HomeMy WebLinkAboutContract 60400STATE OF TEXAS
§
COUNTY OF TARRANT
CSC No. 60400
This contract ("Contract") is made and entered into by and between the City of Fort Worth (hereafter
"City") and Junior Achievement of the Chisholm Trail, Inc. (hereafter "Agency"), a Texas non-profit corporation.
City and Agency may be referred to individually as a "Party" and jointly as "the Parties".
The Parties state as follows:
WHEREAS, City receives grant monies from the United States Department of Housing and Urban
Development through the Community Development Block Grant ("CDBG") Program, Program No. B-23-MC-
48-0010, Catalog of Federal Domestic Assistance No. 14.218;
WHEREAS, a national objective of the CDBG program is to benefit low and moderate income citizens in
accordance with 24 CFR Part 570, as amended from time to time;
WHEREAS, Agency submitted a proposal to use CDBG funds for a program to serve individuals and
families, 51% of whom must be low and moderate income;
WHEREAS, City citizens, the Community Development Council, and the City Council have determined
that CDBG programs are needed by the City's citizens.
NOW, THEREFORE, the Parties understand and agree as follows:
1. INCORPORATION OF RECITALS.
City and Agency hereby agree that the recitals set forth above are true and correct and form the basis upon
which the Parties have entered into this Contract.
2. DEFINITIONS.
In addition to terms defined in the body of this Contract, the terms set forth below shall have the
definitions ascribed to them as follows:
Area Median Income or AMI means the median family income for the Fort Worth -Arlington metropolitan
statistical area as established annually by HUD. The 2023 income limits are attached hereto as EXHIBIT "A-
1" — 2023 HUD Income Limits.
Business Diversity Enterprise Ordinance or BDE means the City's Business Diversity Ordinance, Ordinance
No. 24534-11-2020, as may be amended from time to time.
CDBG means Community Development Block Grant.
Complete Documentation means the following documentation as applicable:
• Attachments I, II, and III, with supporting documentation including:
o Proof of expense: copies of timesheets, invoices, leases, service contracts or other
documentation showing that payment is due by Agency.
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OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Rev:09/27/2023
o Proof of payment: cancelled checks, bank statements, or wire transfers necessary to
demonstrate that amounts due by Agency were actually paid by Agency.
o Proof of client eligibility: either (i) verifiable self -certification of income such as the City's
Certification Income Statement attached as EXHIBIT "E" — Form of Income Self -
Certification or a similar form approved by City, or (ii) Source Documentation.
• Complete Documentation shall meet the standards described in the attached EXHIBIT "F" -
Standards for Complete Documentation.
• Any other document or record reasonably necessary to verify costs spent and client eligibility for
the Program.
CDBG Funds means the CDBG grant funds supplied by City to Agency under the terms of this Contract.
CDBG Regulations means regulations found at 24 CFR Part 570 et seq.
Countywide Agencies means agencies with 10% or more of clients that reside outside of the boundaries of the
City. All other agencies are considered Fort Worth agencies.
DBE means disadvantaged business enterprise in accordance with 49 CFR Part 26.
Director means the Director of the Neighborhood Services Department.
Effective Date means October 1, 2023.
HUD means the United States Department of Housing and Urban Development.
IDIS means Integrated Disbursement Information System, HUD's project tracking system.
Income Eligible Client means a client whose annual income adjusted for family size does not exceed 80% of
AMI using the most current HUD Income Guidelines and Technical Guidance for Determining Income and
Allowances. The definition of annual income to determine client income eligibility shall be the definition
contained in 24 CFR Part 5.609, as amended from time to time.
National Objective means an activity that benefits low and moderate income persons. For the purposes of this
Contract, at least 51% of the clients served by the Program must be Income Eligible Clients.
Neighborhood Services Department means the City's Neighborhood Services Department.
Neighborly Software — Online database for Agency to submit monthly reimbursement requests.
OMB means the Office of Management and Budget.
Program means the services described in EXHIBIT "A" — Program Summary.
Reimbursement Request means all reports and other documentation described in Section 9.
Source Documentation means documentation of full household income of any type described under the
definition of annual income in 24 CFR Part 5.609, including but not limited to copies of paychecks, Social
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Security and disability verification letters, interest or rental income statements, retirement income statements,
child support and alimony verification, unemployment benefit letters, and the like.
Unduplicated Clients means a count of all clients served by the Program at least once in the Contract Term.
Clients served by the Program more than once in the Contract Term will only be counted the first time they are
served when determining the total count of Unduplicated Clients.
3. TERM.
The term of this Contract begins on the Effective Date and terminates on September 30, 2024 unless earlier
terminated as provided in this Contract. This Contract may be extended by mutual agreement of the Parties in
writing if such extension is necessary for completion of the program, or to amend the contracts if necessary to
achieve program goals provided any amendment is within the scope of the program and in compliance with City
policies and all applicable laws and regulations governing the use of federal grant funds. The Contract term shall
include any extension, if exercised, as provided herein.
4. DUTIES AND RESPONSIBILITIES OF CITY.
4.1 Provide CDBG Funds.
City shall provide up to $25,000.00 of CDBG Funds under the terms and conditions of this Contract.
4.2 Monitor.
City will monitor the activities and performance of Agency and any of its contractors, subcontractors or
vendors as necessary, but no less than annually. Monitoring by City will include determining whether Agency is
meeting the National Objective during the term of this Contract.
5. DUTIES AND RESPONSIBILITIES OF AGENCY.
5.1 Required Services.
Agency shall perform the services described in EXHIBIT "A" — Program Summary in accordance
with the terms and conditions of this Contract.
5.2 Use of CDBG Funds.
5.2.1. Compliance with CDBG Regulations and Contract.
Agency shall be reimbursed for eligible Program costs with CDBG Funds only if City determines in its
sole discretion that:
5.2.1.1 Costs are eligible expenditures in accordance with CDBG Regulations.
5.2.1.2 Costs are in compliance with this Contract and are reasonable and consistent with
industry norms.
5.2.1.3 Complete Documentation, as applicable, is submitted to City by Agency.
5.2.2 Budget.
5.2.2.1 The CDBG Funds will be paid on a reimbursement basis in accordance with EXHIBIT
"B" - Budget.
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5.2.2.2 During the term of this Contract, Agency may submit written requests to increase or
decrease line -item amounts in the Budget, including an explanation of why such
increases or decreases are necessary. All requests shall be approved by Director or
Director's designee in writing, with such approval being in the City's sole discretion.
If the Agency's proposed Budget amendment is approved (as approved, the "Amended
Budget"), then the Amended Budget shall be memorialized in a written amendment
to this Contract. The Amended Budget will take effect on the first day of the month
following the month in which the Contract amendment is executed, unless otherwise
specified in the amendment. All requests for Budget amendments must be submitted
by April 3, 2024.
5.2.3 Change in Program Budget.
5.2.3.1 Agency will notify City promptly of any additional funds it receives for operation of
the Program, and City reserves the right to amend this Contract in such instances to
ensure compliance with HUD regulations governing cost allocation.
5.2.3.2 Agency agrees to utilize the CDBG Funds to supplement rather than supplant funds
otherwise available for the Program.
5.2.4 Payment of CDBG Funds to Agency.
CDBG Funds will be disbursed to Agency upon City's approval of Reimbursement Requests including
submission of Complete Documentation to City in compliance with Section 9. If Agency expends all funds
budgeted for the Program prior to September 30, 2024, City may hold back a small amount of the CDBG Funds
until the end of the term. During this interim period, Agency must continue to submit Attachment III — Client
Data Report in EXHIBIT "D" — Reimbursement Forms monthly. It is expressly agreed by the Parties that any
CDBG Funds not spent or approved for reimbursement to Agency shall remain with City.
5.3 Program Performance Milestones, Review and Corrective Action Plans
5.3.1 Agency represents that the Program will achieve the following milestones in accordance with
EXHIBIT "A" — Program S
Expenditures
Unduplicated Clients as
Month
specified in EXHIBIT
"A" — Program
Summary
3
25%
25%
6
50%
50%
9
75%
75%
12
100%
100%
5.3.2 Failure of Agency to meet these milestones or a material deviation from them as outlined in this
Section 5.3 is a breach of this Contract. For the purpose of this Section, "material deviation" shall mean more
than 10% lower than the specified goal. In the event of such breach, City reserves the right in its sole option to
(i) delay or withhold payment of Reimbursement Requests, (ii) institute a Corrective Action Plan ("CAP") as
described below, (iii) lower Agency's allocation of or deobligate all CDBG Funds, (iv) terminate this Contract,
or any combination of the above options.
5.3.2.1 Policy.
To ensure the Program meets the client goals provided by Agency and included herein, City will
periodically review Program performance to ensure the expenditure of the funds is roughly proportional to the
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number of eligible, unduplicated clients being served, as described above in 5.3.1. City expects that most
programs will expend funds in a proportional amount to clients served, but City reserves the ability to take into
account unique program characteristics that may impact the ratio between expenditures and clients served.
5.3.2.2 Review.
At the end of each quarter, City will review the information in the required reports provided to City by
Agency. City will review the amount of funds expended compared to the percentage of eligible, unduplicated
clients served. If City believes in its sole discretion that Agency is (i) in danger of not spending the full amount
of the funds allocated, (ii) in danger of expending all funds prior to serving 100% of the unduplicated client goal
(meaning the percentage of funds expended relative to the overall funding allocated is not within 10% of the
percentage of eligible, unduplicated clients served relative to the overall client goal), or is (iii) in danger of not
otherwise meeting the performance goals within this Contract, City will notify Agency and set up a Program
Review Meeting ("Review Meeting"). Failure by Agency to attend the Review Meeting is considered a breach of
this contract and City may invoke any and all remedies included herein. During the Review Meeting, City and
Agency will review the information provided, the Program, and discuss any concerns. If the City believes that no
additional action is needed to ensure Agency's performance, no additional requirements will be put in place;
however, if the City, in its sole discretion, believes that additional requirements are needed to ensure Agency's
performance, City may require the Agency to enter into a Corrective Action Plan ("CAP") or may move forward
with deobligating funds from the Contract.
5.3.2.3 Corrective Action Plans.
A CAP will be unique to the Agency and the Program and will be designed to ensure that the Agency (i)
expends the funds allocated to it by the City, and (ii) serves the required number of unduplicated clients through
the Program. A CAP may require additional outreach or marketing, additional reporting, additional monitoring,
or any other mechanism that will reasonably ensure the Program goals are met and that expenditures are roughly
proportional to the number of eligible, unduplicated clients served.
5.3.2.4 Deobligation of Funds
If after any quarterly review the City determines that a CAP will not be sufficient to ensure that the Agency
(i) expends the funds allocated to it by the City, and (ii) serves the required number of unduplicated clients through
the Program, City shall be able to deobligate a portion of the funds provided to Agency that is at -risk of not being
expended or that is the proportional amount of funds compared to the number of eligible, unduplicated clients
that are anticipated to not be served. Any deobligation shall be in the form of a contract amendment. By way of
example, if an agency was allocated $100,000 and was required to serve 100 unduplicated clients, if that agency
was expected to only be able to serve 75% of its client goal, then City would allow agency to keep 75% of the
allocated funding and deobligate 25% of the funds to correspond with the 25% of clients that are anticipated to
not be served.
