HomeMy WebLinkAbout043695 - General - Contract - Clayton Child Care, Inc. dba Clayton YES!CITY SECRETARY t1,)
CONTRACT NO. 1---,
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 Clayton Child Care, Inc. dba Clayton YES! (hereafter
"Agency"), a Texas nonprofit corporation. City and Agency may be referred to
individually as a "Party" and jointly as "the Parties".
The Parties state as follows:
WHEREAS, City receives grant monies from the United States Department of
Housing and Urban Development ("HUD") through the Community Development Block
Grant Program ("CDBG"), Program No. B-12-MC-48-0010, Catalog of Federal
Domestic Assistance No. 14.218;
WHEREAS, a national objective of the CDBG program is to benefit low and O
moderate income citizens (the "National Objective");
WHEREAS, Agency submitted a proposal to use CDBG funds for an eligible
Program (defined below) under the CDBG Regulations (defined below) whereby Agency
will provide services as further described in Exhibit "A"- Program Summary; o
WHEREAS, City citizens, the Community Development Council, and the City 2
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 (AMI) means the median family income for the Fort Worth -
Arlington metropolitan statistical area as established by HUD. The 2012 income limits
are attached hereto as Exhibit F.
Business Diversity Enterprise Ordinance or BDE means the City's Business Diversity
Ordinance, Ordinance No. 20020-12-2011.
Complete Documentation means:
• Attachments I and II, with supporting documentation as
AIL _ YRS
CDBG PSA CONTRACT 2012-2013 - CLAYTON CHILD CARE, INC. DBA CLAYTON
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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
Proof of client eligibility:
o In the event that Agency is a facility that provides a public service,
this means documentation that clients served by Agency are
CDBG Eligible Clients.
o Source Documentation sufficient to show that clients participating
in the Program are CDBG Eligible Clients.
Other documentation: (i) documentation to show compliance with
BDE or DBE bidding process for procurement or Contract activities,
if applicable; and (ii) any other document or records reasonably
necessary to verify costs spent and client eligibility for the Program.
CDBG Eligible Client means a client whose annual income adjusted for family size does
not exceed 80% of AMI using the most current HUD Income Guidelines and Technical
Guidance for Determining Income and Allowances verified by either Source
Documentation or the foim in Exhibit E - Income Self -Certification. The definition of
annual income to determine client income eligibility under this Contract shall be the
definition contained in 24 CFR Part 5.609 as amended from time to time.
CDBG Funds means City's CDBG funds supplied by City to Agency under the terms of
this Contract.
CDBG Regulations means regulations found in 24 CFR Part 570 et seq.
DBE means disadvantaged business enterprise.
Director means the Director of the City's Housing and Economic Development
Department.
Effective Date means October 1, 2012.
HED Department means the City's Housing and Economic Development Department.
Program shall mean the service(s) described in Exhibit A - Program Summary.
Reimbursement Request shall mean all reports and other documentation described in
Section 9
Source Documentation means any documentation allowed under the 24 CFR Part 5.609
definition of annual income.
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Unduplicated Clients means a count of individuals served once in the Contract year.
Even if a person is served multiple times in the Contract year, they will only be counted
once when determining the number of Unduplicated Clients.
3. TERM.
The term of this Contract begins on October 1, 2012 and terminates on September
30, 2013 unless terminated as provided in this Contract.
4. DUTIES AND RESPONSIBILITIES OF CITY.
4.1 Provide CDBG Funds.
City shall pay up to Seventy-five Thousand and No/100 Dollars ($75,000.00) of
CDBG Funds on a reimbursement of expenses basis, under the terms and conditions
herein. This Contract is contingent upon the receipt by City of CDBG funds from HUD.
If CDBG funds are not received or if City's allocation of CDBG funds changes, City
reserves the right to amend or terminate this Contract.
4.2 Monitor.
City will monitor the activities and performance of Agency and any of its
contractors or subcontractors as necessary, but no less than annually. Monitoring may
include all phases and aspects of Agency's performance to determine compliance with
the Program and other technical and administrative requirements of this Contract
including the adequacy of Agency s records and accounts.
5. DUTIES AND RESPONSIBILITIES OF AGENCY.
5.1 Reuuired Services.
In accordance with the teiurs and conditions of this Contract, Agency shall
perfoimmm the service as described in Exhibit "A" — Program Summary.
5.2 Use of CDBG Funds.
5.2.1. Expenditures in Compliance with CDBG Regulations and Contract.
Agency shall be reimbursed for the 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 is submitted to City by Agency.
5.2.2 Budget.
Agency agrees that CDBG Funds will be reimbursed in accordance with Exhibit
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"B" - Budget. During the Term, Agency may submit written requests to increase or
decrease line -item amounts in the Budget, including an explanation of why such
increases or decreases are necessary. All such requests must be approved by the Director
in writing, such approval being in the Director's sole discretion If Director gives written
approval of Agency's proposed Budget amendment (as approved, the "Amended
Budget"), then the Amended Budget will take effect on the first day of the month
following the month in which it was approved by Directoi, unless otherwise specified in
the amendment. Final budget amendment requests must be submitted by August 15,
2013.
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 funds available under this Contract
to supplement rather than supplant funds otherwise
available for use in the Program.
5.2.4 Payment of CDBG Funds to Agency.
CDBG Funds will be disbursed to Agency on a reimbursement basis upon City's
approval of Agency's written and signed Reimbursement Requests including submission
of Complete Documentation to City If Agency expends all funds prior to September 20,
2013, City may hold back a small amount of the CDBG Funds until the end of the Term.
During this interim period, Agency must continue to submit Reimbursement Requests
with an invoiced amount of $0.
5.3 Program Performance Milestones.
Agency warrants that the Program will achieve the following milestones:
Unduplicated Clients
Month Expenditures (as specified in Exhibit A)
3 19.23% 19.23%
6 43.48% 43.48%
8 59.88% 59.88%
11 100% 100%
Failure of Agency to meet these milestones or a material deviation from them as
outlined in this Section 5.3 is a breach of this Contract. For the purpose of this Section,
"material deviation' shall mean more than 10% lower than the specified goal. In the
event of such breach, City reserves the right at its sole option to delay or withhold
payment of Reimbursement Requests, to lower Agency's allocation of CDBG Funds, or
to terminate this Contract.
5.4 Commingled Funds.
Agency will not commingle CDBG Funds with any other funds in any manner
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that would prevent City from readily identifying expenditures for operation of the
Program.
5.5 Meet National Objective.
Agency certifies that the activities carried out under the Program and this Contract
will meet the National Objective of benefitting low- and moderate- income persons.
6. CLIENT ELIGIBILITY VERIFICATION.
6.1 Client Eligibility.
Agency will document the eligibility of all prospective clients. Agency will
document client eligibility using the method set forth below in Section 6 1 3 All other
subsections of this Section 6.1 are not applicable to this Contract.
6.1.1 Agencies Receiving CDBG Funds and Serving a Limited Clientele.
Agency must document that all clients served fall under a "presumed benefit"
category as defined in 24 CFR 570. Relevant categories of presumed benefit are:
severely disabled adults, homeless persons, or abused or neglected children and youth.
Eligible forms of documentation include:
6.1.1.1 Severely Disabled Adults. Written, signed and dated
diagnosis from a licensed medical professional.
6.1.1.2 Homeless Persons. A written, signed, and dated
certification from an outreach worker.
6.1.1.3 Abused or Neglected Children and Youth. A written,
signed, and dated certification from an outreach worker.
6.1.2 Agencies Receiving CDBG Funds and Serving a General Clientele.
Agency must verify all new clients' income eligibility with either Source
Documentation or the form attached as Exhibit "E" - Form of Self Certification.
Agency must use the annual income definition used by 24 CFR 5.609 to establish client
income eligibility. Agency shall use the most cunent HUD Income Guidelines. All
clients' income must be documented, but only 51% of clients must meet income
eligibility requirements described in 24 CFR 5.609.
6.1.3 Agencies Receiving CDBG Funds and Serving 100% Clientele
Program
Agency must verify all new clients' income eligibility with either Source
Documentation or the form attached as Exhibit `E" - Form of Self Certification
Agency must use the annual income definition used by 24 CFR 5.609 to establish client
income eligibility. Agency shall use the most current HUD Income Guidelines. All
clients' income must be documented, and 100% of clients must meet income eligibility
requirements described in 24 CFR 5.609.
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6.2 Submission of Eligibility Documentation.
Agency must submit copies of all relevant components of the eligibility
verification documentation described in Section 6.1 with Attachment III in each
month's Reimbursement Request, and must maintain copies of such documentation as
required under this Contract.
7. Additional CDBG Requirements.
Agency agrees to comply with all requirements of the CDBG Program as stated in
the CDBG Regulations, including, but not limited to the following:
7.1 Environmental Review.
CDBG Funds will not be paid, and costs cannot be incurred until City has
conducted and completed an environmental review as required under 24 CFR Part 58.
The environmental review may result in a decision to proceed with, modify, or cancel the
Program. Further, Agency will not undertake or commit any finds to physical or choice
limiting actions. Any violation of this provision will (i) cause this Contract to terminate
immediately; and (ii) require Agency to repay to City the CBDG Funds it has already
received and forfeit any future payments of CDBG Funds.
