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Contract 42372
CRY SECREMY (ZXKTRX�l III STATE OF TEXAS § COUNTY OF TARRANT § This contract ("Contract") is made and entered into by and between the City of Fort Worth (hereafter "City") and Camp Fire USA First Texas Council (hereafter "Contractor"), a Texas nonprofit corporation. City and Contractor may be referred to individually as a "Party" and jointly as "the Parties". The Parties state as follows: WHEREAS, City receives grant monies from the United States Department of Housing and Urban Development ("HUD") through the Community Development Block Grant Program ("CDBG"), Program No. B- I 1 -MC -48 -0010 Catalog of Federal Domestic Assistance No. 14.218; WHEREAS, a national objectives of the CDBG program Is to benefit low and moderate income citizens (the "National Objective"); WHEREAS, Contractor submitted a proposal to use CDBG funds for an eligible Program (defined below) under the CDBG Regulations (defined below) whereby Contractor will provide services as further described in Exhibit "A"- Program Summary; WHEREAS, City citizens, the Community Development Council, and the City Council have determined that CDBG programs are needed by the City's citizens; NOW, THEREFORE, the Parties understand and agree as follows: 1. INCORPORATION OF RECITALS. City and Contractor hereby agree that the recitals set forth above are true and correct and form the basis upon which the Parties have entered into this Conti-act. 2. DEFINITIONS. In addition to terms defined in the body of this Contract, the following terms shall have the definitions ascribed to them as follows: Area Median Income (AMI) means the median family income for the Fort Worth- Arlington metropolitan statistical area as established by HUD. The 2011 income limits are attached hereto as Exhibit F. Complete Documentation means a report or reports in a form acceptable to City that contains a summary of all CDBG eligible costs expended for the Program with the Supporting documentation as appropriate: (1) copies of invoices for all expenses and other CDBG SUBRECIPIENT CONTRACT Rev 09/01/2011 Camp Fire USA First Texas Council documents such as an approved check request, cancelled checks, bank statements, or wire transfers necessary to demonstrate that such amounts were actually paid,; (ii) copies of approved timesheets and other documents such as cancelled checks, bank statements, direct deposit forms necessary to demonstrate that such amounts were actually paid; (iv) sufficient proof to show client income eligibility; and (v) any other document or records reasonably necessary to verify costs spent and client eligibility for such Program. CDBG Eligible Client means a client whose annual income adjusted for family size does not exceed 80% of AMI using the most current HUD Income Guidelines and Technical Guidance for Determining Income and Allowances verified by either Source Documentation or Income Self - Certification forms (Exhibit E). The definition of annual income to determine client income eligibility under this Contract shall be the definition contained in 24 CFR Part 5.609 as amended from time to time. CDBG Funds means City's CDBG funds supplied by City to Contractor under the terms of this Contract. CDBG Regulations means regulations found in 24 CFR Part 570. Program shall mean the service(s) described in Exhibit A — Program Summary. Reimbursement Request shall mean all reports and other documentation described in Section 9. Source Documentation means any documentation allowed under the 24 CFR Part 5.609 definition of annual income. 3. TERM. 3.1 Term. The term of this Contract begins on October 1, 2011 (the "Effective Date ") and terminates on September 30, 2012 unless terminated as provided in this Contract. This contract is contingent upon receipts of CDBG funds by City. If CDBG funds are not received or if City's allocation of CDBG funds changes, City reserves the right to amend or terminate this Contract. Also, no funds will be available for reimbursement to agencies until City's 2011 -2012 Action Plan is approved by HUD and a grant agreement is received by City. 4. DUTIES AND RESPONSIBILITIES OF CITY. 4.1 Reimbursement of CDBG Funds. City shall pay up to Forty Two Thousand Two Hundred Ninety Six and No /100 ($42,296.00) of CDBG Funds on a reimbursement of expenses basis, under the terms and conditions herein. 4.2 Citv Will Monitor. City will monitor the activities and performance of Contractor and any of its CDBG SUBRECIPIENT CONTRACT 2 Rev 09/01/2011 Camp Fire USA First Texas Council contractors V« subcontractors us necessary, but oo less than annually. 5. CONTRACTOR OBLIGATIONS. 5] Required Services. In accordance with the terms and conditions of this Contract, Contractor shall pert*orm the service as described in Exhibit "A" — Program Summary. 52 Use of CDBG Funds. 51\. Expenditures in Compliance with CDBG Rep_ulations and Contract. Contractor shall be reimbursed for the Program costs with CDBG Funds only if: 52.1.1 Costs are eligible expenditures in accordance with CDBG Regulations as determined by the City in its sole discretion. 5.2].2 Costs are in compliance with this Contract as determined by the City in its sole discretion and are reasonable and consistent with industry norms. 5.2.1.3 Contractor oouS1 submit Complete Documentation as dctcnniuod by the City in its sole discretion. 521 ClJBG Funds will be reimbursed in accordance with Exhibit ^1B" - Budget. During the Term, Contractor may submit written proposals to inoncuso or decrease line- item amounts in the Budget; such approvals are subject to approval by the director ofthe City's Housing and Economic Development Department ("Director"). lf Director gives written approval of Contractor's proposed Budget onosndnuoot (us approved, the "Amended Budget"), then the Amended Budget will take effect on the first day of the month following the noouih in which it was approved by Director. No Amended Budgets will be approved after August }5,2O\2. 52.3' Payment of CDBG Funds to Contractor. CDBG Funds will be disbursed to Contractor on a reimbursement basis upon Contractor's written and signed request for reimbursement and submission of Complete Documentation toCity. 5.3 Contractor vvunrun\s that the Program will achieve the following milestones: CDBG8lJBRB(%plENTCONTRACT } Rev 09/01/2011 Carnp Fire USA First Texas Council 5 45.45% 45.45% 45.45% 6 54.54% 54.54% 54.54% 7 63.63% 63.63% 63.63% 8 72.72% 72.72% 72.72% 9 81.81% 81.81% 81.81% 10 90.90% 90.90% 11 100% 100% --20.90% 100% Failure of Contractor to meet or material deviation from the milestones outlined in this Section 5.3 is a breach of the Contract. In the event of such breach, City reserves the right at its sole option to delay or withhold reimbursement payments, to lower the allocation of CDBG Funds, or to terminate this Contract. 5.4 Change in Contractor's Program Budget. 5.4.1 Contractor will notify City promptly of any additional funds it receives for operation of the Program, and City reserves the right to amend this contract in such instances to ensure compliance with HUD regulations governing cost allocation. 5.4.2 Contractor agrees to utilize ftinds available Linder this Contract to Supplement rather than supplant funds otherwise available for use in the Program. 5.5 Commingled Funds. Contractor will not commingle CDBG Funds with any other funds in any manner that would prevent City from readily identifying expenditures for operation of the Program. 6. CLIENT ELIGIBILITY VERIFICATION. 6.1 Client Eligibility. Contractor agrees that prior to offering any services to a prospective client, Contractor will document the eligibility of the client in one of the following ways. Only one of the following methods will apply to this Contract; the relevant method for this contract is Section 6.1.4. All other subsections of Section 6.1 are not applicable to this Contract. In all instances below, Contractor may redact the client's personal information and substitute a client number. 6.1.1 Contractors Receiving HOPWA Funds. 6.1.1.1 Income. Contractor must verify all new clients' income eligibility with either Source Documentation or the form attached as Exhibit E — Form of Self Certification. Contractor must use the annual income definition used by 24 CFR 5.609 to establish client income eligibility. Contractor shall use the most Current HUD Income Guidelines. 6.1.1.2 Diagnosis. Contractor must submit a signed, dated statement that the client's file contains documentation of the clients' diagnosis of HIV/AIDS. The HIV/AIDS diagnosis must be made by a licensed CDBG SUMECIPIENT CONTRACT 4 Rev 09/01/2011 Camp Fire USA First Texas Council health care provider; a client's self certification of diagnosis is not sufficient. Contractor should not submit the actual diagnosis to City. 6.1.1.3 Emergency Need. For clients receiving short term rental, mortgage, or utility assistance, Contractor must also verify and document that the client has an emergency need, such as sudden loss of income, eviction, utility shutoff, or extraordinary and unexpected healthcare costs. 6.1.2 Contractors Receiving ESG Funds. 6.1.2.1 Homelessness Status. Contractor must verify that all new clients meet or are at imminent risk of meeting the definition of homelessness described in 42 U.S.C. 11 302, as amended from time to time. Acceptable forms of'verification ]Include: i. For emergency shelter or essential services for homeless persons (including childcare for homeless clients): 1. a signed, dated statement from the client stating that the client is homeless, or that the client is homeless by virtue of fleeing domestic violence. ii. For transitional housing services: 1. a signed, dated staternent from the client stating that the client is homeless, 2. a signed referral from an emergency shelter, or 3. evidence documenting that the client was evicted within one week of receiving service from Contractor, such as a formal eviction notice or a signed and dated statement from the family member displacing the client. iii. For prevention services: 1. documentation of sudden reduction in income, 2. one of the following: documentation of formal eviction proceedings, utility termination notice, or signed and dated statement from family member displacing client, 3. documentation of client's reasonable prospects of resuming payment of rent or utilities, as applicable, within a reasonable time, and 4. evidence documenting that the client is not receiving assistance from other homelessness prevention agencies or funding sources. 6.1.3 Contractors Receiving CDBG Funds and Serving a Presumed Benefit Clientele. CDBG SUBRECIPIENT CONTRACT 5 Rev 09/01/2011 Camp Fire USA First Texas Council 6.1.3.1 Presumed Benefit Status. Contractor must document that all clients served fu|} under ^^premonuod btnefit" category as defined in 24 CF}t 570. Relevant categories of presumed benefit are: severely disabled adults, homeless persons, or abused or neglected children and youth. Eligible forms of documentation include: (a) Severely Disabled Adults. WdUon' signed and dated diagnosis ofo severe disability from u licensed diagnostic professional. (b) Homeless I^uronoo. /\ signed, dated statement from the client stating that the client is hoouo)noo, or referral from a homeless service provider. (c) Abused or Neglected Children and ?yoytb. A noNon, signed, and dated certification of abuse or neglect from u court or an agent of the Texas [)npurtnoont of Family and Protective 6.1.4 Contractors Receiving CDBG Irpodm and Serving a 51Y6 Client Program. 6].4] Income. Contractor must verify all new clients' income eligibility with either Source Documentation or the fbnn attached as Exhibit E — Form of Self Cerbfivadno' Contractor rnux( use the annual income definition used by 24 CFR 5.609 to establish client income eligibility. Contractor shall use the most current HUD Income Guidelines. All clients' income must bu documented, but only 5IY6 of clients must meet income eligibility requirements described in 24 CFR 5.609. 