HomeMy WebLinkAboutContract 58580 CSC No.58580
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 Easter Seals North Texas, Inc. (hereafter"Agency"), a Texas
non-profit corporation. City and Agency may be referred to individually as a"Party" and
jointly as "the Parties".
The Parties state as follows:
WHEREAS, City receives grant monies from the United States Department of
Housing and Urban Development through the Community Development Block Grant
("CDBG") Program, Program No. B-22-MC-48-0010, Catalog of Federal Domestic
Assistance No. 14.218;
WHEREAS, a national objective of the CDBG program is to benefit low and
moderate income citizens in accordance with 24 CFR Part 570, as amended from time to
time;
WHEREAS, Agency submitted a proposal to use CDBG funds for a program to
serve individuals and families, 51% of whom must be low and moderate income;
WHEREAS, City citizens, the Community Development Council, and the City
Council have determined that CDBG programs are needed by the City's citizens.
NOW, THEREFORE,the Parties understand and agree as follows:
1. INCORPORATION OF RECITALS.
City and Agency hereby agree that the recitals set forth above are true and correct
and form the basis upon which the Parties have entered into this Contract.
2. DEFINITIONS.
In addition to terms defined in the body of this Contract, the terms set forth below
shall have the definitions ascribed to them as follows:
Area Median Income or AMI means the median family income for the Fort Worth-
Arlington metropolitan statistical area as established annually by HUD. The 2022 income
limits are attached hereto as EXHIBIT "A-1"—2022 HUD Income Limits.
Business Diversity Enterprise Ordinance or BDE means the City's Business Diversity
Ordinance, Ordinance No. 24534-11-2020, as may be amended from time to time.
CDBG means Community Development Block Grant. OFFICIAL RECORD
CITY SECRETARY
Complete Documentation means the following documentation as applicable: FT.WORTH,Tx
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• Attachments I,II, and III, with supporting documentation including:
o Proof of expense: copies of timesheets, invoices, leases, service
contracts or other documentation showing that payment is due by
Agency.
o Proof of payment: cancelled checks, bank statements, or wire
transfers necessary to demonstrate that amounts due by Agency were
actually paid by Agency.
o Proof of client eligibility: either (i) verifiable self-certification of
income such as the City's Certification Income Statement attached as
EXHIBIT "E" — Form of Income Self-Certification or a similar
form approved by City, or(ii) Source Documentation.
• Complete Documentation shall meet the standards described in the
attached EXHIBIT "F" - Standards for Complete Documentation.
• Any other document or record reasonably necessary to verify costs spent
and client eligibility for the Program.
CDBG Funds means the CDBG grant funds supplied by City to Agency under the terms
of this Contract.
CDBG Regulations means regulations found at 24 CFR Part 570 et seq.
Countywide Agencies means agencies with 10% or more of clients that reside outside of
the boundaries of the City. All other agencies are considered Fort Worth agencies.
DBE means disadvantaged business enterprise in accordance with 49 CFR Part 26.
Director means the Director of the Neighborhood Services Department.
Effective Date means October 1, 2022.
HUD means the United States Department of Housing and Urban Development.
IDIS means Integrated Disbursement Information System,HUD's project tracking
system.
Income Eligible Client means a client whose annual income adjusted for family size does
not exceed 80% of AMI using the most current HUD Income Guidelines and Technical
Guidance for Determining Income and Allowances. The definition of annual income to
determine client income eligibility shall be the definition contained in 24 CFR Part 5.609,
as amended from time to time.
National Objective means an activity that benefits low and moderate income persons. For
the purposes of this Contract, at least 51% of the clients served by the Program must be
Income Eligible Clients.
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Neighborhood Services Department means the City's Neighborhood Services
Department.
Neighborly Software—Online database for Agency to submit monthly reimbursement
requests.
OMB means the Office of Management and Budget.
Program means the services described in EXHIBIT "A"—Program Summary.
Reimbursement Request means all reports and other documentation described in
Section 9.
Source Documentation means documentation of full household income of any type
described under the definition of annual income in 24 CFR Part 5.609, including but not
limited to copies of paychecks, Social Security and disability verification letters, interest
or rental income statements, retirement income statements, child support and alimony
verification, unemployment benefit letters, and the like.
Unduplicated Clients means a count of all clients served by the Program at least once in
the Contract Term. Clients served by the Program more than once in the Contract Term
will only be counted the first time they are served when determining the total count of
Unduplicated Clients.
3. TERM.
The term of this Contract begins on the Effective Date and terminates on September
30, 2023 unless earlier terminated as provided in this Contract. This Contract may be
extended by mutual agreement of the Parties in writing if such extension is necessary for
completion of the program, or 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.
The Contract term shall include any extension, if exercised, as provided herein.
4. DUTIES AND RESPONSIBILITIES OF CITY.
4.1 Provide CDBG Funds.
City shall provide up to $50,000 of CDBG Funds under the terms and conditions
of this Contract.
4.2 Monitor.
City will monitor the activities and performance of Agency and any of its
contractors, subcontractors or vendors as necessary, but no less than annually. Monitoring
by City will include determining whether Agency is meeting the National Objective during
the term of this Contract.
5. DUTIES AND RESPONSIBILITIES OF AGENCY.
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5.1 Required Services.
Agency shall perform the services described in EXHIBIT "A"—Program
Summary in accordance with the terms and conditions of this Contract.
5.2 Use of CDBG Funds.
5.2.1. Compliance with CDBG Regulations and Contract.
Agency shall be reimbursed for eligible Program costs with CDBG Funds only if
City determines in its sole discretion that:
5.2.1.1 Costs are eligible expenditures in accordance with CDBG
Regulations.
5.2.1.2 Costs are in compliance with this Contract and are reasonable
and consistent with industry norms.
5.2.1.3 Complete Documentation,as applicable,is submitted to City by
Agency.
5.2.2 Budget.
5.2.2.1 The CDBG Funds will be paid on a reimbursement basis in
accordance with EXHIBIT "B" -Budget.
5.2.2.2 During the term of this Contract, Agency may submit written
requests to increase or decrease line-item amounts in the
Budget, including an explanation of why such increases or
decreases are necessary. All requests shall be approved by
Director or Director's designee in writing, with such approval
being in the City's sole discretion. If the Agency's proposed
Budget amendment is approved (as approved, the "Amended
Budget"), then the Amended Budget shall be memorialized in
a written amendment to this Contract. The Amended Budget will
take effect on the first day of the month following the month in
which the Contract amendment is executed, unless otherwise
specified in the amendment. All requests for Budget
amendments must be submitted by April 3, 2023.
5.2.3 Change in Program Budget.
5.2.3.1 Agency will notify City promptly of any additional funds it
receives for operation of the Program,and City reserves the right
to amend this Contract in such instances to ensure compliance
with HUD regulations governing cost allocation.
5.2.3.2 Agency agrees to utilize the CDBG Funds to supplement rather
than supplant funds otherwise available for the Program.
5.2.4 Payment of CDBG Funds to Agency.
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CDBG Funds will be disbursed to Agency upon City's approval of Reimbursement
Requests including submission of Complete Documentation to City in compliance with
Section 9. If Agency expends all funds budgeted for the Program prior to September 30,
2023, City may hold back a small amount of the CDBG Funds until the end of the term.
During this interim period, Agency must continue to submit Attachment III— Client Data
Report in EXHIBIT "D" — Reimbursement Forms monthly. It is expressly agreed by
the Parties that any CDBG Funds not spent or approved for reimbursement to Agency shall
remain with City.
5.3 Program Performance Milestones,Review and Corrective Action
Plans
5.3.1 Agency represents that the Program will achieve the following milestones
in accordance with EXHIBIT "A"—Program Summary and the table below:
Unduplicated Clients as
specified in EXHIBIT
"A"—Program
Month Expenditures Summary
3 25% 25%
6 50% 50%
9 75% 75%
12 100% 100%
5.3.2 Failure of Agency to meet these milestones or a material deviation from
them as outlined in this Section 5.3 is a breach of this Contract. For the purpose of this
Section, "material deviation" shall mean more than 10% lower than the specified goal.
In the event of such breach, City reserves the right in its sole option to(i)delay or withhold
payment of Reimbursement Requests, (ii) institute a Corrective Action Plan ("CAP") as
described below, (iii) lower Agency's allocation of or deobligate all CDBG Funds, (iv)
terminate this Contract, or any combination of the above options.
5.3.2.1 Policy.
To ensure the Program meets the client goals provided by Agency and included
herein,City will periodically review Program performance to ensure the expenditure of the
funds is roughly proportional to the number of eligible, unduplicated clients being served,
as described above in 5.3.1. City expects that most programs will expend funds in a
proportional amount to clients served, but City reserves the ability to take into account
unique program characteristics that may impact the ratio between expenditures and clients
served.
5.3.2.2 Review.
At the end of each quarter, City will review the information in the required reports
provided to City by Agency. City will review the amount of funds expended compared to
the percentage of eligible,unduplicated clients served. If City believes in its sole discretion
that Agency is (i) in danger of not spending the full amount of the funds allocated, (ii) in
danger of expending all funds prior to serving 100% of the unduplicated client goal
(meaning the percentage of funds expended relative to the overall funding allocated is not
within 10%of the percentage of eligible, unduplicated clients served relative to the overall
client goal), or is (iii)in danger of not otherwise meeting the performance goals within this
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Contract, City will notify Agency and set up a Program Review Meeting ("Review
Meeting"). Failure by Agency to attend the Review Meeting is considered a breach of this
contract and City may invoke any and all remedies included herein. During the Review
Meeting, City and Agency will review the information provided, the Program, and discuss
any concerns. If the City believes that no additional action is needed to ensure Agency's
performance, no additional requirements will be put in place; however, if the City, in its
sole discretion, believes that additional requirements are needed to ensure Agency's
performance, City may require the Agency to enter into a Corrective Action Plan ("CAP")
or may move forward with deobligating funds from the Contract.
5.3.2.3 Corrective Action Plans.
A CAP will be unique to the Agency and the Program and will be designed to
ensure that the Agency(i) expends the funds allocated to it by the City, and(ii) serves the
required number of unduplicated clients through the Program. A CAP may require
additional outreach or marketing, additional reporting, additional monitoring, or any other
mechanism that will reasonably ensure the Program goals are met and that expenditures
are roughly proportional to the number of eligible, unduplicated clients served.
5.3.2.4 Deobligation of Funds
If after any quarterly review the City determines that a CAP will not be sufficient
to ensure that the Agency (i) expends the funds allocated to it by the City, and (ii) serves
the required number of unduplicated clients through the Program, City shall be able to
deobligate a portion of the funds provided to Agency that is at-risk of not being expended
or that is the proportional amount of funds compared to the number of eligible,
unduplicated clients that are anticipated to not be served. Any deobligation shall be in the
form of a contract amendment. By way of example, if an agency was allocated $100,000
and was required to serve 100 unduplicated clients, if that agency was expected to only be
able to serve 75% of its client goal, then City would allow agency to keep 75% of the
allocated funding and deobligate 25% of the funds to correspond with the 25% of clients
that are anticipated to not be served.
5.3.3 Failure to comply with the Corrective Action Plan(CAP),meet the Program
Goals, or otherwise comply with serving 90 unduplicated clients may, in City's sole
discretion, disqualify Agency for consideration under the City's Request for Proposals for
the 2023-2024 Program Year for federal grant funds.
5.3.4 Amendments to performance milestones regarding CDBG Funds must be
approved by the Director in writing, with such approval being in the Director's sole
discretion. If Director approves the Agency's proposed amended performance milestones
(as approved, the "Amended Performance Milestones"), then the Amended
Performance Milestones shall be memorialized in a written amendment to this Contract.
The Amended Performance Milestones will take effect on the first day of the month
following the month in which the Contract Amendment is executed unless otherwise
specified in the amendment. Notwithstanding the above, any amendments to this Contract
shall not reduce the number of Unduplicated Clients stated in Section 5.3.3 and in
EXHIBIT "A" -Program Summary.
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5.4 Identify Program Expenses Paid with CDBG Funds.
Agency will keep accounts and records in such a manner that City may readily
identify and account for Program expenses reimbursed with CDBG Funds. These records
shall be made available to City for audit purposes and shall be retained as required
hereunder.
5.5 Meet National Obiective.
Agency shall ensure that the activities carried out in the Program will meet the
National Objective.
5.6 Program Subcontracts.
Agency shall not enter into a subcontract with another agency,contractor,or vendor
to provide a service to clients for any part of the Program that will be paid with CDBG
Funds without City's written consent.
CLIENT ELIGIBILITY VERIFICATION.
6.1 Client Eligibility.
Agency will document client eligibility as follows:
6.1.1 Agency Clients.
Agency must verify all new clients' income with either a verifiable self-certification
of income such as the City's Certification of Income Statement attached as EXHIBIT"E"
— Form of Income Self-Certification or a similar form approved by City, or Source
Documentation. Agency must use the annual income definition in 24 CFR Part 5.609 to
establish client income and must use the most current HUD Income Guidelines. The
income of all Program clients must be documented and at least 51% of them must be
Income Eligible Clients.
6.1.1.1 If Agency serves both Fort Worth and non-Fort Worth clients,
the proportion of Program costs allocated to the CDBG-funded
portion of the Program Budget must be consistent with the
proportion of Fort Worth clients to all clients.
6.1.1.2 All Program clients must be reported on EXHIBIT "D" —
Reimbursement Forms, Attachment III. All Program clients
whose income has not been verified will be deemed to not be
Income Eligible Clients and shall not be included in the 51%.
6.1.2 Verification of Program Eligibility.
6.1.2.1 At the end of each quarter during the Contract term, Agency
shall verify CDBG Program Eligibility by confirming that at
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least 51% of clients served by the Program to date are Income
Eligible Clients as reported on Attachment III.
6.1.2.2 If Agency fails to verify Program eligibility on a quarterly basis
in compliance with this Section, Agency will have 30 calendar
days or until the next monthly invoice to cure.
6.1.2.3 City will notify Agency by e-mail within 14 calendar days if the
Program performance milestones were not met within the
requirements outlined in this Section 6.1.2.2. Agency will have
an additional 7 calendar days from the date of the e-mail notice
to meet these requirements.
6.1.2.4 In the event the Agency fails to meet the Program performance
milestones, City reserves the right in its sole option to delay or
withhold payment of Reimbursement Requests, to lower
Agency's allocation of CDBG Funds, or to terminate this
Contract.
6.2 Submission of Complete Documentation.
Agency must submit copies of documentation of client eligibility described in
Section 6.1 with Attachment III with each month's Reimbursement Request for all
Unduplicated Clients.
6.3 Maintain Documentation.
Agency must maintain copies of all documentation required by this Section 6 for 5
years following the expiration of the Contract term. This Section shall survive the earlier
termination or expiration of this Contract.
7. ADDITIONAL CDBG REQUIREMENTS.
Agency agrees to comply with all requirements of the CDBG Program as stated in
the CDBG Regulations, 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
an environmental review and completed an Environmental Review Record as required by
24 CFR Part 58. The environmental review may result in a decision to proceed with,
modify, or cancel the funding for the Program. Further, Agency will not undertake or
commit any funds to physical or choice limiting actions as described in any applicable
federal regulations. Any violation of this provision will(i) cause this Contract to terminate
immediately,and(ii)require Agency to repay City the CDBG Funds it has already received
and forfeit any future payments of CDBG Funds.
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
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funds or approval may occur only upon (i) satisfactory completion of an environmental
review and receipt by City of an authorization to use grant funds from HUD under 24 CFR
Part 58, (ii) approval of City's 2022-2023 Action Plan, and(iii) receipt by City of a grant
agreement from HUD.
7.3 Monitoring.
7.3.1 Agency understands and agrees that it will be subject to monitoring by
City for compliance with terms and provisions of this Contract and the CDBG
Regulations for the term of this Contract. Agency is subject to such monitoring during
the term of this Contract and for 5 years after the Contract term ends. Agency will
provide reports and access to Program files as requested by City during this 5 year period.
For purposes of this Contract, unless this contract is earlier terminated, this 5 year period
for monitoring is deemed to begin on October 1, 2023, or October 1, 2024 if the Contract
is extended, and shall end no later than September 30, 2029.