7.2 Contract Not Constituting Commitment of Funds.
Notwithstanding any provision of this Contract, the Parties agree and
acknowledge that this Contract does not constitute a commitment of funds, and that such
commitment of funds or approval may occur only upon (i) satisfactory completion of
environmental review and receipt by City of an authorization to use grant funds from
HUD under 24 CFR Part 58, (ii) approval of City's 2012-2013 Action Plan, (iii) and
receipt by City of giant 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 the CDBG Regulations for the duration of this Contract and
until the Program is closed in HUD's IDIS system. Agency will provide ieports and
access to Program files as requested by City for 5 years after closeout of this Contract in
HUD's IDIS system, and will meet all the reporting requirements set out in this Contract.
This Section shall survive the termination or expiration of this Contract.
7 3 2 City, HUD, and the United States Comptroller General or their respective
representatives shall have access at all reasonable hours to the Agency's offices and
records dealing with the use of the CDBG Funds that are the basis of this Contract, and to
Agency's officers, directors, agents, employees, contractors and subcontractors 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, and of the adequacy
and timeliness of Agency s performance under this Contract. After each monitoring visit,
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City shall provide Agency with a written report of the monitor's findings. If the
monitoring report notes deficiencies in Agency's performance, the report shall include
requirements for the timely 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 Agency will maintain all records related to this Contract for a minimum of
5 years aftei termination of the Contract.
7.4 Agency Procurement Standards.
Agency shall establish procurement procedures to ensure that materials and
services are obtained in a cost effective manner. When procuring services to be provided
under this Contract, Agency shall comply at a minimum with the procurement standards
at 24 CFR Part 84.40 through 24 CFR Part 84.48.
7.5 Cost Principles/Cost Reasonableness.
Agency shall administer its use of CDBG Funds in compliance with OMB
Circular A-122, "Cost Principles for Non -Profit Organizations", as amended from time to
time. The allowability of costs incurred for performance rendered shall be determined in
accordance with OMB Circular A-122 as supplemented by the provisions of this
Contract.
7.6 Accounting Standards.
Agency agrees to comply with OMB Circular A-110, "Uniform Administrative
Requirements for Grants and Agreements with Institutions of Higher Education,
Hospitals and other Non -Profit Organizations", and agrees to adhere to the accounting
principles and procedures required therein, utilize adequate internal controls, and
maintain necessary source documentation for all costs incurred.
7.7 Uniform Administrative Requirements.
Agency will comply with the Uniform Administrative Requirements set forth in
24 CFR Part 57.502 or any reasonably equivalent procedures and requirements that City
may require.
7.8 Terms Applicable to Agencies and Subcontractors.
Agency understands and agrees that all terms of this Contract, whether regulatory
or otherwise, shall apply to any and all contractors and subcontractors 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. Agency shall monitor the services and work performed by its
contractors and subcontractors on a regular basis for compliance with the CDBG
Regulations and Contract provisions. Agency is liable for all violations of the CDBG
Regulations committed by its contractors o1 subcontractors. City maintains the right to
insist on Agency's full compliance with the terms of this Contract 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 or
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subcontractors.
8. RECORD KEEPING, REPORTING AND DOCUMENTATION
REOUIREMENTS.
8.1 Record Keening.
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 source and back-up documentation.
8.2 Access to Records.
City and any duly authorized officials of the federal government will have full
access to, and the right to examine, audit, copy, excerpt and/or transcribe any of
Agency s records pertaining to all matters covered by this Contract.
8.3 Reports.
Agency will submit to City all reports and documentation described in this
Contract, in such form as City may prescribe, pertaining to the activities undertaken as a
result of this Contract. Failure to submit any report or documentation described in this
Contract to City shall be an event of default of this Contract and City may exercise all of
its remedies for default under this Contract.
8.4 Change in Reporting Requirements and Forms.
City retains the right to change reporting requirements and forms at its discretion.
City will notify Agency in writing of such change, and the Parties shall execute an
amendment to the Contract reflecting such change.
9. REIMBURSEMENT REOUIREMENTS.
9.1 Deadline for Submitting Reimbursement Requests.
Each Reimbursement Request shall be received by the City on or before the 15th
day of the month following the month expenses were paid. For example, Reimbursement
Requests 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 business day.
Failure to submit a Reimbursement Request in a timely fashion will result in City
initiating procedures as outlined in Section 10.1. NOTWITHSTANDING ANYTHING
ABOVE, EXPENSES FOR SEPTEMBER 2013 MUST BE RECEIVED BY
SEPTEMBER 20, 2013, FAILURE TO SUBMIT A COMPLETE
REIMBURSEMENT REQUEST BY SEPTEMBER 20, 2013 WILL RESULT IN
AN AUTOMATIC FORFEITURE OF THE SEPTEMBER PAYMENT.
9.2 With each Reimbursement Request, Agency shall provide City with
Complete Documentation and the following reports as shown in EXHIBIT D
REIMBURSEMENT FORMS:
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9.2.1 Attachment I — Invoice.
This report shall contain the amount requested for reimbursement each month,
and the cumulative reimbursement requested to date (inclusive of that month's request).
Even if Agency is requesting $0 for a particular month, this ieport must be submitted.
This report must be signed by an authorized signatory of the Agency. By signing
Attachment I, Agency is certifying that the costs are valid, eligible and consistent with
the terms and conditions of this Contract, and the data contained in the report is true and
correct.
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
Attachment II. In order for this report to be complete the following must be submitted:
9.2.2.1 For payroll expenses, timesheets signed by employees and
approved by supervisor for all payroll expenses listed.
Timesheets must distinguish between CDBG funded time
and non-CDBG funded time and reflect actual time spent
on CDBG funded activities.
9.2.2.2 For non -payroll expenses, invoices for each expense listed
with an explanation as to how the invoiced expense
pertains to the Program.
9.2.2.3 Proof that each expense was paid by Agency, which proof
can be 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 new client served during the month along with their
demographic infoiumation. Clients listed on previous months' reports should not be listed
again; each month's report should only contain a listing of new Unduplicated Clients. In
order for this report to be complete the following must be submitted:
9.2.3.1 Documentation of income verification for each client,
which will either be the Source Documentation described in
Section 6.2.1, or the completed Form of Self Certification
attached hereto as Exhibit "E"- Income Self
Certification
9.3 Withholding Payment.
CITY HAS NO OBLIGATION TO MAKE PAYMENT ON ANY
REIMBURSEMENT REQUEST THAT IS NOT RECEIVED BY THE DUE DATE.
Failure to timely submit Reimbursement Requests and Complete Documentation
along with any required reports shall be an event of default.
10. DEFAULT AND TERMINATION.
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10.1 Failure to Submit Required Documentation
10.1.1 If Agency fails to submit a Reimbursement Request, or if the
submitted Reimbursement Request is incomplete or otherwise not in compliance with this
Contract or CDBG Regulations as determined by City, Agency shall be in default of this
Contract. City will notify Agency in writing of such default and the Agency will have 10
calendai days from the date of the written notice to submit or resubmit any such
Reimbursement Request to cure the default If the Agency fails to cure the default within
such time, Agency shall forfeit any payments otherwise due that month
10.1.2 NOTWITHSTANDING THE PROVISIONS OF SECTION
10.1.1, IF AGENCY FAILS TO SUBMIT THE REIMBURSEMENT REQUEST
DUE SEPTEMBER 20, 2013, OR IF THE SUBMITTED REIMBURSEMENT
REQUEST FOR SEPTEMBER 20, 2013 IS LATE, INCOMPLETE OR
OTHERWISE NOT IN COMPLIANCE WITH THIS CONTRACT OR CDBG
REGULATIONS AS DETERMINED BY CITY, THERE WILL BE NO CURE
PERIOD AND ANY REIMBURSEMENT WILL BE AUTOMATICALLY
FORFIETED.
10.1.3 In the event of (i) an uncured default under Section 10.1.1or (ii)
more than 2 instances of default, cured or uncured, under such Section, City reserves the
right at its sole option to terminate this Contract effective immediately upon written
notice of such intent with no penalty or liability to City.
10.1.4 Notwithstanding anything to the contrary herein, City will not be
required to pay any CDBG Funds to Agency during the period that any Reimbursement
Request, report or documentation is past due or is not in compliance with this Contract or
the CDBG Regulations, or during any period during which Agency is in default of this
Contract.
10.1.5 In the event of termination under this Section 10.1, all CDBG
Funds awarded but unpaid to Agency pursuant to this Contract shall be immediately
forfeited and Agency shall have no further right to such funds.
10.2 Failure to Maintain 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 incompliance with this
Contract or the ESG Regulations as determined by City in its sole discretion, City will
notify Agency in writing and Agency will have 30 calendai 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 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. In the event of termination under this Section 10.2, any CDBG Funds paid to
Agency must be repaid to City within 30 days of termination notice. Failure to repay
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such hSG Funds will result in City exercising all legal remedies available under this
Contract.
10.3 In General.
Subject to Section 10.1, and unless specifically provided otherwise in this
Contract, Agency shall be in default under this Contract if Agency breaches any term or
condition of this Contract. In the event that such a breach remains uncured after 30
calendar days following written notice by City (or such other notice period as may be
specified herein) or, if Agency has diligently and continuously attempted to cure
following receipt of such written notice but reasonably requires more than 30 calendar
days to cure, as determined by both Parties mutually and in good faith, City shall have the
right to elect, as determined in City s sole discretion, to terminate this Contract effective
immediately upon written notice of such intent to Agency, or to pursue any other legal
remedies available to City. 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
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 the termination. If such
CDBG funds are not repaid to City within the 30 day period, City shall exercise all of its
remedies under this Contract.
10.4 No Funds Disbursed while in Breach.
Agency understands and agrees that no CDBG Funds will be paid to Agency until
all defaults are cured to City's satisfaction.