5.3.3 Failure to comply with the Corrective Action Plan (CAP), meet the Program Goals, or otherwise
comply with 340 unduplicated clients may, in City's sole discretion, disqualify Agency for consideration under
the City's Request for Proposals for the 2024-2025 Program Year for federal grant funds.
5.3.4 Amendments to performance milestones regarding CDBG Funds must be approved by the Director
in writing, with such approval being in the Director's sole discretion. If Director approves the Agency's proposed
amended performance milestones (as approved, the "Amended Performance Milestones"), then the Amended
Performance Milestones shall be memorialized in a written amendment to this Contract. The Amended
Performance Milestones will take effect on the first day of the month following the month in which the Contract
Amendment is executed unless otherwise specified in the amendment. Notwithstanding the above, any
amendments to this Contract shall not reduce the number of Unduplicated Clients stated in Section 5.3.3 and in
EXHIBIT "A" - Program Summary.
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5.4 Identify Program Expenses Paid with CDBG Funds.
Agency will keep accounts and records in such a manner that City may readily identify and account for
Program expenses reimbursed with CDBG Funds. These records shall be made available to City for audit
purposes and shall be retained as required hereunder.
5.5 Meet National Objective.
Agency shall ensure that the activities carried out in the Program will meet the National Objective.
5.6 Program Subcontracts.
Agency shall not enter into a subcontract with another agency, contractor, or vendor to provide a service
to clients for any part of the Program that will be paid with CDBG Funds without City's written consent.
CLIENT ELIGIBILITY VERIFICATION.
6.1 Client Eligibility.
Agency will document client eligibility as follows:
6.1.1 Agency Clients.
Agency must verify all new clients' income with either a verifiable self -certification of income such as
the City's Certification of Income Statement attached as EXHIBIT "E" — Form of Income Self -Certification
or a similar form approved by City, or Source Documentation. Agency must use the annual income definition in
24 CFR Part 5.609 to establish client income and must use the most current HUD Income Guidelines. The income
of all Program clients must be documented and at least 51 % of them must be Income Eligible Clients.
6.1.1.1 If Agency serves both Fort Worth and non -Fort Worth clients, the proportion of
Program costs allocated to the CDBG-funded portion of the Program Budget must be
consistent with the proportion of Fort Worth clients to all clients.
6.1.1.2 All Program clients must be reported on EXHIBIT "D" — Reimbursement Forms,
Attachment III. All Program clients whose income has not been verified will be
deemed to not be Income Eligible Clients and shall not be included in the 51%.
6.1.2 Verification of Program Eligibility.
6.1.2.1 At the end of each quarter during the Contract term, Agency shall verify CDBG
Program Eligibility by confirming that at least 51 % of clients served by the Program to
date are Income Eligible Clients as reported on Attachment III.
6.1.2.2 If Agency fails to verify Program eligibility on a quarterly basis in compliance with
this Section, Agency will have 30 calendar days or until the next monthly invoice to
cure.
6.1.2.3 City will notify Agency by e-mail within 14 calendar days if the Program performance
milestones were not met within the requirements outlined in this Section 6.1.2.2.
Agency will have an additional 7 calendar days from the date of the e-mail notice to
meet these requirements.
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6.1.2.4 In the event the Agency fails to meet the Program performance milestones, City
reserves the right in its sole option to delay or withhold payment of Reimbursement
Requests, to lower Agency's allocation of CDBG Funds, or to terminate this Contract.
6.2 Submission of Complete Documentation.
Agency must submit copies of documentation of client eligibility described in Section 6.1 with
Attachment III with each month's Reimbursement Request for all Unduplicated Clients.
6.3 Maintain Documentation.
Agency must maintain copies of all documentation required by this Section 6 for 5 years following the
expiration of the Contract term. This Section shall survive the earlier termination or expiration of this Contract.
7. ADDITIONAL CDBG REQUIREMENTS.
Agency agrees to comply with all requirements of the CDBG Program as stated in the CDBG Regulations,
including but not limited to the following:
7.1 Environmental Review.
CDBG Funds will not be paid, and costs cannot be incurred until City has conducted an environmental
review and completed an Environmental Review Record as required by 24 CFR Part 58. The environmental
review may result in a decision to proceed with, modify, or cancel the funding for the Program. Further, Agency
will not undertake or commit any funds to physical or choice limiting actions as described in any applicable
federal regulations. Any violation of this provision will (i) cause this Contract to terminate immediately, and (ii)
require Agency to repay City the CDBG Funds it has already received and forfeit any future payments of CDBG
Funds.
7.2 Contract Not Constituting Commitment of Funds.
Notwithstanding any provision of this Contract, the Parties agree and acknowledge that this Contract does
not constitute a commitment of funds, and that such commitment of funds or approval may occur only upon (i)
satisfactory completion of an environmental review and receipt by City of an authorization to use grant funds
from HUD under 24 CFR Part 58, (ii) approval of City's 2022-2023 Action Plan, and (iii) receipt by City of a
grant agreement from HUD.
7.3 Monitoring.
7.3.1 Agency understands and agrees that it will be subject to monitoring by City for compliance with
terms and provisions of this Contract and the CDBG Regulations for the term of this Contract. Agency is
subject to such monitoring during the term of this Contract and for 5 years after the Contract term ends.
Agency will provide reports and access to Program files as requested by City during this 5 year period. For
purposes of this Contract, unless this contract is earlier terminated, this 5 year period for monitoring is deemed
to begin on October 1, 2024, or October 1, 2025 if the Contract is extended, and shall end no later than
September 30, 2030.
7.3.2 Representatives of City, HUD, HUD Office of Inspector General, and the United States
Comptroller General shall have access during regular business hours, upon 48 hours prior notice, to Agency's
offices and records pertaining to the use of the CDBG Funds, and to Agency's officers, directors, agents,
employees, contractors, subcontractors and vendors for the purpose of such monitoring.
7.3.3 In addition to other provisions of this Contract regarding frequency of monitoring, City reserves
the right to perform desk reviews or on -site monitoring of Agency's compliance with the terms and conditions of
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this Contract. City shall provide Agency with a written report of the monitor's findings after each monitoring
visit. If the monitoring report notes deficiencies in Agency's performance, the report shall include requirements
for the timely correction of said deficiencies by Agency. Failure by Agency to take the action specified in the
monitoring report may be cause for suspension or termination of this Contract as provided herein.
7.3.4 Subsections 7.3.1 through 7.3.3 shall be applicable for the Contract Term and for 5 years thereafter
and shall survive the earlier termination or expiration of this Contract.
7.3.5 Agency shall provide City annually the results of any state or federal monitoring. Such results
shall be submitted within 60 days of receipt of such state or federal monitoring report, or with the January
Reimbursement Request, whichever is earlier.
7.4 Agency Procurement Standards.
Agency shall comply with all applicable federal, state and local laws, regulations, and ordinances for
making procurements under this Contract. In addition to the conflict of interest provisions in Section 14.13.3,
Agency shall establish written procurement procedures to ensure that materials and services are obtained in a cost
effective manner and that provides for full and open competition. When procuring materials and services for this
Contract, Agency shall comply at a minimum with the procurement standards in 2 CFR Part 200.317 through Part
200.326.
7.4.1 Contracts in excess of $10,000.00 made by Agency using CDBG Funds must address termination
for cause and convenience including the manner by which such termination shall be effected and the basis for
settlement of the terminated contract, if any, as required by Appendix II (B), 2 CFR Part 200.
7.4.2 Agency shall not make any contract with parties listed on the government wide System for Award
Management, www.sam.gov ("SAM"). Agency must confirm by search of SAM that all contractors paid with
CDBG Funds are not listed by SAM as being debarred, both prior to hiring and prior to submitting a
Reimbursement Request which includes invoices from any such contractor. Failure to submit such proofs of
search shall be an event of default.
7.5 Cost Principles/Cost Reasonableness.
Agency shall administer its use of CDBG Funds in compliance with 2 CFR Part 200, as applicable. The
eligibility of costs incurred for performance rendered shall be determined in accordance with 2 CFR Part 200.400
through 2 CFR Part 200.475.
7.6 Financial Management Standards.
Agency agrees to comply with 2 CFR Part 200, as applicable. Agency also agrees to adhere to the
accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary
supporting and back-up documentation for all costs incurred in accordance with 2 CFR Part 200.302 and Part
200.303.
7.7 Uniform Administrative Requirements, Cost Principles, and Audit Requirements.
Agency will comply with the Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards in 2 CFR Part 200, as applicable, or any reasonably equivalent procedures and
requirements that City may require.
7.8 Terms Applicable to Contractors, Subcontractors and Vendors.
Agency understands and agrees that all terms of this Contract, whether regulatory or otherwise, shall apply
to any and all contractors, subcontractors and vendors of Agency which are in any way paid with CDBG Funds
or who perform any work in connection with the Program. Agency shall cause all applicable provisions of this
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Contract to be included in and made a part of any contract or subcontract executed in the performance of its
obligations hereunder including its obligations regarding the CDBG Regulations. Agency shall monitor the
services and work performed by its contractors, subcontractors and vendors on a regular basis for compliance
with the CDBG Regulations and Contract provisions. Agency must cure all violations of the CDBG Regulations
committed by its contractors, subcontractors or vendors. City maintains the right to insist on Agency's full
compliance with the terms of this Contract and the CDBG Regulations and Agency is responsible for such
compliance regardless of whether actions taken to fulfill the requirements of this Contract are taken by Agency
or by Agency's contractors, subcontractors or vendors. Agency acknowledges that the provisions of this Section
shall survive the earlier termination or expiration of this Contract and shall be applicable for 5 years after the
Contract term ends.
7.9 Copyright and Patent Rights.
No reports, maps, or other documents produced in whole or in part under this Contract shall be the subject
of an application for copyright by or on behalf of Agency. HUD and City shall possess all rights to invention or
discovery, as well as rights in data, which may arise as a result of Agency's performance under this Contract.
7.10 Conflict of Interest Disclosure.
In accordance with the requirements of Section 14.14.2.1 and 14.14.4, Agency shall establish conflict of
interest policies for federal awards. Agency shall disclose to City in writing any potential conflict of interest.
7.11 Compliance with FFATA and Whistleblower Protections.
Agency shall comply with the requirements of 2 CFR 300(b), including provisions of the Federal Funding
Accountability and Transparency Act ("FFATA") governing requirements on executive compensation and
provisions governing whistleblower protections contained in 10 U.S.C. 2409, 41 U.S.C. 4712, 10 U.S.C. 2324,
41 U.S.C. 4304 and 41 U.S.C. 4310.
7.11.1 Agency shall provide City with its DUNS number.
7.12 Internal Controls.
In compliance with the requirements of 2 CFR Part 200.303, Agency shall:
7.12.1 Establish and maintain effective internal control over the CDBG Funds that provides reasonable
assurance that Agency is managing the CDBG Funds in compliance with federal statutes, regulations, and the
terms and conditions of this Contract. These internal controls shall be in compliance with guidance in "Standards
for Internal Control in the Federal Government" issued by the Comptroller General of the United States or the
"Internal Control Integrated Framework" issued by the Committee of Sponsoring Organizations of the Treadway
Commission ("COSO");
7.12.2 Comply with federal statutes, regulations, and the terms and conditions of this Contract;
7.12.3 Evaluate and monitor Agency's compliance with statutes, regulations and the terms and conditions
of this Contract;
7.12.4 Take prompt action when instances of noncompliance are identified including noncompliance
identified in audit findings; and
7.12.5 Take reasonable measures to safeguard protected personally identifiable information and other
information that HUD or City designates as sensitive or Agency considers sensitive consistent with applicable
federal, state, local and tribal laws regarding privacy and obligations of confidentiality.