6.1.5 Contractors Receiving CDBG Funds and Serving a 100% Client Prngramm, 6.1.5] Income. Contractor must verify all new clients' income eligibility with either Source Documentation or the form attached as Exhibit ]C — Irnrnu of Self Certification. Contractor roust use the auooa| income defiuidouused by24CFK5609to establish client income eligibility. Contractor sbuU use the most current B(I0 lnoornc Guidelines. All clients' income must hedocumented, and 10096 Of oUootn must ozont income eligibility requirements described in 24 CFR 5.609. 6.2 Eligibility Documentation,. Contractor must submit copies mfall relevant components of the eligibility verification documentation described under Section 6.1 with Attachment I0 in each month's reimbursement request, and must noaio(n|u copies of such documentation as required under this Contract. Contractor is only required to submit the eligibility verification docuououCudoo for any given client the first rnuntb that the client appears oo Attachment D1D. CDBG SUBRECIPIENT CONTRACT 6 Rev 09/01/2011 Camp Fire USA First Texas Council 7. Additional CDBG Reouirements. Contractor 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 until City has conducted and completed an environmental review as required under 24 CFR Part 58. The environmental review may result in a decision to proceed with, modify, or cancel the Program. Further, Contractor will not undertake or commit any funds to physical or choice limiting actions. Any violation of this provision will result in the denial of any funds under this Contract. 7.2, Contract Not Constituting Commitment of Funds. Notwithstanding any provision of this Contract, the Parties agree and acknowledge that this Contract does not constitute a commitment of funds, and that such commitment of funds or approval may occur only upon (1) satisfactory completion of environmental review and receipt by City of an authorization to use grant funds from HUD under 24 CFR Part 58, (2) approval of City's 2011-2012 Action Plan and receipt by City of grant agreement from HUD. 7.3. Monitoring. 7.3.1 Contractor understands and agrees that it will be subject to monitoring by City for compliance with the CDBG Regulations for the duration of this Contract and until the Program is closed in HUD's TDIS system. Contractor will provide reports and access to Program files as requested by City for 5 years after closeout of this Contract in HUD's IDIS system, and will meet all the reporting requirements set out in this Contract. This Section shall survive the termination or expiration of this Contract. 7.3.2 City, "HUD, and the United States Comptroller General or their respective representatives shall have access at all reasonable hours to the Contractor's offices and records dealing with the use of the CDBG Funds that are the basis of this Contract, and its officers, directors, agents, employees, and contractors for the purpose of such monitoring. 7.3.3 In addition to other provisions of this Contract regarding frequency of monitoring, City reserves the right to perform desk reviews or on-site monitoring of Contractor's compliance with the terms and conditions of this Contract, and of the adequacy and timeliness of Contractor's performance tinder this Contract. After each monitoring visit, City shall provide Contractor with a written report of the monitor's findings. If the monitoring report notes deficiencies in Contractor's performance, the report shall include requirements for the timely correction of said deficiencies by Contractor. Failure by Contractor to take the action specified in the monitoring report may be cause for suspension or termination of this Contract as provided herein. CDBG SUBRECIPIENT CONTRACT 7 Rev 09/01 /201 1 Camp Fire USA First Texas Council 7.3.4 Contractor will nuuiotuio all records related to this Contract fora minimum o{ five years after termination mf the Contract. 74 Contractor Procurement Standards. Contractor shall establish procurement procedures to ensure that materials and services are obtained in u cost effective manner. When procuring services 1obe provided under this Contract, Contractor ahw|| comply at u noiniouuno with the procurement standards a124CFIl Part 84.4O through 24CFR Part 84.4D. 7.5 Cost Principles/Cost Reasonableness. Contractor ahuU administer its use o[CDBG Funds in compliance with OMB Circular A-122, "Cost Pdooin|os for Non-Profit Organizations", as amended from time to dcnc The mUmwohUih/ ofcosts incurred for performance rendered shall be determined in accordance with (}MB Circular /\-122 as oupp|cnocmbed by the provisions of this Contract. 7.6 Accountinp, Standards. Contractor agrees to comply with OMB Circular A-1 10, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and other Non-Profit Organizations", and agrees to adhere to the 0000uodug principles and procedures required therein, utilize udcQuotc iutccou1 coobn}s` and maintain necessary source documentation for all costs incurred. 7.7 Terms Applicable to Contractors and Subcontractors. Contractor understands and agrees that all terms o[this Contract shall apply to any and all contractors and subcontractors 0{ Contractor which are in any nay paid with C[}B(] Funds or who perform any work in oouucodon with Coubuck>r`y Program. Contractor mbu\| monitor the services and work performed by its contractors and subcontractors for oonop|iuuoo with the CZ)BG Regulations. Contractor is }imb1c for all violations of the CDBG Regulations committed by its contractors or subcontractors. 0. REPORTING AND DOCUMENTATION REQUIREMENTS. Contractor shall maintain u record-keeping system as [art of its performance of this Contract and shall promptly provide City with copies ofany document City deems necessary for the effective fulfillment of City's monitoring and cvo\uudoo responsibilities. Specifically, Contractor will koc9 or cause to be kept an accurate record of all actions taken and all funds spent, with source and back-up documentation. 9' REIMBURSEMENT REOUIREMENTS. 4.1 Each Reimbursement Request shall be received by the City on or before the 15m day of the month following the rnmntb expenses were paid. For example, Reimbursement Requests for June expenses must be received byJuly 15. lo the event the }5`" falls on uvveckond nr City holiday, Reimbursement Requests uho\| be due the ocst business day. Failure to submit u Reimbursement Request in a dzno|y fashion will result in City initiating procedures as outlined in Section }O.l. NOTWITHSTANDING ANYTHING ABOVE, EXPENSES FOR SEPTEMBER 2012 MUST BE CDBG SUBRECIPIENT CONTRACT 8 Rev 09/01/2011 Camp Fire USA First Texas Council RECEIVED BY SEPTEMBER 20,20l2,FAILURE TO SUBMIT A COMPLETE REIMBURSEMENT REQUEST BY SEPTEMBER 20,2Al2 WILL RESULT IN AN AUTOMATIC FORFEITURE OF THE SEPTEMBER PAYMENT. 92 With each Rcinohorsn000nt Request, Contractor shall provide City with the following reports (found in EXDll]NI][ D — REPORTING FORMS) and [nnop|ctc 42.1 Attachment l— Iuvoioo This report shall contain the amount requested for reimbursement each month, and the cumulative reimbursement requested \o date (inclusive o[ that month's regucsd. Even if Contractor is requesting $0 for u particular month, this report must be submitted. This report must be signed by an authorized signatory of the Contractor (authorized signatories of Contractor are: Ms. Zenn Neill President/CEO 8y signing Attachment [ Contractor iscertifying that the costs are valid, eligible, and consistent with the terms and conditions of this Contract, and the data contained in the report ix true and correct. 9.2.2 Adaubomumt 11 — Expenditure Worksheet. This report shall itemize each expense requested for rcicnhur»cnoont by Contractor and sbu|| include the Account corresponding the expense to a budget line denn in /\ttucbrnen1 II. Expenses must comply with the rates and o||ouuhons described in Exhibit Ek—Budget. In order for this report to be oo,np|ctc the following must busubmitted: 9.2Z1 Tirneuhtets signed by ennp|oyuom and approved by supervisor for all payroll expenses listed. TinneohceCs must distinguish bctvvceo C[JE\(} funded time and non-CI)0(] funded time and reflect actual time spent onC[)B(] funded activities. 9.222 Invoices for all non-payroll expenses listed — the invoice must o|endy ubnn/ it pertains io the Program described in the Program description. 9.2.2.3 Proof that the expenses were paid by Contractor, which proof can be satisfied by cancelled checks, wire transfer documentation, paid receipts ur other appropriate banking documentation. 9.2.3 Attachment IXI — CUoot Data Report. This report shall list each client served during the month along with their demographic information. Clients served in nouhip|o months sbno]d be listed each month. The report sbo|| be ounou|nhve throughout the Program, with new clients added to the form each month. In order for this report tobe complete the following must hesubmitted: 9.2.3.1 Documentation of income verification for each o1icut` which will either be the Source Documentation described in Section 82.1, or the completed Foro, of Su// Cer1h0out/oo attached hereto as Exhibit E. This documentation xba|\ only be submitted the first time u client iu listed oo Attachment III — Client Data Report. The City retains the right to change reporting requirements and forms atits discretioo. Upon such change, Wen the Parties shall execute an amendment to the CDBGSOBKE{%PlENTCONTRACT 9 Rev 09/01/2011 Camp Fire USA First Texas Council Contract. 9.3 Withholding Payment. IF THE REQUIRED REPORTS AND APPROPRIATE SUPPORTING DOCUMENTATION ARE NOT RECEIVED BY THE DUE DATE, CITY SHALL WITHHOLD PAYMENTS REQUESTED UNDER THIS CONTRACT. Failure to submit required reports shall be an event of default. 10. DEFAULT AND TERMINATION. 10.1 Failure to Submit Required Documentation 10.1.1 If Contractor fails to submit a Reimbursement Request by the deadline stated in Section 9.1, or if the submitted Reimbursement Request is incomplete or other-wise not in compliance with this Contract or CDBG Regulations as determined by City, Contractor shall be in default of this Contract. City will notify Contractor in writing of such default and the Contractor will have 10 calendar days from the date of the written notice to submit or resubmit any such Reimbursement Request to cure the default. If the Contractor fails to cure the default within such time, Contractor shall forfeit any payments otherwise due that month. 10.1.2 NOTWITHSTANDING 10.1-1, FOR THE REIMBURSEMENT REQUEST DUE SEPTEMBER 20, 2012, IF CONTRACTOR FAILS TO SUBMIT A REIMBURSEMENT REQUEST, OR IF THE SUBMITTED REIMBURSEMENT REQUEST IS INCOMPLETE OR OTHERWISE NOT IN COMPLIANCE WITH THIS CONTRACT OR CDBG REGULATIONS AS DETERMINED BY CITY, THERE WILL BE NO CURE PERIOD AND ANY REIMBURSEMENT WILL BE AUTOMATICALLY FORFIETED. 10.1.3 In the event of more than two instances of default, cured or uncured, City reserves the right at its sole option to terminate this Contract effective immediately upon written notice of such intent with no penalty or liability to City. 10.1.4 Notwithstanding anything to the contrary herein, City will not be required to pay any CDBG Funds to Contractor during the period that any report or documentation is past due or is not in compliance with this Contract or the CDBG Regulations, or during any period during which Contractor is in default of this Contract. In the event of termination under this Section 10. 1, all CDBG Funds awarded but unpaid to Contractor pursuant to this Contract shall be immediately forfeited and Contractor shall have no further right to such funds. 