10.5 No Comnensation After Date of Termination.
Agency shall not receive any compensation for work undertaken after the date of
the termination.
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. Such termination
does not terminate any provisions of this Contract that have been expressly noted as
surviving the Term or termination of the Contract.
10.7 Waiver of Breach Not Waiver of Subsequent Breach.
The waiver of a breach of any term, covenant, or condition of this Contract shall
not operate as a waiver of any subsequent breach of the same or any other term, covenant
or condition hereof.
10.8 Civil, Criminal and Administrative Penalties.
Failure to perform all the Contract terms may result in civil, criminal or
administrative penalties, including, but not limited to those set out in this Contract.
10.9 Termination for Cause.
City may terminate this Contract in the event of Agency's default, inability, or
failure to perform, or otherwise whenever such termination is determined by City to be in
City's best interest Likewise, Agency may terminate this Contract if City does not
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provide the CDBG Funds substantially in accordance with this Contract.
10.10 Termination for Convenience.
In terminating in accordance with 24 C.F.R. 85.44 this Contract may be
terminated in whole or in part only as follows:
10.10.1 By City with the consent of Agency in which case the Parties shall
agree upon the termination conditions, including the effective date and in the
case of partial termination, the portion to be terminated, or
10.10.2 By the Agency upon written notification to City, setting forth the
seasons for such termination, the effective date, and in the case of partial
termination, the portion to be terminated. However, if City determines in the
case of a partial termination 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, City may terminate the Contract in its entirety.
10.11 Dissolution of Agency Terminates Contract.
In the event Agency is dissolved or ceases to exist, all assets acquired with CDBG
Funds including cash, interest payments from loans or otherwise, all outstanding notes,
mortgages or other security instruments used to secure CDBG Funds, any accounts
receivable attributable to the use of CDBG Funds, and any real or personal property
owned by Agency that was acquired or improved with CDBG Funds shall automatically
transfer to City and this Contract shall tennmate.
11. REPAYMENT OF CDBG FUNDS.
All CDBG Funds are subject to repayment in the event the Program does not meet
the requirements as set out in this Contract or m the CDBG Regulations. If Agency
takes any action that (i) results in City receiving a finding from HUD about the
Program, or (ii) results in the City being required to repay all or any portion of the
CDBG Funds to HUD, Agency agrees it will reimburse City for such repayment.
12. CHANGE IN NON-PROFIT STATUS.
If the non-profit status of Agency changes after the date of this Contract, City
may but is not obligated to, terminate this Contract. Agency must provide City with
written notification of any changes to its non-profit status within 15 days of being
notified of the change. City has 30 days to make such determination after receipt of
notice from Agency and failure to make such determination will constitute a waiver. In
the event of termination under this Section 12, 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. Any CDBG Funds already paid to Agency must be repaid
to City within 30 days of the termination.
13. SURVIVAL.
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Any provision of this Contract that pertains to auditing, monitoring, client income
eligibility, record keeping and reports, City ordinances, or applicable CDBG
requirements, and any default and enforcement provisions necessary to enforce such
provisions, shall survive the termination of this Contract for 5 years aftei the termination
date and shall be enforceable by City against Agency
14. GENERAL PROVISIONS
14.1 Agency an Independent Contractor.
Agency shall operate hereunder as an independent contractor and not as an
officer, agent, servant or employee of City. Agency shall have exclusive control of, and
the exclusive right to control, the details of the work and services performed hereunder,
and all persons performing same, and shall be solely responsible for the acts and
omissions of its officers, members, agents, servants, employees, contractors, 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 officeis, members, agents, servants, employees, contractors, 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, licensees or invitees.
14.3 Agency Property.
City shall under no circumstances be responsible for any property belonging to
Agency, or its officeis, members, agents, employees, contractors 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.
14.4 Religious Organization
No portion of the CDBG Funds shall be used in support of any sectarian or
religious activity. In addition, there must be no religious or membership criteria for
clients of a CDBG-funded service.
14.5 Audit.
14.5.1 Entities that Expend $500,000 or more in Federal Funds Per
Year.
All non-federal entities that expend $500,000 or more in Federal funds within one
year, regardless of the source of the Federal award, must submit to City an annual audit
prepared in accordance with specific reference to OMB Circular A-133. The audit shall
cover the Agency's fiscal years during which this Contract is in force. The audit must be
prepared by an independent certified public accountant, be completed within 6 months
following the end of the period being audited and be submitted to City within 30 days of
CDBG PSA CONTRACT 2012-2013 - CLAYTON CHILD CARE, INC. DBA CLAYTON YES! 13
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 along with the first Reimbursement Request Entities that
expend less than $500,000 a year in Federal funds are exempt from Federal audit
requirements for that yeas, but records must be available for review or audit by
appropriate officials of the Federal agency, City, and General Accounting Office.
14.5.2 Citv Reserves the Rieht 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 termination
thereof. Agency agrees to allow access to all pertinent materials as described herein. If
such audit reveals a questioned practice o1 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 and/or future contract(s) 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.
14.6 Venue.
Venue for any action, whether real or asserted, at law or in equity, arising out of
the execution, performance, attempted performance or non-performance of this Contract,
shall he in Tarrant County, Texas.
14.7 Governing Law.
In any questions involving state law, for any action, whether real or asserted, at
law or in equity, arising out of the execution, performance of non-performance of this
Contract, in any issue not governed by federal law, the choice of law shall be the law
from the State of Texas.
14.8 Severability.
The provisions of this Contract are severable and, if for any reason a clause,
sentence, paragraph or other part of this Contract shall be determined to be invalid by a
court or Federal or state agency, board or commission having jurisdiction over the subject
matter thereof, such invalidity shall not affect other provisions which can be given effect
without the invalid provision.
14.9 Written Atreement Entire Contract.
This written instrument and the Addendums, Attachments, and Exhibits attached
hereto, which are incorporated by reference and made a part of this Contract for all
purposes, constitute the entice agreement by the Parties hereto concerning the work and
services to be peifoimed under this Contract. Any prior or contempoianeous oral or
written agreement, which purports to vary the terms of this Contract, shall be void. Any
CDBG PSA CONTRACT 2012-2013 - CLAYTON CHILD CARE, INC. DBA CLAYTON YES! 14
amendments to the terms of this Contract must be in writing and must be executed by
each Party to this Contract.
14.10 Paragraph Headings for Reference Only, No Legal
Significance.
The paragraph headings contained herein are for convenience in reference to this
Contract and are not intended to define or to limit the scope of any provision of this
Contract.
14.11 Compliance With All Applicable Laws and Regulations.
By signing this Contract, Agency certifies that it complies with all applicable laws
and regulations that are currently in effect or that are hereafter amended during the
performance of this Contract. Those laws include, but are not limited to:
➢ CDBG Regulations found in 24 CFR Part 570.
➢ Title I of the Housing and Community Development Act of 1974, as amended,
(42 USC 5301
➢ Title VI of the Civil Rights Act of 1964 (42 U.S.C. Sections 2000d et seq.)
including provisions requiring recipients of federal assistance to ensure
meaningful access by person of limited English proficiency
➢ The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C.
Sections 3601 et seq.)
➢ Executive Orders 11063, 11246 as amended by 11375 and 12086 and as
supplemented by 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 Ail Act, as amended, (42 U.S.0 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.0 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
CDBG PSA CONTRACT 2012-2013 - CLAYTON CHILD CARE, INC. DBA CLAYTON YES! 15
➢ 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 Woik Hours and
Safety Standards Act (40 U.S.C. 327A 300) as supplemented by 29 CFR Part
5
➢ Lead -Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et seq.), as
amended by the Residential Lead -Based Paint Hazard Reduction Act of 1992
(42 U.S.C. 4851 et seq.) and implementing regulations at 24 CFR Part 35,
subparts A, B, M, and R
➢ Uniform Administration Requirements of 24 CFR Part 85
Requirement that Law Be Quoted in Covered Contracts. — Certain Reauirements
Pertaining to Section 3 of the Housing and Urban Development Act of 1968 as amended,
(12 U.S.C. Sections 1701 et sea.) and its related regulations at 24 CFR Part 135
If the work performed under this Contract is on a program assisted under a
program providing direct Federal financial assistance from HUD, Section 3 of 24 CFR
135.38 ("Section 3") requires that the following clause, shown in italics, be inserted in all
covered contracts ("Section 3 Clause"):
Section to be quoted in covered contracts begins:
"A. The work to be peifornzed under this contract is subject to the
requirements of Section 3 of Housing and Urban Development Act of
1968, as amended, 12 U.S.C. section 1701u (Section 3). The purpose of
Section 3 is to ensure that employment and other economic opportunities
generated by HUD assisted or HUD -assisted programs covered by
Section 3, shall to the greatest extent feasible, be directed to low- and
very -low income persons, particularly persons who are recipients of HUD
assistance for housing.
B. The parties to this contract agree to comply with HUD's
regulations in 24 CFR Part 135, which implement Section 3. As evidenced
by their execution of this contract, the parties to this contract certify that
they are under no contractual or other impediment that would pi event
them from complying with the Part 135 regulations.
C. The contractor agrees to send to each labor organization or
representative of workers with which it has a collective bargaining
agreement or other understanding, if any, a notice advising the labor
organization or workers' representatives of the contractor's commitments
CDBG PSA CONTRACT 2012-2013 - CLAYTON CHILD CARE, INC. DBA CLAYTON YES! 16
under this Section 3 clause and will post copies of the notice in
conspicuous places at the work site where both employees and applicants
for training and employment positions can see the notice. The notice shall
describe the Section 3 preference, shall set forth minimum number and job
titles subject to hire, availability of apprentice and training positions, the
qualifications for each; and the name and location of the person(s) taking
applications for each of the positions; and the anticipated date the work
shall begin.
