successful completion of Prograni goals and to allow for the timely expenditure of grant funds; however, dttring this time, applicants fi•om the Historic Carver Heights and Carver Heights East neighborhoods shall remain the priority above all other locations. Pei•-Unit Cap: CDBG funding for each Unit will be limited to $12,500, unless one or moi'e of the following circumstances exists: • Llcreased constt•uction costs due to required Lead Hazard Reduction services; • Increased construction costs due to City of Fort Worth Historic & Cultural Landinarlcs Commission requirements; CDBG CON'I'RAC'1; GXhIIBI'1' "A": PROGRAM SUMMAI2Y Trinity Habil�t for Hum�nity: Preservc-A-Home Progrant (Hisloric Carver lleights/Clrver Heights Cnst) In the event that Lead-based Paint costs or IIistoric Preservation costs are a required element of the project, total CDBG funding will be limited to $20,000. Agency is responsible for prioritizing worlc items in order to stay within funding caps while addressing the most urgent items that are mosl essential to preserving the housing unit's structural integrity over the long term. Agency or homeowner is responsible for suUmitting any applications for, and oUtaining, applicaUle City permits or approvals. These approvals may include but are not limited to Historic & Cultural Landmarlcs Commission, Board of Adjustment, Zoning approvals, and building inspections. Cost for permits or appi•ovals are reimbtusable under this contract. Agency is responsible for referring all properties considered for Program assistance to the City of Forl Worth LeadSafe program to determine eligibility for that program, and for complying with the Lead Safe Housing Rule (24 CFR Part 35). Agency will maintain a list of such referrals for review by City upon request. If a Referral property is detertnined to be eligible for the LeadSafe Pi•ogram, Agency will coordinate with the City to ensure that all City-administered Lead Hazard Reduction activities are com�leted prioi• to completion of Preserve A Home activities. If a Referral pro�erty is determined to be ineligible foi• the LeadSafe Program, Agency may talce one of the following actions; • Contract for a Lead Rislc Assessment to determine the extent of Lead Hazard Reduction services reqttired by HUD's Lead Safe Housing Rule, incor�orate such Lead Hazard Reduction into the Program scope of worlc for that property, and perform both exterior repairs and Lead Hazard Reduction services using no more than $20,000 in funds fi•om this Contract. • Contract for a Lead Rislc Assessment, incorporate Lead Hazard Reduction into tl�e Program scope of worlc, and use Agency's Leveraged funds for any costs in excess of $20,000. • Contract for a Lead Rislc Assessment, incoiporate Lead Hazard Reduction into the Program Scope of Worlc for the tuiit, and i•educe the extent of Preserve A Home exterior repair items performed in order to stay within the $20,000 CDBG cost limit. • Deny services to the potential client based on cost infeasiUility. If the Lead Rislc Assessment performed by the City's or Agency's contractor identified lead hazards in the interior of the home, and the property has been determined to be ineligible for participation in the City's LeadSafe Program, Agency may talce one of the following actions: • Use Contract funds to perform the interior lead hazard reduction activities / interim controls in addition to the exterior Program repairs, prioritizing worlc items to be performed in order to stay within the $20,000 cost limitation. • Use Agency leveraged funds to supplement Contract CDBG fiuids and �erform all HUD- required interior lead hazard reduction activities in addition to all needed extei•ior i•epair items to ensure the ongoing physical and structural integrity of the housing tmit, • Deny sei•vices to the potential client based on cost infeasibility. CDBG funds will be used to pay for materials, building permits, contractor labor for the home repairs and project delivery costs in the form of salaries and FICA insurance foi• staff directly dealing witl� clients. The costs of Lead Rislc Assessments and lead hazard reduction interim controls to ensure compliance with HUD regulations are also eligible. The costs of Lead Rislc Assessments at homes which ai•e later denied Program sei•vices due to cost infeasibility or other reasons, are eligible under this Contract as a project delivery expense. CDIIG CONTRAC'I'; C;CHI[3I7"'A": PROGRAM SU�IMARY Triuity Habit�t for Humnnity: Preserve-A-Home Prograni (Hisloric Carver Heights/Carvcr Heighls CasQ Agency is responsible for �reparing and submitting to City all necessary information, photographs, worlc item descriptions, ete. for completion of the HUD required 24 CFR Part 58 environmental review process. Agency shall not commence worlc on any property prior to receipt of verification fi•om City that the environmental i•eview process had been completed and the property is approved for worlc. Agency is located at 9333 N. Normandale Street, Fort Worth, Texas 76116; with operating houi•s of 8:30 a.m. tlu•ough 5;30 p.m., Monday through Thursday and 8:30 a.m. tl�rough 4:00 p.m. on Fridays, Agency Program seivices will be delivered in the above listed neighborhoods at the homeowners' residences during the hours of 7:00 a.m. and 6:00 p.m. Monday tlu�ough Sahirday. ItEGULATORY CLASSIFICATION: IDIS Matrix Code(s) and Seivice Categoiy: 14A Rel�ab: Single-Unit Residential National Objective Citation: LMH Low/Mod Housing Benefit 24 CFR 570.208(a)( 3) Regulatory Citation(s): 24 CFR 570.202(b)(11) Agency will maintain documentation that verifies that 100% of clients served by the Program are Income Eligible Clients. PROGRAM GOALS: Minimum Number of Clients to be Sei•ved: The Program must serve a minimum of 12 (SO%) of the 15 proposed Unduplicated Clients at or below 80% Area Median Income (AMI) as shown by the monthly reports on Attachment III-Client Data Report. CDI3G CONTRAC't; GXHIf31"P "A": PI20GI2r1M SU�iMARY '1'rinity H�Uilat for Ilumanily: Prescrve-A-I lome Progrnm (Historic C�rver Heights/Cnrver Heights E�sl) 2021 HUD Inconle Limits Median Family Persons in Family FY 2021 Income Limit Area Income �' z021 Income Fort Worth-Artlngton, TX HUD Metro FMR Area i � �m(t Category 1 2 3 4 5 6 7 8 Very Low (50%) Income Limits ($) 2g�300 32,350 36,400 40,400 43,G50 46,900 50,100 53,350 � � Extremely Low ' $80�800 Income Limits ($)# 17�000 19�400 21�960 26�500 31�040 35�580 40�120 44�660 Low (80%) Income Limits ($) 45,300 51,750 58,200 44,650 69,850 75,OU0 �0,200 55,350 EXHIBIT "A-2" ENVIRONMENTAL 12�VIEW PROCEDUItES Items to be performed by Agency: Before Enviromnental Review e Intalce and application process • Client qualification o Client is an Income Eligible client as defined by contract o Client is a Fort Worth resident o Client owns property or has permission fi•om owner(s) to perform worlc o Client is up to date on all property taxes � Contractor/inspector assessment of client needs and assessment of worlc to be done o Talce color-photos of the following: ■ fi•ont of the property ■ left and right side view of