7.3.2 Representatives of City, HUD, HUD Office of Inspector General, and the
United States Comptroller General shall have access during regular business hours, upon
48 hours prior notice, to Agency's offices and records pertaining to the use of the CDBG
Funds, and to Agency's officers, directors, agents, employees, contractors, subcontractors
and vendors for the purpose of such monitoring.
7.3.3 In addition to other provisions of this Contract regarding frequency of
monitoring, City reserves the right to perform desk reviews or on-site monitoring of
Agency's compliance with the terms and conditions of this Contract. City shall provide
Agency with a written report of the monitor's findings after each monitoring visit. If the
monitoring report notes deficiencies in Agency's performance, the report shall include
requirements for the timely correction of said deficiencies by Agency. Failure by Agency
to take the action specified in the monitoring report may be cause for suspension or
termination of this Contract as provided herein.
7.3.4 Subsections 7.3.1 through 7.3.3 shall be applicable for the Contract Term
and for 5 years thereafter and shall survive the earlier termination or expiration of this
Contract.
7.3.5 Agency shall provide City annually the results of any state or federal
monitoring. Such results shall be submitted within 60 days of receipt of such state or
federal monitoring report, or with the January Reimbursement Request, whichever is
earlier.
7.4 Agency Procurement Standards.
Agency shall comply with all applicable federal, state and local laws, regulations,
and ordinances for making procurements under this Contract. In addition to the conflict of
interest provisions in Section 14.13.3, Agency shall establish written procurement
procedures to ensure that materials and services are obtained in a cost effective manner and
that provides for full and open competition. When procuring materials and services for
this Contract,Agency shall comply at a minimum with the procurement standards in 2 CFR
Part 200.317 through Part 200.326.
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7.4.1 Contracts in excess of $10,000.00 made by Agency using CDBG Funds
must address termination for cause and convenience including the manner by which such
termination shall be effected and the basis for settlement of the terminated contract, if any,
as required by Appendix II (B), 2 CFR Part 200.
7.4.2 Agency shall not make any contract with parties listed on the government
wide System for Award Management, www.sam.gov ("SAM"). Agency must confirm
by search of SAM that all contractors paid with CDBG Funds are not listed by SAM as
being debarred, both prior to hiring and prior to submitting a Reimbursement Request
which includes invoices from any such contractor. Failure to submit such proofs of
search shall be an event of default.
7.5 Cost Principles/Cost Reasonableness.
Agency shall administer its use of CDBG Funds in compliance with 2 CFR Part
200, as applicable. The eligibility of costs incurred for performance rendered shall be
determined in accordance with 2 CFR Part 200.400 through 2 CFR Part 200.475.
7.6 Financial Management Standards.
Agency agrees to comply with 2 CFR Part 200, as applicable. Agency also
agrees to adhere to the accounting principles and procedures required therein, utilize
adequate internal controls, and maintain necessary supporting and back-up documentation
for all costs incurred in accordance with 2 CFR Part 200.302 and Part 200.303.
7.7 Uniform Administrative Requirements, Cost Principles, and Audit
Requirements.
Agency will comply with the Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards in 2 CFR Part 200, as applicable,
or any reasonably equivalent procedures and requirements that City may require.
7.8 Terms Applicable to Contractors, Subcontractors and Vendors.
Agency understands and agrees that all terms of this Contract, whether regulatory
or otherwise, shall apply to any and all contractors, subcontractors and vendors of Agency
which are in any way paid with CDBG Funds or who perform any work in connection with
the Program. Agency shall cause all applicable provisions of this Contract to be included
in and made a part of any contract or subcontract executed in the performance of its
obligations hereunder including its obligations regarding the CDBG Regulations. Agency
shall monitor the services and work performed by its contractors, subcontractors and
vendors on a regular basis for compliance with the CDBG Regulations and Contract
provisions. Agency must cure all violations of the CDBG Regulations committed by its
contractors, subcontractors or vendors. City maintains the right to insist on Agency's full
compliance with the terms of this Contract and the CDBG Regulations and Agency is
responsible for such compliance regardless of whether actions taken to fulfill the
requirements of this Contract are taken by Agency or by Agency's contractors,
subcontractors or vendors. Agency acknowledges that the provisions of this Section shall
survive the earlier termination or expiration of this Contract and shall be applicable for 5
years after the Contract term ends.
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7.9 CopyriEht and Patent Rights.
No reports, maps, or other documents produced in whole or in part under this
Contract shall be the subject of an application for copyright by or on behalf of Agency.
HUD and City shall possess all rights to invention or discovery, as well as rights in data,
which may arise as a result of Agency's performance under this Contract.
7.10 Conflict of Interest Disclosure.
In accordance with the requirements of Section 14.14.2.1 and 14.14.4,Agency shall
establish conflict of interest policies for federal awards. Agency shall disclose to City in
writing any potential conflict of interest.
7.11 Compliance with FFATA and Whistleblower Protections.
Agency shall comply with the requirements of 2 CFR 300(b), including provisions
of the Federal Funding Accountability and Transparency Act ("FFATA") governing
requirements on executive compensation and provisions governing whistleblower
protections contained in 10 U.S.C. 2409,41 U.S.C. 4712, 10 U.S.C. 2324, 41 U.S.C. 4304
and 41 U.S.C. 4310.
7.11.1 Agency shall provide City with its DUNS number.
7.12 Internal Controls.
In compliance with the requirements of 2 CFR Part 200.303, Agency shall:
7.12.1 Establish and maintain effective internal control over the CDBG Funds that
provides reasonable assurance that Agency is managing the CDBG Funds in compliance
with federal statutes, regulations, and the terms and conditions of this Contract. These
internal controls shall be in compliance with guidance in "Standards for Internal Control
in the Federal Government" issued by the Comptroller General of the United States or the
"Internal Control Integrated Framework" issued by the Committee of Sponsoring
Organizations of the Treadway Commission ("COSO");
7.12.2 Comply with federal statutes, regulations, and the terms and conditions of
this Contract;
7.12.3 Evaluate and monitor Agency's compliance with statutes, regulations and
the terms and conditions of this Contract;
7.12.4 Take prompt action when instances of noncompliance are identified
including noncompliance identified in audit findings; and
7.12.5 Take reasonable measures to safeguard protected personally identifiable
information and other information that HUD or City designates as sensitive or Agency
considers sensitive consistent with applicable federal, state, local and tribal laws regarding
privacy and obligations of confidentiality.
8. RECORD KEEPING; REPORTING AND DOCUMENTATION
REQUIREMENTS; AUDIT.
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8.1 Record Keeping.
Agency shall maintain a record-keeping system as part of its performance of this
Contract and shall promptly provide City with copies of any document City deems
necessary for the effective fulfillment of City's monitoring and evaluation responsibilities.
Specifically, Agency will keep or cause to be kept an accurate record of all actions taken
and all funds spent,with supporting and back-up documentation. Agency will maintain all
records and documentation related to this Contract for 5 years after the Contract term ends.
If any claim, litigation, or audit is initiated before the expiration of the 5 year period, the
relevant records and documentation must be retained until all such claims, litigation or
audits have been resolved. For purposes of this Contract, unless this contract is earlier
terminated, this 5 year period for record retention is deemed to begin on October 1, 2023,
or October 1, 2024 if the Contract is extended, and shall end no later than September 30,
2029.
8.2 Access to Records.
Representatives of City, HUD and any duly authorized officials of the federal
government will have full access to, and the right to examine, audit, copy, excerpt and/or
transcribe any of Agency's records pertaining to all matters covered by this Contract for 5
years after the Contract term ends. Such access shall be during regular business hours and
upon at least 48 hours prior notice. For purposes of this Contract, unless this contract is
earlier terminated this 5 year period for access to records is deemed to begin on October
1, 2023, or October 1, 2024 if the Contract is extended, and shall end no later than
September 30, 2029.
8.3 Reports.
Agency will submit to City all reports and documentation described in this Contract
in such form as City may prescribe. Agency may also be required to submit a final
performance and/or final financial report if required by City at the termination of this
Contract in such form and within such times as City may prescribe. Failure to submit to
City any report or documentation described in this Contract shall be an event of default of
this Contract and City may exercise all of its remedies for default under this Contract.
8.3.1 Additional Information.
Agency shall provide City with additional information as may be required by state
or federal agencies to substantiate Program activities and/or expenditure eligibility.
8.4 Change in Reporting Requirements and Forms.
City retains the right to change reporting requirements and forms at its discretion.
City will notify Agency in writing at least 15 days prior to the effective date of such change,
and the Parties shall execute an amendment to the Contract reflecting such change if
necessary.
8.5 Audit.
8.5.1 Entities that Expend $750,000 or more in Federal Funds Per Year.
All non-federal entities that expend$750,000 or more in federal funds within 1 year,
regardless of the source of the federal award,must submit to City an annual audit prepared
in accordance with specific reference to 2 CFR Part 200.501 through Part 200.521. The
audit shall cover the Agency's fiscal years during which this Contract is in force. The audit
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must be prepared by an independent certified public accountant, be completed within 6
months following the end of the period being audited and be submitted to City within 30
days of its completion. Agency's audit certification is attached hereto as EXHIBIT "C"
— "Audit Certification Form" and "Audit Requirements". The Audit Certification
Form must be submitted to City prior to or with the first Reimbursement Request. Entities
that expend less than $750,000 a year in federal funds are exempt from federal audit
requirements for that year,but records must be available for review or audit by appropriate
officials of the federal agency, City, and General Accounting Office.
8.5.2 City Reserves the Right to Audit.
City reserves the right to perform an audit of Agency's Program operations and
finances at any time during the term of this Contract and for 5 years after the Contract term
ends if City determines that such audit is necessary for City's compliance with the CDBG
Regulations or other City policies. Agency agrees to allow access to all pertinent materials
as described herein for such audit. For purposes of this Contract, unless this contract is
earlier terminated, this 5 year period for City audit is deemed to begin on October 1, 2023,
or October 1, 2024 if the Contract is extended, and shall end no later than September 30,
2029. If such audit reveals a questioned practice or expenditure, such questions must be
resolved within 15 business days after notice to Agency of such questioned practice or
expenditure. If questions are not resolved within this period, City reserves the right to
withhold further funding under this Contract and/or any other contracts with Agency. IF
AS A RESULT OF ANY AUDIT IT IS DETERMINED THAT AGENCY HAS
FALSIFIED ANY DOCUMENTATION OR MISUSED, MISAPPLIED OR
MISAPPROPRIATED CDBG FUNDS OR SPENT CDBG FUNDS ON ANY
INELIGIBLE ACTIVITIES, AGENCY AGREES TO REIMBURSE CITY THE
AMOUNT OF SUCH MONIES PLUS THE AMOUNT OF ANY SANCTIONS,
PENALTY OR OTHER CHARGE LEVIED AGAINST CITY BY HUD BECAUSE
OF SUCH ACTIONS.
9. REIMBURSEMENT REQUIREMENTS.
9.1 Deadline for Submitting Reimbursement Requests.
9.1.1 Reimbursement Requests shall be submitted monthly to the City and
must be received by the City on or before the 15th day of the month following the month
expenses were paid by Agency. For example, the Reimbursement Request for June
expenses must be received by July 15. In the event the 15th falls on a weekend or City
holiday, Reimbursement Requests shall be due the next day that the City is open for
business. Failure to submit a Reimbursement Request in a timely fashion will result in
City taking the actions outlined in Section 10.1. NOTWITHSTANDING ANYTHING
ABOVE,THE REIMBURSEMENT REQUEST FOR EXPENSES INCURRED FOR
SEPTEMBER MUST BE RECEIVED BY OCTOBER 1 OF THAT SAME YEAR.
COMPLETE DOCUMENTATION FOR ALL SEPTEMBER EXPENSES MUST BE
SUBMITTED BY OCTOBER 15TH OF THAT SAME YEAR. FAILURE TO
SUBMIT A FINAL REIMBURSEMENT REQUEST WITH COMPLETE
DOCUMENTATION BY OCTOBER 15TH OF THAT SAME YEAR WILL RESULT
IN FORFEITURE OF PAYMENT OF THE SEPTEMBER REIMBURSEMENT
REQUEST.
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9.1.2 City will notify Agency by e-mail within 14 calendar days if a
Reimbursement Request is lacking Complete Documentation or corrections are needed.
Agency will have 7 calendar days from the date of the e-mail notice to submit any requested
information or missing documentation. Agency may be penalized, at City's sole discretion,
in the Request for Proposal for the 2023-2024 Program Year for any notifications received
under this Section. If Agency fails to submit all the required information or missing
documentation within 7 calendar days from the first e-mail, Agency shall forfeit any
payments otherwise due that month and failure to submit any requested information will
be considered an event of default as outlined in Section 10.1.2.
9.2 Submission of Reimbursement Requests.
Agency shall provide City with Complete Documentation and the following
reports as shown in EXHIBIT "D" —Reimbursement Forms with each Reimbursement
Request:
9.2.1 Attachment I—Request Summary.
This report shall contain the amount requested for reimbursement each month, the
cumulative reimbursement requested to date (inclusive of that month's request).
9.2.2 Attachment II—Expenditure Worksheet.
This report shall itemize each expense requested for reimbursement by Agency and
shall include the Account corresponding the expense to a Budget line item. In order for
this report to be complete the following must be submitted:
9.2.2.1 For payroll expenses, timesheets signed by employees and
approved by supervisor for all payroll expenses listed.
Timesheets must distinguish between CDBG-funded time and
non-CDBG funded time and reflect actual time spent on CDBG-
funded activities. Agency may not submit payroll expenses
dated 60 calendar days prior to the date of the Reimbursement
Request.
9.2.2.2 For non-payroll expenses, invoices for each expense listed with
an explanation as to how the invoiced expense pertains to the
Program. Agency may not submit invoices dated 60 calendar
days prior to the date of the Reimbursement Request.
9.2.2.3 Proof that each expense was paid by Agency, which proof can
be satisfied by cancelled checks, wire transfer documentation,
paid receipts or other appropriate banking documentation.
9.2.3 Attachment III—Client Data Report.
This report shall list each Unduplicated Client served during the month along with
his or her demographic information. The Client Data Report must maintain a list of all
clients served during the Contract term. In order for this report to be complete, the
following must be submitted:
9.2.3.1 Documentation of income verification for each Unduplicated Client
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the first time the client is served by the Program, which will either be the
completed form of EXHIBIT "E"-Form of Income Self Certification or
similar form approved by City, or Source Documentation.
9.2.4 Delivery of Reimbursement Request.
Reimbursement Requests must be submitted through Neighborly Software or
other reporting software as approved by the City by the deadline in Section 9.1.1.
9.2.5 Countywide Agencies.
Countywide Agencies shall submit EXHIBIT "A-2"—Reporting Requirements
for Countywide Agencies quarterly with the December, March, June and September
Reimbursement Requests. Reports due under this section have the same due date as the
Reimbursement Request. .
9.3 Withholding Payment.
CITY SHALL HAVE NO OBLIGATION TO PAY ANY
REIMBURSEMENT REQUEST THAT IS NOT RECEIVED BY THE DUE DATE.
Failure to timely submit accurate and complete Reimbursement Requests and
Complete Documentation along with any required reports shall be an event of default.
10. DEFAULT AND TERNIINATION.
10.1 Failure to Submit Reimbursement Request or Required
Documentation.
10.1.1 If Agency fails to submit a Reimbursement Request in accordance with
Section 9, Agency shall be in default of this Contract. City will notify Agency in writing
of such default and the Agency will have 5 calendar days from the date of the written notice
to submit such Reimbursement Request to cure the default. If Agency fails to cure the
default within such time, Agency shall forfeit any payments otherwise due that month.
10.1.2 If Agency fails to submit requested information or missing
documentation as set forth in Section 9.1.2, then Agency shall forfeit payment due that
month and the failure to submit shall be considered an event of default that shall not be
cured.