10.2 In General. Subject to Section 10.1, and unless specifically provided otherwise in this Contract, Contractor shall be in default under this Contract if Contractor breaches any CDBG SUBRECIPIENT CONTRACT 10 Rev 09/01/2011 Camp Fire USA First Texas Council tcoo or condition of this CuntruoL In the event that such a breach remains uncured after thirty (30) calendar days following written notice by City (or such other notice period as may be specified herein) or, if Contractor has diligently and continuously uttcrnpU:d to ou,c fV|\ovviog receipt of such written ooduc but rouo0nah|y required more than thirty (]0) calendar days to coo:, as determined by both Parties mutually and in good faith, City shall have the right to r|cot" as detcr-nincd in City's sole discretion, to tcnmioutc this Contract effective i000ucdictc|y upon written notice of such intent to Contractor, or to pursue any Oibcr legal remedies uvui|uhlc to City. In the event of tcooimntiOo under this Section 102` all LDBC} Funds uvvondod but unpaid to Contractor pursuant to this C*o<root shall be immediately rescinded and Contractor nbul| have no further right to such 0uodn" and any C[)B(3 Funds already paid to Contractor must be repaid to City within 30 days of the termination. |V.3 No Funds Disbursed while in Breach. Contractor understands and agrees that no CD8G Funds will be paid to Contractor until all defaults are cured to the satisfaction of City. |0/4 No Compensation After Date of Termination. In the event of tcnnioahon" Contractor sbu|| not receive any compensation for work undertaken after the date of the termination, \O.5 Rights of City Not Affected. Tnnninndon sbuU not affect or terminate any of the existing rights of City against Contruotor, or which may thereafter accrue because of such default. Such te,nniou600 does not Uenniva\c any applicable provisions of this Contract that have been expressly noted as surviving the terrn or termination of the Contract. 10.6 Waiver of Breach Not Waiver of Subsequent Breach. The waiver ofa breach of any term, covenant, or condition of this Contract shall not operate as a waiver of any subsequent breach of the same or any other term, covenant or condition hereof. ]0.7 Civil, Criminal and Administrative Penalties. Failure to perform all the Contract terms may result in civil, udroina| or administrative penalties, inc|uding, but not limited Lo those set out in this Contract. ]O.8 Termination for Cause. City may terminate this [oobuot in the event of Contractor's default, inability, or failure to perform, m otherwise whenever such termination is determined by City N be in City's best interest. Likewise, Contractor may terminate this Contract if City does not provide the CDBG Funds substantially in accordance with this Contract. |O'9 Termination for Convenience. In terminating in accordance with 24 C.F.R. 85.44 this Cooboo1 may he tcnoiouted io whole or in part only as follows: CDBGSOBREClP7ENTCONTRACT Rev 09/01/2011 Camp Fire USA First Texas Council 10.9.1 Bv City with the consent of Contractor iu which case the Parties shall agree upon the \enniuuAioo conditions, including the effective date and in the case of partial termination, the portion to be terminated, or 10.9.2 By the Contractor upon v/dttou notification to City, setting forth the reasons for such termination, the effective date, and in the omsc of partial tcnnioudoo, the portion to be terminated. However, if, in the case of partial termination, City dctnooiuea that the remaining portion of the Contract to be pecfonued or CI)B(] Funds 10 be spent will not accomplish the purposes for which the Contract was made, City may terminate the Contract in its entirety. l0.]0 Dissolution of Contractor Terminates Contract. In the cvcoL Contractor is dissolved or ocnuts to exist, all assets acquired with CT)BG Funds including cash, interest payments from loans orotherwise, all outstanding notes, mortgages or other security instruments used to secure CI)E\G Funds, any accounts receivable attributable to the use o[CI)BG Funds, and any real or personal property owned by Contractor that was acquired or improved with CI]BG Funds ubo|| uu1uooutiuuUy transfer to City and this Contract shall terminate. lI, REPAYMENT OF CDBG FUNDS. All [I)BG Funds are subject to repayment in the event the Program does not nncoi the requirements as set out in this Contract or in the CDBG Regulations. 12^ CHANGE IN NON-PROFIT STATUS. If the non-profit status of Contractor changes after the date of this Contract, City may but is not obligated \o, teoninute this Contract. Contractor roust provide City with vvdKeo uodfioudou of any changes to its non-profit s\uh/s vvdbio 15 days of being notified of the change. City has 30 days to nuukc such determination after receipt of notice from Contractor and failure to nuuko such dctnonioudou will constitute u waiver. In the event oftermination under this Section 12, all CI)B0 Funds awarded but unpaid to Contractor pursuant to this Contract shall be immediately rescinded and Contractor shall have no further right k) such funds, and anyCI}BG Funds already paid to Contractor must bn repaid <o City within 30 days of the termination. 13. Any provision of this Contract that pertains to auditing, monitoring, client income eligibility, record keeping and reports, City ordinances, or uonllcob|e CI}BG requirements, and any default and enforcement provisions uooeosucy to enforce such provisions, xbaU survive the termination of this Contract for five (5) years after the termination date and ubuU be enforceable by City against Contractor. 14. GENERAL PROVISIONS 14.1 Independent Contractor. CDBG8UBKE(]plENTCONTRACT 12 Rev 09/01/2011 Camp Fire USA First Texas Council Contractor ohuU operate hereunder as an independent onubaok)r and not as an officer, ugenL servant or employee of City. Contractor shall have exclusive control of and the exclusive right to control, the details of the work and services performed hereunder, and all persons performing sunuo, and obul] be solely responsible for the acts and omissions of its officers, members, agents, servants, employees, contractors, clients, licensees or invitees. 14.2 Doctrine of Respondeat Superior. The doctrine of remVondout superior shall not apply as between City and Contractor, its officers, noernhurs, agents, servants, employees, noo1ruck>cs, clients, licensees or invitees, and nothing herein sbu)| be construed as cncuhog a partnership or joint enterprise between City and Contractor. City does not have the legal right to control the details ofthe tasks performed hereunder by Contractor, its officers, notcubors, agents, employees, contractors, licensees orinvitees. 14.3 Contractor Property. City shall under oocircumstances be responsible for any property belonging to Contractor, its officers, members, agents, cnnpkovce», contractors, clients, licensees cv invitees that may be lost, stolen nr destroyed orinany way damaged and CONTRACTOR HEREBY INDEMNIFIES AND HOLDS HARMLESS CITY AND ITS OFFICERS, AGENTS, AND EMPLOYEES FROM ANY AND ALL CLAIMS OR SUITS PERTAINING TO OR CONNECTED WITH SUCH PROPERTY' 14.4 No portion of the CI}B(] Funds shall be used in support of any scubniun or religious activity. In addition, (bcrc must be no religious or membership od1eiu for clients of a CDBG-funded service. 14.5 Audit. 14.5.1 Entities that Expend $500,000 or more in Federal Funds Per Year. All non-federal oodiica that expend $500.000 or more in Federal funds within one year, regardless o[the source of the Federal award, must submit to City an uonuu| audit prepared in accordance with specific n:ferouoc to ()M8 Circular A-}33. The audit shall cover the Contractor's fiscal years during which this Contract inioforce. 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 he submitted to City within 30 days nf its oonup|c1inu. Contractor's audit certification is uLtoubCd borotn as Exhibit ^^C^^ — "Audit Certification Form" and "Audit Reguirenmeutm°. The Audit Certification Form must be submitted to City within 60 days of the end of period being audited (Contractor's fiscal year). Entities that expend less than $500,000o year in Federal funds are exempt from Federal audit requirements for that year, but records must be available for review or audit by appropriate ntOciu|x of the Federal agency, City, and (3nucna\ Accounting [)Dluc. 14.5.2 City Reserves the Ripht to Audit. CDgGSDB0ECPlBNTCONTRACT 13 Rev 00/ 1/2011 Camp Fire USA First Texas Council City reserves the right to perform an audit of Contractor's Program operations and finances at any time during the term of this Contract and for five (5) years after the termination thereof. Contractor agrees to allow access to all pertinent materials as described herein. If such audit reveals a questioned practice or expenditure, such questions must be resolved within 15 business days after notice to Contractor of such questioned practice or expenditure. If questions are not resolved within this period, City reserves the right to withhold further funding under this and/or future contract(s) with Contractor. IF AS A RESULT OF ANY AUDIT IT IS DETERMINED THAT CONTRACTOR HAS FALSIFIED ANY DOCUMENTATION OR MISUSED, MISAPPLIED OR MISAPPROPRIATED CDBG FUNDS OR SPENT CDBG FUNDS ON ANY INELIGIBLE ACTIVITIES, CONTRACTOR AGREES TO REIMBURSE CITY THE AMOUNT OF SUCH MONIES PLUS THE AMOUNT OF ANY SANCTIONS, PENALTY OR OTHER CHARGE LEVIED AGAINST CITY BY BUD BECAUSE OF SUCH ACTIONS. 14.6 Venue. Venue for any action, whether real or asserted, at law or in equity, arising out of the execution, performance, attempted performance or non-performance of this Contract, shall lie in Tarrant County, Texas. 14.7 GoverninV, Law. In any questions involving state law, for any action, whether real or asserted, at law or in equity, arising out of the execution, performance or non-performance of this Contract, in any issue not governed by federal law, the choice of law shall be the law from 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 Agreement Entire Contract. This written instrument and the Addendums, Attachments, and Exhibits attached hereto, which are incorporated by reference and made a part of this Contract for all purposes, constitute the entire agreement by the Parties hereto concerning the work and services to be performed under this Contract. Any prior or contemporaneous oral or written agreement, which purports to vary the terms of this Contract, shall be void. Any amendments to the terms of` this Contract must be in writing and must be executed by each Party to this Contract. 14.10. Paragraph Headings for Reference Only, No Legal Significance. 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. CDBG SUBRECIPIENT CONTRACT 14 Rev 09/01/2011 Camp Fire USA First Texas Council 14.11 Compliance With All Applicable Laws and Regulations. By signing this Contract, Contractor certifies that it complies with all applicable laws and regulations that are currently in effect or that are hereafter amended during the performance of this Contract. Those laws include, but are not limited to: ➢ CDBG Regulations found in 24 CFR Part 570. )'o 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 el seq.) including provisions requiring recipients of federal assistance to ensure meaningful access by person of limited English proficiency ➢ The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. Sections 3601 el seq.) ➢ Executive Orders 11063, 11246 as amended by 11375 and 12086 and as supplemented by Department of Labor regulations 41 CFR, Part 60 ➢ The Age Discrimination in Employment Act of 1967 ➢ The Age Discrimination Act of 1975 (42 U.S.C. Sections 6101 el seq.) ➢ The Uniform Relocation Assistance and Real Property Acquisition Micies Act of 1970 (42 U.S.C. Sections 4601 et seq. and 49 CFR Part 24) ("URA") ➢ Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. Sections 794 el seq.) and 24 CFR Part 8 where applicable ➢ National Environmental Policy Act of 1969, as amended, 42 U.S.C. sections 4321 et seq. ("NEPA") and the related authorities listed in 24 CFR Part 58. ➢ The Clean Air Act, as amended, (42 U.S.C. Sections 1251 el seq.) and the Clean Water Act of 1977, as amended (33 U.S.C. Sections 1251 el seq.) and the related Executive Order 11738. In no event shall any amount of the assistance provided tinder this Contract be utilized with respect to a facility that has given rise to a conviction under the Clean Air Act or the Clean Water Act. ➢ Immigration Reform and Control Act of 1986 (8 U.S.C. Sections 1 101 el seq.) specifically including the provisions requiring employer verifications of�legal status of its employees ➢ The Americans with Disabilities Act of 1990 (42 U.S.C. Sections 12101 el seq.), the Architectural Barriers Act of 1968 as amended (42 U.S.C. sections 4151 et seq.) and the Uniform Federal Accessibility Standards, 24 CFR Part 40, Appendix A ➢ Regulations at 24 CFR Part 87 related to lobbying, including the requirement that certifications and disclosures be obtained from all covered persons ➢ Drug Free Workplace Act of 1988 (41 U.S.C. Sections 701 el seq.) and 24 CFR Part 23, Subpart F ➢ Executive Order 