property ■ house to the left aild right ■ house across the street ■ left street view with neighboring homes ■ right street view with neighboring homes • Preparation of ER request form and attaclunents o Full description of worlc to be performed using City's request form o All attachments completed and signed, where applicable, and uploaded to ER Template accordingly o Photos as described aUove and detailed color photos of areas where worlc is to be performed • Submit to City conh�act administrator for review and approval. After Environmental Review • Following notification of approval of woi•lc fi•om City, Agency issues Notices to Proceed to contractor • Agency performs all worlc as described in the environmental request • Agency inspects woi•lc to verify worlc is consistent with environmental request description • Agency requests reimbui•sement CDBG CON'I'RAC7' - GXHIBl7' "A-2" - GNVIRONMGNTAL ItGVIGW PI20CGDURGS P1�e 1 Items to be Performed by City: Before �nvironmental Review NOTE: If any of the reviewers in the process described Uelow have questions oi' need additional information, City's contract administrator will contact Agency to request the additional infoi•mation. � Compliance Division reviews client qualification information to verify eligiUility • City's contract administrator finalizes Environmental request, sends to Environmental Coordinator for review and certification / approval • Environmental Coordinator reviews request and attachments for accttracy and completeness � If no environmental impact is anticipated, Environmental Coordinator will sign and send environmental review to Compliance and Plaiming Manager or their designee for signahlre � Compliance and Planning Manager or their designee will sign and inform Contract administrator when environmental review is ready • City Contract administrator will send Agency a Notice to Proceed and will include the environmental i•eview with all attachments for Agency i•ecords After Environmental Review • Agency inspects worlc to verify worlc is consistent with environinental request description � City reimburses once inspection is complete CDBG CONTRACT — EXHIBIT "A-2" —�NVIRONMENTAL R�VI�W PROC�DUR�S Page 2 �XHIBIT "A 3" R�QUIR�D DOCUM�NTS rOR THC L�AD SATI: PROGRAM TO APPL'Y YOU WiLL N��D: 0 TO BE TH� HOM�OWNER/T�NANT OCCUPYiNG THI: HOUS� ❑ TO B� CURRENT ON 'YOUR PROP�RTY TAX�S ❑ NOT LOCATED IN A FLOOD PLAIN ❑ PROOF OF INCOME FOR TH� �NTIRE HOUSEHOLD ❑ EMPLOYED ❑ IF PA1D WEEKLY - 4 MOST RECENT PAYSTIJAS ❑ IF PAID BIWEEKLY - 3 MOST RECENT PAYSTtIBS ❑ IF PAID MONTHLY - 2 MOST RECENT PAYST'iIBS OTHER TYP� OF INCOME MAY INCI.UAE: 0 SOCIAL SECURTTY ❑ RETIREMENT LETTER ❑ PENSION LETTER ❑ ANNUITY LETTER ❑ UNEMPLOYMENT ❑ CHILD SUPPORT ❑ V.A. BENEFITS C7 FOOD STAMPS C7 CERTIFICATION OF NO 1NCOME STATEMENT ❑ WORKMAN' S COMP. [] OTHER SOURCES OF INCOME ❑ A VALID ID FOR ALL HOUS�HOLD M�MBERS'WHO AR� 18 Y�ARS OF AG� OR OLDER � MOST CURRENT UTILITY BILLS INCLUDING: ❑ 'WATER ❑ ELECTRIC ❑ GAS ❑ NO GAS (TOTAL EL�CTRIC� ❑ MOST CURRENT BANK STAT�MENT (AT LEAST 1 MONTH'S `WORTH� ❑ CHECHING ❑ SAVINGS ❑ MORTGAGE STATEMENT ❑ NO MORTGAGE (HOME IS PAID rOR� ❑ IF APPLICABLE: ❑ V�RITICATION OF EMPLOYMENT I+'ORM 0 PROOT OI+' ENROLLMENT TOR FULL-TIME STUDENTS E?�IiII3IT "B" - BUDG�T (CH�) AG�NCY NAMC: 'Trinity HRbitat fa►• Hu►nauity Account GrantI�mids A B C Tot�l PROGRANi P�RSONiV�L S�tlaries 1001 $ 2,320.1 S $ 592.00 � 2,912. I S FICA 1002 $ 153.00 $ 300.00 $ 453.00 Life/Dislbility Insurance 1a03 $ - Health/DeulalInsuranec 1004 $ - Unemployment-State 1005 $ - Worker's Compensalion 100G $ - Retirement 1007 � - SUPPLICS AND S�RVIC�S Office/Program Sttpplies 2001 $ - Postlge 2002 $ - Printing 2003 $ - Computers 2004 $ - Books 2005 $ - MISC�LLAIV�OUS ConsG•uction/Building Mlterials 3001 $ 36,000.00 $ 3,000.00 $ 39,000.00 Contract Labor (City needs copy of contr�ct before expenses can be reimbursed) 3002 $ - Food Supplies 3003 $ - Telching Aids 3004 $ - Cr1ft Supplies 3005 $ - Field Trip Expenses 3006 $ - Milelge 3007 $ - Othet' (instunnce-approx) 3008 $ - OtherO 3009 � - rACILITY AND UTILITI�S Telepl�one 4001 $ - Electric 4002 $ - G�s 4003 $ - Water �nd Wastewater 4004 $ - Solid W�ste Disposal 4005 $ - Rent (City iieeds copy of le�se before eapenses can be reimbursed) 4006 $ - Cleaning Supplies 4007 $ - OtherQ 4008 $ - LGGAL, r1NANCIAL AND INSURAiVC� Pidclity Bond or �quivalent 5001 $ - Directors and Officers 5002 $ - General Commercial Liability ($I15x2) 5003 $ 230.00 $ 230.00 OtiierO 5004 $ - DIR�CT ASSISTANC� OtherQ 6001 $ - BUDG�T TO'I'AL $ 38,703.15 $ - $ - $ 3,892.00 $ 42,595.15 FUNDING A: FUNDING B: FLTNDING C: H�bitat Mltching Fuuds FUNDING D: �XHIBIT "B" - BUDG�"I' The following taUles were created for the pttrpose of preparing, negotiating, and determining the cost reasonableness and cost allocation method used by the Agency for the line item budget represented on the first page of this EXHIBIT "B" — Budget. The information reflected in the taUles is to be considered part of the terms and conditions of the Contract. A�ency must have prior written approval by the City to malce changes to any line item in the Budget as outlined in Section 5.2.2 in the Contract. The deadline to make changes to �XHIBIT "B" — Budget is March 31,2023. SALARY DETAIL-PROGRAM PERSONNEL FRINGE DETAIL-PROGRA.M PERSONNEL EXHIBI'I"'B" - BUDGET Ainou►it ta Gi���it $ 1,250.00 $ 1,070.15 $ - $ - $ - $ - $ - $ - $ - $ - $ - 20.15 Amount to Graiit $ 153.00 $ - $ - $ - $ - $ - $ 153.00 Amount to Grant $ - $ - $ - $ - $ - $ - P1ge 2 SUPPLIES AND SERVICES Construction/Buildiug Materials Teaching Aids Craft Supplies Field Trip Expenses Mileage Other O Other O TOTAL Fidelity Bond or Equivalent Directors and Officers General Conunercial Liabili OtherO TOTAL MISCELLANEOUS Total Budget $ 36,000.00 $ - $ 3G,000.00 FACILITY AND UTILITIES �st. Percent to AlllOUllt i0 Gr�ttt Grant $ 36,000.00 $ - $ - $ - $ - $ - $ - 100.0°/a $ 3G,000.00 L�GAL, FINANCIAL AND INSURANCE �st. Percent to Amount to Total Budget Gi•n�it Gi•ant $ - $ - $ - $ 230.00 $ 230.00 $ 230.00 100.0% $ 230.00 DIRECT ASSISTANCE �st. Percent to Amount to Total Budget Gr1ut Grant Membei•sl�i�� fees $ - TOTAL $ - #DN/0! $ - G�I-IIBiT "B" - BUDG�'I' Page 3 �XHIBIT "B" - BUDG�'T (HCH) AG�NCY NAA4�: Tri�iity HaUitat fo►• IIumRi►it�� Account Gi•ant I'uuds A B C Total PROGRAII�I P�RSONN�L S�laries 1001 $ 19,064.20 $ 592.00 $ 19,65G.20 FICA 1002 $ I,458.64 $ 300.00 $ 1,758,G4 Life/Dis�bility Insiu�lnce 1003 $ - He�lth/Dent�llnsur�nce 1004 $ - Unemployment-State 1005 $ - Worker's Compensation 1006 $ - Retirement 1007 $ - SUPI'LI�S AND S�RVIC�S Oftice/Program Supplies 2001 $ 3,000,00 $ 3,000.00 Postlge 2002 $ - Printing 2003 $ - Computers 2004 $ - Books 2005 � - 11�IISC�LLAiV�OUS Construction/Building Materials 3001 $ 149,948.46 $ 12,000.00 $ 161,948.46 Contract Labor (City needs copy of contrnct before expenses can be rcimbursed) 3002 $ - Food Supplies 3003 $ - Teaching Aids 3004 $ - Cr1ft Supplies 3005 $ - Field Trip Expenses 300G $ - Mileage 3007 $ - Other p 3008 OtherQ 3009 $ - FACILITY AND UTILITI�S Telephone 4001 $ - Electric 4002 $ - G�s 4003 $ - Water and Waste�vlter 4004 $ - Solid Waste Disposll 4005 $ - Rent (City needs copy of lease before expenses can be reimbursed) 400G $ - Cle�ning Supplies 4007 $ - OtherO 4008 $ - L�GAL, I'INANCIAL AND INSURANC� Fidelity Bond or Equivalent 5001 $ - Directors and Officers 5002 $ - General Commercial Liability (iusurance-�pprox $115x2) 5003 $ 1,725.00 $ 1,725.00 OtherQ 5004 $ - DIRCCT ASSISTANC� OdierO G001 $ - BUDG�T TOTAL $ 172,19G.30 $ - $ - $ 15,892.00 $ 188,088.30 FUNDMG A: FUNDING B: FUNDING C: Habitat Matching Ftmds FUNDING D: EYI-IIBIT "f3" - BUDGET The following tables were created for the purpose of preparing, negotiating, �nd determining the cost reasonableness and cost allocaiion method used by the Agency for the line item budget represented on the first page of this �XHIBIT "B" — Budget, Tl�e information reflected in the tables is to be considered part of the terms and conditions of the Contract. Agency must have prior writteii approval by the City to malce changes to any line item in the Budget as outlined in Section 5.2.2 iu the Contcact. The deadline to malce changes to �XHIBIT "B" — Budget is March 31 ,2023. FICA Life/Disability Insurance Healtl�/Dental Insui•ance Unemplo}niient-State Worlcer's Compensation Retirement TOTAL FRINGE DETAIL-PROGRAM PERSONNEL Pei•ce�it of �st. Pei•cent to Payroll Amount Grant 7.65% $ 1,458.64 E 1,458.G4 SUPPLIES AND SERVICES Est, Pei•ceut to Total Bud�et Gr�ut Pri Boolcs TOTAL plies �7:HIBI'I' "B" - BUDG�T � AmoitTit to (;►•a» t 17�V V'Y�LV Amount to Gi�ant 1,458.64 � � � 0 0 0 0 1,458.G4 Amount to G►•ant � � � � 0 0 P1ge 2 SALARY DETALL-PROGRAM PERSONNEL MISCELLANEOUS Telephone Electric Gas Water and Wastewater Solid Waste Disposal Rent es 1 ���:7 �I DIRECT ASSISTANCE $ - �st. Percent to Acnaunt to Total Budget Gi•ant Graut MemUership fees $ - TOTAL $ - #DN/0! $ - �XI IIBTI' "B" - BUDGET I'a�e 3 FACILITY AND UTILITIES �st. Percent to Atnouvt to Total Budget Gi�ant Grant $ - $ - $ - $ - $ - $ - $ - $ - $ - #DIV/0! $ - LEGAL, FINANCIAL AND INSURANCE �XHIBIT "C" AUDIT CERTIFICATION i'ORM Agency: Trinity Habitat for Humanity Fiscal Year Ending: September 30, 2023 ❑ During the fiscal year in which funds will be received, we will exceed the federal expendit�ue 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 witliin 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 fiinds will be received, we will not exceed the $750,000 fedei•al expendit�ire threshold required for a Single Audit or a Progratn Specific Audit to be performed this fiscal year. (Fill out sche�lule below) Federal �xpenditure Disclosut�e MUST be filled out if Single Audit or Program Audit is NOT required. Pass Tlu•ough Program Name & Cont�•act Ex enditures Federal Grantor Grantor CFDA Number Number � Total Federal Expenditures for tliis Fiscal Year: Signatoi•y a�id Title Date Failure to suUmit this or a similar statement or failure to suUmit a completed single audit pacicage as described in the federally rec�uired audit requirements descriUed in 2 CFR Part 200, as applicable, by the required due date inay result in suspension of funding and may affect eligiUility for fiiture fimding. Notwithstandiug tlie above, this certification acicnowledges tlie agency's commitment to meet all other• financial i•eporting, financial statements, aiid otlier audit requii•ements as inay be set foi•tli in tlie Coiitract. EXHIBIT C-AUDIT CERTIFICATION FORM �XHIBIT "D" - REIMBURSEMENT FORMS ATTACHMENTS I, II, III aiid IV A'I"I'ACHIVIENT I INVOICE Agency: Address: City, State, Zip: Grant: Program/Period: Service Month: P,O. No. FID No, EXPENSES PROGRAM NAME �OUNT REQiTESTED CUMULATIV� BALANC� �a ATTACHM�NT II �XP�NDITUI2� WORKSH�ET ci�y, or ro�•i wo�•u� Ncighbm•hood Scrvices Dc�nrlmenl 11fON't'H Oi' Agcucy: I'rogi:�m: Pleasc gibup likc accomu coucs. Accounl Code Linc (Scc Kcy lo No. Chcck No. Date Payee Descriplion/Jub TiUe* Riglrt) Amounl 2 3 4 5 G 7 8 9 IO I 12 I3 14 IS IG 17 18 19 20 21 22 23 24 25 2G 27 28 29 30 31 32 33 34 35 3G 37 38 39 40 41 42 43 4q 45 4G a� �is �49 50 51 52 53 54 55 SG S7 58 59 GO Total 50.00 •�or Snlarics, sl�rie employce's title undcr Descriptioi�/]ob Title. Rent must idenlify tenm�l Only higidighlcd cudes a�n bc rchubursed � a zW� £H VQ Q � 3 au � F � � S L . 2 'c =i '=,r �� ?e 3 ? ep e� "e o; E_ g � �� 53 �e 3; Y = �o ��_ _� �a � 3�_ �:_ J E � � � E =4= E�� � E E „ � 'e fi-`_� �Z ��_ cu sC- V C et� 5 i 2 3 � Z35 '� � Y Ec� _'�c �5 - ^ n �Y' F<i �� d d 6 i J Z x �09� — — `G� � o�f�= fE6� 8 3 a.'-�g�a�gg 4 4 �.1.1 i:�� ��'- J 6 ` E $� �1:�1���� �� � ������^s � � �sx�s�� ; � � '6 ai�is»n i ��• �:Qspa_ v ryg�(�,yF�gSi �v a g� d a ��u�� o =8O 8 3��jd3� ����� ���� < P �� w� �;��� G �� V y f °° a � � � ��9�P§ <SoFr� "�! ��� � �g�� U 1 � Eg �� �e s �a �� 1 qo � a u� � u < �� �c 1 �3 , s, s� u�� �F � 0 W3g `� � N ����� �U� _.,_...�.,�..., - ., .....i-�,.h.<...>�.o-_..i�--'-`=--x=___..._.�aax������,.,,�x :, �� � �_ t �_6� � 3 3 3� 4.�. ^ 3 � �' ��`^ �UG,�, ` �i?..1J.��=l E �� q U� 3 1� J 3� J�� q �� yi����.�i��'v„ a 3 o :U�Y�3a�� � :� �a o o � �: g�tl�r �4a39 e 3�sP"�3 ��s ������� d$�� ���� i� s's 3aj��� �� 32��e go 2 � ��p�o � � ,ja d�3 ��3 � �6�� zl 3� o� 30 u �� � �o � Oy Ua � G < � � c � � z F `�9 �a �� Sg c 's � o rc��+ � 009 a a� � ���qq5 o�,y, � a �XHIBIT "E" CERTIFICATION OI' INCOME STATEMENT (English / Spanish) City of Fort Worth CERTIFICATION OF INCOME STATEMENT Applicant Name: Current Address: City and Zip: 'I'OTAL NUMBER OF FAMILY MEMBERS Total Gross Annual Household Income: Phone No. (Include Yowself, S�ouse, Children, etc.) PERSONAL INFORMATION: (Checl< one in each ite�u. This Infocmltion is Required for Pederal Reporti�ig Purposes) a. ❑ MALE b. � VJHITE ❑ BLACI{/AFRICAN AM�RICAN ❑ BLACIC/AFRICAN AMERICAN & WHITG ❑ FEMALE ❑ AMERICAN INDIAN/ALASICAN NATIVE ❑ ASIAN ❑ AMERICAN INDIAN/ALASICAN NA'PIVE & WHIT� ❑ ASIAN & WHITE ❑ NATIVE HAWAIIAN/OTHER PACIFIC ISLANDER ❑ BALANCE/OTEIER ❑ AMERICAN INDIAN/ALASICAN NATIVE & BLACIUAFRICAN AMERICAN c. ETHNICITY d. DISABLED ❑ HISPANIC ❑ Y�S ❑ NON-HISPANIC ❑ NO e. IS HGAD OF HOUSEHOLD FEMALE? ❑ I'ES ❑ NO Certification: I certify that the information I am providing is tiue and could be subject to verification at any time by a third party. I also acicnowledge that the provision of false information could leave me subject to the penalties of Federal, State and local law. Signature of Applicant Date WARNING: TtTL� 18, S�CTION 1001 OI' TH� U.S. COD� STA'T�S THAT A P�RSON IS GUILTY OF A I'�LONY rOR KNOWINGLY AND WILLINGLY NIAICING FALSG OR P'RAUDUL�NT STAT�M�NTS TO ANY D�PARTIVI�NT OP' TH� UNITGD STAT�S GOV�RNNI�NT. -----------------For r�se 6 Household Size: Applicable Income Limit: Is Applicant Eligible? Checic if Applicant refiised to provide demographic information; O Staff Assessment of Detnographics: Person Malcing Determination; NOTE: Address, irtconte unaorr�cts rr�zd sources for ALL Iaorrselt.olrl iiteiubers are Gross Annual Income: �XHIBIT "�" — Certificatioii of Income Statemeiil (Englisli) Household Members and Income Ciudad de Fort Worth CERTIFICACION DE DECLARACION DE INGRESOS NoniUre del Solicitante: Direccion de Actualidad: Ciudad y Codigo Postal: Apellido Nombre Telefono; Miembros Del Ho�ar e In c� (Incluvendo el/la Solicitante) Edad IIngreso Mensual * TOTAL NLJMERO DE MIEMBROS DEL HOGAR (Incliiyase Usted.) Total Anual de Ingresos del hogai•; ''•`*INFORMACION PERSONAL: (Seleccione uno en cada articula. �sta u�formacibu es requerida por el Gobieruo federal.) a. ❑ MASCULINO U. � BLANCO ❑ NEGRO/AFRICANO AM�RICANO ❑ NEGRO/AFRICANO AM�RICANO & BLANCO ❑ FEMININO ❑ INDIO AMERICANO/NATIVO DE ALASICA ❑ ASIATICO ❑ 1NDI0 AMERICANO/NATIVO D� ALASICA & BLANCO ❑ ASIATICO & BLANCO ❑ NATIVO HAWAIANO/OTRO DE LAS ISLAS PACIFICAS ❑ BALANC�/OTRO ❑ 1NDI0 AMERiCANO / NATIVO DE ALASICA & NEGRO/AFRICANO AMERICANO c. �THNICIDAD d. INCAPACITADO e, LES LA CAB�ZA DEL HOGAR MUJER? ❑ HISPANO ❑ SI ❑ SI ❑ NO-HISPANO ❑ NO ❑ NO CeY•tificacion: 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 IOOI D�L CbDIGO D� LOS �STADOS UNIDOS INDICA QU� UNA P�RSONA �S CULPABL� D� UN D�LITO POR SAB�R Y VOLUNTARIANI�NT� HAC�R D�CLARACIONCS TALSOS O I'RAUDUL�NTAS A CUALQUI�R D�PARTAM�NTO DE GOBI�RNO D� LOS �ST'ADOS UNIDOS. -----------------Pt�rra rrse tle #t De Miembros de Familia: Limite de Ingreso: Origen de Ingresos de Xra Ingreso Anual: �Es solicilante elegible? ; Coinpruebe si el solicitante se nego a dac su informacion personal; O �valuacion del empleado sobre informacion personal: Persona haciendo la determinacion; Fecha: Note: Lrr direccion de la cnsc� y los ingresos (y scrs origenes) p�rra todos ntientbros del r so�a EXIIIBIT `B" — Certi�cation of Income Statement (Spanisl�) EXHIBIT "F" STANDARDS OF DOCUMENTATION Page 1 CDBG CONTRACT — EXHiBIT "F" —STANDARDS OF DOCUMENTATION Documentation Standards for CDBG Contract Expenses � Employee Salaries and Beneffts - Cily will,only relmburse a percentage of any employee's salary and beneftts who work directly wllli the CDBG-funded Progratn. Percentages wlll be cost allocated and determined prior to the executlon of the CDBG Contract. Agencles requesting the reimbursement of 100% of any Agency employee wlll reyuire prior Cily approval. Ac�encles rnust sliow calculatlon on tiow the CDBG portlon of employee salaries and benefits were calculated consistently wilh tlie CDBG Conlract. I( an employee works on bolh a CDBG eliglble and non-CDBG eligible program(s), Ihe Cily wlll only relmburse (or a reasonable portlon of the employee's salary. Prior lo Ihe execulion of the CDBG CoMract, the Agency will prlovide the Ciry wilh a wrilten statemenl on how each employee's time wfll be allocated. If an employee works 100% of thelr llme direclly with lhe CDBG-(unded Program, Ilien 100% of lhe employee's salary may be eliglble (or reimbursemenl. Agency must submit a writlen slalement lhat 100% o( the employee's time Is spenl working direclly wilh lhe CDBG-funded Program. Slatements must be signed by a person aulhorized lo sign on belialF of the Agency and will be submilled wllh tlie Oclober Invoice. Salaries X x� Reimbursemenl requesls musl include a timesheel and work log lhat reflecls the hours worked by the employee(s) working direclly on llie CDBG-funded Program. For employees who are paid with mulliple funding sources, timeslieels must reflect all funding sources. If separate limesheels are kepl for each (unding source, all such timesheets must be submllled lo Cily. Timesheets musl be signed by employee and supervisor. Agency must show a calculalion and documentation of I�ow �he employee's salary was calculated and imoiced lo City. 'I( employees are pald by direct deposit ralher lhan check, then the agency musl submil both Ihe direct deposil paymenl companys report (sucfi as an ADT report) and a bank statemenl or check sliowing payment to the direct deposll company. FICAIMedicare X X X LI(e Insurance X X X Heallh x x X If lhe Cily pays gross salary, lhis Is already included. If the Cily pays Ilie employer portion, llie Agency must provfde proof thal Ihe Insurance employee is enrolled In the benefit plan, must show a calculation and documentation of how Ilie Involced amounl was calculated, and Disabflily X X x musl provide documenlalion showfng payment. Invoice and proof of paymenl are only required wilh the firsl reimbursement request and Insurance al any lime there are changes to amounts, enrollments, disenrollmenls, elc. Unemployment X X x Insurance I( Ihe Cily pays gross salary, tlils Is already Included. If the Cily pays lhe employer portion, the Agency must provide proof ihat the Reliremenl x x x employee Is enrolled in the benefit plan, must show a caiculalion and documentalion of how lhe invoiced amount was calculaled, and musl provide documenlation showinc� payment. Invoice and proof of payment are only required wilh the first reimbursement requesl and al an Ume lhere are chan es lo amounts, enrollments, disenrollmenls, etc. Matorials, Equlpment, Goods and Supplfes - City wlll only reimburse for the cost allocated percent or amount spent in support of lhe CDBG-funded Proc�ram, Agencies requesting reimbursement for tliese items wlll requ(re prior Clty approval. Agencies must show calculatlon on how the CDBG portion of tiiese expenses were calculated consistently with the CDBG Contract. Office Supplles X X X O(fice Equipmenl X X X X X Renlal Posta e X X X Prinlin X X X Construcllon & Bullding X X X X . Materials Sport and Recreation X X X Equi ment Cleaning X X X Su Iles Teaching Aids X X X Cra(t Su Iles X X X Food Supplfes X X X Rent, Utillties and Malntenance - Clty wlll only pay for a portion of these expenses, Tlie pottlon of these eXpenses wlll be determined by the square footage attributable to the CD6G-funded Program and sliall be cost-allocated in accordance with the amount of space used for the CDBG-funded Proc�ram. These expenses Inay only Ue In support of tlte CDBG-funded Program. The ltems listed below requlre prlor City approval and the Agency Is required to identify any funding source lhat pays for the portlon of the expenses tliat is not paid wlfh CDBG funds. Agencles must show calculation on how the CDBG portion of tliese expenses Were calculated consistently with tlie CDBG Contract. Tele iione X X Gas X X WalerlWaslew X X aler Eleclric X X Solid Waste X X Y�ge 2 Faciiily This itern requires approval by ttie City prior to the executfon of ihe CDBG Contract. Repairs may be calegorized as maJorhninor Mafnlenance X X X X retiabililation projecls and musl be approved through the full HUD Environtnetal Review. and Repairs Renl X X X Cily will pay for a portfon of lhe renl (or lhe Program faciliry so lony as its in proportlon to lhe square (oolage allributable to the CDBG- funded proyratn. Mlscallanoous This item requires prior approval by the Cily. Prior to the execuUon of the CDBG Conlracl, the Agency must submit a wrilten stalement Conlracted �hat lisls the contracled services lo be used during the Contract term. A�ency wiil submit a memo related to Ihe procurement of such Services X X X X X services and will forward any informalion pertaining to lhe procurement process to Cily. This reyuirement applies to, bul Is not limited to, services relained for securily