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8. RECORD KEEPING; REPORTING AND DOCUMENTATION REQUIREMENTS; AUDIT.
8.1 Record Keeping.
Agency shall maintain a record -keeping system as part of its performance of this Contract and shall
promptly provide City with copies of any document City deems necessary for the effective fulfillment of City's
monitoring and evaluation responsibilities. Specifically, Agency will keep or cause to be kept an accurate record
of all actions taken and all funds spent, with supporting and back-up documentation. Agency will maintain all
records and documentation related to this Contract for 5 years after the Contract term ends. If any claim, litigation,
or audit is initiated before the expiration of the 5 year period, the relevant records and documentation must be
retained until all such claims, litigation or audits have been resolved. For purposes of this Contract, unless this
contract is earlier terminated, this 5 year period for record retention is deemed to begin on October 1, 2024, or
October 1, 2025 if the Contract is extended, and shall end no later than September 30, 2030.
8.2 Access to Records.
Representatives of City, HUD and any duly authorized officials of the federal government will have full
access to, and the right to examine, audit, copy, excerpt and/or transcribe any of Agency's records pertaining to
all matters covered by this Contract for 5 years after the Contract term ends. Such access shall be during regular
business hours and upon at least 48 hours prior notice. For purposes of this Contract, unless this contract is earlier
terminated this 5-year period for access to records is deemed to begin on October 1, 2024, or October 1, 2025 if
the Contract is extended, and shall end no later than September 30, 2030.
8.3 Reports.
Agency will submit to City all reports and documentation described in this Contract in such form as City
may prescribe. Agency may also be required to submit a final performance and/or final financial report if required
by City at the termination of this Contract in such form and within such times as City may prescribe. Failure to
submit to City any report or documentation described in this Contract shall be an event of default of this Contract
and City may exercise all of its remedies for default under this Contract.
8.3.1 Additional Information.
Agency shall provide City with additional information as may be required by state or federal agencies to
substantiate Program activities and/or expenditure eligibility.
8.4 Change in Reporting Requirements and Forms.
City retains the right to change reporting requirements and forms at its discretion. City will notify Agency
in writing at least 15 days prior to the effective date of such change, and the Parties shall execute an amendment
to the Contract reflecting such change if necessary.
8.5 Audit.
8.5.1 Entities that Expend $750,000 or more in Federal Funds Per Year.
All non-federal entities that expend $750,000 or more in federal funds within 1 year, regardless of the
source of the federal award, must submit to City an annual audit prepared in accordance with specific reference
to 2 CFR Part 200.501 through Part 200.521. The audit shall cover the Agency's fiscal years during which this
Contract is in force. The audit must be prepared by an independent certified public accountant, be completed
within 6 months following the end of the period being audited and be submitted to City within 30 days of its
completion. Agency's audit certification is attached hereto as EXHIBIT "C" — "Audit Certification Form"
and "Audit Requirements". The Audit Certification Form must be submitted to City prior to or with the first
Reimbursement Request. Entities that expend less than $750,000 a year in federal funds are exempt from federal
audit requirements for that year, but records must be available for review or audit by appropriate officials of the
federal agency, City, and General Accounting Office.
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8.5.2 City Reserves the Right to Audit.
City reserves the right to perform an audit of Agency's Program operations and finances at any time during
the term of this Contract and for 5 years after the Contract term ends if City determines that such audit is necessary
for City's compliance with the CDBG Regulations or other City policies. Agency agrees to allow access to all
pertinent materials as described herein for such audit. For purposes of this Contract, unless this contract is earlier
terminated, this 5-year period for City audit is deemed to begin on October 1, 2024, or October 1, 2025 if the
Contract is extended, and shall end no later than September 30, 2030. If such audit reveals a questioned practice
or expenditure, such questions must be resolved within 15 business days after notice to Agency of such questioned
practice or expenditure. If questions are not resolved within this period, City reserves the right to withhold further
funding under this Contract and/or any other contracts with Agency. IF AS A RESULT OF ANY AUDIT IT
IS DETERMINED THAT AGENCY HAS FALSIFIED ANY DOCUMENTATION OR MISUSED,
MISAPPLIED OR MISAPPROPRIATED CDBG FUNDS OR SPENT CDBG FUNDS ON ANY
INELIGIBLE ACTIVITIES, AGENCY AGREES TO REIMBURSE CITY THE AMOUNT OF SUCH
MONIES PLUS THE AMOUNT OF ANY SANCTIONS, PENALTY OR OTHER CHARGE LEVIED
AGAINST CITY BY HUD BECAUSE OF SUCH ACTIONS.
9. REIMBURSEMENT REQUIREMENTS.
9.1 Deadline for Submitting Reimbursement Requests.
9.1.1 Reimbursement Requests shall be submitted monthly to the City and must be received by the
City on or before the 15th day of the month following the month expenses were paid by Agency. For example,
the Reimbursement Request for June expenses must be received by July 15. In the event the 15th falls on a
weekend or City holiday, Reimbursement Requests shall be due the next day that the City is open for business.
Failure to submit a Reimbursement Request in a timely fashion will result in City taking the actions outlined in
Section 10.1. NOTWITHSTANDING ANYTHING ABOVE, THE REIMBURSEMENT REQUEST FOR
EXPENSES INCURRED FOR SEPTEMBER MUST BE RECEIVED BY OCTOBER 1 OF THAT SAME
YEAR. COMPLETE DOCUMENTATION FOR ALL SEPTEMBER EXPENSES MUST BE
SUBMITTED BY OCTOBER 15TH OF THAT SAME YEAR. FAILURE TO SUBMIT A FINAL
REIMBURSEMENT REQUEST WITH COMPLETE DOCUMENTATION BY OCTOBER 15TH OF
THAT SAME YEAR WILL RESULT IN FORFEITURE OF PAYMENT OF THE SEPTEMBER
REIMBURSEMENT REQUEST.
9.1.2 City will notify Agency by e-mail within 14 calendar days if a Reimbursement Request is
lacking Complete Documentation or corrections are needed. Agency will have 7 calendar days from the date of
the e-mail notice to submit any requested information or missing documentation. Agency may be penalized, at
City's sole discretion, in the Request for Proposal for the 2024-2025 Program Year for any notifications received
under this Section. If Agency fails to submit all the required information or missing documentation within 7
calendar days from the first e-mail, Agency shall forfeit any payments otherwise due that month and failure to
submit any requested information will be considered an event of default as outlined in Section 10.1.2.
9.2 Submission of Reimbursement Requests.
Agency shall provide City with Complete Documentation and the following reports as shown in
EXHIBIT "D" —Reimbursement Forms with each Reimbursement Request:
9.2.1 Attachment I — Request Summary.
This report shall contain the amount requested for reimbursement each month, the cumulative
reimbursement requested to date (inclusive of that month's request).
9.2.2 Attachment II — Expenditure Worksheet.
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This report shall itemize each expense requested for reimbursement by Agency and shall include the
Account corresponding the expense to a Budget line item. In order for this report to be complete the following
must be submitted:
9.2.2.1 For payroll expenses, timesheets signed by employees and approved by supervisor for
all payroll expenses listed. Timesheets must distinguish between CDBG-funded time
and non-CDBG funded time and reflect actual time spent on CDBG-funded activities.
Agency may not submit payroll expenses dated 60 calendar days prior to the date of
the Reimbursement Request.
9.2.2.2 For non -payroll expenses, invoices for each expense listed with an explanation as to
how the invoiced expense pertains to the Program. Agency may not submit invoices
dated 60 calendar days prior to the date of the Reimbursement Request.
9.2.2.3 Proof that each expense was paid by Agency, which proof can be satisfied by cancelled
checks, wire transfer documentation, paid receipts or other appropriate banking
documentation.
9.2.3 Attachment III — Client Data Report.
This report shall list each Unduplicated Client served during the month along with his or her demographic
information. The Client Data Report must maintain a list of all clients served during the Contract term. In order
for this report to be complete, the following must be submitted:
9.2.3.1 Documentation of income verification for each Unduplicated Client the first time the client
is served by the Program, which will either be the completed form of EXHIBIT "E" - Form of
Income Self Certification or similar form approved by City, or Source Documentation.
9.2.4 Delivery of Reimbursement Request.
Reimbursement Requests must be submitted through Neighborly Software or other reporting
software as approved by the City by the deadline in Section 9.1.1.
9.2.5 Countywide Agencies.
Countywide Agencies shall submit EXHIBIT "A-2" — Reporting Requirements for Countywide
Agencies quarterly with the December, March, June and September Reimbursement Requests. Reports due under
this section have the same due date as the Reimbursement Request. .
9.3 Withholding Payment.
CITY SHALL HAVE NO OBLIGATION TO PAY ANY REIMBURSEMENT REQUEST THAT
IS NOT RECEIVED BY THE DUE DATE. Failure to timely submit accurate and complete
Reimbursement Requests and Complete Documentation along with any required reports shall be an event
of default.
10. DEFAULT AND TERMINATION.
10.1 Failure to Submit Reimbursement Request or Required Documentation.
10.1.1 If Agency fails to submit a Reimbursement Request in accordance with Section 9, Agency
shall be in default of this Contract. City will notify Agency in writing of such default and the Agency will have
5 calendar days from the date of the written notice to submit such Reimbursement Request to cure the default. If
Agency fails to cure the default within such time, Agency shall forfeit any payments otherwise due that month.
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10.1.2 If Agency fails to submit requested information or missing documentation as set forth in
Section 9.1.2, then Agency shall forfeit payment due that month and the failure to submit shall be considered an
event of default that shall not be cured.
10.1.3 NOTWITHSTANDING THE PROVISIONS OF SECTION 10.1.1 OR 10.1.2, IF
AGENCY FAILS TO SUBMIT THE REIMBURSEMENT REQUEST DUE OCTOBER 1, 2023 OR IF
THE SUBMITTED REIMBURSEMENT REQUEST DUE OCTOBER 1, 2023 IS LATE, INCOMPLETE
OR OTHERWISE NOT IN COMPLIANCE WITH THIS CONTRACT OR THE CDBG REGULATIONS
AS DETERMINED BY CITY IN ITS SOLE DISCRETION, THERE WILL BE NO CURE PERIOD AND
ANY REIMBURSEMENT WILL BE FORFEITED.
10.1.4 In the event of (i) an uncured default under Section 10.1.1 or an event of default under 10.1.2
or (ii) more than 2 instances of default, cured or uncured, under these Sections, City reserves the right at its sole
option to terminate this Contract effective immediately upon written notice of such intent with no penalty or
liability to City.
10.1.5 Notwithstanding anything to the contrary herein, City will not be required to pay any CDBG
Funds to Agency during the period that any Reimbursement Request, report or documentation is past due or is
not in compliance with this Contract or the CDBG Regulations, or during any period during which Agency is in
default of this Contract.
10.1.6 In the event of termination under this Section 10.1, all CDBG Funds awarded but unpaid to
Agency pursuant to this Contract shall be immediately forfeited and Agency shall have no further right to such
funds.