12549 and 24 CFR Part 5.105(c) pertaining to restrictions on participation by ineligible, debarred or suspended persons or entities ➢ Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act ➢ Guidelines of the Environmental Protection Agency at 40 CFR Part 247 ➢ For contracts and subgrants for construction or repair, Copeland "Anti- Kickback" act (18 U.S.C. 874) as supplemented in 29 CFR Part 5 CDBG SUBRECIPIENT CONTRACT 15 Rev 09/01/2011 Camp Fire USA First Texas Council ➢ For construction contracts awarded by Contractor in excess of $2,000, and in excess of $2,500 for other contracts which involve the employment of mechanics or laborers, Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327A 300) as supplemented by 29 CFR Pail 5 ➢ Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et seq.), as amended by the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851 el seq.) and implementing regulations at 24 CFR Part 35, subparts A, B, M, and R ➢ Uniform Administration Requirements of 24 CFR Part 85 Requirement that Law Be Quoted in Covered Contracts. — Certain Requirements Pertaining to Section 3 of thLHousin&and Urban Development Act of 1968 as amended (12 U.S.C. Sections 1701 ei seg.) and its related regulations at 24 CFR Part 135 If the work performed under this Contract is on a program assisted under a program providing direct Federal financial assistance from HUD, Section 3 of 24 CFR 135.38 ("Section 3") requires that the following clause, shown in italics, be inserted in all covered contracts ("Section 3 Clause"): Section to be quoted in covered contracts begins: "A. The work to be performed under this contract is subject to the requirements of Section 3 of Housing and Urban Development Act of 1968, as amended, 12 U.S.C. section 1701 (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assisted or HUD- assisted programs covered by Section 3, shall to the greatest extent feasible, be directed to low- and very-low income persons, particularly persons who are recipients of HUD assistance for housing. B. The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. C. The contractor agrees to send to each labor organization or representative of workers with which it has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representatives of the contractor's commitments under this Section 3 clause and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprentice and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The contractor agrees that it will include this Section 3 clause in CDBG SUBRECIPIENT CONTRACT 16 Rev 09/01/2011 Camp Fire USA First Texas Council every subcontract to comply with regulation in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The contractor will not subcontract with any subcontractor where it has notice or knowledge that the subcontractor has been found in violation of regulations in 24 CFR 135, E. The contractor will certify that any vacant employment positions, including training positions that are filed: (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR Part 135. The contractor will not subcontract with any subcontractor where it has notice or knowledge that the subcontractor has been found in violation of regulations in 24 CFR 135, F. Noncompliance with HUD's regulation in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. G. With respect to work performed in connection with Section 3 covered Indian housing assistance, section 7(b) of the Indian Self- Determination and Education Assistance Act (25 U.S.C. section 450e) also applies to the work to be performed under this Contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises, Parties to this contract that are subject to the provisions of Section 3 and Section 79b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with Section 7(b). Section to be quoted in covered contracts ends. City and Contractor understand and agree that, if applicable to the Program, compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of.H(JD shall be a condition of the Federal financial assistance provided to the Program binding upon City and Contractor, and their respective successors, assigns and the contractors. Failure to fulfill these requirements shall subject Contractor and its contractors and their respective successors and assigns to those sanctions specified by the grant agreement through which Federal assistance is provided and to such sanctions as are specified by 24 CFR Part 135. 14.12 Prohibition Against Discrimination. 14.12.1 General Statement. Contractor, in the execution, performance or attempted performance of this Contract, shall comply with all non-discrimination requirements of 24 CFR 570.607 and the ordinances codified at Chapter 17, Article 111, Division 4 — Fair Housing of the City Code . Contractor may not discriminate against any person because of race, color, sex, gender, religion, national origin, familial status, disability or perceived disability, sexual CDBG SUBRECIPIENT CONTRACT 17 Rev 0 9/0 1/20 1 1 Camp Fire USA First Texas Council orientation, gender identity, gender expression, or transgender, nor will Contractor permit its officers, members, agents, employees, or clients to engage in such discrimination. l4]2'2 No Discrimination in Employment durinp, the Performance of this Contract. During the performance of this Cno1oac\ Contractor agrees to the following provision, and will require that its contractors and subcontractors also comply with such provision by including itin all contracts with its contractors: Comp Fin: lJ3/\ First Texas Council will not uo|uvvfuUy discriminate against any employee or applicants for employment because of race, color, sex` gender, religion, ou1ionu| origin, buni|ia) status, disability or perceived disability, sexual orientation, gender identity, gender expression orbuusgnoder Camp Fire USA First Texas Council will tobo u[Onou1ivc uoiinn to toounc that applicants are hired vviLbou1 regard to race, color, sex' gender, religion, onbouu| origin, familial status, disability or perceived disability, susuu] orientation, gender identity, gender expression VvUnnsgcndcrand that ocup|Oyccs are treated fairly during cnop|oyzocot without regard to their race, color, sex" gender, religion, ou1ionu| odgiu, faooUiu| status, disability or perceived disability, sexual orientation, gender identity, gender expression orkonsgendcr. Such action shall include, but not be limited to, the following: cmp|oynuzoL upgrading, dconodoo or transfer, recruitment or recruitment advertising, layoff ortermination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Camp Fire {]8A First Texas Council agrees to post in conspicuous places, available to uozpkovces and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. Camp Fire USA First Texas Council will, jn all solicitations o/ advertisements for employees placed by or on behalf ofCamp Fire USA First Texas Council ` state that all qualified applicants will receive consideration for employment without regard to race, o0loo, sox, gender, religion, national origin, familial status, disability Or perceived disability, sexual orientation, gender identity, gender expression or transgender. Comp Fire OS/\ First Texas Council covenants that neither it nor any of its officers, members, ugoo1u, employees, or contractors, `mbi|e engaged in performing this Contract, shall, in 000ncoti0o with the employment, advancement or discharge of employees or in connection with the terms, conditions or privileges of their employment, discriminate against persons hcouusc of their age or because of any disability or perceived disability, except on the basis of o bona fide occupational QooUfioudon, retirement plan or statutory requirement. Camp Fire lJDA First Texas Council further oovcuuotx that neither it nor its officers, members, agents, employees, contractors, or persons acting on their behalf, shall specify, in solicitations or udvcctiscnneo1x for employees to work on this Contract, o cnaxirounu age limit for such crop|nynucnt uo\oas the specified ,ousinnurn age Ucod is based upon u bona fide occupational qualification, retirement plan or statutory requirement. CDBOSUBRE(]P]5NTCONTRACT 18 Rev 09/01/2011 Camp Fire USA First Texas Council 14.12.3 Contractor's Contractors and ADA. In accordance with the provisions of the Americans With Disabilities Act of 1990 ("ADA"), Contractor warrants that it and any of its contractors will not unlawfully discriminate on the basis of disability in the provision of services to the general public, nor in the availability, terms and/or conditions of employment for applicants for employment with, or employees of Contractor or any of its contractors. CONTRACTOR WARRANTS IT WILL FULLY COMPLY WITH ADA'S PROVISIONS AND ANY OTHER APPLICABLE FEDERAL, STATE AND LOCAL LAWS CONCERNING DISABILITY AND WILL DEFEND, INDEMNIFY AND HOLD CITY HARMLESS AGAINST ANY CLAIMS OR ALLEGATIONS ASSERTED BY THIRD PARTIES OR CONTRACTORS AGAINST CITY ARISING OUT OF CONTRACTOR'S AND/OR ITS CONTRACTORS', AGENTS' OR EMPLOYEES' ALLEGED FAILURE TO COMPLY WITH THE ABOVE- REFERENCED LAWS CONCERNING DISABILITY DISCRIMINATION IN THE PERFORMANCE OF THIS CONTRACT. This Contract is made and entered into with reference specifically to the ordinances codified at Chapter 17, Article 111, Division 3 -Employment Practices of the City Code, and Contractor hereby covenants and agrees that Contractor, its officers, members, agents, employees and contractors, have fully complied with all provisions of same and that no employee, applicant or client has been discriminated against under the terms of such ordinances by either or its officers, members, agents, employees or contractors. 14.13. Prohibition Against Interest / Conflict of Interest. 14.13.1 Contractor shall establish safeguards to prohibit its employees, board members, advisors and agents from using positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business or other ties. Contractor shall disclose to City any conflict of interest or potential conflict of interest described above, immediately upon discovery of such. 14,13.2 No persons who are employees, agents, consultants, officers or elected officials or appointed officials of City or of Contractor who exercise or have exercised any functions or responsibilities with respect to activities assisted with CDBG funds or who are in a position to participate in a decision-making process or gain inside information with regard to these activities may utilize CDBG services, may obtain a financial interest or benefit from a CDBG-assisted activity, or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties, during their tenure or for I year thereafter, unless they are accepted in accordance with the procedures set forth at 24 CFR 570.611. 14.13.3 Contractor affirms that it will adhere to the provisions of the Texas Penal Code which prohibits bribery and gifts to public servants. 14.13.4. In the procurement of property and services by Contractor, CDBG SUBRECIPIENT CONTRACT 19 Rev 09/01/2011 Camp Fire USA First Texas Council the conflict of interest provisions of 24 CFR Pad 85.36 and 24 [fR Part 84/42, respectively, shall apply. ]n all cases not governed by those sections, the provisions of24 CFR 570.611 of the CDBG Regulations shall apply. 14.13.5 For procurement contracts larger than $25,O0O.00 Contractor agrees to abide hv City's policy 0uinvolve Minority and Women Business Enterprises and toprovide them equal opportunity to compete for contracts for construction, provision of professional services, punohuxr of equipment and supplies and provision of other services required by City. Contractor agrees to incorporate City Ordinance No. 15530, and all nnneodoocn\x or successor policies thereto, into all uoohunts and subcontracts for procurement larger than $25'000.00 and will further require all persons or entities with whom it ao contracts to comply with said ordinance. 14.16 Other Laws. The failure to list any federal, state orCity ord\oauuo` )av/ or regulation that is applicable to Contractor does not excuse or relieve Contractor from the requirements or responsibilities in regard to following the law, nor from the consequences or penalties for Contractor's failure to follow the law, if applicable. 