services, legal, accounting, lransportatfon providers, educational facililalors, custodfal services, rehabllitallon services, home repair, and Ilke Ilems. Agencies may not usa Ihe contract ser�ices of any Cily cf Fort �Norih Departmenl. Cily-required X X Cily will only pay (or a percenlage of the City-required insurance so long as il's in proportion to tlie square footage aliributable to lhe Insurance CDBG-funded program. Cily requires Ihat lhe agency submit Its fee schedule or (ormula on how Ihe Agency calculales the childcare scholarsiiip amount. The fee schedulel(ormula sliould demonstrate a breakoul of Income levels, and for eacii Income level tl�e scliedule should demonstrale Childcare X X wliich portion of lhe expense Is lo be paid by Ihe (amily and wliich portion of the expense is to be reimbursed by ihe City. A fee Scholarships schedulelformula must be submilled to the Cily prior to lhe first payment. Agency must submit documenlatlon supporling thal the cllent is income eligible and thal lhe household Is being charged in conformance wlth the fee schedule. If the fee schedulelformula changes at any tfine during lfie conlracl term, Ihe Agency must immediately nolify City on lhe date the new fee schedulelformula takes into eifect. If an audil is required because federal funds exceed $750,000, ihen the cost should be splil evenly by all granl funding sources. Agency Audit Services X X X X must show calculation on how the CDBG poriion of lliea ccounting services were calculated. For example, if the CDBG grant is 10% of your Agency's budget, Ihen invofce shall nol exceed 10 /o of lhe overail cosl. Agency must show a calculation and documentation of how the invoiced amount was calculated, and must provide documentation showing paymenl. 'Proof of payment effective October 1, 2013: Payments or Expenses rnust be documenled in the following manner: A) Image of llie check AND bank slatement showing lhe check cleared lhe bank; OR, B) Image of the cancelled check (ex. Al end of bank statement); OR, C) Payroll Check Slub, "Advice", or Statement AND Bank Statemenl indicating payroll; OR, D) For wire or e-lransfers: Recfepl or statement (rom payee/vendor OR bank statement. Flnal os o109/2B/2017 DC Revlsed 7T/4/2020 GKD Yage 3 EXHIBIT "G" SECTION 3 I2EPORTING I'ORMS CDBG CONTIZACT — EXHIBIT "G" —SECTION 3 REPORTING FORMS Page 1 EXHIBIT "G" Sec#ion 3 Surnmaey Btepo�$ Economic Opportunities for Low — and Very Low-Income Persons Seclion back o( pago for Public Reporting E3urden slalemenl U.S. Department of Housing and Urban Development Office of Fair Housing And Equal Opportunity OMB Approval No: 2529-0043 (exp. 11 /30/2010) HUD Fleld Office: 1. Recipfent Name & Address: (slreet, cily, s�ate, zip) 2. Federal Idenliflcallon: (granl no.) 3. Tolal Amounl of Award: 4. Contact Person 5. Phone: (Include area code) 6. Longth of Grant: 7. Reporting Period: 0. Dale Report Submillod: 9. Program Code: (Use separale sheel 10. Proc�ram Name: (or each program code) Part I: Employment and Training *" Columns B, C and F are mandator fields. Include New Hires in E&F q g C D E F Number of Num6er of New % of Agc�regale Num�er % of Tolal Slaff Hours Number of Seclion 3 Job Catec�ory Ne�v Hires Hires thal are of Slaf( Hours of Now Hires for Seclion 3 Employees Tralnees Sec, 3 Residenls lha� are Sec. 3 Resldenls and Tralnees Professionals Technicians Office/Clerical Construction by Trade (List) Trade Trade Trade Trade Trade Other List Total ' Program Codes 1 = Flexible Subsidy 2 = Section 2021611 3 = Publ(cllndian Housing A = Devalopmenl, 8 = Operalion C = Modern(zation Page 1 0( 2 A = Homoless Assislanco S=HOME 6 = HOME Slala Adminislered 7 = CDBG Enlillement ff = CDBG State Adminlslered 9 = Other CD Programs 10 = Other Housing Programs ro�m Huo soaoz �s�zoot� Ref 2A CFR 135 Part II: Contracts Awarded ConslrucUon CoMracts: A. Total dollar amount of all contracls awarded on ihe projecl � B. Total dollar amount o( conlracls awarded to Section 3 businesses � $ C. Percenlage of the tolal dollar amount tliat was awarded to Seclion 3 businesses � % D. Total number of Seclion 3 businesses receiving contracts 2. Non-Construction Conlracls: A. Total dollar amount all non-conslrucllon conlracts awarded on Ihe projecUaclivity B. Total dollar amount of non-construcl(on contracls awarded to SecUon 3 businesses C. Percenlage of the total dollar amount lhat was awarded lo Seclion 3 businesses D. Total number of Seclion 3 businesses receiving non-conslruction conlracts Part III: Summary P�! Indicate lhe efforts made to direct the employment and other economic opportunities generated by HUD (inancial assfstance for housing and community development programs, to the greatest extent feasible, toward low-and very low-income persons, particularly those who are recipients of government assistance for housing. (Check ail that apply.) Attempted to recruit low-income residents through: local advertising media, signs prominently displayed at the project site, conlracts with the community organizat(ons and public or private agencies operating within the metropolitan area (or nonmetropolitan counly) in which the Section 3 covered program or project Is located, or simllar methods. Participated in a HUD program or olher program which promotes the lraining or employment of Section 3 residents. Participated in a HUD program or other program which promotes the award of contracts to business concerns which meet the definilion of Section 3 business concerns. Coordinated wilh Youthbuild Programs administered in the melropolitan area in which lhe Seclion 3 covered project is located. Other; describe below. Public reporting for this collection of information is estimated to average 2 hours per response, including lhe time for reviewing instructlons, searching existing data sources, gathering and mafntaining the data needed, and completing and reviewing the collection of information, This agency may not collect this information, and you are not required to complete this form, unless it displays a currently valid OMB number. Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u, mandates that the Deparlment ensures that employment and olher economic opportunities generated by its housfng and communfty development assistance programs are directed toward low- and very-low fncome persons, parlicularly those who are recipients of c�overnment assistance liousing. The regulations are found at 24 CFR Part 135. The information will be used by the Departmenl to monitor program recipients' compliance with Sectlon 3, lo assess the results of the Department's efforts to meet ihe stalutory objectives of Seclion 3, to prepare reports to Congress, and by recipienis as self-monitoring tool. The data is entered into a database and will be analyzed and dislributed. The collection of informalion involves recipients receiving Federal financial assislance for housing and community development programs covered by Section 3. The information will be collected annually lo assist HUD in meeting its reporling requirements under Section IIOII(e)(6) of the Fair Housing Act and Section 916 of ihe HCDA of 1992. An assurance of confidentiality is nol applicable to this form. The Privacy Act of 1974 and OMB Circular A-10E1 are not applicable. The reporting requirements do not contain sensitive questions. Dala is cumulative; personal identifying information is not included. Page 2 of 2 form HUD 60002 (11/2010) Re( 2-0 CFR 135 Form HUD-60002, Section 3 Summary Report, Econornic Opportunities for Low- and Very Low-Income Persons. Instructions: This form is lo be used to reporl annual accomplishmenls regarding employmenl and other economic opporlunilies provided to low- and very low-income persons under Seclion 3 of ihe Housing and Urban Development Act of 196£3, The Seclion 3 regulations apply to any publlc and Indian housing programs that receive: (1) development assistance pursuant to Seclfon 5 of lhe U.S. Housing Act of 1937; (2) operating assistance pursuanl lo Seclion 9 of lhe U.S. Housing Acl of 1937; or (3) rnodernization granls pursuant lo Seclion 1A of tlie U.S. Housing Act of 1937 and to recipients of housing and community development assistance in excess of �200,000 expended for: (1) housing rehabilitalion (including reduclion and abatemenl of lead-based painl hazards); (2) housing construction; or (3) other public construction proJects; and to coniracfs and subcontracts !n excess of $100,000 awarded in connecUon with the Seclfon-3-covered activity. Form HUD-60002 has three parts, which are to be completed for all programs covered by Secllon 3. Part I relales lo emp/oyrnent and training. The recipient has the option lo delermine numerical employment/Iraining goals eilher on the basis of lhe number o( hours worked by new hires (columns B, D, E and F). Part II of the form relates to contractlny, and Part III summarizes recipienls' efforls to comply wilh Section 3. Recipienls or confractors subject lo Section 3 requirements must maintain appropriate documentation to establlsh that HUD financial assistance for housing and community development programs were direcled toward low- and very low-income persons.' A recipient of SecUon 3 covered asslstance shall submlt one copy of th(s report lo HUD Headquarters, Office of Fafr Housing and Equal Opportunily. Where lhe program providing assislance requfres an annual performance report, lhis Sectlon 3 report is to be submitted at the same tima the program performance repori is submilted. Where an annual performance report is not required, this Section 3 report is to be submitled by January 10 and, i( the project ends before December 31, within 10 days of project complelion. Only Prime Reciplents are reryuired to report to HUD. Tfte report must lnclude accomplishrnents of all reclpients and their Sectlon 3 covered contractors and subcontractors. HUD Field Office: Enter the Fleld Office name . 1. Recipient: Enter the name and address of the recipienl submitting this report. 2. Federal Idenlification: Enter the number that appears on the award form (with dashes). The award may ba a grant, cooperalive agreement or contract. 3. Dollar Amount of Award: Enter the dollar amount, rounded to lhe nearest dollar, received by lhe recipient. 4 R 5. Contact PersonlPhone: Enter the name and telephone number of the person with knowiedge o( the award and ltie recipient's implementation of Seclion 3. 6. Reporting Period: Indicale the time period (months and year) Ihis report covers. 7. Date Report Submitled: Enter the appropriate date. fl. Program Code: Enler Ihe appropriale program code as listed at the botlom of lhe page. 9. Program Name: Enler lhe name of HUD Program corresponding with the "Proc�ram Code" in number FS. PaH I: Employment and Training Opportunities Column A: Contains various Job categories. Professionals are defined as people who liave special knowledge of an occupation (i.e. supervisors, archilects, surveyors, planners, and computer proc�rammers). For construction posilions, Ifst each trade and provide data in columns B through F for each lrade where persons were employed. The calegory of "Olher' includes occupations such as service workers. Column B: (Mandatory Field) Enter lhe number of new h(res for each calegory of workers Identified in Column A In conneclion wilh this award. New hfre re(ers to a person who is not on liie conlractor's or reciplenl's payroll for ernployment at the lime of selection (or the Seclion 3 covered award or at the time of receipt oF Section 3 covered assislance. Column C: (Mandatory Field) Enler the number of Section 3 new hires for each category of workers identified in Column A in connection with this award. SecUon 3 new hire re(ers to a Seclion 3 resident who is not on the conlractor's or recipient's payroll for employment at lhe time of selection for the Sectlon 3 covered award or at Ihe tlme of recefpt of Seclion 3 covered asslstance. Column D: Enter lhe percenlage of all lhe slaff hours of new hires (Sectfon 3 residents) in conneclion with this award. Column E: Enter lhe percentage of the tolal staff hours worked for Seclion 3 employees and lrainees (including new hires) connected with this award. Include staf( hours for part-time and full-lime posilions. Column F: (Mandatory Field) Enler lha number of Seciion 3 residents that were trained in connection with ihis award. Part II: Conlract Opportunities Block 1: Conslruclion Conlracls Ilem A: Enler lhe total dollar amount of all contracls awarded on the projecUprogram. Item B: Enter tfie total dollar amount of contracts connected with fhis proJect/program Ihat were awarded to Section 3 busfnesses. Item C: Enter the percenlage of the total dollar amount of conlracts connected with this proJect/program awarded to Section 3 businesses. Item D; Enter the number of Seclion 3 businesses receiving awards. Block 2: Non-Conslruclion Conlracls Item A: Enter the tolal dollar amounl of all conlracls awarded on lhe project/program. Item B: Enler lhe total dollar amounl of contracls connecled with lhis project awarded lo Section 3 businesses. Item C: Enter the percenlage of lhe tolal dollar amount of contracts connected wilh this projecl/program awarded to Seclion 3 businesses. Item D: Enter the number of Section 3 businesses receiving awards. Part III: Summary of Efforts — Self -explanatory Submft one (1) copy of this report to the HUD Headquarters Office of Fair Housing and Equal Opportunity, al lhe same lime the performance report is submflted lo the program office. The Seclion 3 report is submitted by January 10. Include only conlracls executed during the period specified in item fS. PHAsIIHAs are to report all conlracls/subcontracts. ` The terms "low-income persons" and very low-income persons" have the same meanings c�iven the lerms in section 3(b) (2) of the United States Housing Acl of 1937. Low-(ncome persons mean famiiles (including single persons) whose incomes do nol exceed IIO percent of lhe medlan fncome for lhe area, as determined by lhe Secretary, with adJuslments for smaller and larger famllies, except that Pagel The Secrelary may establish income ceilings higher or lower than 80 percenl of the medfan for the area on lhe basis of the Secrelary's