D. The contractor agrees that it will include this Section 3 clause in
every subcontract to comply with regulation in 24 CFR Part 135, and
agrees to take appropriate action, as provided in an applicable provision
of the subcontract or in this Section 3 clause, upon finding that the
subcontractor is in violation of the regulations in 24 CFR Part 135. The
contractor will not subcontract with any subcontractor where it has notice
or knowledge that the subcontractor has been found in violation of
regulations in 24 CFR 135.
E. The contractor will certi:fr that any vacant employment positions,
including training positions that are filed: (1) after the contractor is
selected but before the contract is executed, and (2) with persons other
than those to whom the regulations of 24 CFR Part 135. The contractor
will not subcontract with any subcontractor where it has notice or
knowledge that the subcontractor has been found in violation of
regulations in 24 CFR 135.
F. Noncompliance with HUD's regulation in 24 CFR Part 135 may
result in sanctions, termination of this contract for default, and debarment
or suspension from future HUD assisted contracts.
G. With respect to work performed in connection with Section 3
covered Indian housing assistance, section 7(b) of the Indian Self
Determination and Education Assistance Act (25 U.S.C. section 450e) also
applies to the work to be performed under this Contract. Section 7(b)
requires that to the greatest extent feasible (i) preference and
opportunities for training and employment shall be given to Indians, and
(ii) preference in the award of contracts and subcontracts shall be given to
Indian organizations and Indian -owned Economic Enterprises. Parties to
this contract that are subject to the provisions of Section 3 and Section
79b) agree to comply with Section 3 to the maximum extent feasible, but
not 117 derogation of compliance with Section 7(b). "
Section to be quoted in covered contracts ends.
City and Agency understand and agree that, if applicable to the Program,
compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135,
and all applicable rules and orders of HUD shall be a condition of the Federal financial
assistance provided to the Program binding upon City and Agency, and then respective
successors, assigns and the contractors. Failure to fulfill these requirements shall subject
Agency and its contractors and their respective successors and assigns to those sanctions
specified by the grant agreement through which Federal assistance is provided and to
such sanctions as are specified by 24 CFR Part 135.
CDBG PSA CONTRACT 2012-2013 - CLAYTON CHILD CARE, INC. DBA CLAYTON YES! 17
14.12 Prohibition Against Discrimination.
14.12.1 General Statement.
Agency, in the execution, performance or attempted performance of this Contract,
shall comply with all non-discrimination requirements of 24 CFR 570.607 and the
ordinances codified at Chapter 17, Article III Division 4 — Fair Housing of the City
Code. Agency may not discriminate against any person because of race, color, sex,
gender, religion, national origin, familial status, disability of 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 the
ordinances codified at Chaptei 17, Article III Division 3 - Employment Practices of the
City Code, and Agency hereby covenants and agrees that Agency, its officers, members,
agents, employees and contractors, have fully complied with all provisions of same and
that no employee, or applicant for employment has been discriminated against under the
terms of such ordinances by either or its officers, members, agents, employees or
contractors.
14.12.2 No Discrimination in 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 or subcontractor's name] will not unlawfully discriminate against any
employee of applicants for employment because of race, color, sex, gender, religion,
national origin, familial status disability or perceived disability, sexual orientation,
gender identity, gender expression or transgender. Agency will take affirmative action to
ensure that applicants are hired without regard to race, color, sex, gender, religion,
national origin, familial status, disability or perceived disability, sexual orientation,
gender identity, gender expression or transgender and that employees ale 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 foi training including apprenticeship Agency agrees to post
in conspicuous places, available to employees and applicants for employment, notices
setting forth the provisions of this nondiscrimination clause.
[Contractor or subcontractor's name] will, in all solicitations of advertisements
for employees placed by or on behalf of Agency, state that all qualified applicants will
receive consideration foi employment without regard to lace, color, sex, gender, religion,
national origin, familial status, disability or perceived disability, sexual orientation,
CDBG PSA CONTRACT 2012-2013 - CLAYTON CHILD CARE, INC. DBA CLAYTON YES! 18
gender identity, gender expression or transgender.
[Contractor or subcontractor's name] covenants that neither it nor any of its
officers members, agents, employees, or contractors, while engaged in performing this
Contract, shall, in connection with the employment, advancement or discharge of
employees or in connection with the terms, conditions or privileges of their employment,
discriminate against persons because of their age or because of any disability or
perceived disability, except on the basis of a bona fide occupational qualification,
retirement plan or statutory requirement.
[Contractor or subcontractor's name] further covenants that neither it nor its
officers members, agents, employees, contractors, or persons acting on their behalf, shall
specify in solicitations or advertisements for employees to work on this Contract, a
maximum age limit for such employment unless the specified maximum age limit is
based upon a bona fide occupational qualification, retirement plan or statutory
requirement.
14.12.3 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 ADA'S PROVISIONS AND
ANY OTHER APPLICABLE FEDERAL, STATE AND LOCAL LAWS
CONCERNING DISABILITY AND WILL DEFEND, INDEMNIFY AND HOLD
CITY HARMLESS AGAINST ANY CLAIMS OR ALLEGATIONS ASSERTED
BY THIRD PARTIES OR CONTRACTORS AGAINST CITY ARISING OUT OF
AGENCY'S AND/OR ITS CONTRACTORS', AGENTS' OR EMPLOYEES'
ALLEGED FAILURE TO COMPLY WITH THE ABOVE -REFERENCED LAWS
CONCERNING DISABILITY DISCRIMINATION IN THE PERFORMANCE OF
THIS CONTRACT.
14.13. Prohibition Against Interest / Conflict of Interest.
14.13.1 Agency shall establish safeguards to prohibit its employees, board
members, advisors and agents from using positions for a purpose that is or gives the
appearance of being motivated by a desire for private gam for themselves or others,
particularly those with whom they have family, business or other ties Agency shall
disclose to City any conflict of interest or potential conflict of interest described above,
immediately upon discovery of such.
14.13.2 No persons who are employees, agents, consultants, 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
CDBG PSA CONTRACT 2012-2013 - CLAYTON CHILD CARE, INC. DBA CLAYTON YES! 19
financial interest or benefit from a CDBG-assisted activity, or have an interest in any
contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either
for themselves or those with whom they have family or business ties, during their tenure
or for 1 year thereafter, unless they are accepted in accordance with the procedures set
forth at 24 CFR 570.611.
14.13.3 Agency affirms that it will adhere to the provisions of the Texas
Penal Code which prohibits bribery and gifts to public servants.
14.13.4 The conflict of interest provisions of 24 CFR Part 85.36 and 24
CFR Part 84.42, respectively, shall apply in the procurement of property and services by
Agency. In all cases not governed by those sections, the provisions of 24 CFR 570.611
of the CDBG Regulations shall apply.
14.14 Subcontracting with Small and Minority Firms, Women's
Business Enterprises and Labor Surplus Areas.
14.14.1 For procurement contracts $50,000 or larger 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 $50,000 or larger and will further require all
persons or entities with which it so contracts to comply with said ordinance
14.14.2 It is national policy to award a fair share of contracts to
disadvantaged business enterprises (DBEs), small business enterprises (SBEs), minority
business enterprises (MBEs), and women's business enterprises (WBEs) Accordingly,
affirmative steps must be taken to assure that DBEs, SBEs, MBEs, and WBEs are utilized
when possible as sources of supplies, equipment, construction and services.
14.15 Other Laws.
The failure to list any federal, state or City ordinance, law or regulation that is
applicable to Agency does not excuse or relieve Agency from the requirements or
responsibilities in regard to following the law, nor from the consequences or penalties for
Agency's failure to follow the law, if applicable.
14.16 Assignment.
Agency shall not assign all or any part of its rights, privileges, or duties under this
Contract without the prior written approval of Director. Any attempted assignment of
same without approval shall be void, and shall constitute a breach of this Contract.
14.17. 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 engaged in any activity in conjunction with
this CDBG-funded Program prior to any charges being incurred.
CDBG PSA CONTRACT 2012-2013 - CLAYTON CHILD CARE, INC DBA CLAYTON YES! 20
14.18 Force Maieure
If Agency becomes unable, either in whole or part, to fulfill its obligations under
this Contract due to acts of God strikes, lockouts, or other industrial disturbances, acts of
public enemies, wars, blockades, insurrections, riots, epidemics, earthquakes, fires,
floods, restraints or prohibitions by any court, board, department, commission or agency
of the United States of 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 hvent Agency will use commercially
reasonable efforts to remedy its inability to perform as soon as possible.
15. Indemnification and Release.
AGENCY COVENANTS AND AGREES TO INDEMNIFY, HOLD
HARMLESS AND DEFEND, AT ITS OWN EXPENSE, CITY AND ITS
OFFICERS, AGENTS, SERVANTS AND EMPLOYEES FROM AND AGAINST
ANY AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE
AND/OR PERSONAL 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,
CDBG PSA CONTRACT 2012-2013 - CLAYTON CHILD CARE, INC. DBA CLAYTON YES! 21
SUBCONTRACTORS, INVITEES, LICENSEES, OR CLIENTS, OR CAUSED, IN
WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS,
SERVANTS, EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS OF
CITY.