14.17 Contractor shall not assign all or any part ofits rights, privileges, or duties under this Contract without the prior *«itten approval of City. Any attempted assignment of same without approval shall be void, and shall constitute a breach of this Contract. |4]8. Right to Inspect Contractor Contracts. It is agreed that City has the right to inspect and approve in `vrdio& any proposed contracts botv/ecu Contractor and any contractor engaged in any activity in conjunction with this CDBG funded Program. }4.l9 Force Maieure If Contractor boounoeo unable, either in p/bolc or pad, to fulfill its obligations under this Contract due to acts of God, strikes, kxJkou1o` or other industrial disturbances, acts of public enemies, `vurx, blockades, insurrections, riots, epidemics, earthquakes, fin:s' floods, restraints or prohibitions hy any court, board, department, commission or agency of the United States orotany States, civil disturbances, or explosions, or some other reason beyond such Contractor's control (coOtotivn1y, "Force M jcure Event"), the nb|ignboux so affected by such force M 'euvnEvoot will be suspended only during the uoodouunno of such event. Contractor will give City written ooduu of the existence, extent and nature of the Force M jeuzc Event as soon as reasonably possible after the occurrence of the event. Failure to give uodoo will result in the 000duoonoo of the Contractor's obligation regardless of the nz1out of any existing Force M 'eun: Event. Contractor will use commercially reasonable efforts to remedy its inability to yor{bnm as soon uspossible. 15. Indemnification and Release. CONTRACTOR COVENANTS AND AGREES TO INDEMNIFY, HOLD CDBGSDBKEClPlSN?CONTRACT 20 Rev O9/ 1/2811 Camp Fire USA First Texas Council HARMLESS AND DEFEND, AT ITS OWN EXPENSE, CITY AND ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE AND /OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE OR NONPERFORMANCE OF THIS CONTRACT AND /OR THE OPERATIONS, ACTIVITIES AND SERVICES OF THE PROGRAM DESCRIBED HEREIN, WHETHER OR NOT CAUSED IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS OF CITY; AND CONTRACTOR HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY OF CITY AND ITS OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES FOR ANY AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE AND /OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KINDS OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE OR NONPERFORMANCE OF THIS CONTRACT AND /OR THE OPERATIONS, ACTIVITIES AND SERVICES OF THE PROGRAM DESCRIBED HEREIN, WHETHER OR NOT CAUSED IN WHOLE OR IN PART BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS OF CITY. CONTRACTOR LIKEWISE COVENANTS AND AGREES TO AND DOES HEREBY INDEMNIFY AND HOLD HARMLESS CITY FROM AND AGAINST ANY AND ALL INJURY, DAMAGE OR DESTRUCTION OF PROPERTY OF CITY, ARISING OUT OF OR IN CONNECTION WITH ALL ACTS OR OMISSIONS OF CONTRACTOR, ITS OFFICERS, MEMBERS, AGENTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, INVITEES, LICENSEES, OR CLIENTS, OR CAUSED, IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS OF CITY. IT IS THE EXPRESS INTENTION OF THE PARTIES, BOTH CONTRACTOR AND CITY, THAT THE INDEMNITY PROVIDED FOR THIS SECTION INCLUDES INDEMNITY BY CONTRACTOR TO INDEMNIFY AND PROTECT CITY FROM THE CONSEQUENCES OF CITY'S OWN NEGLIGENCE, WHETHER THAT NEGLIGENCE IS ALLEGED TO BE THE SOLE OR CONCURRING CAUSE OF THE INJURY, DAMAGE OR DEATH. CONTRACTOR AGREES TO AND SHALL RELEASE CITY, ITS AGENTS, EMPLOYEES, OFFICERS AND LEGAL REPRESENTATIVES FROM ALL LIABILITY FOR INJURY, DEATH, DAMAGE OR LOSS TO PERSONS OR PROPERTY SUSTAINED IN CONNECTION WITH OR INCIDENTAL TO PERFORMANCE UNDER THIS CONTRACT, EVEN IF THE INJURY, DEATH, DAMAGE OR LOSS IS CAUSED BY CITY'S SOLE OR CONCURRENT CDBG SUBRECIPIENT CONTRACT 21 Rev 09/01/2011 Camp Fire USA First Texas Council NEGLIGENCE' CONTRACTOR SHALL REQUIRE ALL OFITS CONTRACTORS AND SUBCONTRACTORS TO INCLUDE IN THEIR CONTRACTS AND SUBCONTRACTS A RELEASE AND INDEMNITY IN FAVOR OF CITY IN SUBSTANTIALLY THE SAME FORM AS ABOVE. 16. Waiver of Immunity by Contractor. If Contractor, as u charitable nr nonprofit organization, has or claims an immunity or cxenopdno (statutory or otherwise) from and against UubUdy for danougcz or injury, including death, to persons or property, Contractor hereby expressly waives its rights to plead defensively such immunity or exemption as against City. This section sboU not be construed to affect o governmental entity's immunities under constitutional, statutory or common law. 17' Insurance and Bondin2. Contractor will maintain blanket fidelity coverage in the form of insurance or bond in the amount of $42,296.00 to insure against loss from the fraud, theft or dishonesty of any of Contractor's officers ' agents, trustees, directors oremployees. The proceeds of such bond sbu)) be used to n:inoburao City for any and all loss nfC[)]3G Funds occasioned by such noi0000duoL To effectuate such reimbursement, such fidelity coverage sbu|| include rider stating that reimbursement for any loss or |usxos thereunder shall be made directly to City. Contractor shall furnish to City iuu timely manner, but not later than the Effective I)o1e, certificates of insurance as proof that it has secured and paid for policies of commercial insurance as specified herein. If City has not received such certificates by the Effective [)ato` Contractor ubaU be in d«tao[i of the Contract and City nnuy` at its option, terminate the Contract. Such insurance shall cover all insurable risks incident toorin connection with the execution, performance, attempted porfb000noc or nonperformance of this Contract. Contractor xbuU maintain, or require its general contractor to maintain, the fb\(op/iug coverages and limits thereof. Commercial General Liability (CGL) Insurance $500,000 each occurrence Organization $1,000,000 aggregate limit $l,000.000 Each Occurrence $1,000,000 Annual Aggregate Limit Business Automobile Liability Insurance $1,000,000 each accident on a combined single-limit basis, or CDBG SUBRECIPIENT CONTRACT 22 Rev 09/01/2011 Carnp Fire USA First Texas Council $250,000 Property Damage $500,000 Bodily Injury per person per occurrence $2,000,000 Aggregate Insurance policy shall be endorsed to cover "Any Auto" 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 Contractor's business as contracted herein. Workers' Compensation Insurance Part A: Statutory Limits Part B: Employer's Liability $100,000 each accident $100,000 disease -each employee $500,000 disease-policy limit Note: Such insurance shall cover employees performing work on any and all Programs including but not limited to construction, demolition, and rehabilitation. Contractor or its contractors shall maintain coverages, if applicable. In the event the respective contractors do not maintain coverage, Contractor shall maintain the coverage on such contractor, if applicable, for each applicable contract. Additional Requirements Such insurance amounts shall be revised upward at City's reasonable option and no more frequently than once every 12 months, and Contractor shall revise such amounts within thirty (30) days following notice to Contractor of such requirements. Contractor 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. Each insurance policy shall be endorsed to provide City with a minimum sixty (60) days notice of cancellation, non-renewal, and/or material change in policy terms or coverage. Insurance policies required herein shall be endorsed to include City as an additional insured as its interest may appear. Additional insured parties shall include employees, officers, agents, and volunteers of City. The Workers' Compensation Insurance policy shall be endorsed to include a waiver of subrogation, also referred to as a waiver of rights of recovery, in favor of City. Any failure on part of City to request certificate(s) of insurance shall not be construed as a waiver of such requirement or as a waiver of the insurance requirements themselves. Insurers of Contractor's insurance policies shall be licensed to do business in the state of Texas by the Department of Insurance or be otherwise eligible and authorized to do CDBG SUBRECIPIENT CONTRACT 23 Rev 09/01/2011 Camp Fire USA First Texas Council business in the state of Texas. Insurers sbuU be acceptable to City insofar as their financial strength and solvency and each such company shall have a current noininunco A.M. Best Key Rating Guide rating of A: \/Tl or other equivalent insurance industry standard rating otherwise apprOvedbyCitY- Dcduodh)c )boito on insurance policies shall not exceed $5`000 per occurrence unless otherwise approved byCity. In the event there are any loco}, iedn,u| or other regulatory insurance or bonding requirements for the Program, and such requirements exceed those specified herein, the former shall prevail. Contractor shall require its contractors to maintain applicable insurance coverages, limits, and oUnr requirements as those specified herein; and` Contractor obaU require its contractors to provide Contractor with certificate(s) of insurance duounooniiog such coverage. Also, Contractor shall nngni,o its contractors to have City and Contractor endorsed as additional insureds (as their interest may appear) on their rnapcodvc insurance policies. 18. The undersigned representative of Contractor hereby certifies, to the best of his or her knowledge and belief, that: No Federal appropriated funds have been paid or will be paid, bymon behalf of CouhncU)r, to any person for influencing or attempting to influence uu officer or employee o[ any agency, a member of Congress, au officer oremployee of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement and the extension, 000doumdou, nnuevvu}, unocodnueot, or cnodifiouhoo of any Federal contract, grant, loan or cooperative agreement. If any funds other than federally appropriated funds have been paid urwill be paid to any person for influencing orattempting to influence on officer or employee of any agency, nunoober of Congress in oonuccduo with this Federal contract, grunt, loan or cooperative agreement, Contractor shall complete and submit 81uudurd Fonu-l.l.I., ^1J|sdosoro Form to Report Lobbying," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this Contract was oux|e or entered into. Submission of this cmtifiou10 is a prerequisite for ooukjog or entering into this Contract imposed by 31 U.S.C. Section 1352. Any person who fails to file the required certification shall be au6inot to u civil penalty of not less than $l0,O00.0O and not more than $lOO,000.00 for each such failure. CDBGSDBB-ECl}YENTCONTRACT 24 Rev 09/01/2011 Carnp Fire USA First Texas Council Contractor shall require that the language of this certification be included in all subcontracts or agreements involving the expenditure of Federal funds. 19. Litip-ation and Claims Contractor shall give City immediate notice in writing of any action, including any proceeding before an administrative agency, filed against Contractor in conjunction with this Contract or the Program. Contractor shall furnish immediately to City copies of all pertinent papers received by Contractor with respect to such action or claim. Contractor shall provide a notice to City within 10 days upon filing under any bankruptcy or financial insolvency provision of law. 20. Notice. All notices required or permitted by this Contract must be in writing and are deemed delivered on the earlier date of the date actually received or the third day following deposit in a United States Postal Service post office or receptacle; with proper postage, certified mail return receipt requested; and addressed to the other Party at the address set out below or at such other address as the receiving Party designates by proper notice to the sending Party. City: ii-Ki City Attorney's Office 1000 Throckmorton Street Fort Worth, TX 76102 Telephone: 817-392-7600 Copy to: Director of Housing and Economic Development 1000 Throckmorton Street Fort Worth, TX 76102 Telephone: 817-392-7540 Copy to: Program Coordinator 1.000 Throckmorton Street Fort Worth, TX 76102 Telephone: 817-392-6342 Contractor: Ms. Zem Neill, President/CEO Camp Fire USA First Texas Council 2700 Meacham Boulevard Fort Worth, TX 76137-4699 Telephone: 817-831-2111 21. Contractor Has Legal Authority to Enter Into Contract. Contractor represents that it possesses the legal authority, pursuant to any proper, appropriate and official motion, resolution or action passed or taken, to enter into this CDBG SUBR-ECIPIENT CONTRACT 25 Rev 09/01/2011 Camp Fire USA First Texas Council Contract and to perform the responsibilities herein required. [SIGNATURES APPEAR ON NEXT PAGE] CDBG SUBRECIPIENT CONTRACT 26 Rev 09/01/2011 Camp Fire USA First Texas Council IN WITNESS WHEREOF, the Parties hereto have executed three copies of this Contract in Fort Worth, Tarrant County, Texas, this day of _O_C± ?