10.2 Failure to Maintain Records or Submit Reports and Documentation.
If Agency fails to maintain all records and documentation as required in Section 8, or if the maintained or
submitted report or documentation is not in compliance with this Contract or the CDBG Regulations as
determined by City in its sole discretion, City will notify Agency in writing and Agency will have 30 calendar
days from the date of the written request to obtain or recreate the missing records and documentation or submit
or resubmit any such report or documentation to City. If Agency fails to maintain the required reports or
documentation, or fails to submit or resubmit any such report or documentation within such time, City shall have
the right to terminate this Contract effective immediately upon written notice of such intent with no penalty or
liability to City.
10.2.1 In the event of termination under this Section 10.2, all CDBG Funds awarded but unpaid to
Agency pursuant to this Contract shall be immediately forfeited and Agency shall have no further right to such
funds, and any CDBG Funds paid to Agency must be repaid to City within 30 days of termination. If such CDBG
Funds are not repaid to City within the 30 day period, City shall exercise all legal remedies available under this
Contract.
10.3 In General.
10.3.1 Subject to Section 10.2, and unless specifically provided otherwise in this Contract, Agency
shall be in default under this Contract if Agency breaches any term or condition of this Contract. In the event that
such a breach remains uncured after 30 calendar days following written notice by City (or such other notice period
as may be specified herein) or, if Agency has diligently and continuously attempted to cure following receipt of
such written notice but reasonably requires more than 30 calendar days to cure, as determined by both Parties
mutually and in good faith, City shall have the right to elect in City's sole discretion to (i) extend Agency's time
to cure, (ii) terminate this Contract effective immediately upon written notice of such intent to Agency, or (iii)
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pursue any other legal remedies available to City under this Contract.
10.3.2 City's remedies may include:
10.3.2.1 Direct Agency to prepare and follow a schedule of actions for carrying out the
affected activities, consisting of schedules, timetables and milestones necessary to
implement the affected activities.
10.3.2.2 Direct Agency to establish and follow a management plan that assigns
responsibilities for carrying out the remedial activities.
10.3.2.3 Reprogram CDBG Funds that have not yet been expended from affected activities
to other eligible activities or withhold CDBG Funds.
10.3.2.4 Any other appropriate action including but not limited to any remedial action
legally available such as declaratory judgment, specific performance, damages,
temporary or permanent injunctions, termination of this Contract or any other
contracts with Agency, and any other available remedies.
10.3.3 In the event of termination under this Section 10.3, all CDBG Funds awarded but unpaid to
Agency pursuant to this Contract shall be immediately forfeited and Agency shall have no further right to such
funds, and any CDBG Funds already paid to Agency must be repaid to City within 30 days of the termination.
Failure to repay such CDBG Funds within the 30 day period will result in City exercising all legal remedies
available under this Contract.
10.4 No Funds Disbursed while in Breach.
Agency understands and agrees that no CDBG Funds will be paid to Agency until all defaults are cured
to City's satisfaction.
10.5 No Compensation After Date of Termination.
Agency shall not receive any compensation for work undertaken after the date of the termination.
10.6 Rights of City Not Affected.
Termination shall not affect or terminate any of the existing rights of City against Agency, or which may
thereafter accrue because of Agency's default and this provision shall be in addition to any and all other rights
and remedies available to City under the law. Such termination does not terminate any provisions of this Contract
that have been expressly noted as surviving the term or termination of the Contract. No delay or omission by
City in exercising any right or remedy available to it under this Contract shall impair any such right or remedy or
constitute a waiver or acquiescence in any Agency default.
10.7 Waiver of Breach Not Waiver of Subsequent Breach.
The waiver of a default or breach of any term, covenant, or condition of this Contract shall not operate as
a waiver of any subsequent default or breach of the same or any other term, covenant or condition hereof.
10.8 Civil, Criminal and Administrative Penalties.
Failure to perform all the Contract terms may result in civil, criminal or administrative penalties, including,
but not limited to those set out in this Contract.
10.9 Termination for Cause.
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10.9.1 City may terminate this Contract in the event of Agency's default, inability, or failure to
perform subject to notice, grace and cure periods. In the event City terminates this Contract for cause, all CDBG
Funds awarded but unpaid to Agency pursuant to this Contract shall be immediately rescinded and Agency shall
have no further right to such funds and any CDBG Funds already paid to Agency must be repaid to City within
30 days of termination. Failure to repay such CDBG Funds within 30 days will result in City exercising all legal
remedies available to City under this Contract. AGENCY ACKNOWLEDGES AND AGREES THAT IF
CITY TERMINATES THIS CONTRACT FOR CAUSE, AGENCY OR ANY AFFILIATES OF AGENCY
SHALL NOT BE CONSIDERED FOR ANY OTHER CITY CONTRACT FOR CDBG FUNDS FOR A
MINIMUM OF 5 YEARS FROM THE DATE OF TERMINATION.
10.9.2 Agency may terminate this Contract if City does not provide the CDBG Funds substantially in
accordance with this Contract.
10.10 Termination for Convenience.
In terminating in accordance with 2 CFR Part 200, Appendix II, this Contract may be terminated in whole
or in part only as follows:
10.10.1 By City with the consent of Agency in which case the Parties shall agree upon the termination
conditions, including the effective date and in the case of partial termination, the portion to be terminated; or
10.10.2 By Agency upon at least 30 days written notification to City, setting forth the reasons for such
termination, the effective date, and in the case of partial termination, the portion to be terminated. In the case of
a partial termination, City may terminate the Contract in its entirety if City determines in its sole discretion that
the remaining portion of the Contract to be performed or CDBG Funds to be spent will not accomplish the
purposes for which the Contract was made.
10.11 Dissolution of Agency Terminates Contract.
This Contract shall terminate in the event Agency is dissolved or ceases to exist. In the event of
termination under this Section, all CDBG Funds are subject to repayment and/or City may exercise all of its
remedies under this Contract.
10.12 Non -appropriation of Funds.
In the event no funds or insufficient funds are appropriated by City in any fiscal period for any payments
due hereunder, City will notify Agency of such occurrence and this Agreement shall terminate on the last day of
the fiscal period for which appropriations were received without penalty or expense to City of any kind
whatsoever, except as to the portions of the payments herein agreed upon for which funds have been appropriated.
10.13 Reversion of Assets.
In the event this Contract is terminated with or without cause, all assets acquired by Agency with the
CDBG Funds including cash, interest payments from loans or otherwise, all outstanding notes, mortgages or other
security instruments, any accounts receivable attributable to the use of the CDBG Funds, and any real or personal
property owned by Agency that was improved with the CDBG Funds shall automatically transfer to City or to
such assignee as City may designate.
11. REPAYMENT OF CDBG FUNDS.
All CDBG Funds are subject to repayment in the event the Program does not meet the requirements of
this Contract or in the CDBG Regulations. If Agency takes any action that results in the City being required
to repay all or any portion of the CDBG Funds to HUD, Agency agrees it will reimburse City within thirty
days of notice from the City for such repayment. Additionally, if Agency takes any action that results in
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City receiving a finding from HUD about the Program, whether or not repayment of all or any portion of
the CDBG Funds is required of City, Agency agrees City may require that 10% of the CDBG Funds be
repaid to City as liquidated damages. The Parties agree that City's damages in the event of either repayment
to HUD being required or receiving a finding from HUD are uncertain and would be difficult to ascertain and
may include an impact on City's CDBG grant or other federal grant funds, in addition to the finding by HUD or
a required repayment of funds to HUD by City. Therefore, the Parties agree that payment under this Section of
10% of the CDBG Funds by Agency to City is liquidated damages and not a penalty.
12. CHANGE IN NON-PROFIT STATUS.
Agency must provide City with written notification of any changes to its non-profit status within 15
calendar days of being notified of the change. Regardless of notice by Agency, if the non-profit status of Agency
changes after the date of this Contract, City may but is not obligated to, terminate this Contract. In the event of
termination under this Section 12, all CDBG Funds awarded but not yet paid to Agency pursuant to this Contract
shall be immediately rescinded and Agency shall have no further right to such funds. City, in its sole discretion,
may require that any CDBG Funds already paid to Agency must be repaid to City within 30 calendar days of
termination under this Section.
13. SURVIVAL.
Any provision of this Contract that pertains to auditing, monitoring, indemnity obligations, client income
eligibility, record keeping and reports, City ordinances, or applicable CDBG requirements, and any default and
enforcement provisions necessary to enforce such provisions, shall survive the termination of this Contract for 5
years after the Contract term ends and shall be enforceable by City against Agency. For purposes of this Contract,
unless this contract is earlier terminated, this 5 year period for survival of certain Contract provisions is deemed
to begin on October 1, 2023, or October 1, 2024, if this Contract is extended and end no later than September 30,
2029.
14. GENERAL PROVISIONS
14.1 Agency an Independent Contractor.
Agency shall operate hereunder as an independent contractor and not as an officer, agent, servant or
employee of City. Agency shall have exclusive control of, and the exclusive right to control, the details of the
work and services performed hereunder, and all persons performing same, and shall be solely responsible for the
acts and omissions of its officers, members, agents, servants, employees, contractors, subcontractors, vendors,
clients, licensees or invitees.
14.2 Doctrine of Respondeat Superior.
The doctrine of respondeat superior shall not apply as between City and Agency, or its officers, members,
agents, servants, employees, contractors, subcontractors, vendors, clients, licensees or invitees, and nothing herein
shall be construed as creating a partnership or joint enterprise between City and Agency. City does not have the
legal right to control the details of the tasks performed hereunder by Agency, its officers, members, agents,
employees, contractors, subcontractors, vendors, clients, licensees or invitees.
14.3 Agency Property.
City shall under no circumstances be responsible for any property belonging to Agency, or its officers,
members, agents, employees, contractors, subcontractors, vendors, clients, licensees or invitees that may be lost,
stolen or destroyed or in any way damaged and AGENCY HEREBY INDEMNIFIES AND HOLDS
HARMLESS CITY AND ITS OFFICERS, AGENTS, AND EMPLOYEES FROM ANY AND ALL
CLAIMS OR SUITS PERTAINING TO OR CONNECTED WITH SUCH PROPERTY.
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14.5 Religious Organization.
Agency shall comply with all applicable requirements as more particularly described in 24 CFR Part
5.109. No portion of the CDBG Funds shall be used in support of any sectarian or religious activity. In addition,
there must be no religious or membership criteria for clients of a CDBG-funded service.
14.5.1. Separation of Explicitly Religious Activities.
Agency retains its independence and may continue to carry out its mission, including the definition,
development practice, and expression of its religious beliefs, provided that it does not use CDBG Funds to support
or engage in any explicitly religious activities (including activities that involve overt religious content such as
worship, religious instruction, or proselytization), or in any other manner prohibited by law.
14.5.2 Explicitly Religious Activities.
If Agency engages in explicitly religious activities (including activities that involve overt religious content
such as worship, religious instruction, or proselytization), the explicitly religious activities must be offered
separately, in time or location, from the programs or activities supported by CDBG Funds and participation must
be voluntary for clients of a CDBG-funded service.
14.5.3 Required Notices.
If Agency constitutes a Faith -based organization under 24 CFR Part 5.109, Agency must provide all clients
of a CDBG-funded service with the notice attached as EXHIBIT "K"—Notice of Beneficiary Rights. Such
notice shall be provided to the client prior to enrollment in any CDBG-funded program or activity. In addition,
if a client or prospective client of a CDBG-funded service objects to the religious character of Agency, then
Agency must promptly undertake reasonable efforts to identify and refer the client or prospective client to an
alternate provider to which the client or prospective client has no such objection, as more particularly described
in 24 CFR Part 5.109.