findings such lhal varialions are necessary because of prevailing levels of conslruclion costs or unusually high- or low-income families. Very low-income persons mean low-income families (including single persons) whose incomes do not exceed 50 percent of lhe median family income area, as determined by lhe Secretary with adjustments or smaller and larger families, except thal lhe Secretary may eslablish income ceilings fiigher or lower than 50 percent of the median for lhe area on the basis of the Secretary's findings that such variations are necessary because of unusually high or low family incomes. (orm HUD �0002 (11/2010) Ref 24 CFR 135 EXHIBIT "H" CERTII+ICATION OF S�VEI2E DISABILITY I+ORM Address: AGENCY NAME Client Name: City, State, Zip Client Identification No. CHECK ALL THAT APPLY ❑ 0 � 0 � � Has used a wheelchair, a wallcer, 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, cereUral palsy, or autism; or has another mental or emotional condition that seriously interferes with everyday taslcs. Is tulable to perfoi•m one or more of the following "Functional Activities": seeing, hearing, spealcing and having one's speech understood, lifting or carrying, ttsing stairs, gi•asping small objects, or wallcing. 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 chaii•, bathing, dressing, eating, and toileting. Is unable to perform or needs assistance to perform one or more of the following I�lstrumental Activities of Daily Living (IADL): going outside tl�e home, lceeping tracic of money and bills, preparing meals, doing light houseworlc, talcing prescription medications in the right amount and at the right tiine, and using the telephone. Has a condition that prevents them fi�om worlcing at a job or doing houseworlc. The undersigned Agency representative conducted a visual assessment of the client identi�ed on this form and cei•tifies that the client meets at least one of the conditions indicated above, wl�ich determines that he/ she meets the definition of "severely disabled" according to the U.S. Census Bureau, Certified by: Date; Signahu�e/Title: a 0 w � z a O � � w Oi � �� 04 0 n 6 � E G Q v 0 0 r O n a a m O c E a > A a 0 a � � c � Q � •s u Q � G O u A r� 'b M M � � 0 .� F W O �a 0 � � 'S 'u � .� E 9 � u u A � '�J- .� � .� .� � q .� � u 7 $ � M. �� �� �z .� � e �u k H � �O o '� u '� � T F u C u u� �� ti k � U � � U ^ C N � C ? �O u h G � U U O ^ a� � o .. � a � �� o •" � S' h w � O �y G m `� O p ,p T .v. � � � [7 %; .� � o i,�, •�F q O � C " W ,j 0 o � u Q af u � w � v ��o P ? 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Y�+ .l] 7�z/-� � � G o� .. � � � � U � � a u`� � � U ^GI U � � � p �i zF.� e �. 'cj tl w v .a $ o a '� y q a w � c � � a o�z C� o � o � � b � o o � N s 'rd 7 !n' n z y � W i: � u M 0 .d � t� z 0 w l: q U � N r z � W � U r�1 0 '� � � � U ,pJ O � G � o� �� C ~CJ• t�dl � .� w � �j ,E � a b T C Q n � z �� E� u 7 N� �5� � C U1 qo F 1� •w � a a w � � e .y N v � b C n � � � 7 � E � �XHIBIT "J" LEAD SAF� HAZARD C�RTIFICATION 2020 CDBG CONTRACT — EXHIBIT "J" —LEAD SAFE HAZARD Page 1 CERTIFICATION Trinity Habitat for Humanity CERTIFICATION REGARpING COMPLIANCE WITH LEAp-SAFE HOUSING RULE FOR MINOR REHABILITATION PROGRAMS UNpER$5000 ADDRESS OF PROPERTY TO BE REPAIRED; YEAR BUILT; SCOPE OF REPAIR/REHABILITATION; Painted Surfaces; � Will be disturbed Will NOT be disturbed, If Painted surfaces will not be disturbed, explain; For Painted Surfaces that will be disturbed; (attach photos of worl<site) - _Worl< Area is Infierior and is Not Larger than 2 Square Feet: - Worl< Area is Interior_and is Lar er than 2 Square Feet; __ - Work Area is Exterior_and is Not larger than 20 Square Feet: - Work Area is Exterior and is Larger than 20 Square Feet: _ Housing unit is occupied by Elderly Person and/or Disabled Person: Yes Children Under 6 Years of Age Reside at / Regularly Visit this Housing Unit: Y Lead Based Qaint Information Pamphlet Provided to Nomeowner/Resident; Yes____No Date Pamphlet Provided No In housing built before 1978, for Work Areas Exceeding the above 2 Square Foot / 20 Square Foot De-Minimis Levels, and where children under 6 are expected to Reside/Regularly Visit the housing unit, Lead-Certified Contractors must be used, Lead Spfe Worlc Practices must be perforrned and Dust Wipes/Tests must be performed following completion of the rehabilitation work. Housing units constructed a ter 1978, and Pre-1978 Housing L/nits designated for Elderly or Disabled Persons where children are not expected to reside/visit regularly, are Exempt from the Lead Safe Housing Rule in accordance with 24 CFR 35.110, Definition of TargetHousing. I certify that the information provlded above is true and correct Certification by Agency Staff; Printed Name and Title: _ _ �L•7 2020 CDBG CONTRACT — EXHIBIT "J"— T,EAD SAFE HAZARD Page 2 n�nmTnrn n rrrni.t m..:.,:f., rs„t.:�... c.. rs...�,,..:.., �XHIBIT "K" CONFLICT Or INT�REST DISCLOSiJRE FORM 2020 CDIIG CONT1tACT — EXHIDIT "EC" — CONPLICT OF INTEREST DISCLOSCJRE Page 1 FORM Trinity Habitat for Humanity Signature: Miohel% Kehrredy M1.i�c�,�ui,ucnn�dy�N�q9,207, �2:2oCDT) Email: michelle.kennedy@trinityhabitat,org F�� R.'�' WO R�' � � CONFLICT Or INT�R�ST DISCLOSUR�: Tl�e assistance you ai•e applying for is funded using Hausing atid LJrbatt Development (HUD) t'utids attd because of this our oft"ice is requesting the following information in order to comply with the funding requiremettts, Please complete this form to the best of yaur ability, sign it, and retin�n it to this Agency at your earliest convenience. NAME; TELEPHONE; ADDRESS; E-MAIL ADDRESS (if applicable) 1. Are vou em lo ed by the City of Fort Worth7 ❑ YES ❑ NO 1 a, If yes, by which Department and Division; 2. Were ou ecn lo ed b ttie Cit of Fort Wortli wittiin tlie most recent 12-month eriod7 ❑ YES ❑ NO 2a, If yes, Uy wtiich Department and Division; 3, Are any metnbers of your immediate fatnily cui•rently employed by tlie City of Fort Wortl�? ("Immedinle Pnn�ily" incltrdes (�vhetlier by blood a• ndoplion): Jhe spause, pnreul (i�icltrding a slepp�reni), � yES ❑ NO cbild (includi�ign slepcliild), Grollier sisler (ischrdingn slepGrolher orslepsisle�), g�•midparenl, grnndcliild, G))lf I)1-IGIVS. 3a. If yes, please provide relative's name(s), Department(s), and Division(s): 4, If No, were any members of your immediate family employed by the City of Fort Worth � yES ❑ NO within the cnost recent 12-month eriod7 4a. If yes, please provide relative's name(s), previous Department(s), and Division(s); S, Are ou an elected or a ointed official, or agent or consultant, of the Ci of Fott Wocth? YES NO Sa. If yes, by wliich Department and Division; 6. Are any immediate family members an elected or appointed official, or agent or consultant � yES ❑ NO of the Cit of Fort Worth? 6a. If yes, please provide relative's name(s), Department(s), and Division(s); Cet'it�erttion: I understaud and agree that the City may/will contact the City of Fort Worth department ittcluding all supervisors in order to determine whether any of these persons' employment or official functions are or were related to the City's use of federal gi'ant funds and whether federal funds can be provided. 