IT IS THE EXPRESS INTENTION OF THE PARTIES, BOTH AGENCY
AND CITY, THAT THE INDEMNITY PROVIDED FOR THIS SECTION
INCLUDES INDEMNITY BY AGENCY TO INDEMNIFY AND PROTECT CITY
FROM THE CONSEQUENCES OF CITY S OWN NEGLIGENCE, WHETHER
THAT NEGLIGENCE IS ALLEGED TO BE THE SOLE OR CONCURRING
CAUSE OF THE INJURY, DAMAGE OR DEATH.
AGENCY AGREES TO AND SHALL RELEASE CITY, ITS AGENTS,
EMPLOYEES, OFFICERS AND LEGAL REPRESENTATIVES FROM ALL
LIABILITY FOR INJURY, DEATH, DAMAGE OR LOSS TO PERSONS OR
PROPERTY SUSTAINED IN CONNECTION WITH OR INCIDENTAL TO
PERFORMANCE UNDER THIS CONTRACT, EVEN IF THE INJURY, DEATH,
DAMAGE OR LOSS IS CAUSED BY CITY'S SOLE OR CONCURRENT
NEGLIGENCE.
AGENCY SHALL REQUIRE ALL OF ITS CONTRACTORS AND
SUBCONTRACTORS TO INCLUDE IN THEIR CONTRACTS AND
SUBCONTRACTS A RELEASE AND INDEMNITY IN FAVOR OF CITY IN
SUBSTANTIALLY THE SAME FORM AS ABOVE.
16. Waiver of Immunity by Agency.
If Agency, as a charitable or nonprofit organization, has o1 claims an immunity or
exemption (statutory or otherwise) from and against liability foi damages or injury,
including death to persons or property, Agency hereby expressly waives its rights to
plead defensively such immunity o1 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 blanket fiduciary coverage in the form of insurance or bond
in the amount of $75,000.00 to reimburse City for any and all loss of CDBG Funds. To
effectuate such reimbursement, such fiduciary coverage shall include a iidei stating that
reimbursement for any loss or losses thereunder shall be made directly to City. In
addition, Agency shall maintain an Employee Dishonesty policy to cover it for employee
theft of money, securities or property.
Agency shall carry insurance in the types and amounts for the duration of this
Contract as listed below, and furnish certificates of insurance along with copies of policy
declaration pages and policy endorsements as evidence thereof.
CDBG PSA CONTRACT 2012-2013 - CLAYTON CHILD CARE, INC. DBA CLAYTON YES! 22
Commercial General Liability ("CGL") Insurance
$1, 000,000 Each Occurrence
$2, 000,000 Aggregate Limit
The CGL policy shall be the primary insurance with respect to any other
insurance afforded the City. It shall have no exclusions or endorsements that
would alter of nullify premises/operations, products/completed operations,
contractual, personal injury or advertising injury which are normally contained
within the policy unless City approves such exclusions in writing.
Professional Liability (Errors and Omissions)
$1,000,000 hach Claim Limit
$1,000,000 Aggregate Limit
Professional Liability coverage may be provided through an endorsement to the
Commercial General Liability policy, or a separate policy specific to Professional
Error and Omissions. hither is acceptable if coverage meets all other
requirements. Coverage shall be on an occurrence basis or claims -made basis,
and maintained for the duration of the Contract and for 2 years following
completion of services provided. An annual certificate of insurance shall be
submitted to the City to evidence coverage.
Automobile Liability
$1,000,000 each accident on a combined single -limit basis, or
$100,000 Property Damage
$250,000 Bodily injury per person
$500,000 Bodily Injury per person per occurrence
Coverage shall be a commercial business policy which provides coverage on
` Any Auto", defined as any vehicle owned hired or non -owned. Specifically,
this means coverage on any vehicle used by the Agency's employees agents, or
representatives in the course of the providing services under this Contract.
Workers' Compensation Insurance
Statutory Limits
Employer s Liability
$100,000 Each accident/occurrence
$100,000 Disease - each employee
$500,000 Disease - policy limit
This coverage may be written as follows:
Workers' Compensation and Employers' Liability coverage with limits consistent
with statutory benefits outlined in the Texas Workers' Compensation Act (Art.
8308 — 1.01 et seq. Tex. Rev. Civ. Stat.) and minimum policy limits for
Employees' Liability of $100,000 each accident/occur ence, $500,000 bodily
injury disease policy limit and $100,000 per disease per employee.
CDBG PSA CONTRACT 2012-2013 - CLAYTON CHILD CARE, INC. DBA CLAYTON YES! 23
Note: Such insurance shall cover employees performing work on any and all
Programs 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 contract.
Additional Requirements
Agency is responsible for providing City a 30 day notice of cancellation or non -
renewal of any insurance policy and may not change the terms and conditions of any
policy that would limit the scope or coverage, or otherwise alter or disallow coverage as
required herein.
Such insurance amounts may be revised upward at City's option no more
frequently than once every 12 months City shall give 90 days' notice to Agency of any
such adjustments
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 City s employees, officers, agents, and volunteers. This requirement does not
include Workers' Compensation or Automobile policies.
Certificates of Insurance shall be signed by an agent authorized to bind coverage
on behalf of on the insured, be complete in its entirety, and show complete insurance
carrier names as listed in the current A.M. Best Property & Casualty Guide.
Unless otherwise stated, all required insurance shall be written on an "occurrence
basis". If coverage is underwritten on a claims -made basis, the retroactive date shall be
coincident with or prior to the date of the Contract and the certificate of insurance shall
state the coverage is claims -made and the retroactive date.
City shall be entitled, upon written request and without expense to receive copies
of policies and endorsements thereto and may make any reasonable requests for deletion
or revision or modifications of particular policy terms, conditions, limitations or
exclusions necessary to conform the policy and endorsements to the requirements of this
Contract. Deletions, revisions or modifications shall not be required where policy
provisions are established by law or regulations binding upon either Party or the
underwriter of any such policies.
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
CDBG PSA CONTRACT 2012-2013 - CLAYTON CHILD CARE, INC. DBA CLAYTON YES! 24
A.M Best Key Rating Guide rating of A: VII or other equivalent insurance industry
standard rating otherwise approved by City.
Deductible limits on insurance policies shall not exceed $5,000 per occurrence
unless otherwise approved by City.
In the event there are any local, federal or other regulatory insurance or bonding
requirements for the Program, and such requirements exceed those specified herein, the
former shall prevail.
Agency shall require its contractors to maintain applicable insurance coverages,
limits, and other requirements as those specified herein; and, Agency shall require its
contractors to provide Agency with certificate(s) of insurance documenting such
coverage. Also, Agency shall require its contractors to have City and Agency endorsed
as additional insureds (as their interest may appear) on their respective insurance policies.
18. Certification Retarding 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 of 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. Any person who fails to file the
requited certification shall be subject to a civil penalty of not less than
$10,000.00 and not more than $100,000.00 for each such failure.
Agency shall require that the language of this certification be included in all
subcontracts or agreements involving the expenditure of Federal funds.
CDBG PSA CONTRACT 2012-2013 - CLAYTON CHILD CARE, INC. DBA CLAYTON YES! 25
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 wilting and are
deemed delivered on the earlier date of the date actually received or the third day
following deposit in a United States Postal Service post office or receptacle with proper
postage, certified mail return receipt requested; and addressed to the other Party at the
address set out below or at such other address as the receiving Party designates by proper
notice to the sending Party.
City:
City Attorney's Office
1000 Throckmorton Street
Fort Worth, TX 76102
Telephone: 817-3 92-760 0
Copy to:
Director of Housing and Economic Development
1000 Throckmorton Street
Fort Worth, TX 76102
Telephone• 817-392 7540
Copy to:
Program Coordinator
1000 Throckmorton Street
Fort Worth, TX 76102
Telephone: 817-392-6342
Agency:
hankie McMurrey, Interim Fxecutive Director
Clayton Child Cale, Inc dba Clayton Yi St
1215 Country Club Lane
Fort Worth, TX 76112
Telephone: 817-923 -9 8 8 8
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
CDBG PSA CONTRACT 2012-2013 - CLAYTON CHILD CARE, INC. DBA CLAYTON YES! 26
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.
[SIGNATURES APPEAR ON NEXT PAGE]
CDBG PSA CONTRACT 2012-2013 - CLAYTON CHILD CARE, INC. DBA CLAYTON YES! 27
ATTEST:
City Se&&&u7y
M&C: C 25767- r
Date: August 7, 2012
APPR 1 VED AS TO FO
Assistant City Attorney
IN WITNESS WHEREOF, the Parties hereto have executed copies of this
Contract in Fort Worth, Tarrant County, Texas, to be effective on October 1, 2012.
*tar*
FOftfJ
icf(74,v000°°°°°00c
Y OF FORT WORTH
rnando Costa, Assistant City Manager
CLAYTON CHILD CARE, INC. DBA CLAYTON YES!
•
By:
Name{ Frankie McMurrey
Title: Interim Executive Director
Lten
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on OCAth)e i , 2012 by
Fernando Costa, Assistant City Manager of the City of Fort Worth, on behalf the City of
Fort -h ;�.
T` w
��41/i011,�" �r /{ (Y\
rL/,�`
2' . ,Y kb.. i INUA M. HIRRLINGER _ *WIMP``ro ' 1 MY COMMISSION EXPIRES Notary Public, State of Texas 0
}•;,z • •.•' February 2, 2014
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on
her ;-te , 2012 by
Frankie McMun'ey, the Interim Executive Director of Clayton Child Care, Inc. dba
Clayton YES!, a non-profit corporation, on behalf of said corporation.