14.6 Venue.
Venue shall lie in state courts in Tarrant County, Texas or the United States District Court for the
Northern District of Texas, Fort Worth Division for any action, whether real or asserted, at law or in equity,
arising out of the execution, performance, attempted performance or non-performance of this Contract.
14.7 Governing Law.
This Contract shall be governed by and construed in accordance with the laws of the State of Texas. If
any action, whether real or asserted, at law or in equity, arises out of the execution, performance or non-
performance of this Contract or on the basis of any provision herein, for any issue not governed by federal law,
the choice of law shall be the laws of the State of Texas.
14.8 Severability.
The provisions of this Contract are severable, and if for any reason a clause, sentence, paragraph or other
part of this Contract shall be determined to be invalid by a court or federal or state agency, board or commission
having jurisdiction over the subject matter thereof, such invalidity shall not affect other provisions which can be
given effect without the invalid provision.
14.9 Written Agreement Entire Contract.
This written instrument and the Exhibits, Attachments, and Addendums attached hereto, which are
incorporated by reference and made a part of this Contract for all purposes, constitute the entire agreement by the
Parties concerning the work and services to be performed under this Contract. Any prior or contemporaneous
oral or written agreement which purports to vary the terms of this Contract shall be void. Any amendments to
the terms of this Contract must be in writing and executed by the Parties.
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14.10 Paragraph Headings for Reference Only, No Legal Significance; Number and Gender.
The paragraph headings contained herein are for convenience in reference to this Contract and are not
intended to define or to limit the scope of any provision of this Contract. When context requires, singular nouns
and pronouns include the plural and the masculine gender shall be deemed to include the feminine or neuter and
the neuter gender to include the masculine and feminine. The words "include" and "including" whenever used
herein shall be deemed to be followed by the words "without limitation".
14.11 Compliance With All Applicable Laws and Regulations.
Agency agrees to comply fully with all applicable laws and regulations that are currently in effect or that
are hereafter amended during the performance of this Contract. Those laws include, but are not limited to:
➢ CDBG Regulations found in 24 CFR Part 570
➢ Title I of the Housing and Community Development Act of 1974, as amended, (42 USC 5301)
> Title VI of the Civil Rights Act of 1964 (42 U.S.C. Sections 2000d et seq.) including provisions
requiring recipients of federal assistance to ensure meaningful access by persons of limited English
proficiency
➢ The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. Sections 3601 et seq.)
> Executive Orders 11063, 11246 as amended by 11375 and 12086 and as supplemented by Department
of Labor regulations 41 CFR Part 60
> The Age Discrimination in Employment Act of 1967
➢ The Age Discrimination Act of 1975 (42 U.S.C. Sections 6101 et seq.)
➢ The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C.
Sections 4601 et seq. and 49 CFR Part 24) ("URA")
> Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. Sections 794 et seq.) and 24 CFR Part 8
where applicable
> National Environmental Policy Act of 1969, as amended, 42 U.S.C. Sections 4321 et seq. ("NEPA")
and the related authorities listed in 24 CFR Part 58.
> The Clean Air Act, as amended, (42 U.S.C. Sections 1251 et seq.) and the Clean Water Act of 1977,
as amended (33 U.S.C. Sections 1251 et seq.) and the related Executive Order 11738. In no event
shall any amount of the assistance provided under this Contract be utilized with respect to a facility
that has given rise to a conviction under the Clean Air Act or the Clean Water Act.
> Immigration Reform and Control Act of 1986 (8 U.S.C. Sections 1101 et seq.) specifically including
the provisions requiring employer verifications of legal status of its employees
> The Americans with Disabilities Act of 1990 (42 U.S.C. Sections 12101 et seq.), the Architectural
Barriers Act of 1968 as amended (42 U.S.C. Sections 4151 et seq.) and the Uniform Federal
Accessibility Standards, 24 CFR Part 40, Appendix A
➢ Regulations at 24 CFR Part 87 related to lobbying, including the requirement that certifications and
disclosures be obtained from all covered persons
➢ Drug Free Workplace Act of 1988 (41 U.S.C. Sections 701 et seq.) and 24 CFR Part 23, Subpart F
> Executive Order 12549 and 24 CFR Part 5.105(c) pertaining to restrictions on participation by
ineligible, debarred or suspended persons or entities
> Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and
Recovery Act
➢ Guidelines of the Environmental Protection Agency at 40 CFR Part 247
➢ For contracts and subgrants for construction or repair, Copeland "Anti -Kickback" act (18 U.S.C. 874)
as supplemented in 29 CFR Part 5
➢ For construction contracts awarded by Agency in excess of $2,000, and in excess of $2,500 for other
contracts which involve the employment of mechanics or laborers, Sections 103 and 107 of the
Contract Work Hours and Safety Standards Act (40 U.S.C. 327A 300) as supplemented by 29 CFR
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Part 5
➢ Lead -Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et seq.), as amended by the Residential
Lead -Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851 et seq.) and implementing
regulations at 24 CFR Part 35, subparts A, B, M, and R
➢ Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards,
2 CFR Part 200 et seq.
➢ Federal Funding Accountability and Transparency Act of 2006 ("FFATA") (Pub.L. 109-282, as
amended by Section 6205(a) of Pub.L. 110-252 and Section 3 of Pub.L. 113-101)
➢ Federal Whistleblower Regulations, as contained in 10 U.S.C. 2409, 41 U.S.C. 4712, 10 U.S.C. 2324,
41 U.S.C. 4304 and 41 U.S.C. 4310.
14.12 ;
14.13 Prohibition Against Discrimination.
14.13.1 General Statement.
Agency shall comply in the execution, performance or attempted performance of this Contract, with all
non-discrimination requirements of 24 CFR Part 570.607 and Chapter 17, Article III, Division 4 — Fair Housing
of the City Code. Agency may not discriminate against any person because of race, color, sex, gender, religion,
national origin, familial status, disability or perceived disability, sexual orientation, gender identity, gender
expression, or transgender, nor will Agency permit its officers, members, agents, employees, or clients to engage
in such discrimination.
This Contract is made and entered into with reference specifically to Chapter 17, Article III, Division 3 -
Employment Practices of the City Code, and Agency hereby covenants and agrees that Agency, its officers,
members, agents, employees and contractors, have fully complied with all provisions of same and that no
employee, or applicant for employment has been discriminated against under the terms of such ordinances by
either or its officers, members, agents, employees or contractors.
14.13.2 No Discrimination in Employment during the Performance of This Contract.
During the performance of this Contract Agency agrees to the following provision, and will require that
its contractors and subcontractors also comply with such provision by including it in all contracts with its
contractors:
[Contractor's, Subcontractor's or Vendor's name] will not unlawfully discriminate against any employee
or applicants for employment because of race, color, sex, gender, religion, national origin, familial status,
disability or perceived disability, sexual orientation, gender identity, gender expression or transgender.
[Contractor's, Subcontractor's or Vendor's name] will take affirmative action to ensure that applicants are hired
without regard to race, color, sex, gender, religion, national origin, familial status, disability or perceived
disability, sexual orientation, gender identity, gender expression or transgender and that employees are treated
fairly during employment without regard to their race, color, sex, gender, religion, national origin, familial status,
disability or perceived disability, sexual orientation, gender identity, gender expression or transgender. Such
action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer,
recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and
selection for training, including apprenticeship. [Contractor's, Subcontractor's or Vendor's name] agrees to post
in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions
of this nondiscrimination clause.
[Contractor's, Subcontractor's or Vendor's name] will, in all solicitations or advertisements for
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employees placed by or on behalf of [Contractor's, Subcontractor's or Vendor's name], state that all qualified
applicants will receive consideration for employment without regard to race, color, sex, gender, religion, national
origin, familial status, disability or perceived disability, sexual orientation, gender identity, gender expression or
transgender.
[Contractor's, Subcontractor's or Vendor's name] covenants that neither it nor any of its officers,
members, agents, employees, or contractors, while engaged in performing this Contract, shall, in connection with
the employment, advancement or discharge of employees or in connection with the terms, conditions or privileges
of their employment, discriminate against persons because of their age or because of any disability or perceived
disability, except on the basis of a bona fide occupational qualification, retirement plan or statutory requirement.
[Contractor's, Subcontractor's or Vendor's name] further covenants that neither it nor its officers,
members, agents, employees, contractors, or persons acting on their behalf, shall specify, in solicitations or
advertisements for employees to work on this Contract, a maximum age limit for such employment unless the
specified maximum age limit is based upon a bona fide occupational qualification, retirement plan or statutory
requirement.
14.13.3 Agency's Contractors and the ADA.
In accordance with the provisions of the Americans With Disabilities Act of 1990 ("ADA"), Agency
warrants that it and any of its contractors will not unlawfully discriminate on the basis of disability in the provision
of services to the general public, nor in the availability, terms and/or conditions of employment for applicants for
employment with, or employees of, Agency or any of its contractors. AGENCY WARRANTS IT WILL
FULLY COMPLY WITH THE ADA'S PROVISIONS AND ANY OTHER APPLICABLE FEDERAL,
STATE AND LOCAL LAWS CONCERNING DISABILITY AND WILL DEFEND, INDEMNIFY AND
HOLD CITY HARMLESS AGAINST ANY CLAIMS OR ALLEGATIONS ASSERTED BY THIRD
PARTIES, CONTRACTORS SUBCONTRACTORS, VENDORS OR AGENTS AGAINST CITY
ARISING OUT OF AGENCY'S AND/OR ITS CONTRACTORS', SUBCONTRACTORS', VENDORS'
OR AGENTS' OR THEIR RESPECTIVE EMPLOYEES' ALLEGED FAILURE TO COMPLY WITH
THE ABOVE -REFERENCED LAWS CONCERNING DISABILITY DISCRIMINATION IN THE
PERFORMANCE OF THIS CONTRACT.
14.14. Conflicts of Interest and Violations of Criminal Law.
14.14.1 Agency Safeguards.
Agency shall establish safeguards to prohibit its employees, board members, advisors and agents from
using positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for
themselves or others, particularly those with whom they have family, business or other ties. Agency shall disclose
to City any such conflict of interest or potential conflict of interest, immediately upon discovery of such.
14.14.2 General Prohibitions Against Conflicts of Interest.
No employees, agents, consultants, officers or elected officials or appointed officials of City or of Agency
who exercise or have exercised any functions or responsibilities with respect to activities assisted with CDBG
funds or who are in a position to participate in a decision -making process or gain inside information with regard
to these activities may utilize CDBG services, may obtain a financial interest or benefit from a CDBG-assisted
activity, or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds
thereunder, either for themselves or those with whom they have family or business ties, during their tenure or for
1 year thereafter.
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14.14.2.1 Agency shall establish conflict of interest policies for federal awards including the
CDBG Funds and shall disclose in writing potential conflicts of interest to City as
authorized by 2 CFR Part 200.112.
14.14.3 Conflicts of Interest Involving Procurement.
The conflict of interest provisions of 2 CFR Part 200.318 shall apply in the procurement of property and
services by Agency. In all cases not governed by this Section, the provisions of 24 CFR Part 570.611 of the
CDBG Regulations shall apply.