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 acicnowledge that the provision o£ false information could le�ve me subject to the penalties of Feder�l, State �nd local law, VYt�2I�ING; TITL� 18� SGCI'ION 1001 OR TILC U.S. CODG STATGS THAT A PERSON IS GUILTY Or A FCLONY FOR IQ90�VINGLY AND NILL[NGLY MAISING PALS� OR RRAUDUL�NT STATGMGN'PS T'O ANY D�PARTMCNT Or THG UNITGD STATCS GOVCRNMCNI'. Applicant/Pi•ospective Applicant Signature Date For Citv Staff Onlv: Once this fortn is completed and if "Yes" is marked on any of tl�e above questions, please i•eturn it to your Cotnpliance Specialist as soon as possible for pi•ocessi►�g. If you have any questions, please contact Bacbara Asbury, Grants Manager, Compliance Division, at 817-392-7331, or Charletta Moaning, Sr, Conh•act Cocnpliance Specialist, at 817-392-7333 oi• at charletta,►noaning@foi•twortligov,org, 2020 CDBG CONTRACT — EXHLBIT "K" -- CONFLICT OF INTEREST DISCLOSURE FORM Trinity Habitat for Humanity Page 2 CY�ry Cout�c��. AGENDA DATE: CODE: SUBJEGT: 4R/2020 ��FERENCE*'`M&C 20- LOG 19NS HABITAT PRESERVE-A-HOME NO.: 0226 NAM�: (MODEL BLOCKS REALLOCATION) C TYPE: CONSENT P�B�'�C NO HEARING: Authorize Reallocation of $196,119.77 in Community Development Block Grant Funds to Fort Worth Area Habi#at for Humaniry d/b/a Triniry Habitat fnr Humanity for the Preserve- A-Home Program in the Carver Helghts East and Historic Carver Heights Model Blocks Areas, Autharize Change In Use and Expenditure of $14,779.68 in Community Development Block Grant Funds to Fort Worth Area Habitat for Humanity d/b/a Trinity Habit for Humanity for the Preserve-A-Home Program in the Carver Heights East Model Blocks Area, Authorize Execution of a Contract, Authorize a Substantial Amendment to the City's 2011-2012 and 2017-2018 Action Plans, and Authorize the Subsitution of Funding Years (COUNCIL. DISTRICT 5) RECOMMENDATION: It is recommended that City Council: 1. Authorize reallocatlon of $196,119.77 of Community Development Block Grant Punds ta For-t Worth Area Habitat for Humanity d/b/a Trinity Habitat for Humaniky Preserve-A-Home Program from the prevlously deslgnated Carver Hefghts East Model Blocks funds and Historlc Carver Heights Model Blocks funds in the amounts of $23,9Z3.47 and $172;196.30, respectively, 2. Authori�e a Subskantial Amendment td the Ciky's 2011-12 Action Plan and 2p17-18 Ackion Plan contingent upon successful completion of the federal public comrnent perlod; 3. Authorize the City Manager or his des(gnee to substitute funding years as needed in order to meet United States Deparkment oF Housing and Urban Development commitment, disbursement, and expenditure deadlines; 4. Authorize a change In use and expenditure of Community Development Block Grant funds in an additional amount of $14,779.68 to Fort Worth Area Habitat for Humanity d/b/a Trinity Habitak for Humanity for the Carver Helghts East Preserve-A-Home Program, cantingent upon successful completion of the federal comment perlod; 5, Authorize the Cfty Manager or his designee to execute a contract with Forh Worth Area Habltat for Ftumanity d/b/a Trinfty Habitat fdr Humanity for Community Development Block Grant funds in the amount of $210,899.45 for a sixteen month Cerm beginning of execution of the contract; � 6. Authorize the City Manager or his designee to amend the contract if necessary to achieva projeck goals provided that the amendment is within the scope of the projects and in compllance with Cfty policies and applicable laws and ragulations governing the use of Grants Opereting Federal Fund. DISCUSSION: ' The City of Fort Worth's Model Blocks Progrem was a fargeted effort to revifalize neighborhoods, using $1.2 million in Community Development �lock Grant (CDBG) and HOME Investment Partnerships (HOME funds from the U.S. Department of Housing and Urban Development (HUD). A total of 18 neighborhoads were designated between 1993 and 2006. The Neighborhood Services Department has had a long-term policy of ensuring that any balances remaining from the funds originally committed to these neighborhoods must remain with ihat neighborhood to be spent for its benefit, Carver Heights East Model 8locks was designated in 2003. ihe designated Model Block area received street and sidewalk improvements as well as major and mindr home repairs for low income homeowners, This Model Block has a remalning unexpended balance of $23,923.47. Histaric Carver Heights Model Blocks was designated in 2006. Improvements in the designated Model Block area Included street lights and major and minor home repairs for law income homeowners. The remaining unexpended balance for this Model Block is $172,196.30, Home repair is greatly needed in aging City neighborhoods. Trinity Mabitat for Mumanity (Habitat) has partnered with the City in its Neighborhood Improvement Program neighborhoods, Stop Six, Ash Crescent, and Northside, to deliver CDBG-funded home repairs through Habitat's Preserve-A-Hame Program. Thls program spends up to $� 2,500.00 per unit to make exterior repairs or replacements for rQofs, siding, windQws and doors for low income homeowners, Staff conducted a public meeting with residents of both neighborhoods to present the possibility of awarding their remaining Model Block Oiflcial site of the Gh� of Fort 4Vorth, Texas FoeT� �� balances to Habitat for a Preserve-A-Home Program in these areas. Residents of both nelghbarhaods wer� in favor of the recommendation. As required by HUD regulations, a 30-day public comment period was held from December 19, 2019 to January 20, 2020 regarding this proposed change in use af funds, Since November 2019, an additional balance of $14,779.68 in 2011-2012 Unprogrammed CDBG funds has become available due to completlon of other proJects. HUD now requires use of grant funds within eight years of receipt, and these funds will be recaptured by the U.S. Treasury if not expended for CDBG-eligible activitlss prior ta September 2020. Therefore staff recommends the use of these funds in the Carver Meights East Preserve- A-Home program to ensure appropriate and timely closeout nf the 2011-20�2 CDBG program and to assist additlonal low income residents in that neighborhood, A 30-day notice regarding this proposed additional allacatiqn was published on March 14, 2020 with the comment period ending on April 14, 2020. The projects are loceted in COUNCIL DISTRICT 5 FISCAL INFdRMATIONICERTIFICATION: ihe Director of F'inance certifies that upan approval of the above recommendations, funds will be available in the current operating budget, as approprlated, af the Grants Operating Federal Fund. 7he Neighborhood Services Department Is P��polisible in verifying su�ciency of funding before disbursement, This is a reimbursement grant. Fund Department Account ID �-`3TITl�f�7't•3[�1i�� . � . . - - �T���i Originating Department Wead: Additional Information Contact: Pragram Budget Reference Year (Chartfield Fernando Costa (6122) Victnr Turner (8187) Barbara Asbury (7331) Sharon Burkley (5785) �4T7ACWMENTS