MIA& DekrLIP
Notary Public, State of Texas
BILLINDA GAIL OVERTON
Notary Public, State of Texas
My Commission Expires
November 10, 2015
•
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH TX ,
CDBG PSA CONTRACT 2012-2013 - CLAYTON CHILD CARE, INC. DBA CL
Clayton Child Care, Inc. EXHIBIT A
Clayton YES I PROGRAM SUMMARY
PROGRAM SUMMARY
Community Development Block Grant
(CDBG)
October 1, 2012 to September 30, 2013
PERIOD
PROGRAM:
$75,000.00
AMOUNT
The Program provides each Unduplicated Client with safe, high quality out -of -school time
programs to school aged youth in a fun, enriching learning environment. Clayton YES! also
provides full clay enrichment programs during the holidays and summer.
Services will be available at the locations listed below from 6:30 am to 6:00 pm, Monday
through Friday.
Fort Worth Indenendent School District
Alice Carlson, 3320 West Cantey Street, Fort Worth Texas 76109
Como Montessori, 4001 Littlepage Street Fort Worth, Texas 76107
Chapel Hill, 4640 Sycamoie School Road, Fort Worth, Texas 76133
J.T. Stevens, 6161 Wrigley Way, Fort Worth, Texas 76133
Lily B. Clayton, 2000 Park Place, Fort Worth, Texas 76110
Hazel Harvey Peace, 7555 Tiail Lake Drive, Fort Worth Texas 76133
Tanglewood, 3060 Overton Park Drive, Fort Worth, Texas 76109
Woodway, 6701 Woodway Drive, Fort Worth, Texas 76133
Keller Indenendent School District
Basswood, 3100 Clay Mountain Trail, Fort Worth, Texas 76137
Bette Perot, 9345 General Worth Drive Keller, Texas 76244
Bluebonnet, 7000 Teal Drive, Fort Worth, Texas 76137
Caprock, 12301Grey Twig Drive, Kellei, Texas 76244
Eagle Ridge, 4600 Alta Vista Road, Kellei, Texas 76244
Friendship, 5400 Shiver Road Keller, Texas 76244
Freedom 5401 Wall Price, Kellei, Texas 76244
Heritage, 4001 Thompson Road, Keller, Texas 76244
Independence 11773 Bray Birch, Keller, Texas 76244
Lone Star, 4647 Shiver Road, Keller, Texas 76244
North Riverside, 7900 North Riverside Drive, Fort Worth, Texas 76137
Park Glen, 5100 Glen Canyon Road, Fort Worth, Texas 76137
Parkview 6900 Bayberry Drive, Fort Worth, Texas 76137
Parkwood Hill Intermediate, 8201 Parkwood Hill Boulevard, Fort Worth, Texas 76137
Trinity Meadows Intermediate, 3500 Keller Hicks Road Fort Worth, Texas 76244
Woodland Springs, 12120 Woodland Springs Drive, Keller, Texas 76244
EXHIBIT A - CLAYTON CHILD CARE, INC. DBA CLAYTON YES!
CDBG funds will be used to pay for scholarship assistance to income eligible households for
after school and summer full day enrichment activity programs. Please note that only Fort
Woi th residents are eligible to receive direct scholarship assistance provided by CBDG
funds.
REGULATORY CLASSIFICATION:
IDIS Matrix Code(s) and Service Category: 05L and Child Care Services
National Objective Citation: §570.208(a)(2)
Regulatory Citation(s): 24 CFR 570.201(e)
Based on the nature of the service provided, Child Care Associates, Inc. will maintain
documentation that verifies that 100% of clients served by the Program are income eligible
with current household incomes at of below 80% of Area Median Income (AMI) as
established or defined by the United States Department of Housing and Urban Development
(HUD).
PROGRAM GOALS:
Provide services to approximately 50 Unduplicated Clients.
EXHIBIT A - CLAYTON CHILD CARE, INC. DBA CLAYTON YES! 2
ADMINISTRATIVE
Salaries 1001
FICA 1002
Life Insurance 1003
Health Insurance 1004
Disability Insurance 1005
Unemployment -State 1006
Accounting I 1007
TOTAL ADMINISTRATIVE EXPENSES
% Administrative Cost
PROGRAM PERSONNEL
Salaries I 2001
FICA 2002
Life Insurance 2003
Health Insurance 2004
Unemployment 2005
Worker's Compensation 2006
Retirement 2007
SUPPLIES AND SERVICES
Office Supplies 3001
Office Equipment Rental 3002
Postage * 3003
Printing 3004
MISCELLANEOUS
Construction/Building Materials (only REACH) 4001
Contract Labor (City needs copy of contract before
expenses can be reimbursed) 4002
Craft Supplies 4003
Field Trip Admission Expenses 4004
Other Field Trip Expenses (if preapproved by City) 4005
Food Supphes 4006
Teaching Aids 4007
FACILITY AND UTILITIES
Telephone 5001
Electric 5002
Gas 5003
Water and Wastewater 5004
Solid Waste Disposal 5005
Rent (City needs copy of lease before expenses can
be reimbursed) 5006
Custodial Services 5007
Repairs 5008
Cleaning Supplies 5009
L LEGAL, FINANCIAL, AND INSURANCE
I Fidelity Bond or Equivalent 6001
Directors and Officers 6002
General Commercial Liability 6003
Contract Accounting** 6005
DIRECT ASSISTANCE
Childcare Scholarships 7001 75,000
Short-term Rent Assistance 7002
Short-term Mortgage Assistance 7003
Short-term Utilities Assistance 7004
Tenant Based Rental Assistance 7005
TOTAL 75,000
FUNDING A: PARENT FEES
FUNDING B: CCMS (CHILD CARE MANAGEMENT SERVICES)
FUNDING C: TEXAS DEPARTMENT OF AGRICULTURE
FUNDING D: PRIVATE FOUNDATIONS
EXHIBIT B - BUDGET
l Account Grant A
Budget
810,530
70,098
65,660
10,150
58,310
347,370
30,042
28,140
4,350
24,990
18,200 7,800
66,150
6,230
154,700
1,260,028
C
17,955 10,395
2,670
66,300
529,617
*ACCOUNT 3303 POSTAGE INCLUDES OTHER COSTS:
CENTER LICENSING FEES $ 15,000
CENTER TELEPHONE $ 8,300
CENTER ACTIVITIES $ 16,150
FIELD TRIPS & FIELD TRIP TRANSPORTATION $ 23,600
STAFF TRAVEL $ 20.250
$ 83,300
**ACCOUNT 6005 CONTRACT ACCOUNTING INCLUDES CENTER RENTAL COSTS:
10,395
D I TOTAL
19,800
19,800
$221,000
1,157,900
100,140
93,800
14,500
83,300
26,000
94,500
8,900
221,000
94,800
1,894,840
Exhibit B - CLAYTON CHILD CARE, INC. DBA CLAYTON YES!
The following tables are purely informational and were created solely for purposes of preparing, negotiating, and
determining the reasonableness of the overall line item budget on the first page of this EXHIBIT B — BUDGET and
are not to be considered part of the terms and conditions of this Contract. Conti actor may make changes to any
column except the "Position' column in the ` Salary Detail" table without the City's consent so long as the total
amounts charged to the grant do not exceed the line items on the first page of the EXHIBIT B — BUDGET.'
Changes to the column labeled "Position" may only be made with the prior written consent of the City.
Position Name
FICA
Life Insurance
Health Insurance
Unemployment
Workers Compensation
Retie ement
Office Supplies
Office Equipment Rental
Postage
Printing
Contract Labor
Craft Supplies
Facility Fees
Field Trip Costs
Food Supplies
Teaching Aids
Telephone
Electric
Gas
Water and Wastewater
Solid Waste Disposal
Rent
Custodial Services
Repairs
Cleaning Supplies
SALARY DETAIL
Rate Annual Hours Percent to Grant Amount to Grant
Percent of Payroll
FRINGE DETAIL
Amount Percent to Grant
SUPPLIES AND SERVICES
Total Budget Percent to Grant
MISCELLANEOUS
Total Budget Percent to Grant
FACILITY AND UTILITIES
Total Budget Percent to Grant
Amount to Grant
Amount to Grant
Amount to Grant
Amount to Grant
Exhibit B - CLAYTON CHILD CARE, INC. DBA CLAYTON YES
Fidelity Bond (or Equivalent)
General Commeicial Liability
Directois and Officers
Contract Accounting
Childcare Scholarships
Short -Term Rent Assistance
Short Term Mortgage Assistance
Short Tenn Utilities Assistance
Tenant Based Rental Assistance
1
1
FINANCIAL AND INSURANCE
Total Budget Percent to Grant
DIRECT ASSISTANCE
Total Budget
$75 000.00
Amount to Grant
Percent to Grant Amount to Grant
100% $75,000.00
Exhibit B - CLAYTON CHILD CARE, INC. DBA CLAYTON YES
EXHIBIT C — Audit Certification Form
[See attached]
Agency:
AUDIT CERTIFICATION FORM AND AUDIT REQUIREMENTS
Fiscal Year Ending:
During the fiscal year in which funds will be received, we will exceed the federal expenditure
threshold of $500,000. We will have our Single Audit or Program Specific Audit completed and
will submit the A-133 audit report within seven (7) months after the end of the audited fiscal year
or thirty (30) days within its completion, whichever is the earlier date.
n During the fiscal year in which funds will be received, we will not exceed the $500,000 federal
expenditure threshold required for a Single Audit or a Program Specific Audit to be performed this
fiscal year. (Fill out schedule below)
Federal Grantor
Federal Expenditure Disclosure
MUST be filled out if Single Audit or Program Audit is NOT required.