14.14.3.1 As more particularly described in 2 CFR Part 200.318, Agency shall maintain and
submit to City written standards of conduct covering conflicts of interest and
governing the performance of its employees engaged in the selection, award, and
administration of contracts. No employee, officer, or agent may participate in the
selection, award, or administration of a contract supported by a federal award if he
or she has a real or apparent conflict of interest. The standards of conduct must
provide for disciplinary actions to be applied for violations of such standards by
officers, employees, or agents of Agency.
14.14.3.2 The officers, employees, and agents of Agency shall neither solicit nor accept
gratuities, favors, or anything of monetary value from contractors or parties to
subcontracts.
14.14.3.3 Notwithstanding the prohibition contained in Section 14.14.3.2, Agency may set
standards of conduct for situations in which the financial interest is not substantial
or the gift is an unsolicited item of nominal value. Such standards of conduct must
provide for disciplinary actions to be applied for violations of such standards by
Agency's officers, employees or agents.
14.14.3.4 Agency shall maintain written standards of conduct covering organizational
conflicts of interest. Organizational conflicts of interest means that because of
relationships with a parent company, affiliate, or subsidiary organization, Agency
is unable or appears to be unable to be impartial in conducting a procurement action
involving a related organization.
14.14.3.5 Agency must maintain records sufficient to detail the history of procurement.
These records will include, but are not necessarily limited to the following:
rationale for the method of procurement, selection of contract type, contractor
selection or rejection, and the basis for the contract price.
14.14.4 Disclosure of Conflicts of Interest.
In compliance with 2 CFR Part 200.112, Agency is required to timely disclose to City in writing any
potential conflict of interest.
14.14.5 Disclosure of Texas Penal Code Violations.
Agency affirms that it will adhere to the provisions of the Texas Penal Code which prohibit bribery and
gifts to public servants.
14.14.6 Disclosure of Federal Criminal Law Violations.
In compliance with 2 CFR Part 200.113, Agency is required to timely disclose to City all violations of
federal criminal law involving fraud, bribery or gratuity violations potentially affecting the Agency.
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14.15 Subcontracting with Small and Minority Firms, Women's Business Enterprises and
Labor Surplus Areas.
14.15.1 For procurement contracts $50,000.00 or larger that are paid for, in part or in full, with the
CDBG Funds, Agency agrees to abide by City's policy to involve Minority Business Enterprises and Small
Business Enterprises and to provide them equal opportunity to compete for contracts for construction, provision
of professional services, purchase of equipment and supplies and provision of other services required by City.
Agency agrees to incorporate the City's BDE Ordinance, and all amendments or successor policies or ordinances
thereto, into all contracts and subcontracts for procurement larger than $50,000.00 or larger that are paid for, in
part or in full, with the CDBG Funds and will further require all persons or entities with which it so contracts to
comply with said ordinance.
14.15.2 It is national policy to award a fair share of contracts to disadvantaged business enterprises
("DBEs"), small business enterprises ("SBEs"), minority business enterprises ("MBEs"), and women's business
enterprises ("WBEs"). Accordingly, affirmative steps must be taken to assure that DBEs, SBEs, MBEs, and
WBEs are utilized when possible as sources of supplies, equipment, construction and services.
14.15.2.1 In order to comply with federal reporting requirements 24 CFR Part 570.506 (g)(6),
Agency must submit the form attached hereto as EXHIBIT "I" — MBE Reporting
Form for each contract or subcontract with a value of $10,000.00 or more paid or
to be paid with the CDBG Funds. Agency shall submit this form by the date
specified in EXHIBIT "I" — MBE Reporting Form.
14.16 Other Laws.
The failure to list any federal, state or City ordinance, law or regulation that is applicable to Agency does
not excuse or relieve Agency from the requirements or responsibilities in regard to following the law, nor from
the consequences or penalties for Agency's failure to follow the law, if applicable.
14.17 Assignment.
Agency shall not assign all or any part of its rights, privileges, or duties under this Contract without the
prior written approval of City. Any attempted assignment of same without approval shall be void, and shall
constitute a breach of this Contract.
14.18. Right to Inspect Agency Contracts.
It is agreed that City has the right to inspect and approve in writing any proposed contracts between
Agency and any contractor or vendor engaged in any activity in conjunction with this CDBG-funded Program
prior to any charges being incurred.
14.19 Force Majeure
If Agency becomes unable, either in whole or part, to fulfill its obligations under this Contract due to acts
of God, strikes, lockouts, or other industrial disturbances, acts of public enemies, wars, blockades, insurrections,
riots, epidemics, pandemics, earthquakes, fires, floods, restraints or prohibitions by any court, board, department,
commission or agency of the United States or of any States, civil disturbances, or explosions, or some other reason
beyond Agency's control (collectively, "Force Majeure Event"), the obligations so affected by such Force
Majeure Event will be suspended only during the continuance of such event. Agency will give City written notice
of the existence, extent and nature of the Force Majeure Event as soon as reasonably possible after the occurrence
of the event. Failure to give notice will result in the continuance of Agency's obligation regardless of the extent
of any existing Force Majeure Event. Agency will use commercially reasonable efforts to remedy its inability to
perform as soon as possible.
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14.20 IMMIGRATION NATIONALITY ACT.
Agency shall verify the identity and employment eligibility of its employees who perform work under this
Contract, including completing the Employment Eligibility Verification Form (I-9). Upon request by City,
Agency shall provide City with copies of all I-9 forms and supporting eligibility documentation for each employee
who performs work under this Contract. Agency shall adhere to all Federal and State laws as well as establish
appropriate procedures and controls so that no services will be performed by any Agency employee who is not
legally eligible to perform such services. AGENCY SHALL INDEMNIFY CITY AND HOLD CITY
HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS
PARAGRAPH BY AGENCY, AGENCY'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR
LICENSEES. City, upon written notice to Agency, shall have the right to immediately terminate this Contract
for violations of this provision by Agency.
15. INDEMNIFICATION AND RELEASE.
AGENCY COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND,
AT ITS OWN EXPENSE, CITY AND ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES
FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE
AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF
WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR
IN CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE OR
NONPERFORMANCE OF THIS CONTRACT AND/OR THE OPERATIONS, ACTIVITIES AND
SERVICES OF THE PROGRAM DESCRIBED HEREIN, WHETHER OR NOT CAUSED IN WHOLE
OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES,
CONTRACTORS OR SUBCONTRACTORS OF CITY; AND AGENCY HEREBY ASSUMES ALL
LIABILITY AND RESPONSIBILITY OF CITY AND ITS OFFICERS, AGENTS, SERVANTS, AND
EMPLOYEES FOR ANY AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE
AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF
WHATSOEVER KINDS OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF
OR IN CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE
OR NONPERFORMANCE OF THIS CONTRACT AND/OR THE OPERATIONS, ACTIVITIES AND
SERVICES OF THE PROGRAM DESCRIBED HEREIN, WHETHER OR NOT CAUSED IN WHOLE
OR IN PART BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES,
CONTRACTORS OR SUBCONTRACTORS OF CITY. AGENCY LIKEWISE COVENANTS AND
AGREES TO AND DOES HEREBY INDEMNIFY AND HOLD HARMLESS CITY FROM AND
AGAINST ANY AND ALL INJURY, DAMAGE OR DESTRUCTION OF PROPERTY OF CITY,
ARISING OUT OF OR IN CONNECTION WITH ALL ACTS OR OMISSIONS OF AGENCY, ITS
OFFICERS, MEMBERS, AGENTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS,
INVITEES, LICENSEES, OR CLIENTS, OR CAUSED, IN WHOLE OR IN PART, BY ALLEGED
NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS OR
SUBCONTRACTORS OF CITY.
IT IS THE EXPRESS INTENTION OF THE PARTIES, BOTH AGENCY AND CITY, THAT THE
INDEMNITY PROVIDED FOR THIS SECTION INCLUDES INDEMNITY BY AGENCY TO
INDEMNIFY AND PROTECT CITY FROM THE CONSEQUENCES OF CITY'S OWN
NEGLIGENCE, WHETHER THAT NEGLIGENCE IS ALLEGED TO BE THE SOLE OR
CONCURRING CAUSE OF THE INJURY, DAMAGE OR DEATH.
AGENCY AGREES TO AND SHALL RELEASE CITY, ITS AGENTS, EMPLOYEES,
OFFICERS AND LEGAL REPRESENTATIVES FROM ALL LIABILITY FOR INJURY, DEATH,
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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 or claims an immunity or exemption (statutory or
otherwise) from and against liability for damages or injury, including death, to persons or property, Agency
hereby expressly waives its rights to plead defensively such immunity or exemption as against City. This Section
shall not be construed to affect a governmental entity's immunities under constitutional, statutory or common
law.
17. INSURANCE AND BONDING.
Agency will maintain coverage in the form of insurance or bond in the amount of $25,000.00 to insure
against loss from the fraud, theft or dishonesty of any of Agency's officers, agents, trustees, directors or
employees. The proceeds of such insurance or bond shall be used to reimburse City for any and all loss of CDBG
Funds occasioned by such misconduct. To effectuate such reimbursement, such fidelity coverage shall include a
rider stating that reimbursement for any loss or losses shall name the City as a Loss Payee.
Agency shall furnish to City in a timely manner, but not later than the Effective Date, certificates of
insurance as proof that it has secured and paid for policies of commercial insurance as specified herein. If City
has not received such certificates by the Effective Date, Agency shall be in default of the Contract and City may,
at its option, terminate the Contract.
Such insurance shall cover all insurable risks incident to or in connection with the execution, performance,
attempted performance or nonperformance of this Contract. Agency shall maintain the following insurance
coverage and limits:
Commercial General Liability (CGL) Insurance
$ 500,000 each occurrence
$1,000,000 aggregate limit
Non -Profit Organization Liability or Directors & Officers Liability
$1,000,000 Each Occurrence
$1,000,000 Annual Aggregate Limit
Business Automobile Liability Insurance
$1,000,000 each accident on a combined single -limit basis, or
$ 250,000 Property Damage
$ 500,000 Bodily Injury per person per occurrence
$2,000,000 Aggregate
Insurance policy shall be endorsed to cover "Any Auto", defined as autos owned, hired, and non -owned.
Pending availability of the above coverage and at the discretion of City, the policy shall be the
primary responding insurance policy versus a personal auto insurance policy if or when in the
course of Agency's business as contracted herein.
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Workers' Compensation Insurance
Part A: Statutory Limits
Part B: Employer's Liability
$100,000 each accident
$100,000 disease -each employee
$500,000 disease -policy limit
Note: Such insurance shall cover employees performing work on any and all projects including but not
limited to construction, demolition, and rehabilitation. Agency or its contractors shall maintain coverages,
if applicable. In the event the respective contractors do not maintain coverage, Agency shall maintain the
coverage on such contractor, if applicable, for each applicable contract.
Additional Requirements
Such insurance amounts shall be revised upward at City's reasonable option and no more frequently than once
every 12 months, and Agency shall revise such amounts within 30 days following notice to Contractor of such
requirements.
Agency will submit to City documentation that it has obtained insurance coverage and has executed bonds as
required in this Contract prior to payment of any monies provided hereunder.
Where applicable, insurance policies required herein shall be endorsed to include City as an additional insured as
its interest may appear. Additional insured parties shall include employees, officers, agents, and volunteers of
City.
Any failure on part of City to request certificate(s) of insurance shall not be construed as a waiver of such
requirement or as a waiver of the insurance requirements themselves.