10.1.3 NOTWITHSTANDING THE PROVISIONS OF SECTION 10.1.1
OR 10.1.2, IF AGENCY FAILS TO SUBMIT THE REIMBURSEMENT REQUEST
DUE OCTOBER 1,2023 OR IF THE SUBMITTED REIMBURSEMENT REQUEST
DUE OCTOBER 1, 2023 IS LATE, INCOMPLETE OR OTHERWISE NOT IN
COMPLIANCE WITH THIS CONTRACT OR THE CDBG REGULATIONS AS
DETERMINED BY CITY IN ITS SOLE DISCRETION, THERE WILL BE NO
CURE PERIOD AND ANY REIMBURSEMENT WILL BE FORFEITED.
10.1.4 In the event of(i) an uncured default under Section 10.1.1 or an event
of default under 10.1.2 or (ii) more than 2 instances of default, cured or uncured, under
these Sections, City reserves the right at its sole option to terminate this Contract effective
immediately upon written notice of such intent with no penalty or liability to City.
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10.1.5 Notwithstanding anything to the contrary herein, City will not be
required to pay any CDBG Funds to Agency during the period that any Reimbursement
Request, report or documentation is past due or is not in compliance with this Contract or
the CDBG Regulations, or during any period during which Agency is in default of this
Contract.
10.1.6 In the event of termination under this Section 10.1, all CDBG Funds
awarded but unpaid to Agency pursuant to this Contract shall be immediately forfeited and
Agency shall have no further right to such funds.
10.2 Failure to Maintain Records or Submit Reports and
Documentation.
If Agency fails to maintain all records and documentation as required in Section 8,
or if the maintained or submitted report or documentation is not in compliance with this
Contract or the CDBG Regulations as determined by City in its sole discretion, City will
notify Agency in writing and Agency will have 30 calendar days from the date of the
written request to obtain or recreate the missing records and documentation or submit or
resubmit any such report or documentation to City. If Agency fails to maintain the required
reports or documentation, or fails to submit or resubmit any such report or documentation
within such time, City shall have the right to terminate this Contract effective immediately
upon written notice of such intent with no penalty or liability to City.
10.2.1 In the event of termination under this Section 10.2, all CDBG Funds
awarded but unpaid to Agency pursuant to this Contract shall be immediately forfeited and
Agency shall have no further right to such funds, and any CDBG Funds paid to Agency
must be repaid to City within 30 days of termination. If such CDBG Funds are not repaid
to City within the 30 day period, City shall exercise all legal remedies available under this
Contract.
10.3 In General.
10.3.1 Subject to Section 10.2, and unless specifically provided otherwise in
this Contract, Agency shall be in default under this Contract if Agency breaches any term
or condition of this Contract. In the event that such a breach remains uncured after 30
calendar days following written notice by City (or such other notice period as may be
specified herein) or, if Agency has diligently and continuously attempted to cure following
receipt of such written notice but reasonably requires more than 30 calendar days to cure,
as determined by both Parties mutually and in good faith, City shall have the right to elect
in City's sole discretion to (i) extend Agency's time to cure, (ii) terminate this Contract
effective immediately upon written notice of such intent to Agency, or (iii) pursue any
other legal remedies available to City under this Contract.
10.3.2 City's remedies may include:
10.3.2.1 Direct Agency to prepare and follow a schedule of actions
for carrying out the affected activities, consisting of
schedules, timetables and milestones necessary to
implement the affected activities.
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10.3.2.2 Direct Agency to establish and follow a management plan
that assigns responsibilities for carrying out the remedial
activities.
10.3.2.3 Reprogram CDBG Funds that have not yet been expended
from affected activities to other eligible activities or
withhold CDBG Funds.
10.3.2.4 Any other appropriate action including but not limited to any
remedial action legally available such as declaratory
judgment, specific performance, damages, temporary or
permanent injunctions, termination of this Contract or any
other contracts with Agency, and any other available
remedies.
10.3.3 In the event of termination under this Section 10.3, all CDBG Funds
awarded but unpaid to Agency pursuant to this Contract shall be immediately forfeited and
Agency shall have no further right to such funds, and any CDBG Funds already paid to
Agency must be repaid to City within 30 days of the termination. Failure to repay such
CDBG Funds within the 30 day period will result in City exercising all legal remedies
available under this Contract.
10.4 No Funds Disbursed while in Breach.
Agency understands and agrees that no CDBG Funds will be paid to Agency until
all defaults are cured to City's satisfaction.
10.5 No Compensation After Date of Termination.
Agency shall not receive any compensation for work undertaken after the date of
the termination.
10.6 Rights of City Not Affected.
Termination shall not affect or terminate any of the existing rights of City against
Agency, or which may thereafter accrue because of Agency's default and this provision
shall be in addition to any and all other rights and remedies available to City under the law.
Such termination does not terminate any provisions of this Contract that have been
expressly noted as surviving the term or termination of the Contract. No delay or omission
by City in exercising any right or remedy available to it under this Contract shall impair
any such right or remedy or constitute a waiver or acquiescence in any Agency default.
10.7 Waiver of Breach Not Waiver of Subsequent Breach.
The waiver of a default or breach of any term, covenant, or condition of this
Contract shall not operate as a waiver of any subsequent default or breach of the same or
any other term, covenant or condition hereof.
10.8 Civil, Criminal and Administrative Penalties.
Failure to perform all the Contract terms may result in civil, criminal or
administrative penalties, including,but not limited to those set out in this Contract.
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10.9 Termination for Cause.
10.9.1 City may terminate this Contract in the event of Agency's default,
inability, or failure to perform subject to notice, grace and cure periods. In the event City
terminates this Contract for cause, all CDBG Funds awarded but unpaid to Agency
pursuant to this Contract shall be immediately rescinded and Agency shall have no further
right to such funds and any CDBG Funds already paid to Agency must be repaid to City
within 30 days of termination. Failure to repay such CDBG Funds within 30 days will
result in City exercising all legal remedies available to City under this Contract. AGENCY
ACKNOWLEDGES AND AGREES THAT IF CITY TERMINATES THIS
CONTRACT FOR CAUSE, AGENCY OR ANY AFFILIATES OF AGENCY
SHALL NOT BE CONSIDERED FOR ANY OTHER CITY CONTRACT FOR
CDBG FUNDS FOR A MINIMUM OF 5 YEARS FROM THE DATE OF
TERNIINATION.
10.9.2 Agency may terminate this Contract if City does not provide the CDBG
Funds substantially in accordance with this Contract.
10.10 Termination for Convenience.
In terminating in accordance with 2 CFR Part 200, Appendix II, this Contract may
be terminated in whole or in part only as follows:
10.10.1 By City with the consent of Agency in which case the Parties shall agree
upon the termination conditions, including the effective date and in the case of partial
termination, the portion to be terminated; or
10.10.2 By Agency upon at least 30 days written notification to City, setting
forth the reasons for such termination, the effective date, and in the case of partial
termination, the portion to be terminated. In the case of a partial termination, City may
terminate the Contract in its entirety if City determines in its sole discretion that the
remaining portion of the Contract to be performed or CDBG Funds to be spent will not
accomplish the purposes for which the Contract was made.
10.11 Dissolution of Agency Terminates Contract.
This Contract shall terminate in the event Agency is dissolved or ceases to exist.
In the event of termination under this Section, all CDBG Funds are subject to repayment
and/or City may exercise all of its remedies under this Contract.
10.12 Non-appropriation of Funds.
In the event no funds or insufficient funds are appropriated by City in any fiscal
period for any payments due hereunder, City will notify Agency of such occurrence and
this Agreement shall terminate on the last day of the fiscal period for which appropriations
were received without penalty or expense to City of any kind whatsoever, except as to the
portions of the payments herein agreed upon for which funds have been appropriated.
10.13 Reversion of Assets.
In the event this Contract is terminated with or without cause, all assets acquired
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by Agency with the CDBG Funds including cash, interest payments from loans or
otherwise, all outstanding notes, mortgages or other security instruments, any accounts
receivable attributable to the use of the CDBG Funds, and any real or personal property
owned by Agency that was improved with the CDBG Funds shall automatically transfer to
City or to such assignee as City may designate.
11. REPAYMENT OF CDBG FUNDS.
All CDBG Funds are subject to repayment in the event the Program does not meet
the requirements of this Contract or in the CDBG Regulations. If Agency takes any action
that results in the City being required to repay all or any portion of the CDBG Funds
to HUD, Agency agrees it will reimburse City within thirty days of notice from the
City for such repayment. Additionally,if Agency takes any action that results in City
receiving a finding from HUD about the Program,whether or not repayment of all or
any portion of the CDBG Funds is required of City, Agency agrees City may require
that 10% of the CDBG Funds be repaid to City as liquidated damages. The Parties
agree that City's damages in the event of either repayment to HUD being required or
receiving a fmding from HUD are uncertain and would be difficult to ascertain and may
include an impact on City's CDBG grant or other federal grant funds, in addition to the
finding by HUD or a required repayment of funds to HUD by City. Therefore, the Parties
agree that payment under this Section of 10% of the CDBG Funds by Agency to City is
liquidated damages and not a penalty.
12. CHANGE IN NON-PROFIT STATUS.
Agency must provide City with written notification of any changes to its non-profit
status within 15 calendar days of being notified of the change. Regardless of notice by
Agency,if the non-profit status of Agency changes after the date of this Contract, City may
but is not obligated to, terminate this Contract. In the event of termination under this
Section 12, all CDBG Funds awarded but not yet paid to Agency pursuant to this Contract
shall be immediately rescinded and Agency shall have no further right to such funds. City,
in its sole discretion, may require that any CDBG Funds already paid to Agency must be
repaid to City within 30 calendar days of termination under this Section.
13. SURVIVAL.
Any provision of this Contract that pertains to auditing, monitoring, indemnity
obligations, client income eligibility, record keeping and reports, City ordinances, or
applicable CDBG requirements, and any default and enforcement provisions necessary to
enforce such provisions, shall survive the termination of this Contract for 5 years after the
Contract term ends and shall be enforceable by City against Agency. For purposes of this
Contract, unless this contract is earlier terminated, this 5 year period for survival of certain
Contract provisions is deemed to begin on October 1, 2023, or October 1, 2024, if this
Contract is extended and end no later than September 30, 2029.
14. GENERAL PROVISIONS
14.1 Agency an Independent Contractor.
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Agency shall operate hereunder as an independent contractor and not as an officer,
agent, servant or employee of City. Agency shall have exclusive control of, and the
exclusive right to control, the details of the work and services performed hereunder, and
all persons performing same, and shall be solely responsible for the acts and omissions of
its officers, members, agents, servants, employees, contractors, subcontractors, vendors,
clients, licensees or invitees.
14.2 Doctrine of Respondeat Superior.
The doctrine of respondeat superior shall not apply as between City and Agency,
or its officers,members, agents, servants, employees, contractors, subcontractors,vendors,
clients,licensees or invitees,and nothing herein shall be construed as creating a partnership
or joint enterprise between City and Agency. City does not have the legal right to control
the details of the tasks performed hereunder by Agency, its officers, members, agents,
employees, contractors, subcontractors, vendors, clients, licensees or invitees.
14.3 Agency Property.
City shall under no circumstances be responsible for any property belonging to
Agency, or its officers,members, agents, employees, contractors, subcontractors, vendors,
clients, licensees or invitees that may be lost, stolen or destroyed or in any way damaged
and AGENCY HEREBY INDEMNIFIES AND HOLDS HARMLESS CITY AND
ITS OFFICERS, AGENTS, AND EMPLOYEES FROM ANY AND ALL CLAIMS
OR SUITS PERTAINING TO OR CONNECTED WITH SUCH PROPERTY.
14.5 Religious Organization.
Agency shall comply with all applicable requirements as more particularly
described in 24 CFR Part 5.109. No portion of the CDBG Funds shall be used in support
of any sectarian or religious activity. In addition,there must be no religious or membership
criteria for clients of a CDBG-funded service.
14.5.1. Separation of Explicitly Religious Activities.
Agency retains its independence and may continue to carry out its mission,
including the definition, development practice, and expression of its religious beliefs,
provided that it does not use CDBG Funds to support or engage in any explicitly religious
activities (including activities that involve overt religious content such as worship,
religious instruction, or proselytization), or in any other manner prohibited by law.
14.5.2 Explicitly Religious Activities.
If Agency engages in explicitly religious activities (including activities that involve
overt religious content such as worship, religious instruction, or proselytization), the
explicitly religious activities must be offered separately, in time or location, from the
programs or activities supported by CDBG Funds and participation must be voluntary for
clients of a CDBG-funded service.
14.5.3 Required Notices.
If Agency constitutes a Faith-based organization under 24 CFR Part 5.109, Agency
must provide all clients of a CDBG-funded service with the notice attached as EXHIBIT
"K"—Notice of Beneficiary Rights. Such notice shall be provided to the client prior to
enrollment in any CDBG-funded program or activity. In addition,if a client or prospective
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client of a CDBG-funded service objects to the religious character of Agency,then Agency
must promptly undertake reasonable efforts to identify and refer the client or prospective
client to an alternate provider to which the client or prospective client has no such
objection, as more particularly described in 24 CFR Part 5.109.
14.6 Venue.
Venue shall lie in state courts in Tarrant County, Texas or the United States
District Court for the Northern District of Texas, Fort Worth Division for any action,
whether real or asserted, at law or in equity, arising out of the execution,performance,
attempted performance or non-performance of this Contract.
14.7 Governing Law.
This Contract shall be governed by and construed in accordance with the laws of
the State of Texas. If any action, whether real or asserted, at law or in equity, arises out of
the execution, performance or non-performance of this Contract or on the basis of any
provision herein, for any issue not governed by federal law, the choice of law shall be the
laws of the State of Texas.
14.8 Severability.
The provisions of this Contract are severable, and if for any reason a clause,
sentence, paragraph or other part of this Contract shall be determined to be invalid by a
court or federal or state agency, board or commission having jurisdiction over the subject
matter thereof, such invalidity shall not affect other provisions which can be given effect
without the invalid provision.
14.9 Written Agreement Entire Contract.
This written instrument and the Exhibits, Attachments, and Addendums attached
hereto, which are incorporated by reference and made a part of this Contract for all
purposes, constitute the entire agreement by the Parties concerning the work and services
to be performed under this Contract. Any prior or contemporaneous oral or written
agreement which purports to vary the terms of this Contract shall be void. Any
amendments to the terms of this Contract must be in writing and executed by the Parties.
14.10 Paragraph Headings for Reference Only, No Legal Significance;
Number and Gender.
The paragraph headings contained herein are for convenience in reference to this
Contract and are not intended to define or to limit the scope of any provision of this
Contract. When context requires, singular nouns and pronouns include the plural and the
masculine gender shall be deemed to include the feminine or neuter and the neuter gender
to include the masculine and feminine. The words "include" and "including" whenever
used herein shall be deemed to be followed by the words "without limitation".
14.11 Compliance With All Applicable Laws and Regulations.
Agency agrees to comply fully with all applicable laws and regulations that are
currently in effect or that are hereafter amended during the performance of this Contract.
Those laws include,but are not limited to:
➢ CDBG Regulations found in 24 CFR Part 570
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➢ Title I of the Housing and Community Development Act of 1974, as amended,
(42 USC 5301)
➢ Title VI of the Civil Rights Act of 1964 (42 U.S.C. Sections 2000d et seq.)
including provisions requiring recipients of federal assistance to ensure
meaningful access by persons of limited English proficiency
➢ The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C.
Sections 3601 et seq.)
➢ Executive Orders 11063, 11246 as amended by 11375 and 12086 and as
supplemented by Department of Labor regulations 41 CFR Part 60
➢ The Age Discrimination in Employment Act of 1967
➢ The Age Discrimination Act of 1975 (42 U.S.C. Sections 6101 et seq.)
➢ The Uniform Relocation Assistance and Real Property Acquisition Policies Act
of 1970 (42 U.S.C. Sections 4601 et seq. and 49 CFR Part 24) ("URA")
➢ Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. Sections 794 et seq.)
and 24 CFR Part 8 where applicable
➢ National Environmental Policy Act of 1969, as amended, 42 U.S.C. Sections
4321 et seq. ("NEPA") and the related authorities listed in 24 CFR Part 58.
➢ The Clean Air Act,as amended, (42 U.S.C. Sections 1251 et seq.)and the Clean
Water Act of 1977,as amended(33 U.S.C. Sections 1251 et seq.)and the related
Executive Order 11738. In no event shall any amount of the assistance provided
under this Contract be utilized with respect to a facility that has given rise to a
conviction under the Clean Air Act or the Clean Water Act.