> 2011. ATTEST: City SecretAy M&C: C-25066 Date: August 2, 2011 CITY OF FORT WORTH By: Su. an �anis, Assistant City Manager APPROVED AS TO FO M AND LEGALITY: x– "'e a, t2 ' Assistant City Attorney CAMP FIRE USA FIRST TEXAS COUNCIL By: Ms. Zem Neill President/CEO STATE OF 'TEXAS COUNTY OF TARRANT 000� PAS This instrument was acknowledged before me on )4 z I. , 2011 by Susan Alanis, Assistant City Manager of the City of Fort Worth, on behalf the City of Fort Woi PA" HhVf� fj PA L t" i MY Notaryk4bllic, State of Texas STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on Zem Neill, President/CEO of Camp corporation, on be ha f, poratio `Q •�a�RY•p��a "" � ; P, o� by Ms. Firs—t i�xas Council, a non-profit LA qotary Public, State of T 0Fr-jC'1AL, REM" CI-Ty SF .CitETARY FT, V400141 TX CDBG SUBRECIPIENT CONTRACT 27 Rev 09/01/2011 Camp Fire USA First Texas Council Camp Fire USA First Texas Council Step-Up School Completion EXHIBIT A PROGRAM SUMMARY PROGRAM SUMMARY Community Development Block Grant (CDBG) October 1, 2011 to September 30, 2012 $42,296.00 PERIOD AMOUNT PROGRAM SUMMARY Service will work with students to address truancy issues, negative behavior, poor grades and test scores. CDBG funds will be used to pay a portion of staffing and indirect costs associated with the program. Services will be available at Northside High School located at 2210 McKinley, Fort Worth, TX 76164 and Diamond Hill-Jarvis High School located at 1411 Maydell Street, Fort Worth, TX 76106 throughout the school day Monday through Friday and some Saturdays at 2001 E. Loraine St, Fort Worth, TX 76106. REGULATORY CLASSIFICATION: IDIS Matrix Code(s) and Service Category: 05D Youth Services National Objective Citation: 570.208(a)(2) Regulatory Citation(s): 24 CFR 570.201(e) Based on the nature of the service provided, Camp Fire USA First Texas Council will maintain documentation that verifies that 51% of clients served by the Step-Up School Completion Program are income eligible with current household incomes under 80% of Area Median Income (AMI) as established or defined by the United States Department of Housing and Urban Development (HUD). GEOGRAPHICAL LOCATION: Site Address: 2210 McKinley, Fort Worth, TX 1411 Maydell St, Fort Worth, TX 2001 E. Loraine St, Fort Worth, TX Client Beneficiary Location (Neighborhood Name, Council District Number, or Citywide): 2 CDBG SUBRECIPIENT CONTRACT 28 Rev 09/01/2011 Camp Fire USA First Texas Council PROGRAM GOALS: Program will address truancy, negative behavior, and school performance issues for 65 clients. PROGRAM OBJECTIVES:. Improve the student's future potential by improving performance in school. . ...... .. . qvg Unduplicated Clients 77i F7, Y W I fN1 . ... . . I I �,A /1""21 M A 7 WE -V "N., MIK 65 Hours of instruction 2688 CDBG SUBRECIPIENT CONTRACT' 29 Rev 09/01 /201 1 Camp Fire USA First Texas Council EXHIBIT B - BUDGET FUNDING B, UNITED WAY DESIGNATIONS FUNDING C FUNDING D� CAMP FIRE USA FIRST TEXAS COUNCIL STEP-UP SCHOOL COMPLETION SALARY DETAIL Position Rate Annual Hours Percent to Grant (Annual Estimated) Amount to Grant Teen Services Program Director $15.00 2080 83% $28,600 Group Services Programs Administrator $15.00 2080 10% $3,120 Program Specialist $12.00 2080 21% $2,600 Camp Fire USA First Texas Council Step -Up School Completion FRINGE DETAIL SUPPLIES AND SERVICES Percent of Payroll Amount Percent to Grant Annual Estimated Amount to Grant FICA/Medicare 10.92638% $3,750 100% $3,750 Life Insurance Postage 31 1 100 Health Insurance 3.869% $1,328 100% $1,328 Disability Insurance Facility Fees Unemployment Field Trip Costs Workers Compensation Food Supplies 300 100 Retirement 3.167% $I,087 100% $1,087 SUPPLIES AND SERVICES MISCELLANEOUS Total Budget Percent to Grant Annual Estimated Amount to Grant Office Supplies Office Equipment Rental Postage 31 1 100 311 Printing 600 100 600 MISCELLANEOUS FACILITY AND UTILITIES Total Budget Percent to Grant Annual Estimated Amount to Grant Conference & Seminars Construction/Building Materials Contract Labor 31 1 100 311 Craft Supplies 600 100 600 Credit Reports Facility Fees Field Trip Costs Food Supplies 300 100 300 Mileage 600 $0.5 Umile 100 600 Teaching Aids LEGAL FINANCIAL AND INSURANCE FACILITY AND UTILITIES Total Budget Percent to Grant Annual Estimated Amount to Grant Telephone Electric Gas Water and Wastewater Solid Waste Disposal Rent Custodial Services Repairs Cleaning Supplies LEGAL FINANCIAL AND INSURANCE Total Budget Percent to Grant Annual Estimated Amount to Grant Fidelity Bond or Equivalent) General Commercial Liability Directors and Officers Legal Fees Contract Accounting DIRECT ASSJSTANCE OR PER UNIT RATE CHARGES CAPITAL OUTLAY Total Budget Basis Percent to Grant Amount to Grant (Annual Estimated) Grant Childcare 100 Scholarships Estimated) Counseling 100 - Individual Session Counseling 100 — Group Session Short-Term 100 Rent Assistance Short Term 100 Mortgage Assistance Short Term 100 Utilities Assistance Tenant 100 Based Rental Assistance Volunteer 100 Training CAPITAL OUTLAY Total Budget Description Percent to Amount to Grant Grant (Annual Estimated) Furniture, Fixtures Computers Office Equipment Sport and Recreation Equipment EXHIBIT C — AUDIT CERTIFICATION FORM AND AUDIT REQUIREMENTS Agency: Fiscal Year Ending: ❑ During the fiscal year in which funds will be received, we will exceed the federal expenditure threshold of $500,000. We will have our Single Audit or Program Specific Audit completed and will submit the A-133 audit report within seven (7) months after the end of the audited fiscal year or thirty (30) days within its completion, whichever is the earlier date. F7During the fiscal year in which funds will be received, we will not exceed the $500,000 federal expenditure threshold required for a Single Audit or a Program Specific Audit to be performed this fiscal year. (Fill out schedule below) Signatory and Title Date Failure to subrnit this or a similar statement or failure to submit a completed single audit package as described in the federally required audit requirements described in OMB Circulars A-133 by the required due date may result in suspension of funding and ma y affect eligibility for future funding. Notwithstanding the above, this certification acknowledges the agency's commitment to meet all other financial reporting, financial statements, and other audit requirements as may be set forth in the Contract. i polmni i.. � �i ��`��,, Total Federal Expenditures for this Fiscal Year: Signatory and Title Date Failure to subrnit this or a similar statement or failure to submit a completed single audit package as described in the federally required audit requirements described in OMB Circulars A-133 by the required due date may result in suspension of funding and ma y affect eligibility for future funding. Notwithstanding the above, this certification acknowledges the agency's commitment to meet all other financial reporting, financial statements, and other audit requirements as may be set forth in the Contract. 0 • 312 1 EXHIBIT C — AUDIT CERTIFICATION FORM AND AUDIT REQUIREMENTS Agency: Fiscal Year Ending: 1 []During the fiscal year in which funds will be received, we will exceed the federal expenditure threshold of $500,000. We will have our Single Audit or Program Specific Audit completed and will submit the A -133 audit report within seven (7) months after the end of the audited fiscal year or thirty (30) days within its completion, whichever is the earlier date. ❑ During the fiscal year in which funds will be received, we will not exceed the $500.000 federal expenditure threshold required for a Single Audit or a Program Specific Audit to be performed this fiscal year. (Fill out schedule below) e�Y 7r k d�� e /', ay14.. N �, �,( ',��n tX rA Total Federal Expenditures for this Fiscal Year. -k ya, t ir40: I G a D Signatory and Title l� aZ ^ J-t— Date Failure to submit this or a similar statement or failure to submit a completed single audit package its described in the federally required audit requirements described in OMB Circulars A -133 by the required due date. may result in suspension of funding and ma y affect eligibility for future funding. Notwithstanding the above, this certification acknowledges the agency's commitment to meet all other financial reporting, financial statements, and other audit requirements as may be set forth in the Contract. D711 P' /� EXHIBIT D - REPORTING FORMS INVOICE Agency: Address: City, State, Zip, Program: Period of Service: . . 4 . .... ..... . ffol ON /M f� Contractor's Certification: I certify that the costs incurred are valid and consistent with the terms and conditions of the contract between City and Agency. By signing this invoice, I certify that to the best of my knowledge and belief the data included in this report is true and accurate. It is acknowledged that the provision of false information could leave the certifying official subject to the penalties of federal, state, and local law. Signature and Date: Name: Title: Attachment It City of Fort Worth Housing and Economic Development Department Expenditure W.,k.h-I Agency Program: Attachment '.q— MQ'ml no It low FICA 1002 Life ffia.-- 1003 Health In.—n- 1004 i� 2 1005 "bi"! 1 1006 Le al 1, Acc.tmlig 1007 ........ ..... ........... Salaries N " 24)CSt FICA 2002 Life Insurance 2003 Health Insurance 2004 Un—e 0)E— 2005 Worker's mp e n a a t0 h 2006 Rwc..-V Off... Supplies 2007 3001 � Office E ui me-m-Renial 3002 Postage 3003 Peinlnn, Conlerence & Sernmata J004 W, 4001 ding Materials 4002 1.11.Materials 4003 Craft Su lies 4004 4005 Fa., Fees 4006 Field Trip Costs 4007 1 Food Supplies 4008 Mileage 4009 T ... hmg Alds WEEMEMM Tate hone 4010 5001 UM Electric $002 Gas $003 Wafer and W.M.—te, 5004 Solid Waste Disposal 5005 Rent 5006 Custodial Services 5007 Re airs 5008 5009 Fidelity Bond of Equivalent Directors and Officers 6002 General Commercial Liability 6003 LegalFees 6004 C-Ow Accounth ps 608 6 7001 C,un - Individual ea—, j G .. Sessions 7003 Short-term Rent Assistance 7004 Sharma— Mortgage Assistance Short-le— Ulififies Assistance --70-05 7006 Tenant Based Rental Menu-- 7007 Furniture, Fixtures 7008 8001 Comput- Office Equipment 8003 Sport and Recreation Equipment 8004 'Payroll must Identify employee. Rent must Identify tenant. Other payments should identify Individuals, it applicable. EXHIBIT E - INCOME SELF-CERTIFICATION FORMS Applicant Name: Current Address: CERTIFICATION OF INCOME STATEMENT ne 4: Household Members and Income (i eluding app icant) Last Name First Name Age Monthly Source Income "PERSONAL INFORMATION: (Check one in each item. Optional Information for Federal Reporting Purposes) a. ❑ MALE b, ❑ WHITE ❑ BLACK/AFRICAN AMERICAN ❑ BLACKJAFRICAN AMERICAN & WI-TITE ❑ FEMALE ❑ AMERICAN INDIAN/ALASKAN NATIVE ❑ ASIAN ❑ AMERICAN INDIAN/ALASKAN NATIVE & WHITE ❑ ASIAN & WHITE ❑ NATIVE HAWAIIAN/OTHER PACIFIC ISLANDER ❑ BALANCE /OTHER ❑ AMERICAN INDIAN /ALASKAN NATIVE & BLACK/AFRICAN AMERICAN c. ETHNICITY d. DISABLED e. IS CLIENT WOMEN HEAD OF HOUSEHOLD ❑ HISPANIC ❑ YES ❑ YES ❑ NON-HISPANIC 7NO [_1 NO * TOTAL NUMBER OF FAMILY MEMBERS (include Yourself, Spouse, Children, etc.) Total Anticipated Annual Household Income: Certification: I certify that the information I am providing is true and could be subject to verification at any time by a third party. I also acknowledge that the provision of false information could leave me subject to the penalties of Federal, State and local law. Signature of Applicant Date WARNING: TITLE 18, SECTION 1001 OF THE U.S. CODE STATES THAT A PERSON IS GUILTY OF A FELONY FOR KNOWINGLY AND WILLINGLY MAKING FALSE OR