Pass Through Program Name R. Contract
Grantor CFDA Number Number
Total Federal Expenditures for this Fiscal Year:
Expenditures
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 OMB Circulars A-133 by the
required due date may result in suspension of funding and may affect eligibility for future funding.
Notwithstanding the above, this certification acknowledges the agency's commitment to meet all
other financial reporting, financial statements, and other audit requirements as may be set forth
in the Contract.
Exhibit D - Reporting Forms
[See attached]
Agency:
Address:
City, State, Zip:
Program:
Period of Service:
Program
INVOICE
Amount
This Invoice Cumulative to Date
1Hid
Agency's Certification: I certify that the costs incurred are valid and
consistent with the terms and conditions of the contract between City and
Agency By signing this invoice, I certify that to the best of my knowledge
and belief the data included in this report is true and accurate. It is
acknowledged that the provision of false information could leave the
certifying official subject to the penalties of federal, state, and local law.
Signature and Date:
Name:
Title:
Agency.
Program:
City of Fort Worth
Housing and Economic Development Department
Expenditure Worksheet
PARENTS
DATE OF I UoUnaY
Lisa No IAST FIRST BIRTH AGE UNIT '•RATE COPAYS DESCRIPTiON Account AMOUNT
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
Total
'Payroll must idenafy employee. Rent must 'denary tenant Other payments shou:d ident7y ediriduals, ifapptcable.
"Wended - $17.09 child/day for ran-TRS School Day
"Blended - $18 09 child/day for TRS School Day
"Blended-$20.50 n1441day for non-TRS Sumer Ful Day
"Blended - $21.50 chldlday for TRS Summer Full Day
Expense Line Item
DIRECTASSISTANCE
Ch9dcare Schohrshos
Attachment II
IAccount a
I 7001 I
Agency:
Program:
Month:
ATT 111
UNDUPLICATED CLIENT DATA REPORT
NUMBER OF NEW CLIENTS SERVED THIS MONTH:
TOTAL UNDUPLICATED CLIENTS SERVED, ENTIRE CONTRACT PERIOD:
IOstructions: This report is meant to Ilat all unduplicated clients served during the contract year (October 1, 2012 to September 30, 2013). Each month, please add any new, previously unreported clients. You will also attach eligibility documentation for each new cllen
Name
1
2
3
4
5
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
Street Address
Ago
Sex Ethnicity
(Indicate One) I (Indicate Ono)
Male Female
1
Hispanic
Non-
HI/manic
American
Indlen or '
Alaskan
Nether Aelan
Native
Hawallan
Black or or Other
African Pacific
American Islander
Raw (Indicate Ono)
American
Indian or
American Alaska Other
Indian or Black or Native and Multiple
Alaskan African Blackor Race
Native and Asian and American African Combined
White White White and White Amodcan one'
Disabled
(Indicate Ono)
Y
ze
HH Income
(Only choose 1 of the 4 columns)
<30%AMI 31.50%
AMI
24316 600
3018.700
demo 750
94322450
6424,100
7<$25 750
84927 400
2<$27700
3t$31 150
4<S34 600
54837.400
64540150
7d42 950.
84545700
80% AMI
FHOH
(Indicate Ono)
2<$43 750 25$43750
3549 850 13149.850 Yea
4< 55.350 I4>$55350
54359800 i5,459800
6564450 6>$84,250
7KSGB 650 7>$68 650 •
84473100 19373100
1
Exhibit E — Income Certification Forms
[See attached]
CERTIFICATION OF INCOME STATEMENT
Applicant Name:
Current Address: Phone #:
Household Members and Income
(Including Applicant)
Last Name First Name Age Monthly Source/Employer Name
Income
**PERSONAL INFORMATION: (Check one in each item. Optional Information foi 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 CLIENT WOMEN HEAD OF HOUSEHOLD
■
■
■
■
HISPANIC ❑ YES ❑ YES
NON -HISPANIC ❑ NO ■ NO
* TOTAL NUMBER OF HOUSEHOLD
MEMBERS
Total Anticipated Annual Household Income:
(Include Yourself AND everyone who
lives in the house.)
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.
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.
Signature of Applicant
For use by funding agency:
Household Size:
Income Limit:
Person Making Determination*
Annual Income:
Is Applicant Eligible:
Date:
Date
CERTIFICACION DE DECLARACION DE INGRESOS
Nombre del Solicitante:
Domicilio Actual: Numero de Telefono:
Miembros en el Hogar e Ingresos
(incluir el/la solicitante)
Apellido Nombre Edad Ingreso Fuente de Ingresos/Nombre de Empleador
Mensual
**INFORMACI6N PERSONAL• (Seleccione uno en cada categoria. Infoimacion opcional para propositos de informacion Federal)
a. ❑ MASCULINO b. ❑ CAUCASICO ■ NEGRO/AFRICANO AMERICANO
❑ NEGRO/AFRICANO AMERICANO & CAUCASICO
❑ FEMININO ❑ INDIO AMERICANO/NATIVO DE ALASKA ❑ ASIATICO
INDIO AMERICANO/NATIVO DE ALASKA & CAUCASICO ❑ ASIATICO & CAUCASICO
NATIVO HAWAIANO/OTRO DE LAS ISLAS PACIFICAS ❑ BALANCE/OTRO
❑ INDIO AMERICANO / NATIVO DE ALASKA & NEGRO/AFRICANO AMERICANO
c. ETNICIDAD d. DISCAPACITADO e. tES EL SOLICITANTE UNA MUJER Y CABECERA DEL HOGAR?
❑ HISPANO ❑ SI ❑ SI
I —I NO-HISPANO ■ NO ■ NO
■
* NUMERO TOTAL DE MIEMBROS EN EL HOGAR
Ingreso total del hogar anual anticipado:
(Incluye a si mismo y a todos los que viven en
la casa)
Certificacion•
Certifico que la informacion que proporciono es verdad y podria ser susceptible a la comprobacion a cualquier
tiempo por terceros. Yo tambien reconozco que la provision de informacion falsa me podria dejar sujeto a las
penalidades Federales, Estatales y locales.
ADVERTENCIA: TITULO 18, SECCION 1001 DEL CODIGO DE EE.UU. QUE UNA PERSONA ES
CULPABLE DE UN DELITO POR SABER Y VOLUNTARIAMENTE HACER DECLARACIONES
FALSAS 0 FRAUDULENTAS A CUALQUIER DEPARTAMENTO DEL GOBIERNO
ESTADOUNIDENSE.
Firma del Solicitante Fecha
Para el use de la agencia financiando:
# De Miembros en el Hogar: Ingreso Anual:
Limite de Ingreso: tEs el solicitante elegible? :
Persona haciendo la determinacion: Fecha•
Exhibit F — 2012 HUD Income Limits
2012 Median Family Income — Fort Worth/Arlington, TX
1 Person 2 Persons 3 Persons 4 Persons 5 Persons 6 Persons 7 Persons 8 Persons
30%AMI $14,550 $16,600 $18,700 $20,750 $22,450 $24,100 $25,750 $27,400
1 50% AMI $24,250 $27,700 $31,150 $34,600 $37,400 $40,150 $42,950 $45,700
1 80% AMI $44,300 $43,750 $49,850 $55,350 $59,800 $64,250 $68,650 $73,100
M&C Review
aeo
exas=
r_C1 fi DA
-
COUNCIL ACTION: Approved As Amended ort 8/7/2012 Ordinance Nov 20316-08-2012
CONTINUED FROM A
DATE 7/24/2012 REFERENCE C-25767
NO..
CODE"
SUBJECT:
C TYPE:
NON -
CONSENT
PREVIOUS WEEK
LOG NAME:
PUBLIC
HEARING
17HUDACTPLANPYI2-
13
YES
Conduct a Public Hearing and Approve City's 2012-2013 Action Plan for the Use of
Federal Grant Funds from the United States Department of Housing and Urban
Development in the Amount of $9 278,851 00 for Program Year 2012-2013 from the
Community Development Block Grant, HOME Investment Partnerships Program,
Emergency Solutions Grant and Housing Opportunities for Persons with AIDS Grant
Programs, Authorize Collection and Use of Program Income, Authorize Application of
Indirect Cost Rates, Authorize Execution of Related Contracts and Interdepartmental
Letters of Agreement and Adopt Appropriation Ordinance (ALL COUNCIL
DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council:
1. Conduct a public hearing to allow citizen input and consideration of the City's 2012-2013 Action
Plan for use of federal grant funds from the United States Department of Housing and Urban
Development in the amount of $9,278,851.00 for Program Year 2012-2013 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 2012-2013 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 resulting from
activities using prior years' Community Development Block Grant funds for the programs and
activities detailed below;
4. Authorize the collection and use of any program income resulting from activities using prior
years HOME Investment Partnerships Program funds for the City's Homebuyer Assistance
Program,
5. Authorize the City Manager, or his designee, to execute contracts and interdepartmental Letters
of Agreement for a one year term with the agencies listed below in Tables 1, 2, and 3 for Program
Year 2012-2013 for Community Development Block Grant, Emergency Solutions Grant and
Housing Opportunities for Persons with AIDS grant funds, contingent upon receipt of funding;
6. Authorize the City Manager, or his designee, to extend the contracts and interdepartmental
Letters of Agreement for up to one year if an agency or department requests an extension and
FART
ORTH
http://apps.cfwnet.org/council_packet/mc review.asp7ID=17008&councildate=8/7/2012[8/13/2012 11:48:42 AM]
M&C Review
such extension is necessary for completion of the program;
7. Authorize the City Manager, or his designee, to amend the contracts and interdepartmental
Letters of Agreement if necessary to achieve program goals, provided any amendment is within
the scope of the program and in compliance with City policies and all applicable laws and
regulations governing the use of federal grant funds;
8. Apply indirect cost rates as applicable for the Grants Fund in accordance with the City's
Administrative Regulations; and
9. Adopt the attached appropriation ordinance increasing the estimated receipts and
appropriations to the Grants Fund in the total amount of $9,278 851 00 ($5,830,119 00 in
Community Development Block Grant funds, $1,973,169.00 in HOME Investment Partnerships
Program funds, $532,857.00 in Emergency Solutions Grant funds and $942,706.00 in Housing
Opportunities for Persons with AIDS funds) plus any program income, all subject to receipt of such
funds.