➢ Immigration Reform and Control Act of 1986 (8 U.S.C. Sections 1101 et seq.)
specifically including the provisions requiring employer verifications of legal
status of its employees
➢ The Americans with Disabilities Act of 1990 (42 U.S.C. Sections 12101 et
seq.), the Architectural Barriers Act of 1968 as amended (42 U.S.C. Sections
4151 et seq.)and the Uniform Federal Accessibility Standards,24 CFR Part 40,
Appendix A
➢ Regulations at 24 CFR Part 87 related to lobbying, including the requirement
that certifications and disclosures be obtained from all covered persons
➢ Drug Free Workplace Act of 1988 (41 U.S.C. Sections 701 et seq.)and 24 CFR
Part 23, Subpart F
➢ Executive Order 12549 and 24 CFR Part 5.105(c) pertaining to restrictions on
participation by ineligible, debarred or suspended persons or entities
➢ Section 6002 of the Solid Waste Disposal Act, as amended by the Resource
Conservation and Recovery Act
➢ Guidelines of the Environmental Protection Agency at 40 CFR Part 247
➢ For contracts and subgrants for construction or repair, Copeland "Anti-
Kickback"act(18 U.S.C. 874) as supplemented in 29 CFR Part 5
➢ For construction contracts awarded by Agency in excess of $2,000, and in
excess of $2,500 for other contracts which involve the employment of
mechanics or laborers, Sections 103 and 107 of the Contract Work Hours and
Safety Standards Act(40 U.S.C. 327A 300)as supplemented by 29 CFR Part 5
➢ Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et seq.), as
amended by the Residential Lead-Based Paint Hazard Reduction Act of 1992
(42 U.S.C. 4851 et seq.) and implementing regulations at 24 CFR Part 35,
subparts A, B, M, and R
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➢ Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards, 2 CFR Part 200 et seq.
➢ Federal Funding Accountability and Transparency Act of 2006 ("FFATA")
(Pub.L. 109-282, as amended by Section 6205(a)of Pub.L. 110-252 and Section
3 of Pub.L. 113-101)
➢ Federal Whistleblower Regulations, as contained in 10 U.S.C. 2409, 41 U.S.C.
4712, 10 U.S.C. 2324, 41 U.S.C. 4304 and 41 U.S.C. 4310.
14.12 HUD Assisted ftoieets and Employment and other-Eeonomk
14.13 Prohibition Against Discrimination.
14.13.1 General Statement.
Agency shall comply in the execution, performance or attempted performance of
this Contract, with all non-discrimination requirements of 24 CFR Part 570.607 and
Chapter 17, Article III, Division 4 — Fair Housing of the City Code. Agency may not
discriminate against any person because of race, color, sex, gender, religion, national
origin, familial status, disability or perceived disability, sexual orientation, gender identity,
gender expression, or transgender, nor will Agency permit its officers, members, agents,
employees, or clients to engage in such discrimination.
This Contract is made and entered into with reference specifically to Chapter 17,
Article III, Division 3 - Employment Practices of the City Code, and Agency hereby
covenants and agrees that Agency, its officers, members, agents, employees and
contractors, have fully complied with all provisions of same and that no employee, or
applicant for employment has been discriminated against under the terms of such
ordinances by either or its officers, members, agents, employees or contractors.
14.13.2 No Discrimination in Employment during the Performance of This
Contract.
During the performance of this Contract Agency agrees to the following provision,
and will require that its contractors and subcontractors also comply with such provision by
including it in all contracts with its contractors:
[Contractor's, Subcontractor's or Vendor's name] will not unlawfully discriminate
against any employee or applicants for employment because of race, color, sex, gender,
religion, national origin, familial status, disability or perceived disability, sexual
orientation, gender identity, gender expression or transgender. [Contractor's,
Subcontractor's or Vendor's name] will take affirmative action to ensure that applicants
are hired without regard to race, color, sex,gender,religion,national origin, familial status,
disability or perceived disability, sexual orientation, gender identity, gender expression or
transgender and that employees are treated fairly during employment without regard to
their race, color, sex, gender, religion, national origin, familial status, disability or
perceived disability, sexual orientation, gender identity, gender expression or transgender.
Such action shall include, but not be limited to, the following: employment, upgrading,
demotion or transfer, recruitment or recruitment advertising, layoff or termination,rates of
pay or other forms of compensation, and selection for training, including apprenticeship.
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[Contractor's, Subcontractor's or Vendor's name] agrees to post in conspicuous places,
available to employees and applicants for employment,notices setting forth the provisions
of this nondiscrimination clause.
[Contractor's, Subcontractor's or Vendor's name] will, in all solicitations or
advertisements for employees placed by or on behalf of[Contractor's, Subcontractor's or
Vendor's name], state that all qualified applicants will receive consideration for
employment without regard to race, color, sex, gender, religion, national origin, familial
status, disability or perceived disability, sexual orientation, gender identity, gender
expression or transgender.
[Contractor's, Subcontractor's or Vendor's name] covenants that neither it nor any
of its officers, members, agents, employees, or contractors, while engaged in performing
this Contract, shall, in connection with the employment, advancement or discharge of
employees or in connection with the terms, conditions or privileges of their employment,
discriminate against persons because of their age or because of any disability or perceived
disability, except on the basis of a bona fide occupational qualification, retirement plan or
statutory requirement.
[Contractor's, Subcontractor's or Vendor's name] further covenants that neither it
nor its officers,members, agents, employees,contractors, or persons acting on their behalf,
shall specify, in solicitations or advertisements for employees to work on this Contract, a
maximum age limit for such employment unless the specified maximum age limit is based
upon a bona fide occupational qualification, retirement plan or statutory requirement.
14.13.3 Agency's Contractors and the ADA.
In accordance with the provisions of the Americans With Disabilities Act of 1990
("ADA"), Agency warrants that it and any of its contractors will not unlawfully
discriminate on the basis of disability in the provision of services to the general public,nor
in the availability, terms and/or conditions of employment for applicants for employment
with, or employees of, Agency or any of its contractors. AGENCY WARRANTS IT
WILL FULLY COMPLY WITH THE ADA'S PROVISIONS AND ANY OTHER
APPLICABLE FEDERAL, STATE AND LOCAL LAWS CONCERNING
DISABILITY AND WILL DEFEND,INDEMNIFY AND HOLD CITY HARMLESS
AGAINST ANY CLAIMS OR ALLEGATIONS ASSERTED BY THIRD PARTIES,
CONTRACTORS SUBCONTRACTORS, VENDORS OR AGENTS AGAINST
CITY ARISING OUT OF AGENCY'S AND/OR ITS CONTRACTORS',
SUBCONTRACTORS', VENDORS' OR AGENTS' OR THEIR RESPECTIVE
EMPLOYEES' ALLEGED FAILURE TO COMPLY WITH THE ABOVE-
REFERENCED LAWS CONCERNING DISABILITY DISCRIMINATION IN THE
PERFORMANCE OF THIS CONTRACT.
14.14. Conflicts of Interest and Violations of Criminal Law.
14.14.1 Agency Safeguards.
Agency shall establish safeguards to prohibit its employees, board members,
advisors and agents from using positions for a purpose that is or gives the appearance of
being motivated by a desire for private gain for themselves or others, particularly those
CDBG 51%PSA CONTRACT 2022-23 Page 24
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with whom they have family,business or other ties. Agency shall disclose to City any such
conflict of interest or potential conflict of interest, immediately upon discovery of such.
14.14.2 General Prohibitions Against Conflicts of Interest.
No employees, agents, consultants, officers or elected officials or appointed
officials of City or of Agency who exercise or have exercised any functions or
responsibilities with respect to activities assisted with CDBG funds or who are in a position
to participate in a decision-making process or gain inside information with regard to these
activities may utilize CDBG services, may obtain a financial interest or benefit from a
CDBG-assisted activity, or have an interest in any contract, subcontract or agreement with
respect thereto, or the proceeds thereunder, either for themselves or those with whom they
have family or business ties, during their tenure or for 1 year thereafter.
14.14.2.1 Agency shall establish conflict of interest policies for federal
awards including the CDBG Funds and shall disclose in
writing potential conflicts of interest to City as authorized by
2 CFR Part 200.112.
14.14.3 Conflicts of Interest Involving Procurement.
The conflict of interest provisions of 2 CFR Part 200.318 shall apply in the
procurement of property and services by Agency. In all cases not governed by this Section,
the provisions of 24 CFR Part 570.611 of the CDBG Regulations shall apply.
14.14.3.1 As more particularly described in 2 CFR Part 200.318,
Agency shall maintain and submit to City written standards
of conduct covering conflicts of interest and governing the
performance of its employees engaged in the selection,
award, and administration of contracts. No employee,
officer, or agent may participate in the selection, award, or
administration of a contract supported by a federal award if
he or she has a real or apparent conflict of interest. The
standards of conduct must provide for disciplinary actions to
be applied for violations of such standards by officers,
employees, or agents of Agency.
14.14.3.2 The officers, employees, and agents of Agency shall neither
solicit nor accept gratuities, favors, or anything of monetary
value from contractors or parties to subcontracts.
14.14.3.3 Notwithstanding the prohibition contained in Section
14.14.3.2, Agency may set standards of conduct for
situations in which the financial interest is not substantial or
the gift is an unsolicited item of nominal value. Such
standards of conduct must provide for disciplinary actions to
be applied for violations of such standards by Agency's
officers, employees or agents.
14.14.3.4 Agency shall maintain written standards of conduct covering
organizational conflicts of interest. Organizational conflicts
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of interest means that because of relationships with a parent
company, affiliate, or subsidiary organization, Agency is
unable or appears to be unable to be impartial in conducting
a procurement action involving a related organization.
14.14.3.5 Agency must maintain records sufficient to detail the history
of procurement. These records will include, but are not
necessarily limited to the following: rationale for the method
of procurement, selection of contract type, contractor
selection or rejection, and the basis for the contract price.
14.14.4 Disclosure of Conflicts of Interest.
In compliance with 2 CFR Part 200.112, Agency is required to timely disclose to
City in writing any potential conflict of interest.
14.14.5 Disclosure of Texas Penal Code Violations.
Agency affirms that it will adhere to the provisions of the Texas Penal Code which
prohibit bribery and gifts to public servants.
14.14.6 Disclosure of Federal Criminal Law Violations.
In compliance with 2 CFR Part 200.113, Agency is required to timely disclose to
City all violations of federal criminal law involving fraud, bribery or gratuity violations
potentially affecting the Agency.
14.15 Subcontracting with Small and Minority Firms,Women's Business
Enterprises and Labor Surplus Areas.
14.15.1 For procurement contracts $50,000.00 or larger that are paid for, in part
or in full, with the CDBG Funds, Agency agrees to abide by City's policy to involve
Minority Business Enterprises and Small Business Enterprises and to provide them equal
opportunity to compete for contracts for construction, provision of professional services,
purchase of equipment and supplies and provision of other services required by City.
Agency agrees to incorporate the City's BDE Ordinance, and all amendments or successor
policies or ordinances thereto, into all contracts and subcontracts for procurement larger
than$50,000.00 or larger that are paid for,in part or in full,with the CDBG Funds and will
further require all persons or entities with which it so contracts to comply with said
ordinance.
14.15.2 It is national policy to award a fair share of contracts to disadvantaged
business enterprises ("DBEs"), small business enterprises ("SBEs"), minority business
enterprises ("MBEs"), and women's business enterprises ("WBEs"). Accordingly,
affirmative steps must be taken to assure that DBEs, SBEs, MBEs, and WBEs are utilized
when possible as sources of supplies, equipment, construction and services.
14.15.2.1 In order to comply with federal reporting requirements 24
CFR Part 570.506 (g)(6), Agency must submit the form
attached hereto as EXHIBIT "I" —MBE Reporting Form
for each contract or subcontract with a value of$10,000.00
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or more paid or to be paid with the CDBG Funds. Agency
shall submit this form by the date specified in EXHIBIT"I"
—MBE Reporting Form.
14.16 Other Laws.
The failure to list any federal, state or City ordinance, law or regulation that is
applicable to Agency does not excuse or relieve Agency from the requirements or
responsibilities in regard to following the law, nor from the consequences or penalties for
Agency's failure to follow the law, if applicable.
14.17 Assignment.
Agency shall not assign all or any part of its rights, privileges, or duties under this
Contract without the prior written approval of City. Any attempted assignment of same
without approval shall be void, and shall constitute a breach of this Contract.
14.18. Right to Inspect Agency Contracts.
It is agreed that City has the right to inspect and approve in writing any proposed
contracts between Agency and any contractor or vendor engaged in any activity in
conjunction with this CDBG-funded Program prior to any charges being incurred.
14.19 Force Maieure
If Agency becomes unable, either in whole or part, to fulfill its obligations under
this Contract due to acts of God, strikes, lockouts, or other industrial disturbances, acts of
public enemies, wars, blockades, insurrections, riots, epidemics, pandemics, earthquakes,
fires, floods, restraints or prohibitions by any court, board, department, commission or
agency of the United States or of any States, civil disturbances, or explosions, or some
other reason beyond Agency's control (collectively, "Force Majeure Event"), the
obligations so affected by such Force Majeure Event will be suspended only during the
continuance of such event. Agency will give City written notice of the existence, extent
and nature of the Force Majeure Event as soon as reasonably possible after the occurrence
of the event. Failure to give notice will result in the continuance of Agency's obligation
regardless of the extent of any existing Force Majeure Event. Agency will use
commercially reasonable efforts to remedy its inability to perform as soon as possible.
14.20 IMMIGRATION NATIONALITY ACT.
Agency shall verify the identity and employment eligibility of its employees who
perform work under this Contract, including completing the Employment Eligibility
Verification Form (I-9). Upon request by City, Agency shall provide City with copies of
all I-9 forms and supporting eligibility documentation for each employee who performs
work under this Contract. Agency shall adhere to all Federal and State laws as well as
establish appropriate procedures and controls so that no services will be performed by any
Agency employee who is not legally eligible to perform such services. AGENCY SHALL
INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES,
LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY
AGENCY, AGENCY'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR
LICENSEES. City, upon written notice to Agency, shall have the right to immediately
terminate this Contract for violations of this provision by Agency.
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15. INDEMNIFICATION AND RELEASE.
AGENCY COVENANTS AND AGREES TO INDEMNIFY, HOLD
HARMLESS AND DEFEND,AT ITS OWN EXPENSE,CITY AND ITS OFFICERS,
AGENTS, SERVANTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL
CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL
INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF
WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED,
ARISING OUT OF OR IN CONNECTION WITH THE EXECUTION,
PERFORMANCE, ATTEMPTED PERFORMANCE OR NONPERFORMANCE
OF THIS CONTRACT AND/OR THE OPERATIONS, ACTIVITIES AND
SERVICES OF THE PROGRAM DESCRIBED HEREIN, WHETHER OR NOT
CAUSED IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF
OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS OR
SUBCONTRACTORS OF CITY; AND AGENCY HEREBY ASSUMES ALL
LIABILITY AND RESPONSIBILITY OF CITY AND ITS OFFICERS, AGENTS,
SERVANTS, AND EMPLOYEES FOR ANY AND ALL CLAIMS OR SUITS FOR
PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY, INCLUDING
DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KINDS OR
CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN
CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED
PERFORMANCE OR NONPERFORMANCE OF THIS CONTRACT AND/OR
THE OPERATIONS, ACTIVITIES AND SERVICES OF THE PROGRAM
DESCRIBED HEREIN, WHETHER OR NOT CAUSED IN WHOLE OR IN PART
BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS,
EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS OF CITY. AGENCY
LIKEWISE COVENANTS AND AGREES TO AND DOES HEREBY INDEMNIFY
AND HOLD HARMLESS CITY FROM AND AGAINST ANY AND ALL INJURY,
DAMAGE OR DESTRUCTION OF PROPERTY OF CITY,ARISING OUT OF OR
IN CONNECTION WITH ALL ACTS OR OMISSIONS OF AGENCY, ITS
OFFICERS, MEMBERS, AGENTS, EMPLOYEES, CONTRACTORS,
SUBCONTRACTORS, INVITEES, LICENSEES, OR CLIENTS, OR CAUSED, IN
WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS,
SERVANTS, EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS OF
CITY.