FRAUDULENT STATEMENTS TO ANY DEPARTMENT OF THE UNITED STATES GOVERNMENT. For use by funding agency: -Household Size: Annual Income: Income Limit: Is Applicant Eligible: Person Making Determination: e: CERTIFICACION DE DECLARACION DE INGRESOS Nombre del Solicitante: Direcci6n de Actualidad: Tel6fono: Miembros Del Hogar e Ingresos (me] it el/la solicitante) Apellido Nombre Had Ingreso Fuente de Ingresos Mensual **WOR-MACION PERSONAL: (Seleccione uno en cada articulo. Infon-nacift opcional) a. ❑ MASCULINO b. ❑ BLANCO ❑ NEGRO/AFWCANO AMERICANO ❑ NEGRO/AFRJCANO AMERICANO & BLANCO ❑ FEMTNINO ❑ INDIO AMERJCANOINATIVO DE ALASKA ❑ ASIATICO ❑ INDIO AMERICANOINATIVO DE AI-ASKA & KANCO ❑ ASIATWO & BLANCO ❑ NATIVO HAWAIANO/OTRO DE L,AS)SLAS PACIFICAS ❑ BALANCE/OTRO ❑ INDIO AMERICANO / NATIVO DE ALASKA & NEGRO/AFRICANO AMERICANO c. ETFINICIDAD d. INCAPACITADO e, I,ESEI,SOI-,ICITANTEMt)JERCABACERADEI,HO(,)AR? E:1 HISPANO ❑ SI ❑ SI ❑ NO-IIISPANO ❑ NO ❑ NO * TOTAL NUMERO DE MIEMBROS DE LA FAMILIA Total Anual de Ingresos del hogar par anticipado: (Incluirse usted rnismo, esposo/a, niAos, etc.) Certificaci6n: Yo certifico ]a informacift que yo estoy proporclionado es verdadero y puede ser sujeto a verificaci6n a cualquiera hora por tercera parte. Yo tambi6n reconozco que la provisi6n de informaci6n falsa puede dejarme stijeto a penalidades Federales, Estatales, y a ley local. Firma del Solicitante Fecha ADVERTENCIA: TITUL0 18, SECC16N 1001 DEL CODIGO DE LOS E.U.A. DICE ►UE UNA PERSONA ES CULPABLE DE UN DELITO POR SABER Y VOLUNTARIAMENTE RACER FALSO 0 FRAUDALENTAS DECLARACIONES A (-.UALVU ILK MLYAR I AMLN I U JUL "VVILKINU 1JL LV;!) LJ I AIJVj Para use de fondos de ]a agencia: 4 De Miembros de Familia: Limite de Ingreso: Persona haciendo la determ inaci6n: Ingreso Anual: ZEs solicitante elegible? : Fecha: Exhibit F — 2011 HUD Income Limits 2011 Median Famil Income — Fort Worth /Arlin ton, TX 1 Person 2 Persons 3 Persons 4 Persons 5 Persons 6 Persons 7 Pers( 30% AMI $14,350 $16,400 $18,450 $20,500 $22,150 $23,800 $25,4 50% AMI $23,950 $27,350 $30,750 $34,150 $36,900 $39,650 $42,3 80% AMI $38,300 $43,750 $49,200 $54,650 $59,050 $63,400 $67,8 Client#: 66857 18CAMPFUSA ACORD. CERTIFICATE OF LIABILITY INSURANCE OATD/YYYY) 9/220/200 /2011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does riot confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Wortham Insurance & Risk Mgt PHONE 817 336 -3030 817 336 -8257 A/C, No Ext ; AlC No): 1600 West Seventh Street E -MAIL ADDRESS: Fort Worth, TX 76102 -2505 INSURER(S) AFFORDING COVERAGE NAIC p 817 336 -3030 Texas Mutual Insurance Company 22945 INSURER A : p y INSURED INSURER B: DESCRIBED Camp Fire USA First Texas Council _ -- - — - AND CONDITIONS OF SUCH POLICIES. 2700 Meacham Blvd. INSURER C _.__... __. _ REDUCED BY PAID CLAIMS. INSURER D INSR LTR Fort Worth, TX 76137 -4699 – SUER WVD POLICY NUMBER -- — POLICY EFF L_MM /DD/YYYY INSURER E LIMITS INSURER F GENERAL LIABILITY COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR ADDL TYPE 4F INSURANCE INSR – SUER WVD POLICY NUMBER -- — POLICY EFF L_MM /DD/YYYY POLICY EXP IMM1DD/YYYY�._ LIMITS GENERAL LIABILITY t.;.AC:A-I OCCURRY:'�.NCF;T. $ COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $ CLAIMS -JADE F7 OCCUR MED EXP (Any one person) _... $ _ PERSONAL & ADV INJURY $ GENERAL AGGREGATE 1 GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS . COMP/OP AGO $ $ .. POLICY n JECOT F—] LnC _ ................... AUTOMOB11 F I IABILITY ... COMBINED SINGLE LIMIT Ea acudent BODILY INJURY (Per person) $ ANY AUTO BODILY INJURY (Per accident) $ ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIRED AUTOS AUTOS PROaE TYDAMAGE $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAR CLAIMS -MADE DED RETENTION S $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY y 1 N ANY PROPRIETOR /PARTNERIEXECUTIVE j OFFICERIMEMBER EXCLUDED? � ;N/A (Mandatory in NH) TSF000112413120101 11/22/2010 11/22/2011 WC STATU OTH- XRyLIMT� R E L EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE _ " $500 OOO $500 OOO E.L. DISEASE - POLICY LIMIT $500 000 If yes, describe under DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) City of Fort Worth Attn: Mark Folden 1000 Throckmorton Fort Worth, TX 76102 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988.2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S2563721M 221940 18T LM Client#t: 66857 18CAMPFUSA ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE(MM /DDJYYYY) TYPE OF INSURANCE GENERAL UABILFTY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR 9/20/2011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Wortham Insurance Sr Risk MgtPHONE Arc No EXI 817 336 -3030 A/c, IN ; 817 336 -8257 1600 West Seventh Street E -MAIL Fart Worth, TX 76102 -2505 ADDRESS: s2,000,000 PER GEN'PpGREGATE LIMIT APPLIE S IC J`E'CT LOC AUTOMOBILE LIABILITY ALL OWNED SCHEDULED AUTOS AUTOS IX ANY AUTO HIRED AUTOS )( NON -OWNED AUTOS PRODUCTS - COMP /OP AGG INSURER(S) AFFORDING COVERAGE NAIC q 817 336 -3030 INSURER A: Philadelphia Indemnity Insuranc 18058 INSURED INSURER B PROPERTY DAMAGE Per accident Camp Fire USA First Texas Council - - - wsuRERC. UMBRELLA LIAR EXCESS LIAR 2700 Meacham Blvd. OCCUR Fort Worth, TX 76137 -4699 INSURER D: EACH OCCURRENCE $ INSURER E : HCLAIMS-MADE INSURER F $ COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR A A TYPE OF INSURANCE GENERAL UABILFTY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR ADDLSUBR i,. 'mod POLICY NUMBER PHPK678310 PHPK67831 O POLICY EFF {MM /DO_I,YYVY) 2/04/2011 2/04/2011 POLICY EXP (MM(DDfVYYY 02/04/201 02/04/201 LIMITS $1,000,000 �10 n, $100 000 son) $5,000 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE s2,000,000 PER GEN'PpGREGATE LIMIT APPLIE S IC J`E'CT LOC AUTOMOBILE LIABILITY ALL OWNED SCHEDULED AUTOS AUTOS IX ANY AUTO HIRED AUTOS )( NON -OWNED AUTOS PRODUCTS - COMP /OP AGG s2,000,000 COMBINED SINGLE LIMIT Ea accident $ $1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ UMBRELLA LIAR EXCESS LIAR OCCUR EACH OCCURRENCE $ HCLAIMS-MADE AGGREGATE $ DED RETENTIONS $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER /MEMBER EXCLUDED? ❑ (Mandatory in NH) It yes, describe under DESCRIPTION OF OPERATIONS below N/A TATU UTH- T WC S Y - E.L. EACH ACCIDENT _ $ E.L. DISEASE - EA EMPLOYEE $ E L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) City of Fort Worth Attn: Mark Folden 1000 Throckmorton Fort Worth, TX 76102 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988 -2010 ACORD CORPORATION All rinhta rotor 4 ACORD 25 (2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S256371/M221947 18T LM Client#: 66857 18CAMPFUSA ACORD,. CERTIFICATE OF LIABILITY INSURANCE =DIYYYYI CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, 011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Wortham Insurance & Risk Mgt P 11 "o "E 817 336 -3030 FAX A/c No Ext : A/c, N. I. 817 336 -8257 1600 West Seventh Street E -MAIL Fort Worth, TX 76102 -2505 ADDRESS: EACH OCCURRENCE $ INSURER(S) AFFORDING COVERAGE NAIC Al 817 336 -3030 INSURER A: Travelers Casualty and Surety C 19038 INSURED INSURER B DAMAGE TO RENTED PREMISES IE@ occurrence Camp Fire USA First Texas Council - -_ �..._ ...__.._ __._ — _____._ CLAIMS -MADE OCCUR ) 2700 Meacham Blvd. INSURER C __ _ .... . Fort Worth, TX 76137 -4699 INSURER 0: fAFn EXP (Any one person) $ PERSONAL 8 ADV INJURY $ INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDLSUBR IN�SR WVD., POLICY NUMBER „ POLICY EFF MM /DDlVYYY POLICY EXP MM /DD/YYYY LIMITS _ GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES IE@ occurrence $ CLAIMS -MADE OCCUR ) fAFn EXP (Any one person) $ PERSONAL 8 ADV INJURY $ GENERAL AGGREGATE $,,,,,,, „,,,,,,,,,,,,,,,,,,,,,,,,,,,,, GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP /OP AGG $ POLICY ] PECaT.._.... LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY (Per person) $ ANY AUTO BODILY INJURY (Per accident) $ ALL OWNED SCHEDULED AUTOS AUTOS N HIRED AUTOS AUTOS TOS ED P - PROPERTY DAMAGE Per accident $ $ UMBRELLA LIAR OCCUR -- EACH OCCURRENCE $ _ AGGREGATE $ _ EXCESS LIAB CLAIMS -MADE DED I I RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR /PARTNER/EXECUTIVE OFFICER /MEMBER EXCLUDED? N/A WC STATU OTH- GR.YI,lMJT;a,,,,,,, E.9 - L EL: ACCIDENT ” $ (Mandatory in NH) '" .L. DISEASE EA EMPLOYEE $ -E E.L. DISEASE - POLICY LIMIT 1 $ If yes, describe under DESCRIPTION OF OPERATIONS below A Employee 104959979 9/03/2010 09/03/201 $150,000 Limit Dishonesty $1,500 Deductible DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) See Attached Form #CR17019. ERTIFICATE City of Fort Worth Attn: Mark Folden 1000 Throckmorton Fort Worth, TX 76102 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE C) 1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S256375/M 256374 18TLM ISSUED BY: POLICY NO: ISSUED TO: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY JOINT LOSS PAYABLE ENDORSEMENT This endorsement modifies the following coverage: Crime In consideration of the payment of the premium, it is agreed: I. This endorsement modifies all Insuring Agreements forming part of this Crime Policy unless specified below, and then only to those so indicated: ❑ A. FIDELITY Fj Einp;oXee Theft '71 ERISAFideiity F-1 B. FORGERY OR ALTERATION ❑ C. ON PREMISES ❑ D. IN TRANSIT ❑ E. MONEY ORDERS AND COUNTERFEIT MONEY ❑ 1. COMPUTER CRIME ❑ Computer Fraud ❑ Computer Program and Electronic Data Restoration Expense ❑ G. FUNDS TRANSFER FRAUD F-1 H. PERSONAL ACCOUNTS PROTECTION F-1 I. CLAIM EXPENSE 2. You agree that any loss payable under the Insuring Agreement(s) indicated above and inv6ving Money or Other Property in which the designated Loss Payee has an interest shall be paid jointly to you and to the Loss Payee designated below: CRI-7019 (07-05) (Name of Loss Payee 1) (Address of Loss Payee I) (Name of Loss Payee 2) (Address of Loss Payee 2) (Name of Loss Payee 3) (Address of Loss Payee 3) (Name of Loss Payee 4) SPECIMEN Page I of 3 CR1 -7019 (07 -05) (Address of Loss Payee 4) (Name of Loss Payee 5) (Address of Loss Payee 5) (Name of Loss Payee 6) (Address of Loss Payee 6) (Name of Loss Payee 7) (Address of Loss Payee 7) (Name of Loss Payee 8) (Address of Loss Payee 8) (Name of Loss Payee 9) (Address of Loss Payee 9) (Name of Loss Payee 10) (Address of Loss Payee 10) (Name of Loss Payee 1 1) (Address of Loss Payee 1 1) (Name of Loss Payee 12) (Address of Loss Payee 12) (Name of Loss Payee 13) (Address of Loss Payee 13) SPECIMEN Page 2 of 3 (Name of Loss Payee 14) (Address of Loss Payee 14) (Name of Loss Payee 15) (Address of Loss Payee 15) and any such payment shall constitute payment to you. Wo agree that wewill make all svch payments to you and to /hc Loss Payee, and we will not make any payment solely to you unless we receive a request in writing from the Loss Payee /o make such payment sn|n|y to you, Our liability under the Insuring Agreement(s) indicated above usextended by this endorsement shall not bccumulative. No rights c« benefits are bestowed nn the Loss Payee other than payment of the loss us set forth herein. Nothing herein contained shall bo held /o vary, alter, waive nv extend any oythe terms, conditions, exclusions ur limitations oftkc uhovcmcnboncdCbmoPoUcy,oxoepuoexpress|ysmtedborin.ThiscodoaomomispnnofsuuhChmmPn|iuyund{noorpomud This endorsernent is effective u/ the Inception Date stated in ITEM 2of the Declarations cv effective m }2:0| &M. on . if indicated herein. Complete the following only when this endorsement is nm prepared with the Crime Policy o,is/oho effective ona date other than the Inception Date of the Crime Policy. Accepted by: CRI-7019 (07-05) 0n behalf o[ the entity named io ITEM | of the Authorized Company Representative Includes copyrighted material of the Surety Association of America SPECIMEN Page 3 of 3 M &C Review Page 1 of 5 C', <( ,nIf,tc oft eCo-tdiFoiiWorri i ° F3 FOCITY COUNCIILAGENDA, RTWOR111 4NJf,PdnNdW!PoN1W»pUMfII�N tawwu uioinxp�ub' NtlrvMWIWWOWWM !MfHSA1MWMm5309rvomtiR vwuu �orvrva,wm umoov onmm, tiClWwnuWrtJIN10kWfl¢1MV1wMGb,J MAWW! WqM ,rMUiS%WMUUMIwuroFarv.1C^Ydu lwuwmm'mm'mauwd,fmpmmmmun OmUONW,WW,!W,W'M'ftWWWiB �MIfiOudlW COUNCIL ACTION: Approved on 8/2/2011 - Ordinance No. 19824 -08 -2011 p HrvnA w.wwi itt, �iiMiMiMiNbMONWWII [NWtl#b�'u:w'.MA�oaYMrvtiw'w uwo uwwuu u!w m uem��'uewnma rcMlM mmmMW011110mmmilvfOWM' NJOkPoANIA' m; �i& unnwWw' murvw� ,wmpwuw,w,ww,w,w,w,�,¢umnrcmo mu !WIiIY.O 10�'rv'mmimmmimmmrmmmmmtl DATE: 8/2/2011 REFERENCE C -25066 LOG NAME: 17HUDACTPLAN- NO.: (Revised) REVISED CODE: C TYPE: CONSENT HEARING: YES SUBJECT: Approve City's 2011 -2012 Action Plan for the Use of Program Income Totaling $75,000.00 and Federal Grant Funds Totaling $10,218,616.00 from the United States Department of Housing and Urban Development Under the Community Development Block Grant, HOME Investment Partnerships Program, Emergency Solutions Grant and Housing Opportunities for Persons with AIDS Grant Programs, Authorize Application of Indirect Cost Rates, Authorize Execution of Related Contracts and Interdepartmental Letters of Agreement and Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS) u`- NONWmomoiNmommoov!nul�u va ... mummuu w �m mm iwm���evwnmam��m�x��w �wm r�.ww a,n wu .