DISCUSSION:
The City's Action Plan is a comprehensive summary of the major housing and community
development activities programs and proposed expenditures for the use of federal grant funds in
the amount of $9,278,851.00 from the United States Department of Housing and Urban
Development (HUD) for the program year beginning October 1, 2012 and ending September 30,
2013 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. This year's Action Plan also summarizes the use of program
income resulting from activities using prior years CDBG and HOME funds. The purpose of these
grant funds is to primarily benefit low and moderate income City residents, with ESG funds
primarily benefiting homeless persons and HOPWA funds primarily benefiting persons with
HIV/AIDS.
A 30-day public comment period on the City's proposed Action Plan was held from June 25, 2012
to July 25, 2012. Any comments will be maintained by the Housing and Economic Development
Department in accordance with federal regulations. This public hearing on the City's Action Plan
will be the first public hearing for the HUD -required citizen participation process. A second public
hearing is proposed for August 7, 2012 at which time the City Council is scheduled to approve the
Action Plan. The City's Action Plan must be submitted to HUD by August 16, 2012.
In addition, two public hearings were held on July 16, 2012 at 9:30 a.m. and 6:00 p.m. for citizens
to provide comment on the proposed lists of neighborhood streets eligible for reconstruction using
CDBG funds. The Transportation and Public Works Department prepared a list of pnority streets in
CDBG-eligible areas. The streets selected for reconstruction were based on the comments
provided at the public hearings. A complete list of the streets is attached and will be included in the
Action Plan.
The allocations in the draft Action Plan available during the public comment period were based on
funding estimates available at that time. The amounts set out below reflect the allocations from
HUD at the time of this Mayor and Council Communication (M&C). The allocations are not yet final
and if the amounts increase, Staff will bring forward another M&C to commit the additional funds
Staff developed recommendations for the allocation of the estimated funding from HUD and
presented them to the Community Development Council (CDC) on June 4, 2012. A summary of
the CDC's funding recommendations is provided below in Tables 1, 2, and 3 and a spreadsheet of
all specific funding recommendations is attached.
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For Program Year 2012-2013, the $5,830,119.00 in CDBG funds and $50,000.00 of CDBG
program income is recommended to be allocated as follows:
Housing Programs and Services - $2,124,038.00
This item includes funding for the City's Priority Repair Program, Cowtown Brush -Up, homebuyer
and housing services, and accessibility modifications to the homes of senior and/or disabled
individuals and related project delivery costs for these programs.
Public Services - $874,517.85
This item includes social services for low to moderate income, disabled, and disadvantaged
populations.
Community Facilities and Infrastructure - $930,596.05
This item includes funding for neighborhood streets reconstruction and streetlight installation for
the Terrell Heights neighborhood.
CDBG Economic Development - $734,943.30
This item is this year's payment of the City's Section 108 loan from HUD.
CDBG General Administration - $1,166,023.80
This item includes costs for administering the CDBG grant including allocations for Financial
Management Services, Internal Audit, and Planning and Development.
CDBG Estimated Program Income - $50,000.00
Staff recommends allocating any CDBG program received to the following items.
CASA of Tarrant County, Inc. $ 1,875.00
Cultural Arts Center $ 1,875.00
Day Resource Center for the Homeless $ 1,875.00
YWCA Fort Worth & Tarrant County $ 1,875.00
Neighborhood Street
Reconstruction $32,500.00
CDBG General Administration (20 percent) $10,000.00
Total CDBG Program Income $50,000.00
For Program Year 2012-2013, the $1,973,169.00 in HOME funds is recommended to be allocated
as follows:
HOME General Administration - $197,316.90
This item includes costs for administering the HOME grant.
Community Development Housing Organizations (CHDO) Set Aside - $0.00
This HUD -required minimum allocation has been met with previous years' awards to CHDOs for
nonprofit affordable housing projects and CHDO administrative operating costs.
Homebuyer Assistance Program - $1,775,852.10
This item includes funding to provide down payment and/or closing cost assistance to low and
moderate income homebuyers.
Staff anticipates the receipt of program income in the 2012-2013 Program Year from activities
using HOME funds. Any future program income will be used for the City's Homebuyer Assistance
Program (HAP) after the 10 percent allocation, excluding recapture, for HOME General
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Administration.
For Program Year 2012-2013, the $532,857.00 in ESG grant funds is recommended to be
allocated as follows:
Allocation to non-profit service providers - $492,892.72
Allocation to ESG program administration - $39,964.28
For Program Year 2012-2013, the $942,706.00 in HOPWA grant funds is recommended to be
allocated as follows:
Allocation to non-profit service providers - $914,424.82
Allocation to HOPWA program administration - $28,281.18
The CDC and Staff recommend that contracts be executed with the agencies listed below in the
amounts shown in the following tables:
community Development Block Grant:
Table 1 - CDBG Agencies
Organization Program
Diamond Hill and
N orthside Station
Camp Fire USA First Texas Council
CASA of Tarrant County, Inc.
Cenikor Foundation
Clayton Child Care. Inc d/b/a Clayton
YES'
Cornerstone Assistance Network
Cultural Arts Center
Day Resource Center for the Homeless
The Ladder Alliance
Mental Health Association of Tarrant
County
Northside Inter -Church Agency, Inc.
Senior Citizen Services of Greater
Tarrant County
Tarrant Area Food Bank
YWCA Fort Worth & Tarrant County
YWCA Fort Worth & Tarrant County
CDBG Public Service Subtotal
REACH Resource Center on
Independent Living
Volunteer Advocate
Training
S ubstance Abuse
Treatment
S chool Age Child Care
N ew Life Center/Promise
House
GED in Spanish
Counseling Services and
Case Management
Employment Training
Long Term Care
O mbudsman
Good Works/Buenas
Obras
Transportation for
Seniors
Community Kitchen/Meals
Child Development
P rogram
Power of Self
P roject Ramp
Amount
$ 75,900.00
$ 30,000.00
$ 75,000.00
$ 75,000.00
$ 75,000.00
$ 30,000.00
$ 31,808.50
$ 75,000.00
$ 75,000.85
75,000.00
$ 75,000.00
$ 75,000.00
$ 75,000.00
$ 31.808.50
$ 874,517.85
$ 50.000.00
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TOTAL CDBG Contracts
$ 924,517.85
Emeraencv Solutions Grant:
Table 2 - ESG Agencies
Organization
Catholic Charities of Fort Worth
CFW: Parks and Community Services
P resbyterian Night Shelter
S afeHaven of Tarrant County
Day Resource Canted
Program
Prevention and Rapid
Re -Housing
Community Action
Partners
The Emergency Shelter
Program
Shelter Operations and
Rapid Re -Housing
Counseling Services and
Case Management
TOTAL ESG Contracts
Housina Onoortunities For Persons With AIDS:
Table 3 - HOPWA Agencies
Organization
AIDS Outreach Center, Inc.
Tarrant County Samaritan Housing, Inc.
TOTAL HOPWA Contracts
These programs are available in ALL COUNCIL DISTRICTS.
Amount
$ 38,17852
$ 75,000.00
$ 167,892.72
$ 175,000.00
$ 36,821,48
492,892.72
Program Amount
Administration (three percent),
S upportive Services, TBRA, and
STRMU
Administration (three percent),
S upportive Services, and TBRA $ 301.665.92
$ 914,424.82
$ 612,758.90
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above
recommendations, adoption of the attached appropriation ordinance and receipt of grant funds,
funds will be available in the current operating budget, as appropriated, of the Grants Fund.
TO Fund/Account/Centers
GR76 5XXXXX 017206280XXX
GR76 451727 017206281XXX
GR76 5XXXXX
017206281 XXX
GR76 5XXXXX 017206283XXX
GR76 451727 017206284XXX
GR76 5XXXXX 017206284XXX
GR76 451685 017206280XXX
$5.e30.119.00,
$5.830.11, 9.00
$1.973.169.00
$1.973.169.00
$532.857.00
$942.706.00.
$942.706.00,
$50.000.00,
FROM Fund/Account/Centers
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GR76 5XXXXX 017206280XXX $50.000.00
$532.857.00
Submitted for City Manaaer's Office bv:
Originatina Department Head:
Additional Information Contact:
ATTACHMENTS
17HUDACTPLANPY12-13 A012 VG(11.doc
2012-13ActionPlanFundinnRecommendations.pdf
List of Selected Streets for 2012-2013.odf
Fernando Costa (6122)
Jay Chapa (5804)
Cynthia Garcia (8187)
Avis F. Chaisson (6342)
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