IT IS THE EXPRESS INTENTION OF THE PARTIES, BOTH AGENCY
AND CITY, THAT THE INDEMNITY PROVIDED FOR THIS SECTION
INCLUDES INDEMNITY BY AGENCY TO INDEMNIFY AND PROTECT CITY
FROM THE CONSEQUENCES OF CITY'S OWN NEGLIGENCE, WHETHER
THAT NEGLIGENCE IS ALLEGED TO BE THE SOLE OR CONCURRING
CAUSE OF THE INJURY, DAMAGE OR DEATH.
AGENCY AGREES TO AND SHALL RELEASE CITY, ITS AGENTS,
EMPLOYEES, OFFICERS AND LEGAL REPRESENTATIVES FROM ALL
LIABILITY FOR INJURY, DEATH, DAMAGE OR LOSS TO PERSONS OR
PROPERTY SUSTAINED IN CONNECTION WITH OR INCIDENTAL TO
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PERFORMANCE UNDER THIS CONTRACT, EVEN IF THE INJURY, DEATH,
DAMAGE OR LOSS IS CAUSED BY CITY'S SOLE OR CONCURRENT
NEGLIGENCE.
AGENCY SHALL REQUIRE ALL OF ITS CONTRACTORS AND
SUBCONTRACTORS TO INCLUDE IN THEIR CONTRACTS AND
SUBCONTRACTS A RELEASE AND INDEMNITY IN FAVOR OF CITY IN
SUBSTANTIALLY THE SAME FORM AS ABOVE.
16. WAIVER OF IMMUNITY BY AGENCY.
If Agency, as a charitable or nonprofit organization, has or claims an immunity or
exemption (statutory or otherwise) from and against liability for damages or injury,
including death,to persons or property,Agency hereby expressly waives its rights to plead
defensively such immunity or exemption as against City. This Section shall not be
construed to affect a governmental entity's immunities under constitutional, statutory or
common law.
17. INSURANCE AND BONDING.
Agency will maintain coverage in the form of insurance or bond in the amount of
$50,000 to insure against loss from the fraud, theft or dishonesty of any of Agency's
officers, agents, trustees, directors or employees. The proceeds of such insurance or bond
shall be used to reimburse City for any and all loss of CDBG Funds occasioned by such
misconduct. To effectuate such reimbursement, such fidelity coverage shall include a rider
stating that reimbursement for any loss or losses shall name the City as a Loss Payee.
Agency shall furnish to City in a timely manner, but not later than the Effective
Date, certificates of insurance as proof that it has secured and paid for policies of
commercial insurance as specified herein. If City has not received such certificates by the
Effective Date, Agency shall be in default of the Contract and City may, at its option,
terminate the Contract.
Such insurance shall cover all insurable risks incident to or in connection with the
execution, performance, attempted performance or nonperformance of this Contract.
Agency shall maintain the following insurance coverage and limits:
Commercial General Liability(CGL) Insurance
$ 500,000 each occurrence
$1,000,000 aggregate limit
Non-Profit Organization Liability or Directors &Officers Liability
$1,000,000 Each Occurrence
$1,000,000 Annual Aggregate Limit
Business Automobile Liability Insurance
$1,000,000 each accident on a combined single-limit basis, or
$ 250,000 Property Damage
$ 500,000 Bodily Injury per person per occurrence
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$2,000,000 Aggregate
Insurance policy shall be endorsed to cover "Any Auto", defined as autos owned,
hired, and non-owned. Pending availability of the above coverage and at the
discretion of City,the policy shall be the primary responding insurance policy
versus a personal auto insurance policy if or when in the course of Agency's
business as contracted herein.
Workers' Compensation Insurance
Part A: Statutory Limits
Part B: Employer's Liability
$100,000 each accident
$100,000 disease-each employee
$500,000 disease-policy limit
Note: Such insurance shall cover employees performing work on any and all
projects including but not limited to construction, demolition, and rehabilitation.
Agency or its contractors shall maintain coverages, if applicable. In the event the
respective contractors do not maintain coverage, Agency shall maintain the
coverage on such contractor, if applicable, for each applicable contract.
Additional Requirements
Such insurance amounts shall be revised upward at City's reasonable option and no more
frequently than once every 12 months, and Agency shall revise such amounts within 30
days following notice to Contractor of such requirements.
Agency will submit to City documentation that it has obtained insurance coverage and has
executed bonds as required in this Contract prior to payment of any monies provided
hereunder.
Where applicable, insurance policies required herein shall be endorsed to include City as
an additional insured as its interest may appear. Additional insured parties shall include
employees, officers, agents, and volunteers of City.
Any failure on part of City to request certificate(s) of insurance shall not be construed as a
waiver of such requirement or as a waiver of the insurance requirements themselves.
Insurers of Agency's insurance policies shall be licensed to do business in the state of Texas
by the Department of Insurance or be otherwise eligible and authorized to do business in
the state of Texas. Insurers shall be acceptable to City insofar as their financial strength
and solvency and each such company shall have a current minimum A.M. Best Key Rating
Guide rating of A-: VII or other equivalent insurance industry standard rating otherwise
approved by City.
Deductible limits on insurance policies shall not exceed $5,000 per occurrence unless
otherwise approved by City.
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In the event there are any local, federal or other regulatory insurance or bonding
requirements for the Program, and such requirements exceed those specified herein, the
former shall prevail.
Agency shall require its contractors to maintain applicable insurance coverages, limits, and
other requirements as those specified herein; and Agency shall require its contractors to
provide Agency with certificate(s)of insurance documenting such coverage. Also,Agency
shall require its contractors to have City and Agency endorsed as additional insureds (as
their interest may appear) on their respective insurance policies.
Directors and Officers Liability coverage shall be in force and may be provided on a
claims-made basis. This coverage may also be referred to as Management Liability, and
shall protect the insured against claims arising out of alleged errors in judgment, breaches
of duty and wrongful acts arising out of their organizational duties. Coverage shall protect
not only the entity, but all past, present and future directors, officers, trustees, employees,
volunteers and committee members.
Notwithstanding any provision in this Contract to the contrary, when applicable,
Agency shall comply with the requirements of 2 CFR 200.310 and shall, at a
minimum, provide the equivalent insurance coverage for real property and
equipment acquired or improved with CDBG Funds as provided to property owned
by Agency.
18. CERTIFICATION REGARDING LOBBYING.
The undersigned representative of Agency hereby certifies,to the best of his or her
knowledge and belief, that:
No federal appropriated funds have been paid or will be paid, by or on behalf of
Agency, to any person for influencing or attempting to influence an officer or
employee of any agency, a member of Congress, an officer or employee of
Congress in connection with the awarding of any federal contract, the making of
any federal grant, the making of any federal loan, the entering into of any
cooperative agreement and the extension, continuation, renewal, amendment, or
modification of any federal contract, grant, loan or cooperative agreement.
If any funds other than federally appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence an officer or employee of
any agency, member of Congress in connection with this federal contract, grant,
loan or cooperative agreement,Agency shall complete and submit Standard Form-
LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
This certification is a material representation of fact upon which reliance was
placed when this Contract was made or entered into. Submission of this certificate
is a prerequisite for making or entering into this Contract imposed by 31 U.S.C.
Section 1352. Anyperson who fails to file the required certification shall be subject
to a civil penalty of not less than $10,000.00 and not more than $100,000.00 for
each such failure.
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Agency shall require that the language of this certification be included in all
subcontracts or agreements involving the expenditure of federal funds.
19. LITIGATION AND CLAIMS.
Agency shall give City immediate notice in writing of any action, including any
proceeding before an administrative agency, filed against Agency in conjunction with this
Contract or the Program. Agency shall furnish immediately to City copies of all pertinent
papers received by Agency with respect to such action or claim. Agency shall provide a
notice to City within 10 days upon filing under any bankruptcy or 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:
City Attorney's Office
200 Texas Street
Fort Worth, TX 76102
Telephone: 817-392-7600
Copy to:
Neighborhood Services Department
200 Texas Street
Fort Worth, TX 76102
Attention: Victor Turner
Telephone: 817-392-7540
Copy to:
Neighborhood Services Department
200 Texas Street
Fort Worth, TX 76102
Attention: Jerin Smith
Telephone: 817-3 92-6342
Agency:
Easter Seals North Texas, Inc.
Attention: Stacy Fraser
1424 Hemphill Street
Fort Worth, TX 76104
Telephone: 817-759-7961
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Easter Seals North Texas,Inc. Rev:08/23/2022
21. AGENCY HAS LEGAL AUTHORITY TO ENTER INTO CONTRACT.
Agency represents that it possesses the legal authority, pursuant to any proper,
appropriate and official motion, resolution or action passed or taken, to enter into this
Contract and to perform the responsibilities herein required.
22. COUNTERPARTS.
This Contract may be executed in multiple counterparts, each of which shall be
considered an original, but all of which shall constitute one instrument which may be
sufficiently evidenced by one counterpart.
23. PROGRAM INCOME
Parties agree that no program income as defined by HUD shall be earned as a result
of this contract.
24. PROHIBITION ON CONTRACTING WITH COMPANIES THAT
BOYCOTT ISRAEL
If Agency has less than ten employees, this contract is for less than $100,000, or
Agency does not meet the definition of a "company" under the applicable section of the
Texas Government Code, this provision shall not apply. Agency acknowledges that in
accordance with Chapter 2270 of the Texas Government Code, the City is prohibited from
entering into a contract with a company for goods or services unless the contract contains
a written verification from the company that it: (1)does not boycott Israel; and(2)will not
boycott Israel during the term of the contract. The terms "boycott Israel" and "company"
shall have the meanings ascribed to those terms in Section 808.001 of the Texas
Government Code. By signing this contract, Agency certifies that Agency's signature
provides written verification to the City that Agency: (1) does not boycott Israel; and (2)
will not boycott Israel during the term of the contract.
25. PROHIBITION ON BOYCOTTING ENERGY COMPANIES
Agency acknowledges that in accordance with Chapter 2274 of the Texas
Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2, the City is
prohibited from entering into a contract for goods or services that has a value of$100,000
or more that is to be paid wholly or partly from public funds of the City with a company
with 10 or more full-time employees unless the contract contains a written verification
from the company that it: (1) does not boycott energy companies; and (2) will not boycott
energy companies during the term of the contract. The terms "boycott energy company"
and "company" have the meaning ascribed to those terms by Chapter 2274 of the Texas
Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2. To the extent that
Chapter 2274 of the Government Code is applicable to this Agreement, by signing this
Agreement, Agency certifies that Agency's signature provides written verification to the
City that Agency: (1) does not boycott energy companies; and (2) will not boycott energy
companies during the term of this Agreement.
CDBG 51%PSA CONTRACT 2022-23 Page 33
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26. PROHIBITION ON DISCRIMINATION AGAINST FIREARM AND
AMMUNITION INDUSTRIES
Agency acknowledges that except as otherwise provided by Chapter 2274 of the
Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1, the City is
prohibited from entering into a contract for goods or services that has a value of$100,000
or more that is to be paid wholly or partly from public funds of the City with a company
with 10 or more full-time employees unless the contract contains a written verification
from the company that it: (1) does not have a practice, policy, guidance, or directive that
discriminates against a firearm entity or firearm trade association; and (2) will not
discriminate during the term of the contract against a firearm entity or firearm trade
association. The terms "discriminate," "firearm entity" and "firearm trade association"
have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code,
as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1. To the extent that Chapter 2274 of
the Government Code is applicable to this Agreement,by signing this Agreement, Agency
certifies that Agency's signature provides written verification to the City that Agency: (1)
does not have a practice, policy, guidance, or directive that discriminates against a firearm
entity or firearm trade association; and (2)will not discriminate against a firearm entity or
firearm trade association during the term of this Agreement.
[SIGNATURES APPEAR ON NEXT PAGE]
CDBG 51%PSA CONTRACT 2022-23 Page 34
Easter Seals North Texas,Inc. Rev:08/23/2022
IN WITNESS WHEREOF, the Parties hereto have executed 1 original of this
Contract in Fort Worth, Tarrant County, Texas.
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�arcreslfe--S. �oor7aCG aanXaSd Ja nnette S.Goodall(Dec 14,2022 07:55 CST) �ne
Jannette Goodall Fernando Costa
City Secretary Assistant City Manager
M&C: 22-0569
Date: August 9, 2022
1295 Certification No. 2022-2023 PSA RFP-CDBG
RECOMMENDED BY:
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Victor Turner
Neighborhood Services Director
APPROVED AS TO FORM AND LEGALITY:
Jo Gun Dec %202217:33CST)
Jo Ann Gunn
Assistant City Attorney
CONTRACT COMPLIANCE ADMINISTRATOR:
By signing, I acknowledge that I am the person responsible
for the monitoring and administration of this contract, including
ensuring all performance and reporting requirements
s
Jerin Smith
Neighborhood Development Specialist
EASTER SEALS NORTH TEXAS, INC.
TodTOdhrarvin(Nov30,202215:08 EST) OFFICIAL RECORD
Tod Marvin CITY SECRETARY
President FT.WORTH,TX
CDBG 51%PSA CONTRACT 2022-23 Page 35
Easter Seals North Texas,Inc. Rev:08/23/2022
EXHIBITS:
EXHIBIT "A"—Program Summary
EXHIBIT"A-1"—2022 HUD Income Limits
EXHIBIT"A-2"—Reporting Requirements for Countywide Agencies
EXHIBIT "B"—Budget
EXHIBIT"C"—Audit Certification Form
EXHIBIT "D"—Reimbursement Forms
EXHIBIT "E"—Form of Income Self-Certification
EXHIBIT"F"—Standards for Complete Documentation
EXHIBIT "G"—Section 3 Reporting Forms (NOT APPLICABLE)
EXHIBIT "H"—Severely Disabled Certification Form
EXHIBIT "I"—MBE Reporting Form
EXHIBIT "J"—Duties of the Parties for Use of NSD Community Centers
EXHIBIT "K"—Notice of Beneficiary Rights
CDBG 51%PSA CONTRACT 2022-23 Page 36
Easter Seals North Texas,Inc. Rev:08/23/2022
EASTER SEALS EXHIBIT"A"
Employment Services PROGRAM SUMMARY
PROGRAM SUMMARY
(CDBG Action Plan)
October 1, 2022-September 30, 2023 $50,000.00
PERIOD AMOUNT
Capitalized terms not defined herein shall have meanings assigned them in the Contract.
PROGRAM:
Program will provide a person-centered approach to job attainment for individuals, who are residents
of Fort Worth, aged 18 and up, who face barriers to employment, including: 1) individuals with
disabilities;2)individuals who are justice-involved; 3)individuals living at or below the poverty level;
4)individuals who are experiencing homelessness or are home insecure; and 5)veterans. Program will
match the skills and interests of these individuals with the best opportunities for success in the
workplace by actualizing long-term and gainful employment and empowering those individuals to
positively impact the community by becoming contributing members of society. Program will provide
the following: person-centered planning; employment readiness; supported employment; job
development and job placement; job coaching and ongoing follow up; retention and advancement
services; and training on ADA Advocacy.
CDBG Funds will be used to pay for staff salaries in order to provide direct outreach and job support
services to clients that will be served; teaching aids; and occupancy costs for the Job Club and
Resource Center that will be utilized for this program.
Agency's office is located at 1424 Hemphill Street, Fort Worth, TX 76104 where the agency will also
provide program services. Agency will also provide services virtually, as needed.
Agency will host weekly Job Club meetings for all participants, in addition to a separate Veterans'
Club meeting twice per week,with additional hours as needed. The Employment Services Coordinator
will also provide one-on-one coaching at least twice per week. Additionally, the agency will conduct
weekly outreach to local businesses, homeless shelters, and partner organizations to ensure they are
meeting the needs of those in the community who need support securing employment. Services will
be available Monday- Thursday from 8:30 am- 5:00 pm, and on Fridays from 8:30-noon.