Insurers of Agency's insurance policies shall be licensed to do business in the state of Texas by the Department
of Insurance or be otherwise eligible and authorized to do business in the state of Texas. Insurers shall be
acceptable to City insofar as their financial strength and solvency and each such company shall have a current
minimum A.M. Best Key Rating Guide rating of A-: VII or other equivalent insurance industry standard rating
otherwise approved by City.
Deductible limits on insurance policies shall not exceed $5,000 per occurrence unless otherwise approved by
City.
In the event there are any local, federal or other regulatory insurance or bonding requirements for the Program,
and such requirements exceed those specified herein, the former shall prevail.
Agency shall require its contractors to maintain applicable insurance coverages, limits, and other requirements as
those specified herein; and Agency shall require its contractors to provide Agency with certificate(s) of insurance
documenting such coverage. Also, Agency shall require its contractors to have City and Agency endorsed as
additional insureds (as their interest may appear) on their respective insurance policies.
Directors and Officers Liability coverage shall be in force and may be provided on a claims -made basis. This
coverage may also be referred to as Management Liability, and shall protect the insured against claims arising
out of alleged errors in judgment, breaches of duty and wrongful acts arising out of their organizational duties.
Coverage shall protect not only the entity, but all past, present and future directors, officers, trustees, employees,
volunteers and committee members.
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Notwithstanding any provision in this Contract to the contrary, when applicable, Agency shall comply with
the requirements of 2 CFR 200.310 and shall, at a minimum, provide the equivalent insurance coverage
for real property and equipment acquired or improved with CDBG Funds as provided to property owned
by Agency.
18. CERTIFICATION REGARDING LOBBYING.
The undersigned representative of Agency hereby certifies, to the best of his or her knowledge and belief,
that:
No federal appropriated funds have been paid or will be paid, by or on behalf of Agency, to any person
for influencing or attempting to influence an officer or employee of any agency, a member of Congress,
an officer or employee of Congress in connection with the awarding of any federal contract, the making
of any federal grant, the making of any federal loan, the entering into of any cooperative agreement and
the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan or
cooperative agreement.
If any funds other than federally appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, member of Congress in
connection with this federal contract, grant, loan or cooperative agreement, Agency shall complete and
submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
This certification is a material representation of fact upon which reliance was placed when this Contract
was made or entered into. Submission of this certificate is a prerequisite for making or entering into this
Contract imposed by 31 U.S.C. Section 1352. Any person who fails to file the required certification shall
be subject to a civil penalty of not less than $10,000.00 and not more than $100,000.00 for each such
failure.
Agency shall require that the language of this certification be included in all subcontracts or agreements
involving the expenditure of federal funds.
19. LITIGATION AND CLAIMS.
Agency shall give City immediate notice in writing of any action, including any proceeding before an
administrative agency, filed against Agency in conjunction with this Contract or the Program. Agency shall
furnish immediately to City copies of all pertinent papers received by Agency with respect to such action or claim.
Agency shall provide a notice to City within 10 days upon filing under any bankruptcy or financial insolvency
provision of law.
20. NOTICE.
All notices required or permitted by this Contract must be in writing and are deemed delivered on the
earlier date of the date actually received or the third day following deposit in a United States Postal Service post
office or receptacle; with proper postage, certified mail return receipt requested; and addressed to the other Party
at the address set out below or at such other address as the receiving Party designates by proper notice to the
sending Party.
City:
City Attorney's Office
200 Texas Street
Fort Worth, TX 76102
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Junior Achievement of the Chisholm Trail, Inc. Rev:09/27/2023
Telephone: 817-392-7600
Copy to:
Neighborhood Services Department
200 Texas Street
Fort Worth, TX 76102
Attention: Director
Telephone: 817-392-7540
Copy to:
Neighborhood Services Department
200 Texas Street
Fort Worth, TX 76102
Attention: Contract Administrator
Telephone: 817-392-7540
Agency:
Junior Achievement of the Chisholm Trail, Inc.
Kimberly Robinson
6300 Ridglea Place, Suite 400
Fort Worth, TX 76116
Telephone: 817-731-0838
21. AGENCY HAS LEGAL AUTHORITY TO ENTER INTO CONTRACT.
Agency represents that it possesses the legal authority, pursuant to any proper, appropriate and official
motion, resolution or action passed or taken, to enter into this Contract and to perform the responsibilities herein
required.
22. COUNTERPARTS.
This Contract may be executed in multiple counterparts, each of which shall be considered an original,
but all of which shall constitute one instrument which may be sufficiently evidenced by one counterpart.
23. PROGRAM INCOME
Parties agree that no program income as defined by HUD shall be earned as a result of this contract.
24. PROHIBITION ON CONTRACTING WITH COMPANIES THAT BOYCOTT ISRAEL
If Agency has less than ten employees, this contract is for less than $100,000, or Agency does not meet
the definition of a "company" under the applicable section of the Texas Government Code, this provision shall
not apply. Agency acknowledges that in accordance with Chapter 2270 of the Texas Government Code, the City
is prohibited from entering into a contract with a company for goods or services unless the contract contains a
written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during
the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those
terms in Section 808.001 of the Texas Government Code. By signing this contract, Agency certifies that Agency's
signature provides written verification to the City that Agency: (1) does not boycott Israel; and (2) will not boycott
Israel during the term of the contract.
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25. PROHIBITION ON BOYCOTTING ENERGY COMPANIES
Agency acknowledges that in accordance with Chapter 2274 of the Texas Government Code, as added by
Acts 2021, 87th Leg., R.S., S.B. 13, § 2, the City is prohibited from entering into a contract for goods or services
that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a
company with 10 or more full-time employees unless the contract contains a written verification from the
company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the
term of the contract. The terms "boycott energy company" and "company" have the meaning ascribed to those
terms by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2. To
the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement,
Agency certifies that Agency's signature provides written verification to the City that Agency: (1) does not
boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement.
26. PROHIBITION ON DISCRIMINATION AGAINST FIREARM AND AMMUNITION
INDUSTRIES
Agency acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code,
as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1, the City is prohibited from entering into a contract for goods
or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City
with a company with 10 or more full-time employees unless the contract contains a written verification from the
company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm
entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm
entity or firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade association"
have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code, as added by Acts
2021, 87th Leg., R.S., S.B. 19, § 1. To the extent that Chapter 2274 of the Government Code is applicable to this
Agreement, by signing this Agreement, Agency certifies that Agency's signature provides written verification to
the City that Agency: (1) does not have a practice, policy, guidance, or directive that discriminates against a
firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade
association during the term of this Agreement.
[SIGNATURES APPEAR ON NEXT PAGE]
CDBG 51% PSA CONTRACT 2023-24 Page 28
Junior Achievement of the Chisholm Trail, Inc. Rev:09/27/2023
IN WITNESS WHEREOF, the Parties hereto have executed 1 original of this Contract in Fort Worth,
Tarrant County, Texas.
ATTEST:
Jannette Goodall
City Secretary
M&C: 23-0631
Date: August 8, 2023
1295 Certification No. 2023-993769
RECOMMENDED BY:
d
a`
Victor Turner
Neighborhood Services Director
APPROVED AS TO FORM AND LEGALITY:
Jessika Williams
Assistant City Attorney
CITY OF FORT WORTH:
Fernando Costa
Assistant City Manager
CONTRACT COMPLIANCE ADMINISTRATOR:
By signing, I acknowledge that I am the person responsible
for the monitoring and administration of this contract, including
ensuring all performance and reporting requirements
-Mabi Tackett (Oct 18, 202316:32 CDT)
Mabi Tackett, Human Services Coordinator
JUNIOR ACHEIVEMENT OF THE CHISHOLM TRAIL, INC.
Cindy Hames ct18, 316:27 CDT)
Cindy Hames, President
CDBG 51% PSA CONTRACT 2023-24
Junior Achievement of the Chisholm Trail, Inc.
Page 29
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Rev:09/27/2023
EXHIBITS:
EXHIBIT "A" —Program Summary
EXHIBIT "A-1" — 2023 HUD Income Limits
EXHIBIT "A-2" — Reporting Requirements for Countywide Agencies
EXHIBIT "B" — Budget
EXHIBIT "C" — Audit Certification Form
EXHIBIT "D" — Reimbursement Forms
EXHIBIT "E" — Form of Income Self -Certification
EXHIBIT "F" — Standards for Complete Documentation
EXHIBIT "G" — Section 3 Reporting Forms (NOT APPLICABLE)
EXHIBIT "H" — Severely Disabled Certification Form
EXHIBIT "I" — MBE Reporting Form
EXHIBIT "J" — Duties of the Parties for Use of NSD Community Centers
EXHIBIT "K" — Notice of Beneficiary Rights
CDBG 51% PSA CONTRACT 2023-24 Page 30
Junior Achievement of the Chisholm Trail, Inc. Rev:09/27/2023
JUNIOR ACHIEVEMENT OF THE CHISHOLM TRAIL
Cradle to Career Initiative
EXHIBIT "A"
PROGRAM SUMMARY
(CDBG FUNDS)
OCTOBER 1, 2023 — SEPTEMBER 30, 2024 $25,000.00
Capitalized terms not defined herein shall have meanings assigned them in the Contract.
PROGRAM:
Through our curriculum and partnerships with volunteers and educators, Junior Achievement's
Cradle to Career Initiative prepares primarily low-income K-12 students to succeed in work and
life. Students gain valuable knowledge and skills to help them enter the workforce effectively,
obtain high -wage careers, and build a financially literate, prosperous life.
CDBG funds will go towards our work in Fort Worth ISD at Oakhurst Elementary School, Versia
Williams Elementary School, and Springdale Elementary School and funds will be used to pay for
employee salaries required to execute programming and grant reporting.
Agency is located at 6300 Ridglea Place, Suite 400, Fort Worth, Texas 76116. Operating hours are
9:00 a.m. to 5:00 p.m., Monday through Friday.
REGULATORY CLASSIFICATION:
IDIS Matrix Code(s) and Service Category: 05D — Youth Services
National Objective Citation: LMC — Low/Mod Limited Clientele 24 CFR 570.208(a)(2)
Regulatory Citation(s): 24 CFR 570.201(e) or 42 USC 5305(a)(8) + 24 CFR 570.482(c)(2)
Agency will maintain documentation that verifies that 100% of clients served by the Program are
Income Eligible Clients.
PROGRAM GOALS:
Minimum Number of Clients to be Served: The Program must serve a minimum of 340
Unduplicated Clients as shown by the monthly reports on Attachment III -Client Data
Report.
11Page
CDBG CONTRACT 2021-2022-EXHIBIT "A" -PROGRAM SUMMARY
Junior Achievement of the Chisholm Trail, Inc dba Cradle to Career Initiative
Minimum Fort Worth Agency Program Performance Outcome: At least 51% of all Program
clients must be Income Eligible Clients. Agency must furnish City a Certification of Income
Statement for all clients served. For example, if the Program serves 1,000 clients, 510 must be
Income Eligible Clients. In this example, Agency would be required to furnish City 1,000
Certification of Income Statements that prove at least 510 of the clients served by the Program are
Income Eligible Clients.
Agency is a Fort Worth Agency which means at least 90% of clients served by the Program are
Fort Worth residents. Agency will submit documentation which verifies that at least 51% of all
clients served by the Program, whether Fort Worth residents or not, are Income Eligible Clients
with current household incomes at or below 80% of AMI.