�—.1 unuuuouuu i RECOMMENDATION: It is recommended that the City Council: 1. Conduct a public hearing to allow citizen input and consideration of the City's 2011 -2012 Action Plan for use of program income totaling $75,000.00 and federal grant funds totaling $10,218,616.00 from the United States Department of Housing and Urban Development under the Community Development Block Grant, HOME Investment Partnerships Program, Emergency Solutions Grant and Housing Opportunities for Persons with AIDS grant programs; 2. Approve the City's 2011 -2012 Action Plan for submission to the United States Department of Housing and Urban Development including allocations of grant funds to particular programs and activities in accordance with the attached listing; 3. Authorize the use of estimated program income totaling $75,000.00 resulting from activities using Community Development Block Grant funds; 4. Authorize the City Manager, or his designee, to execute contracts for a one year term with the agencies listed in Table 1, Table 2, and Table 3 for Program Year 2011 -2012 for Community Development Block Grant, Emergency Solutions Grant and Housing Opportunities for Persons with AIDS grant funds, contingent upon receipt of funding; 5. Authorize the City Manager, or his designee, to extend the contracts for up to one year if an agency requests an extension and such extension is necessary for completion of the program; 6. Authorize the City Manager, or his designee, to amend the contracts, if necessary, to achieve program goals, provided any amendment is within the scope of the program and in compliance with City policies and all applicable laws and regulations governing the use of federal grant funds; 7. Apply indirect cost rates as applicable for the Grants Fund in accordance with the City's Administrative Regulations; 8. Authorize the collection of program income resulting from activities using HOME Investment Partnerships Program funds; and 9. Adopt the attached appropriation ordinance increasing the estimated receipts and appropriations to the Grants Fund in the total amount of $10,293,616.00 ($6,153,267.00 in Community Development Block Grant funds, $75,000.00 in Community Development Block Grant program income, $2,832,159.00 in HOME http: // apps. cfwnet. org /council _packet /mc_review.asp ?ID =15721 &councildate =8 /2/2011 10/5/2011 M&C Review Page 2 o 5 Investment Partnership funds, $2O7.018.00in Emergency Solutions Grant funds and $Q3G,172.08in Housing Opportunities for Persons with AIDS funds), all subject to receipt of these grants. The City's Action Plan summarizes the major housingamJmmmunitydevelopmen activities and proposed expenditures for use of federal grant funds totaling $1O,218.81U.O0 from the United States Department cf Housing and Urban Development (HUD) under the Community Development Block Grant (CDBG), HOME Investment Partnerships Program (HOME), Emergency Solutions Grant (ESG) and Housing Opportunities for Persons with AIDS (H[)PVVA) grant programs for the program year beginning October 1, 2011 and ending September 30.2012. This years Action Plan also summarizes the use of program income totaling $/5,OOO.8O resulting from activities using CDBGfunds. The purpose of these grant funds istoprimarily benefit low and moderate income City residents, with ESG funds primarily benefiting homeless persons and H(JPVVA funds primarily benefiting persons with H|V/A|[}S. The public hearing on the City's Action Plan on July 26.2011. was the first public hearing for the HUD- required cdizenparhoipatonpnooess. A second public hearing for the HUD-required citizen participation process will be held on August 2.2011 ed which time the City Council is scheduled b» approve the Action Plan. A3U-day public comment period was held from June 28.2011ho July 27.2011. Any comments will bo maintained bv the Housing and Economic Development Department in accordance with federal regulations. A summary ufthe funding recommendations of the Community Development Council (CDC) is provided below and a spreadsheet of all specific funding recommendations is attached. The City's Action Plan must be submitted tu HUD by August 16.2011. The allocations in the draft ufthe Action Plan that was available during the public comment period were based on funding estimates available at the time. The allocations set out below reflect the final allocations from HUD. Staff developed recommendations for the allocation of the estimated funding from HUD and presented them to the CDC on May 25.2011. The CDC made recommendations based unthe estimated funding. Staff adjusted the CDC's recommendations once notification was received from HUD of the actual amount of grant funding. For 2U11-2U12. the $0.153.287.00inCOBG funds and $75.000.00uf program income is recommended tu be allocated as follows: Public Services -$934'22O.40 This item includes social services to low income, disabled and disadvantaged populations. Housing Programs and Services -$2.437.052.O0 This item includes funding for the City's emergency repair program, CnwtownBrush'Up. the Fort Worth Housing Trust Fund, accessibility modifications to the homes of senior and/or disabled individuals and na|otad project delivery costs for these prognamm. Public Facilities and Improvements -$Q7@,159.3O This item includes funding for targeted infrastructure for the Hardy Street project in the Diamond Hill-Jarvis neighborhood and street light installation for the Terrell Heights neighborhood. CDBG Economic Development -$733,181.90 This item is this years payment of the City's Section 108 loan from HUD. CDBG General Administration -$1,245,953.40 This item includes costs for administering the CDBG grant including allocations for Financial Management Services, Internal Audit. Planning and Deve|opmerd, and funding fora Fair Housing Coordinator in Community Relations. For 2O11-2O12' the $2.832.15QD0in HOME funds is recommended hobo allocated aafollows: HommebuVer Assistance Program -$94U,0Q0.UO This item includes funding hm provide down payment and/or closing cost assistance to |ovv and moderate inoomehomebuyers. Community Housing Development Organizations (CHOQ) -$1'1O8.943.iO rhis item includes the HUD-required minimum allocation of 15 percent of HOME funds for non-profit M&C Review Page of affordable housing projects, as well as $100,000.00 for CHDO administrative operating costs. Fort Worth Housing Trust Fund (HTF) '$5OO.00O.0O This program will fund the rehabilitation of single-family owner-occupied dwellings for income qualifying households. HOME General Administration '$2Q3,215.S0 This item includes costs for administering the HOME grant. Staff anticipates the receipt of program income in the 2011-2012 Program Year from activities using HOME funds and will seek authorization to allocate this program income in a future M&C. For 2O11-2D12. the $Q36.172.U0inHOPVVA grant funds is recommended tobe allocated asfollows: Allocation tm non-profit service providers '$9OB4O88.84 Allocation toHOPVVA program administration -$28,085.1G For 2011-2012. the $2Q7.018.00inESG grant funds io recommended tube allocated msfollows: Allocation to non-profit service providers '$282'1G7.1O Allocation to ESG program administration ' $14'850.90 The CDC and staff recommend that contracts be executed with the agencies listed below in the amounts shown in the following table: Community Development Block Grant: Table 1 -CDBG Agencies Organization Program Amount Camp Fire USA First Texas Council Diamond Hill Station $ 33,604.00 Step-Up School Camp Fire USA First Texas Council Completion $ 42.296.00 CASA of Tarrant County. Inc. Advocate Training � 43,300.00 Substance Abuse CenikorFoundodon Treatment $ 25,000.00 Child Care Associates Pre-school Child Care $117.000.00 Clayton Child Con*.. |nodbo Clayton YES! School Age Child Care $ 54.000.00 Cornerstone Assistance Network New Life Center $ 25.000.00 Cultural Arts Center GEOinSpanish $ 25'000.00 Day Resource Center for the Homeless (CDBG Program Income) Counseling Services $ 11.250.00 Day Resource Center for the Homeless (CUBG{3ranU Counseling Services $ 33.605.40 Girls Inc. of Tarrant County Girl Power $ 25.000.00 The Ladder Alliance Employment Training $ 25.000.00 Mental Health Association of Tarrant County Mental Health Advocate $ 25.000.00 Mental Health Association ofTarrant Long Term Care County Ombudsman $ 25.000.00 GoodVVorks/8uenan Nodhside Inter-Church Agency, Inc. Obnas $ 25.000.00 Stabilizing toAchieve Richer Tomorrows The Salvation Army (ST.A.RI) $ 25.000.00 Tarrant Area Food Bank Community Kitchen $ 25.000D0 Tarrant County Housing Partnership, Housing Counseling and Inc. Education 8133.002.00 JuniorCounse|ors - Poly United Community Centers, Inc. Center $ 28.154.00 Junior Counselors - United Community Centers, Inc. Wesley Center $ 27.918.00 Child Development YWCA Fort Worth & Tarrant County Program $135.000.00 M&C Review YWCA Fort Worth & Tarrant County My Own Place $ 25,000.00 CDBG Public Service Subtotal $934'220,40 REACH Resource Center on $6,153,267.00 Independent Living Project Ramp $2,832,159.00 TOTAL CDBKSContracts $2,832,159.00 $984'220.40 EmerqencV Solutions Grant: Table 2-ESG Agencies Organization Pnmgmmrn Amount CFVV: Parks and Community Services ESG-Shipp $ 25.000.00 The Emergency Shelter Presbyterian Night Shelter Pnmgnann $187.167.10 SahyHavenof Tarrant County Shelter Operations $ 25.000.00 Supportive Child Com* SafmHavennf Tarrant County Program $ 25.000.00 Supportive Living YWCA Fort Worth & Tarrant County Program TOTAL ESKS Contracts $282.167'10 Housing Opportunities For Persons With AIDS: Table 3 - HOPWA Agencies Organization Program Amount 2011'12A{}C AIDS Outreach Center, Inc. Administration $ 28.683D0 AIDS Outreach Center, Inc. 2011'12A{}C STFlK4U $ 66.765.00 2U11-12 ADC Supportive AIDS Outreach Center, Inc. Services $ 33.888.20 AIDS Outreach Center, Inc. 2011'12AOCTQFb4 $353.104.80 2011-12 AF(RT AIDS Resources of Rural Texas Administration $ 6.084.00 AIDS Resources of Rural Texas 2011-12 ARRT STRMU $ 13.284.00 2011'12ARRT AIDS Resources of Rural Texas Supportive Services $ 25.186.00 AIDS Resources of Rural Texas 2011'12ARRTTBRA $ 02.109.84 2011-12 Samaritan Tarrant County Samaritan Housing, Inc. House Administration $ 20.216.00 2011-12 Samaritan House Supportive Tarrant County Samaritan Housing, Inc. Services TOTAL HOPWAContracts $908.086.84 These programs are available in ALL COUNCIL DISTRICTS. FISCAL . . Page 4of5 The Financial Management Services Director certifies that upon approval of the above recommendations, adoption of the attached appropriation ondinonneandreueiptofgxsntfunda.tundovviUbeamai|ab|einthe current operating budget, us appropriated, of the Grants Fund. TO Fund/Account/Centers $936,17Z00 $936,172.00 $6,153,267.00 $6,153,267.00 $2,832,159.00 $2,832,159.00 FROM Fund/Account/Centers M&C Review GR76 451727 017206533XXX $297,018.00 GR76 5XXXXX 017206533XXX $297,018.00 GR76 451685 XXX206531XXX $1,000.00 GR76 5XXXXX XXX206531XXX $1,000.00 GR76 451685 XXX20653OXXX $75,000.00 GR76 5XXXXX XXX20653OXXX $75,000.00 Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: ATTACHMENTS 17HUDACTPLAN A01 1 Revised.doc Susan Alanis (8180) Jay Chapa (5804) Mark Folden (8634) Robin Bentley (7315) Page 5 of 5 http: // apps. cfwnet. org /council _packet /mc_ review .asp ?ID =15721 &councildate= 8/2/2011 10/5/2011