Agency shall not change any locations without prior City approval. Costs incurred at any locations
that have not been approved by City shall not be reimbursed.
Agency is a Fort Worth Agency which means at least 90% of clients served by the Program are Fort
Worth residents. Agency will submit documentation which verifies that at least 51% of all clients
served by the Program, whether Fort Worth residents or not, are Income Eligible Clients with current
CDBG 51%PSA CONTRACT 2022-2023—EXHIBIT"A"—PROGRAM SLTN04ARY Page 1
Easter Seals North Texas,Inc.—Employment Services
household incomes at or below 80%of AMI.
REGULATORY CLASSIFICATION:
IDIS Matrix Code(s)and Service Category: 05H Employment Training
National Objective Citation: LMC Low/Mod Limited Clientele 24 CFR 570.208 (a)(2)
Regulatory Citation(s): 24 CFR 570.201(e)
Agency will maintain documentation which verifies that 51% of clients served by the Program are
Income Eligible Clients.
PROGRAM GOALS:
Minimum Fort Worth Agency Program Performance Outcome: At least 51% of all Program
clients must be Income Eligible Clients. Agency must furnish City a Certification of Income
Statement for all clients served. For example,if the Program serves 1,000 clients,510 must be Income
Eligible Clients. In this example, Agency would be required to furnish City 1,000 Certification of
Income Statements that prove at least 510 of the clients served by the Program are Income Eligible
Clients.
Minimum Number of Clients to be Served: The Program must serve a minimum of 90 Unduplicated
Clients as shown by the monthly reports on Attachment III.
When determining the number of clients which constitutes 51%,HUD regulations require that partial
numbers must be rounded up.
CDBG 51%PSA CONTRACT 2022-2023—EXHIBIT"A"—PROGRAM SUMMARY Page 2
Easter Seals North Texas,Inc.—Employment Services
EXHIBIT"A-1"
2022 HUD INCOME LIMITS
AN 1 person 2 people 3 people 4 people 5 people 6 people 7 people 8 people
30% $19,000 $21,700 $24,400 $27,100 $29,300 $31,450 $33,650 $35,800
50% $31,650 $36,200 $40,700 $45,200 $48,850 $52,450 $56,050 $59,700
60% $37,980 $43,440 $48,840 $54,240 $58,620 $62,940 $67,260 $71,640
80% $50,650 $57,850 $65,100 $72,300 $78,100 $83,900 $89,700 $95,450
*Income limits are published at least annually by HUD.
Effective 611512022
EXHIBIT "A-2"
REPORTING REQUIREMENTS FOR COUNTYWIDE AGENCIES
CDBG 51%PSA CONTRACT--EXHIBIT"A-2"
REPORTING REQUIREMENTS FOR COUNTYWIDE AGENCIES
REPORTING REQUIREMENTS FOR COUNTYWIDE AGENCIES
Quarterly Report
The purpose of the Quarterly Report is for the Countywide Agencies to report the number of non-Fort
Worth clients who participate in the Program. The Quarterly Report must be submitted with the
December, March, June and September Reimbursement Requests. The submission of the Quarterly
Report is through ZoomGrants. The information provided in the Quarterly Report will be reviewed
and monitored by the Neighborhood Services Department Compliance Division.
TOTALOF OF
REPORTINGDUE DATE • - WORTHCLIENTS CLIENTS •
A B C D E F
EXAMPLE: 250 200 450 250=450=55%
January 17,2023 October 1,2022—
December 31,2022
April 15,2023 January 1,2023—
March 30,2023
July 15,2023 April 1,2023—
June 30,2023
October 3,2023 July 1,2023—
September 30,2023
TOTAL
I, Agency representative, certify that I verified the information I reported this quarter and it is correct
to the best of my knowledge.
Certified by: Date:
Signature/Title:
CDBG 51%PSA CONTRACT--EXHIBIT"A-2"
REPORTING REQUIREMENTS FOR COUNTYWIDE AGENCIES
EXHIBIT "B" -BUDGET
Remaining
Account Grant Budget Balance Increase Decrease Total
PROGRAM PERSONNEL
Salaries 1001 $ 28,501.18
FICA 1002
Life/Disability Insurance 1003
Health/Dental Insurance 1004
Unemployment-State 1005
Worker's Compensation 1006
Retirement 1007
Staff Training 1008
SUPPLIES AND SERVICES
Office/Program Supplies 2001
Postage 2002
Printing 2003
Adv/Media,Dues/Pub,Printing,
Bank Fees
other 2004
MISCELLANEOUS
Contract Labor Food
Supplies/Meals(City needs copy
of contract before expenses can be
reimbursed) 3001
Food Supplies 3002
Teaching Aids 3003 $ 2,955.38
Craft Supplies 3004
Field Trip Expenses 3005
Mileage 3006
FACILITY AND UTILITIES
Telephone 4001
Electric 4002
Gas 4003
Water and Wastewater 4004
Solid Waste Disposal 4005
Rent(City needs copy of lease
before expenses can be
reimbursed) 4006 $ 18,543.44
Cleaning Supplies 4007
Repairs 4008
Custodial Services 4009
Utilities,Transportation,PP&E 4010
LEGAL,FINANCIAL AND
INSURANCE
Fidelity Bond or Equivalent 5001
Directors and Officers 5002
General Commercial Liability 5003
Page 1
Bank fees
volunteer
volunteer
Prof Fees 5004
DIRECT ASSISTANCE
Audit/IT/Legal Volunteer
Recruitment,Misc. 6001
BUDGET TOTAL $ 50,000.00 $ - $ - $ - $ 50,000.00
FUNDING A:
FUNDING B:
FUNDING C:
Page 2
The following tables were created for the purpose of preparing, negotiating, and determining the cost
reasonableness and cost allocation method used by the Agency for the line item budget represented on
the first page of this EXHIBIT "B" — Budget. The information reflected in the tables is to be
considered part of the terms and conditions of the Contract. Agency must have prior written approval
by the City to make changes to any line item in the Budget as outlined in Section 5.2.2 in the
Contract. The deadline to make changes to EXHIBIT "B"—Budget is April 3, 2023.
SALARY DETAIL-PROGRAM PERSONNEL
Est.Percent to Amount to
Position Title Annual Salary Grant Grant
Employment Coordinator $ 35,360.00 50.0% $ 17,680.00
Sr. Director, Community Supports $ 63,654.00 17.0% $ 10,821.18
TOTAL $ 99,014.00 $ 28,501.18
FRINGE DETAIL-PROGRAM PERSONNEL
Percent of Est.Percent to Amount to
Payroll Amount Grant Grant
FICA $ -
Life/Disability Insurance $ -
Health/DentalInsurance $ -
Unemployment-State $ -
Worker's Compensation $ -
Retirement $ -
Other $ -
TOTAL $
SUPPLIES AND SERVICES
Est.Percent to Amount to
Total Budget Grant Grant
Office/Program Supplies $ -
Postage
Printing $ -
Adv/Media, Dues/Pub, Printing, Bank Fees $ -
TOTAL
MISCELLANEOUS
Est.Percent to Amount to
Total Budget Grant Grant
Contract Labor
Food Supplies
Teaching Aids $ 2,955.38 100.00% $ 2,955.38
Craft Supplies
Field Trip Expenses
Mileage
TOTAL $ 2,955.38
FACILITY AND UTILITIES
Est.Percent to Amount to
Total Budget Grant Grant
Telephone $ -
Electric $ -
Gas
Water and Wastewater $ -
Solid Waste Disposal
50% of JM+17%
Rent $ 32,591.47 of SF $ 18,543.44
Cleaning Supplies $ -
Repairs
Custodial Services $ -
Utilities, Transportation,PP&E $ -
TOTAL $ 32,591.47 $ 18,543.44
LEGAL,FINANCIAL AND INSURANCE
Est.Percent to Amount to
Total Budget Grant Grant
Fidelity Bond or Equivalent
Directors and Officers
General Commercial Liability $ -
Prof Fees
TOTAL $ - $ -
DIRECT ASSISTANCE
Est.Percent to Amount to
Total Budget Grant Grant
Audit/IT/Legal Volunteer Recruitment,Misc. $ -
TOTAL $ - $ -
AUDIT CERTIFICATION FORM AND AUDIT REQUIREMENTS
Agency: Easter Seals North Texas
Fiscal Year Ending: September 30,2023
During the fiscal year in which funds will be received, we will exceed the federal expenditure
threshold of$750,000. We will have our Single Audit or Program Specific Audit completed
and will submit the audit report described in 2 CFR Part 200 within 7 months after the end
of the audited fiscal year or 30 days within its completion, whichever is the earlier date.
(Report will be delivered by the Agency with 9 months per § 200.512 Report submission
section (a)prui (1) ).
D During the fiscal year in which funds will be received, we will not exceed the $750,000 federal
expenditure threshold required for a Single Audit or a Program Specific Audit to be performed
this fiscal year. (Fill out schedule below)
Federal Expenditure Disclosure
MUST be filled out ifSinwe Audit or ProJ:rram Audit is NOT required.
Pass Through Program Name& Contract
Federal Grantor Grantor CFDANumber Number Expenditures
Total Federal Expenditures for this Fiscal Year:
Signatory and Title Date
Failure to submit this or a similar statement or failure to submit a completed single audit package
as described in the federally required audit requirements described in 2 CFR Part 200, as
applicable,by the required due date may result in suspension of funding and may affect eligibility
for future funding. Notwithstanding the above, this certification acknowledges the agency's
commitment to meet all other financial reporting, financial statements, and other audit
requirements as may be set forth in the Contract.
CDBG-CV 51% PSA CONTRACT 2021 -EXHIBIT "C" -AUDIT CERTIFICATION FORM 2
Exhibit D
Attachment I-Request Summary
Agency:
Address:
City,State,Zip:
Program:
Month of Service:
Tax ID Number:
Contract Number:
Case ID:
P.O.Number:
FID Number:
IDIS Number:
Amount
Program Account Original Amount This Invoice Cumulative to Date Remaining Balance
(Program Name)Case ID
Salaries 1001 $ $
FICA 1002 $ $ $ $
Life/Disability Insurance 1003 $ $ $ $
Health/DentalInsurance 1004 $ $ $ $
Unemployment-State 1005 $ $ $ $
Worker's Compensation 1006 $ $ $ $
Office Supplies 1007 $ $ $ $
Food Supplies 1008 $ $ $ $
Insurance 1009 $ $ $ $
Accounting 1010 $ $ $ $
Contract Labor 1011 $ $ $ $
$
TOTAL $ $ $ $
Request Summary Budget Expenditure Percentage Spent Table Total
$ $ #DIV/0! $
22-Oct 22-Nov 22-Dec 234an 23-Feb 23-Mar
$ - $ - $ - $ - $ - $
23-Apr 23-May 23-Jun 23-Jul 23-Aug 23-%p
$ $ $ $ $ $
Client Goals Goal Amount Cumulative Total Goal Met% Table Total
0 0 #DIV/0! 0
22.Oct 22-Nov 22-Dec 23-Jan 23-Feb 23-Mar
1 0 0 0 0 0
23-Apr 23-May 23-Jun 23-Jul 23-Aug 23-%p
0 0 0 0 0 0
ATTACHMENT H
City of Fort Worth
Neighborhood Services Department
Expendituue Worbbeet
Agency.
Program
Only highlighted codes can he reimhursed
Please R mupMe secount codes.
Account Code
Line (See Key to Expense Line Item
No. Checkxn Date Payee Description/Job Title* Right) Arn. Account
1 EMERGENCY SHELTER
2 ESSENTIAL,SERVICES
3 Salaries 1001
4 FICA 1002
5 Lifensability Insurance 1003
6 Hmlth/Dental Insurance ]004
7 Unemployment-State 1005
S Worker's Compensation 1006
9 Office Supplies 1007
10
11
12 Food Supplies 1006
13 Insurance 1009
14 Accounting 1010
15 Contract Labor ]Oil
16 Olherp 1012
17 SHELTER OPERATIONS
is Maintemuce 2001
19 Security 2002
20 Insurance 20M
21 Utilities 2004
22 Supplies 2005
23 Repairs 2006
24 Othero 2007
25 HOUSING RELOCATION AND STABIL17ATTON
26 PREVENTION
27 Salaries 3001
29 FICA 3002
29 Lifen ability In— 3003
30 Health/Dental In,uran- 3004
31 Unemployment-State 3005
32 Worker's Compensation 3006
33 Olherp 3007
34 REHOUSING
35 Salaries 4001
36 FICA 4002
37 Lif mieability In— 40M
39 Health/Dental Insurance 4004
39 Unemployment-State 4005
40 Worker's Compensation 4006
41 Olherp 4007
42 FINANCIAL ASSISTANCE
43 PREVENTION
44 Rental Assistance 5001
45
46 Utility Payments 5002
47 REHOUSING
46 Rental Assistance 6001
49 SecurityDepoaits 6002
Utility Deposits 6003
Total $ Utility Payments 6004
*Fm Salaries,state employee's title under Description/Job Title.Rent must identifytenant Moving Cods 6005
Motel/Hotel Vouchers 6006
EMUS
BMIS Software Costs 7001
EXHIBIT "E"
INCOME CERTIFICATION FORMS
CDBG 5 1%PSA CONTRACT --EXHIBIT"E"--INCOME CERTIFICATION FORMS Page 1
City of Fort Worth
CERTIFICATION OF INCOME STATEMENT
Applicant Name:
Current Address: Phone#:
City and Zip:
Household Members and Income
includin a licant
Last Name First Name Age Monthly Source of Income
Income$$
TOTAL NUMBER OF FAMILY MEMBERS (Include Yourself,Spouse,Children,etc.)
Total Gross Annual Household Income:
PERSONAL INFORMATION:(Check one in each item. This Information is Required for Federal Reporting Purposes)
a. ❑MALE b. ❑WHITE ❑BLACK/AFRICAN AMERICAN ❑BLACK/AFRICAN AMERICAN&WHITE
❑FEMALE ❑AMERICAN INDIAN/ALASKAN NATIVE ❑ASIAN
❑AMERICAN INDIAN/ALASKAN NATIVE&WHITE ❑ASIAN&WHITE
❑NATIVE HAWAIIAN/OTHER PACIFIC ISLANDER ❑BALANCE/OTHER
❑AMERICAN INDIAN/ALASKAN NATIVE&BLACK/AFRICAN AMERICAN
c. ETHNICITY d. DISABLED e. IS HEAD OF HOUSEHOLD FEMALE?
❑HISPANIC ❑YES ❑YES
❑NON-HISPANIC ❑NO ❑NO
Certification: I certify that the information I am providing is true and could be subject to verification at any
time by a third party. I also acknowledge that the provision of false information could leave me subject to the
penalties of Federal, State and local law.
Signature of Applicant Date
WARNING: TITLE 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 Agency staff only--
Household Size: Gross Annual Income:
Applicable Income Limit: Is Applicant Eligible?
Check if Applicant refused to provide demographic information: 0
Staff Assessment of Demographics:
Person Making Determination: Date:
NOTE: Address, income amounts and sources for ALL household members are required.
CDBG 51%PSA CONTRACT --EXHIBIT"E"--INCOME CERTIFICATION FORMS Page 2
Ciudad de Fort Worth
CERTIFICACON DE DECLARACON DE INGRESOS
Nombre del Solicitante:
Direccion de Actualidad: Telefono:
Ciudad y Codigo Postal:
Miembros Del Hogar e Ingresos
Inclu endo el/la Solicitante
Apellido Nombre Edad Ingreso Origen de Ingresos
Mensual
*TOTAL NUMERO DE MIEMBROS DEL HOGAR (Incliiyase Usted.)
Total, Anual de Ingresos del hogar:
**INFORMAC16N PERSONAL:(Seleccione uno en cada articulo. Esta informaci6n es requerida por el Gobierno federal.)
a. ❑MASCULINO b. ❑BLANCO ❑NEGRO/AFRICANO AMERICANO ❑NEGRO/AFRICANO AMERICANO&BLANCO
❑FEMININO ❑INDIO AMERICANO/NATIVO DE ALASKA ❑ASIATICO
❑INDIO AMERICANO/NATIVO DE ALASKA&BLANCO ❑ASIATICO&BLANCO
❑NATIVO HAWAIANO/OTRO DE LAS ISLAS PACIFICAS ❑BALANCE/OTRO
❑INDIO AMERICANO/NATIVO DE ALASKA&NEGRO/AFRICANO AMERICANO
c. ETHNICIDAD d. INCAPACITADO e. DES LA CABEZA DEL HOGAR MUJER?
❑HISPANO ❑ SI ❑ SI
❑NO-HISPANO ❑NO ❑NO
Certificaci6n: Yo certifico que la informacion que yo estoy proporcionando es verdadera y puedo ser sujeto a
verificacion a cualquiera hora por tercera parte. Yo tambien reconozco que la provision de informacion falsa
puede dejarme sujeto a penalidades Federales, Estatales, y a ley local.
Firma del Solicitante Fecha
ADVERTENCIA: TITULO 18,SECCI6N 1001 DEL CODIGO DE LOS ESTADOS UNIDOS INDICA QUE UNA
PERSONA ES CULPABLE DE UN DELITO POR SABER Y VOLUNTARIAMENTE HACER DECLARACIONES FALSOS O
FRAUDULENTAS A CUALQUIER DEPARTAMENTO DE GOBIERNO DE LOS ESTADOS UNIDOS.
_____Para use de em leados de la a encia-------______
#De Miembros de Familia: Ingreso Anual:
Limite de Ingreso: LES solicitante elegible?:
Compruebe si el solicitante se nego a dar su informacion personal: 0
Evaluacion del empleado sobre informacion personal:
Persona haciendo la determinacion: Fecha:
Note: La direccion de la casa y los ingresos (y sus origenes)para todos miembros del hogar son requerido
CDBG 51%PSA CONTRACT --EXHIBIT"E"--INCOME CERTIFICATION FORMS Page 3
EXHIBIT "F"
STANDARDS OF DOCUMENTATION
CDBG 51%PSA CONTRACT--EXHIBIT"F"--STANDARDS OF DOCUMENTATION
2022-23 Documentation Standards for
CDBG Public Service Contract Expenses
2 cc
Budget Line E GE ED Notes/Other
cc E
Employee Salaries and Benefits-City will only reimburse a percentage of any employee's salary and benefits who work directly with the CDBG-funded Program.
Percentages will be cost allocated and determined prior to the execution of the CDBG Contract. Agencies requesting the reimbursement of 100%of any Agency employee
will require prior City approval. Agencies must show calculation on how the CDBG portion of employee salaries and benefits were calculated consistently with the CDBG
Contract.
If an employee works on both a CDBG eligible and non-CDBG eligible program(s),the City will only reimburse for a reasonable portion
of the employee's salary. Prior to the execution of the CDBG Contract,the Agency will priovide the City with a written statement on how
each employee's time will be allocated. If an employee works 100%of their time directly with the CDBG-funded Program,then 100%of
the employee's salary may be eligible for reimbursement. Agency must submit a written statement that 100%of the employee's time is
spent working directly with the CDBG-funded Program. Statements must be signed by a person authorized to sign on behalf of the
Agency and will be submitted with the October invoice.
Salaries X X Reimbursement requests must include a timesheet and work log that reflects the hours worked by the employee(s)working directly on
the CDBG-funded Program. For employees who are paid with multiple funding sources,timesheets must reflect all funding sources. If
separate timesheets are kept for each funding source,all such timesheets must be submitted to City. Timesheets must be signed by
employee and supervisor. Agency must show a calculation and documentation of how the employee's salary was calculated and
invoiced to City.
'If employees are paid by direct deposit rather than check,then the agency must submit both the direct deposit payment company's
report(such as an ADT report)and a bank statement or check showing payment to the direct deposit company.
FICA/Medicare X X X
Life Insurance x x x
Health x x x If the City pays gross salary,this is already included.If the City pays the employer portion,the Agency must provide proof that the
Insurance employee is enrolled in the benefit plan,must show a calculation and documentation of how the invoiced amount was calculated,and
Disability x x x must provide documentation showing payment.Invoice and proof of payment are only required with the first reimbursement request and
Insurance at any time there are changes to amounts,enrollments,disenrollments,etc.
Unemployment x x x
Insurance
If the City pays gross salary,this is already included.If the City pays the employer portion,the Agency must provide proof that the
Retirement x x x employee is enrolled in the benefit plan,must show a calculation and documentation of how the invoiced amount was calculated,and
must provide documentation showing payment.Invoice and proof of payment are only required with the first reimbursement request and
at any time there are changes to amounts,enrollments,disenrollments,etc.
Materials,Equipment,Goods and Supplies-City will only reimburse for the cost allocated percent or amount spent In support of the CDBG-funded Program. Agencies
requesting reimbursement for these Items will require prior City approval. Agencies must show calculation on how the CDBG portion of these expenses were calculated
consistently with the CDBG Contract.
Office Supplies X X X
Office
Equipment X X X X X
Rental
Postage X X X
Printing X X X
Construction&
Building X X X X This category is only available for the REACH Program and Habitat for Humanity.
Materials
Sport and
Recreation X X X
Equipment
Cleaning X X X
Supplies
Teaching Aids X X X
Craft Supplies X X X
Food Supplies X X X This category is only available to the Program provided by Meals on Wheels.
Rent, Utilities and Maintenance-City will only pay for a portion of these expenses. The portion of these expenses will be determined by the square footage attributable to
the CDBG-funded Program and shall be cost-allocated In accordance with the amount of space used for the CDBG-funded Program. These expenses may only be In support
of the CDBG-funded Program. The Items listed below require prior City approval and the Agency Is required to Identify any funding source that pays for the portion of the
expenses that Is not paid with CDBG funds. Agencies must show calculation on how the CDBG portion of these expenses were calculated consistently with the CDBG
Contract.
Telephone X X
Gas X X
Water/Wastew X X
star
Electric X X
o i aste
CDBG 51%PSA CONTRACT 2022-2023 Exhibit"F"—STANDARDS FOR COMPLETE DOCUMENTATION
Facility This item requires approval by the City prior to the execution of the CDBG Contract. Repairs may be categorized as major/minor
Maintenance X X X X
and Repairs rehabilitation projects and must be approved through the full HUD Environmetal Review.
Rent X X X City will pay for a portion of the rent for the Program facility so long as its in proportion to the square footage attributable to the CDBG-
funded program.
Miscellaneous
This item requires prior approval by the City. Prior to the execution of the CDBG Contract,the Agency must submit a written statement
that lists the contract labor services to be used during the Contract term. Agency will submit a memo related to the procurement of such
Contract Labor X X X X X services and will forward any information pertaining to the procurement process to City. This requirement applies to,but is not limited to,
services retained for security services,legal,accounting,transportation providers,educational facilitators,custodial services,etc.
Agencies may not use the contract services of any City of Fort Worth Department.
City-required X X City will only pay for a percentage of the City-required insurance so long as it's in proportion to the square footage attributable to the
Insurance CDBG-funded program.
City requires that the agency submit its fee schedule or formula on how the Agency calculates the childcare scholarship amount. The
fee schedule/formula should demonstrate a breakout of income levels,and for each income level the schedule should demonstrate
Childcare X X which portion of the expense is to be paid by the family and which portion of the expense is to be reimbursed by the City. A fee
Scholarships schedule/formula must be submitted to the City prior to the first payment. Agency must submit documentation supporting that the client
is income eligible and that the household is being charged in conformance with the fee schedule. If the fee schedule/formula changes at
any time during the contract term,the Agency must immediately notify City on the date the new fee scheduletformula takes into effect.
"$0"Income Agecies that are required to verify and provide proof of household income to determine eligibility,must require that anyone who is over
Certifications the age of 18,living in the housohold,submit a$0 Income Certification.
If an audit is required because federal funds exceed$750,000,then the cost should be split evenly by all grant funding sources. Agency
Audit Services X X X X must show calculation on how the CDBG portion of the accounting services were calculated. For example,if the CDBG grant is 10%of
your Agency's budget,then invoice shall not exceed 10%of the overall cost. Agency must show a calculation and documentation of
how the invoiced amount was calculated,and must provide documentation showing payment.
*Proof of payment effective October 1,2020: Payments or Expenses must be documented in the following manner:
A)Image of the check AND bank statement showing the check cleared the bank;OR,
B)Image of the cancelled check(ex.At end of bank statement);OR,
C)Payroll Check Stub,"Advice",or Statement AND Bank Statement indicating payroll;OR,
D)For wire or e-transfers:Reciept or statement from payeelvendor OR bank statement.
Revised as of 09-14-2020 SK
CDBG 51%PSA CONTRACT 2022-2023 Exhibit"F"—STANDARDS FOR COMPLETE DOCUMENTATION
EXHIBIT "G"
SECTION 3 REPORTING FORMS
NOT APPLICABLE
CDBG 51%PSA CONTRACT --EXHIBIT"G"--SECTION 3 REPORTING FORMS Page 1
EXHIBIT "H"
SEVERELY DISABLED CERTIFICATION FORM
CDBG 51%PSA CONTRACT -EXHIBIT"H"-SEVERELY DISABLED CERTIFICATION FORM
EASTER SEALS NORTH TEXAS,INC.
CERTIFICATION FORM
DOCUMENTING CLIENT STATUS AS "SEVERELY DISABLED ADULT"
Client Name:
Address:
City, State,Zip
Client Identification No.
CHECK ALL THAT APPLY
❑ Has used a wheelchair, a walker, cane , crutches or other special aid for six
months or longer
Has been diagnosed with one of the following conditions: Alzheimer's disease,
❑ mental retardation or other developmental disability, senility or dementia,
cerebral palsy, or autism; or has another mental or emotional condition that
seriously interferes with everyday tasks.
Is unable to perform one or more of the following "Functional Activities":
❑ seeing, hearing, speaking and having one's speech understood, lifting or
carrying, using stairs, grasping small objects, or walking.
Is unable to perform or needs assistance to perform one or more of the following
❑ Activities of Daily Living(ADL): getting around inside the home, getting in or
out of bed or a chair,bathing, dressing, eating, and toiletin .
Is unable to perform or needs assistance to perform one or more of the following
Instrumental Activities of Daily Living (IADL): going outside the home,
❑ keeping track of money and bills, preparing meals, doing light housework,
taking prescription medications in the right amount and at the right time, and
using the telephone.
❑ Has a condition that prevents them from working at a job or doing housework.
The undersigned Agency representative conducted a visual assessment of the client identified on this
form and certifies that the client meets at least one of the conditions indicated above, which
determines that he/ she meets the definition of "severely disabled" according to the U.S. Census
Bureau.
Certified by: Date:
Signature/Title:
CFW Neighborhood Services Dept.: Revised 08/29/2019
CDBG 51%PSA CONTRACT -EXHIBIT"H"-SEVERELY DISABLED CERTIFICATION FORM
EXHIBIT "I"
MBE REPORTING FORM
CDBG 51%PSA CONTRACT 2--EXHIBIT"I"--MBE REPORTING FORM Page 1
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EXHIBIT "J"
DUTIES OF THE PARTIES
USE OF NEIGHBORHOOD SERVICES DEPARTMENT
COMMUNITY CENTERS
CDBG 51%PSA CONTRACT -EXHIBIT"J"-DUTIES OF THE PARTIES-USE OF NEIGHBORHOOD SERVICES
DEPARTMENT COMMUNITY CENTERS
DUTIES OF THE PARTIES
USE OF NEIGHBORHOOD SERVICES DEPARTMENT
COMMUNITY CENTERS
Agency's Responsibilities:
Agency will perform the following in relation with the use of Community Center:
• Agency will furnish the Center Coordinator with a schedule of Program activities at least four weeks
prior to their occurrence.
• Agency will,at its sole expense,furnish materials, supplies,copies and conduct a structured Program.
• Agency will ensure that the designated Community Center space is maintained in a neat and orderly
fashion.
• Agency will ensure that the City's standards are maintained regarding security; cleanliness and
communication between and among programs housed at the Community Center and will ensure
cooperation with other Community Center staff and agencies/programs.
• Agency will report to the Center Coordinator or designee for problems immediately if/when problems
occur.
• Agency will work with the Center Coordinator or designee to schedule any use of the Community
Center for related activities outside of agencies designated meeting time and/or the Community
Center's regular days and hours.
• Agency will maintain sole responsibility and liability for its employees, volunteers and separate
contractors for their actions.
• Agency shall ensure that each of its employees, volunteers and participants desiring to participate in
Community Center-sponsored programs/activities are aware of the requirement to have a current
community center membership card to participate.
• Agency agrees to perform background screenings and checks on staff and volunteers, with such
screenings and checks meeting or exceeding the requirements that the City imposes for checks and
screenings on staff, volunteers and participants in the City's own programs.
• Agency will provide the Center Coordinator with designated staff contact information for the
purposes of emergencies (center closing, schedule changes or scheduled maintenance)
CDBG 51%PSA CONTRACT-EXHIBIT"J"-DUTIES OF THE PARTIES-USE OF NEIGHBORHOOD SERVICES
DEPARTMENT COMMUNITY CENTERS
City's Responsibilities:
City will perform the following in relation with Agency's use of a Community Center:
• City will provide space for conducting the Program, including basic utilities and will also supply the
Agency with appropriate facility access. For purposes of this Contract,basic utilities shall not include
telephone or computer service, which shall remain the sole responsibility of the Agency.
• City will ensure that the reserved space is set up with appropriate tables and chairs to accommodate
program and/or services.
• City will not be responsible for any additional security other than what is currently available at the
Community Center.
• City assumes no liability or responsibility for the loss of any personal property or office contents of
the Agency, its agents, employees, volunteers, participants or licensees while at the Community
Center.
• City will allow the Agency to conduct properly scheduled classes and other Program related activities
during the days and hours specified in Exhibit "A" PROGRAM SUMMARY*. In addition, City
may,but is not required,through the Center Coordinator, allow Agency to schedule other classes and
Program related activities outside of the days and hours specified in Exhibit "A" PROGRAM
SUMMARY.
• City will maintain sole responsibility and liability for its employees, volunteers and separate
contractors for their actions.
• City will have the discretion to put the Agency in any available room. If placed in a different location,
it is to be only one room.
*The City is closed in observance of the following holidays:
New Year's Day(January I't)
M.L.K. Jr. Day(Third Monday of January)Memorial
Day(Last Monday in May)
Juneteenth(June 19t')
Independence Day(July 4t')
Labor Day(First Monday in September)
Thanksgiving Day(Fourth Thursday of November)
Day after Thanksgiving(Fourth Friday in November)
Christmas Day(December 25t')
"City of Fort Worth observes the above holidays on Friday if they fall on Saturday and on a Monday if they fall on
Sunday.
Additionally, the Community Centers are utilized as shelters during an emergency. If the Community
Center will be closed due to an emergency, Center Coordinator or designee will inform Agency of the
closure.
CDBG 51%PSA CONTRACT-EXHIBIT"J"-DUTIES OF THE PARTIES-USE OF NEIGHBORHOOD SERVICES
DEPARTMENT COMMUNITY CENTERS
EXHIBIT "K"
NOTICE OF BENEFICIARY RIGHTS
CDBG 51%PSA CONTRACT-EXHIBIT"K"-NOTICE OF BENEFICIARY RIGHTS
Notice of Beneficiary Rights
Name of Agency: EASTER SEALS NORTH TEXAS, INC.
Name of Program: EMPLOYMENT SERVICES
Contact information for Program Staff(name, phone number, and e-mail address, if appropriate):
Because this program is supported in whole or in part by direct Federal financial assistance from
the Federal Government, we are required to let you know that:
• We may not discriminate against you on the basis of religion, religious belief, a refusal
to hold a religious belief, or a refusal to attend or participate in a religious practice;
• We may not require you to attend or participate in any explicitly religious activities that
are offered by us and any participation by you in these activities must be purely
voluntary;
• We must separate, in time or location, any privately funded explicitly religious activities
from activities supported by direct Federal financial assistance;
• If you object to the religious character of our organization,we must make reasonable
efforts to identify and refer you to an alternative provider to which you have no such
objection; and
• You may report an organization's violations of these protections, including any denial of
services or benefits, by contacting or filing a written complaint to HUD [or the
intermediary, if applicable].
We must give you this written notice before you enroll in our program or activity, as required by
24 CFR 5.109.
CDBG 51%PSA CONTRACT-EXHIBIT"K"-NOTICE OF BENEFICIARY RIGHTS
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1 of 1
Complete Nos.1 -4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2022-2023 PSA RFP-CDBG
Easterseals North Texas, Inc
Fort Worth, TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 03/11/2022
being filed.
City of Fort Worth Date Acknowledged:
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
2022-2023 PSA RFP-CDBG
To assist people who are unemployed or underemployed in finding and retaining meaningful employment.We will offer person-
centered emolovment olannina to unemployed/underemployed individuals.
Nature of interest
4
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling Intermediary
Marvin, Tod Fort Worth,TX United States X
5 Check only if there is NO Interested Party. ❑
6 UNSWORN DECLARATION
My name is Tod E. Marvin and my date of birth is 7/21/1964
Myaddressisl424 Hemphill St. Fort Wort TX 76104 USA
(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct. 7
Executed in Tarrant County, State of Texas 'on the_I_I_day of March z Zl
(month) (year)
mm--
Signatur thorized agent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethlcs.state.tx.us Version VI.1.ceffd98a
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Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FoRTi
Create New From This M&C
DATE: 8/9/2022 REFERENCE M&C 22-0569 LOG NAME: 19NS 2022-2023 ACTION
NO.: PLAN
CODE: C TYPE: NOW PUBLIC CONSENT HEARING:
YES
SUBJECT: (ALL) Conduct Public Hearing and Approve the City of Fort Worth's 2022-2023 Annual
Action Plan for the Use of Federal Grant Funds in the Amount of $13,124,648.00 to be
Awarded by the United States Department of Housing and Urban Development from the
Community Development Block Grant, HOME Investment Partnerships Program,
Emergency Solutions Grant, and Housing Opportunities for Persons with AIDS Program,
Authorize Collection and Use of Program Income, Authorize Execution of Related
Contracts, Adopt Appropriation Ordinance, and Authorize Waiver of Indirect Costs
(PUBLIC HEARING - a. Report City Staff: Sharon Burkley; b. Public Presentations; c.
Council Action: Close Public Hearing and Act on the M&C)
RECOMMENDATION:
It is recommended that City Council:
1. Conduct a public hearing to allow citizen input and consideration of the City's 2022-2023
Annual Action Plan for use of federal grant funds to be awarded by the United States
Department of Housing and Urban Development in the amount of $13,124,648.00 from the
Community Development Block Grant, HOME Investment Partnerships Program, Emergency
Solutions Grant, and Housing Opportunities for Persons with AIDS grant programs, and for
the use of program income from activities using prior years' federal grant funds;
2. Approve the City's 2022-2023 Annual Action Plan for submission to the United States
Department of Housing and Urban Development, including allocations of grant funds to
particular programs and activities as detailed below;
3. Authorize the collection and use of an estimated $50,000.00 of program income which is
expected to result from activities using prior years' Community Development Block Grant
funds for the City's Priority Repair Program;
4. Authorize the collection and use of an estimated $50,000.00 of program income which is
expected to result from activities using prior years' HOME Investment Partnerships Program
grant funds for the City's Homebuyer Assistance Program, and authorize the use of 10
percent of the program income for administrative costs;
5. Authorize the City Manager or his designee to execute contracts for one year terms with the
agencies listed in Tables 1,2, and 3 below for Program Year 2022-2023 for Community
Development Block Grant, Emergency Solutions Grant, and Housing Opportunities for
Persons with AIDS grant funds, contingent upon receipt of funding, and satisfactory
completion of all federal regulatory requirements;
6. Authorize the City Manager or his designee to extend the contracts for up to one year if an
agency or department requests an extension and such extension is necessary for completion
of the program, or to amend 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. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations
in the Grants Operating Federal Fund in the total amount of $13,124,648.00 consisting of
$6,996,710.00 in Community Development Block Grant funds, $3,266,685.00 in HOME
Investment Partnerships Program grant funds, $628,543.00 in Emergency Solutions Grant
funds, and $2,232,710.00 in Housing Opportunities for Persons with AIDS grant funds, plus
estimated program income in the amount of $100,000.00, all subject to receipt of such
funds; and
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8. Authorize a waiver of the Neighborhood Services Department indirect cost rate of
17.29\%, estimated total of $330,793.14.
DISCUSSION:
The City of Fort Worth's (City's) 2022-2023 Annual Action Plan summarizes the major housing and
community development activities and proposed expenditures for the program year beginning
October 1, 2022 and ending September 30, 2023 for use of federal grant funds totaling
$13,124,648.00 from the United States Department of Housing and Urban Development (HUD) from
the Community Development Block Grant (CDBG), HOME Investment Partnerships Program
(HOME), Emergency Solutions Grant (ESG), and Housing Opportunities for Persons with AIDS
(HOPWA) grant programs. It also summarizes the use of program income resulting from activities
using prior years' CDBG and HOME funds, the primary purpose of which is to benefit low-and
moderate-income persons in Fort Worth. ESG funds primarily benefit persons experiencing
homelessness, and HOPWA funds primarily benefit low- and moderate-income persons with
HIV/AIDS.
Staff developed initial recommendations for the allocation of the estimated funding from HUD based
on prior year's funding levels. One public hearing was held on April 27, 2022 to provide citizens the
opportunity to participate in the development of the Annual Action Plan. Recommendations for award
amounts were considered and adopted by the Community Development Council on May 11, 2022.
These funding recommendations were presented in City Council Work Session on June 7, 2022.
A 30-day public comment period was held from July 1, 2022 to August 1, 2022. Notice of this public
comment period was published in the Fort Worth Star-Telegram on June 26, 2022; in the Weatherford
Democrat on June 28, 2022; in the Hood County News and Wise County Messenger on June 29,
2022; in Cleburne Times Review and La Vida News on June 30, 2022; and in Glen Rose Reporter on
July 1, 2022.
Any comments received are maintained by the Neighborhood Services Department in accordance
with federal regulations. The City held two public hearings as part of the HUD required citizen
participation process. The first public hearing was held by staff on July 13, 2022, and the second
public hearing is scheduled for the City Council meeting on August 9, 2022.
A summary of staffs final funding recommendations is provided below in Tables 1, 2, and 3. A
Powerpoint presentation listing funding recommendations is also attached. The 2022-2023 Annual
Action Plan will be submitted to HUD by August 15, 2022.
Indirect costs totaling approximately $330,793.14 could be charged to these grants, as the
Neighborhood Services Department indirect cost rate is 17.29\% in the City's most recent Cost
Allocation Plan. A waiver of these costs is requested to allow allocation of these funds to further
support the programs and services to assist low-to-moderate income citizens.
COMMUNITY DEVELOPMENT BLOCK GRANT
For Program Year 2022-2023, it is recommended that the amount of $6,946,710.00 in CDBG funds
and an estimated amount of $50,000.00 in CDBG program income totaling $6,996,710.00 be
allocated as follows:
Public Services Agencies- $1,042,006.00: Includes social services for low- and moderate-income
persons, persons with disabilities, and disadvantaged persons
Housing Programs - $4,153,352.00: Includes funding for the City's Priority Repair Program,
Cowtown Brush-Up, homebuyer and housing services, accessibility modifications for seniors and
persons with disabilities, and related project delivery costs for these programs
Major Projects - $362,010.00: Includes funding for Southside Community Center improvements
Administration - $1,389,342.00: Includes costs for administering the CDBG grant, including
allocations for the Financial Management Services and Development Services Departments
Estimated Program Income - $50,000.00: Includes up to $50,000.00 in funding for the City's
Priority Repair Program. Any CDBG program income over the estimated amount not used for the
Priority Repair Program will be allocated to priority activities in the City's Consolidated Plan, subject
to the City Council approval.
HOME INVESTMENT PARTNERSHIPS PROGRAM
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For Program Year 2022-2023, it is recommended that the amount of $3,216,685.00 in HOME funds
and an estimated amount of $50,000.00 in HOME program income totaling $3,266,685.00 be
allocated as follows:
Homebuyer Assistance Program - $129,623.50: Includes funding for down payment and closing
cost assistance for low- and moderate-income homebuyers
Community Housing Development Organization - $707,430.00: HUD requires that a minimum of
15 percent of HOME funds be allocated to Community Housing Development Organizations
(CHDOs) for affordable housing projects. These funds will be used by Development Corporation of
Tarrant County (DCTC) for single-family infill development in the Polytechnic neighborhood. All
housing developed with these funds will be sold to homebuyers making at or below 80 percent of
area median income (AMI), set by HUD.
Major Projects - $2,057,963.00: Includes funds ($1,000,000.00) allocated to the affordable
housing project to be developed by Fort Worth Housing Solutions (FWHS) as a part of its Choice
Neighborhood Initiative (CNI) grant and funds ($1,057,963.00) allocated to the development of
permanent supportive housing.
Administration - $321,668.50: Includes costs for administering the HOME grant
Estimated Program Income - $50,000.00: Includes funding for the Homebuyer Assistance Program
and HOME grant administrative costs. HUD allows the City to use 10 percent of any HOME
program income towards the cost of administering the HOME grant. HOME program income over
the estimated amount not used for the Homebuyer Assistance Program will be allocated to priority
activities in the City's Consolidated Plan, subject to City Council approval.
HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS
For Program Year 2022-2023, it is recommended that the amount of$2,232,710.00 in HOPWA funds
be allocated as follows:
Public Service Agencies - $1,515,729.00
Neighborhood Services Department - $650,000.00
Administration - $66,981.00
EMERGENCY SOLUTIONS GRANT
For Program Year 2022-2023, it is recommended that the amount of $628,543.00 in ESG funds be
allocated as follows:
Public Service Agencies - $581,403.00
Administration - $47,140.00
CONTRACT RECOMMENDATIONS
The Community Development Council and Neighborhood Services Department staff recommend that
contracts be executed with the public service & CDBG subrecipient agencies for the amounts shown
in the following tables:
Community Development Block Grant Contracts
TABLE 1: CDBG AGENCIES
AGENCY TCONSOLIDATED PROGRAM AMOUNT
PLAN GOAL L
Homebuyer IF
Housing Channel Affordable Education and $100,000.00
Housing Housing Counseling
Services
Guardianship Services, Financial Exploitation
Inc. itging-In-Place prevention Center $70,000.00
Meals-On-Wheels, Inc. ofIF9
ing-In-Place Home-Delivered 72,006.00
Tarrant County ,Meals 1L$
Meals-On-Wheels, Inc. of Aging-In-Place Transportation � $50,000.00
Tarrant County „Program
Girls Incorporated of 7 C IhI dren/Youth
Tarrant County Training and Leadership Program $75,000.00
J,Mentorship
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United Community Children/Youth Educational II $100,000.00
Centers, Inc. Training and Enrichment Program
�IMentorship JL
Boys & Girls Clubs o�ChildChild enr�/Youth After School
Greater Tarrant County, Training and $60,000.00
Inc. Mentorship Program
Young Men's Christian--1 Children/Youth
Association of Metropolitan Training and Y Achievers $50,000.00
Fort Worth J Mentorship
—1 Children/Youth
B Christian Learning Training and After School $75,000.00
Center Mentorship Program
Children/Youth ir
Fortress Youth Training and Fortress PreSchool $50,000.00
Development Center, Inc._Mentorship _
The Presbyterian Night Homeless Moving Home Case IF-
Shelter of Tarrant County Services IL
IL $125,000.00
Inc.
Poverty Computer Skills
The Ladder Alliance Reduction and Household Training- Next Level $70,000.00 Stabilization program
Poverty —IF
Easter Seals North Texas, Reduction and Employment $50,000.00
Inc. Household I�Services
,Stabilization
Poverty
The Women's Center of Reduction and Working Families $50,000.00
Tarrant County, Inc. Household Success
Stabilization
P—o e
Center for Transforming Reduction and 'Level Up
Lives Household Microenterprise $45,000.00
JIStabilization
CDBG Public Service Agencies Total ] $1,042,006.00
Rehabilitation, Education Accessibility —I
and Advocacy for Citizens Accessibility Improvements for $125,000.00
with Handicaps DBA Improvements I[Residents
ILow IncomeIIREACH, Inc. J L
I� Accessibility —IF
United Way of Tarrant Accessibility Improvements for $50,000.00
County Improvements Low Income Senior IL
Residents Fort Worth Area Habitat for Preserve Aging Cowtown Brush Up
Humanity, Inc. DBA Trinity Housing Stock Paint Program $455,000.00
Habitat for Humanity
CDBG Subrecipient Agencies Total $630,000.00
TOTAL CDBG CONTRACTS $1,672,006.00
Housing Opportunities for Persons with AIDS Contracts
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TABLE 2: HOPWA AGENCIES
AGENCY PROGRAM ILAMOUNT
IDS Outreach Administration, Supportive Services, Short-Term $429,850.00
Center, Inc. Rent, Mortgage, and Utility Assistance (STRMU)
Tarrant County Administration, Facility-Based Operations,
Samaritan Supportive Services, Tenant-Based Rental $1,085,879.00
Housing, Inc. IlAssistance (TBRA) _
TOTAL HOPWA CONTRACTS $1,515,729.00
Emergency Solutions Grant Contracts
TABLE 3: ESG AGENCIES
AGENCY PROGRAM AMOUNT
The Presbyterian Night Shelter of Tarrant Shelter $130 220 00
County, Inc. I10perations/Services
Lighthouse for the Homeless DBA True Shelter
Worth Place Operations/Services $176,000.00
The Salvation Army Homelessness $105,535.00
Prevention
Center for Transforming Lives apid Re-Housing $98,743.00
SafeHaven of Tarrant County _Shelter $70,905.00
Operations/Services
TOTAL ESG CONTRACTS 11 $581,403.00
All figures have been rounded to the nearest dollar for presentation purposes. These programs are
available in ALL COUNCIL DISTRICTS.
Each of these grants is an entitlement grant rather than a competitive grant received from the United
States Department of Housing and Urban Development (HUD). Entitlement grants provide funds to
agencies based on a formula, prescribed in legislation or regulation, rather than based on review.
These specific grants are allocated to the City of Fort Worth based on population size and per capita
income each year. The grants have been consistently awarded to the City since 1974 with the
inception of the Community Development Block Grant (CDBG) through the Housing and Community
Development Act of 1974. The Emergency Shelter (renamed Solutions) Grant(ESG) was authorized
in 1987 through the McKinney-Vento Homelessness Assistance Act. The HOME Investment
Partnerships Program (HOME) and the Housing Opportunities for Persons with AIDS (HOPWA)
Program were authorized in 1990 through the Cranston-Gonzales National Affordable Housing Act of
1990. With these grants, administrative and program delivery allocations support approximately 72
FTE positions in the Neighborhood Services Department, which is funded nearly 70\% with various
grants including these entitlement grants.
Positions funded with HUD Entitlement grants are subject to grant availability. In the event of a grant
award being decreased or eliminated, Neighborhood Services Department would review programs and
services funded by the grants and determine a level of service and staffing that aligns with the
available funding. Alternative to consider may include staff and program reductions or eliminations.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations and adoption of
the attached appropriation ordinance, funds will be available in the current operating budget, as
appropriated, of the Grants Operating Federal Fund. The Neighborhood Services Department (and
Financial Management Services) will be responsible for the collection and deposit of funds due to the
City. Prior to an expenditure being incurred, the Neighborhood Services Department has the
responsibility to validate the availability of funds. This is a reimbursement grant.
TO
Fund Department Account Project Program Activity Budget I Reference# I Amount
ID I I ID I I I Year (Chartfield 2)
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FROM
Fund Department Account Project Program Activity Budget Reference# Amount
ID I I ID I I Year (Chartfield 2)
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Victor Turner(8187)
Additional Information Contact: Sharon Burkley (5785)
ATTACHMENTS
19NS 2022-2023 ACTION PLAN 21001.docx (Public)
19NS ACTION PLAN 2022 Agency Form 1295 Forms.pdf (CFW Intemal)
Action Plan Budget-Staff Recommendations City Council Work Session 060722.pdf (Public)
Secretary of State Agency Listings 2022-2023.pdf (Public)
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