21Page
CDBG CONTRACT 2021-2022-EXHIBIT "A" -PROGRAM SUMMARY
Junior Achievement of the Chisholm Trail, Inc dba Cradle to Career Initiative
EXHIBIT "A-1"
2023 HUD INCOME LIMITS
AMI
1 person
2 people
3 people
4 people
5 people
6 people
7 people
8 people
30%
$20,100
$23,000
$25,850
$28,700
$31,000
$33,300
$35,600
$37,900
50%
$33,500
$38,300
$43,100
$47,850
$51,700
$55,550
$59,350
$63,200
80%
$53,600
$61,250
$68,900
$76,550
$82,700
$88,800
$94,950
$101,050
*Income limits are published at least annually by HUD.
Effective 6/15/2023
EXHIBIT "A-2"
REPORTING REQUIREMENTS FOR COUNTYWIDE AGENCIES
CDBG 51% PSA CONTRACT-- EXHIBIT "A-2"
REPORTING REQUIREMENTS FOR COUNTYWIDE AGENCIES
REPORTING REQUIREMENTS FOR COUNTYWIDE AGENCIES
Quarterly Report
The purpose of the Quarterly Report is for the Countywide Agencies to report the number of non -Fort
Worth clients who participate in the Program. The Quarterly Report must be submitted with the
December, March, June and September Reimbursement Requests. The submission of the Quarterly
Report is through ZoomGrants. The information provided in the Quarterly Report will be reviewed
and monitored by the Neighborhood Services Department Compliance Division.
DUE DATE REPORTING RANGE
A B
# OF FORT
WORTH
CLIENTS
C
# OF NON -FORT
WORTH
CLIENTS
D
TOTAL#OF
CLIENTS
SERVED BY
THE PROGRAM
(C+D)
E
%
FORT WORTH
CLIENTS
(C=E)
F
EXAMPLE:
250
200
450
250+450=55%
January 17, 2023
October 1, 2023 —
December 31, 2023
April 15, 2023
January 1, 2024 —
March 30, 2024
July 15, 2023
April 1, 2024—
June 30, 2024
October 3, 2023
July 1, 2024—
Se.tember 30, 2024
TOTAL
I, Kimberly Robinson, certify that I verified the information I reported this quarter and it is correct to
the best of my knowledge.
Certified by:
Signature/Title:
CDBG 51% PSA CONTRACT-- EXHIBIT "A-2"
REPORTING REQUIREMENTS FOR COUNTYWIDE AGENCIES
Date:
EXHIBIT "B" - BUDGET
Account
Grant Budget
Remaining
Balance
Increase
Decrease
Total
PROGRAM PERSONNEL
Salaries
1001
$ 25,000.00
FICA
1002
Life/Disability Insurance
1003
Health/Dental Insurance
1004
Unemployment -State
1005
Worker's Compensation
1006
Retirement
1007
Staff Training
1008
SUPPLIES AND SERVICES
Office/Program Supplies
2001
Postage
2002
Printing
2003
Adv/Media, Dues/Pub, Printing,
Bank Fees
other
2004
MISCELLANEOUS
Contract Labor Food
Supplies/Meals (City needs copy
of contract before expenses can be
reimbursed)
3 001
Food Supplies
3002
Teaching Aids
3003
Craft Supplies
3004
Field Trip Expenses
3005
Mileage
3006
FACILITY AND UTILITIES
Telephone
4001
Electric
4002
Gas
4003
Water and Wastewater
4004
Solid Waste Disposal
4005
Rent (City needs copy of lease
before expenses can be
reimbursed)
4006
Cleaning Supplies
4007
Repairs
4008
Custodial Services
4009
Utilities, Transportation, PP &E
4010
LEGAL, FINANCIAL AND
INSURANCE
Fidelity Bond or Equivalent
5001
Directors and Officers
5002
General Commercial Liability
5003
Page 1
Bank fees
volunteer
volunteer
Prof Fees
5004
DIRECT ASSISTANCE
Audit/IT/Legal Volunteer
Recruitment, Misc.
6001
BUDGET TOTAL
$ 25,000.00
$ -
$ -
$ -
$ 25,000.00
FUNDING A:
FUNDING B:
FUNDING C:
Page 2
The following tables were created for the purpose of preparing, negotiating, and determining the cost
reasonableness and cost allocation method used by the Agency for the line item budget represented on
the first page of this EXHIBIT "B" — Budget. The information reflected in the tables is to be
considered part of the terms and conditions of the Contract. Agency must have prior written approval
by the City to make changes to any line item in the Budget as outlined in Section 5.2.2 in the
Contract. The deadline to make changes to EXHIBIT "B" — Budget is .
SALARY DETAIL -PROGRAM PERSONNEL
Position Title
Annual Salary
Est. Percent to
Grant
Amount to
Grant
Senior Education Manager
$ 59,325.00
12.0%
$ 7,119.00
TOTAL
$ 59,325.00
FRINGE DETAIL -PROGRAM PERSONNEL
Percent of
Payroll
Amount
Est. Percent to
Grant
Amount to
Grant
FICA
Life/Disability Insurance
Health/Dental Insurance
Unemployment -State
Worker's Compensation
Retirement
Staff Training
TOTAL
$ -
SUPPLIES AND SERVICES
Total Budget
Est. Percent to
Grant
Amount to
Grant
Office/Program Supplies
Postage
Printing
Adv/Media, Dues/Pub, Printing, Bank Fees
TOTAL
$ -
MISCELLANEOUS
Total Budget
Est. Percent to
Grant
Amount to
Grant
Contract Labor
#DIV/0!
Food Supplies
Teaching Aids
Craft Supplies
Field Trip Expenses
Mileage
TOTAL
$ -
#DIV/0!
$ -
FACILITY AND UTILITIES
Total Budget
Est. Percent to
Grant
Amount to
Grant
Telephone
Electric
Gas
Water and Wastewater
Solid Waste Disposal
Rent
Cleaning Supplies
Repairs
Custodial Services
Utilities, Transportation, PP & E
TOTAL
$ -
LEGAL, FINANCIAL AND INSURANCE
Total Budget
Est. Percent to
Grant
Amount to
Grant
Fidelity Bond or Equivalent
Directors and Officers
General Commercial Liability
Prof Fees
TOTAL
$ -
DIRECT ASSISTANCE
Total Budget
Est. Percent to
Grant
Amount to
Grant
Audit/IT/Legal Volunteer Recruitment, Misc.
TOTAL
$ -
The following tables were created for the purpose of preparing, negotiating, and determining the cost
reasonableness and cost allocation method used by the Agency for the line item budget represented on
the first page of this EXHIBIT "B" — Budget. The information reflected in the tables is to be
considered part of the terms and conditions of the Contract. Agency must have prior written approval
by the City to make changes to any line item in the Budget as outlined in Section 5.2.2 in the
Contract. The deadline to make changes to EXHIBIT "B" — Budget is .
SALARY DETAIL -PROGRAM PERSONNEL
Position Title
Annual Salary
Est. Percent to
Grant
Amount to Grant
Administration Manager
$ 66,000.00
8.0%
$ 5,280.00
TOTAL
$ 66,000.00
1 FRINGE DETAIL -PROGRAM PERSONNEL
Percent of Payroll
Amount
Est. Percent to
Grant
Amount to Grant
FICA
Life/Disability
Insurance
Health/Dental
Insurance
Unemployment -
State
Worker's
Compensation
Retirement
Staff Training
TOTAL
$ -
SUPPLIES AND SERVICES
Total Budget
Est. Percent to
Grant
Amount to Grant
Office/Program Supplies
Postage
Printing
Adv/Media, Dues/Pub, Printing, Bank
Fees
TOTAL
$ -
MISCELLANEOUS
Total Budget
Est. Percent to
Grant
Amount to Grant
Contract Labor
#DIV/0!
Food Supplies
Teaching Aids
Craft Supplies
Field Trip Expenses
Mileage
TOTAL
$ -
#DIV/0!
$ -
FACILITY AND UTILITIES
Total Budget
Est. Percent to
Grant
Amount to Grant
0
0
0
0
0
Rent
Cleaning Supplies
Repairs
Custodial Services
Utilities, Transportation, PP & E
TOTAL
$ -
EGAL, FINANCIAL AND INSURANCE
Total Budget
Est. Percent to
Grant
Amount to Grant
Fidelity Bond or Equivalent
Directors and Officers
General Commercial Liability
Prof Fees
TOTAL
$ -
DIRECT ASSISTANCE
Total Budget
Est. Percent to
Grant
Amount to Grant
Audit/IT/Legal Volunteer Recruitment,
TOTAL
$ -
The following tables were created for the purpose of preparing, negotiating, and determining the cost
reasonableness and cost allocation method used by the Agency for the line item budget represented on
the first page of this EXHIBIT "B" — Budget. The information reflected in the tables is to be
considered part of the terms and conditions of the Contract. Agency must have prior written approval
by the City to make changes to any line item in the Budget as outlined in Section 5.2.2 in the
Contract. The deadline to make changes to EXHIBIT "B" — Budget is .
SALARY DETAIL -PROGRAM PERSONNEL
Position Title
Annual Salary
Est. Percent to
Grant
Amount to Grant
Education Manager
$ 57,500.00
23.0%
$ 13,225.00
TOTAL
$ 57,500.00
FRINGE DETAIL -PROGRAM PERSONNEL
Percent of Payroll
Amount
Est. Percent to
Grant
Amount to Grant
FICA
Life/Disability
Insurance
Health/Dental
Insurance
Unemployment -
State
Worker's
Compensation
Retirement
Staff Training
TOTAL
$ -
SUPPLIES AND SERVICES
Total Budget
Est. Percent to
Grant
Amount to Grant
Office/Program Supplies
Postage
Printing
Adv/Media, Dues/Pub, Printing, Bank
Fees
TOTAL
$ -
MISCELLANEOUS
Total Budget
Est. Percent to
Grant
Amount to Grant
Contract Labor
#DIV/0!
Food Supplies
Teaching Aids
Craft Supplies
Field Trip Expenses
Mileage
TOTAL
$ -
#DIV/0!
$ -
FACILITY AND UTILITIES
Total Budget
Est. Percent to
Grant
Amount to Grant
0
0
0
0
0
Rent
Cleaning Supplies
Repairs
Custodial Services
Utilities, Transportation, PP & E
TOTAL
$ -
L FINANCIAL AND INSURANCE
,
Total Budget
Est. Percent to
Grant
Amount to Grant
Fidelity Bond or Equivalent
Directors and Officers
General Commercial Liability
Prof Fees
TOTAL
$ -
DIRECT ASSISTANCE
Total Budget
Est. Percent to
Grant
Amount to Grant
Audit/IT/Legal Volunteer Recruitment,
TOTAL
$ -
AUDIT CERTIFICATION FORM AND AUDIT REQUIREMENTS
Agency:
Fiscal Year Ending: September 30, 2024
During the fiscal year in which funds will be received, we will exceed the federal expenditure
threshold of $750,000. We will have our Single Audit or Program Specific Audit completed
and will submit the audit report described in 2 CFR Part 200 within 7 months after the end
of the audited fiscal year or 30 days within its completion, whichever is the earlier date.
During the fiscal year in which funds will be received, we will not exceed the $750,000 federal
expenditure threshold required for a Single Audit or a Program Specific Audit to be performed
this fiscal year. (Fill out schedule below)
Federal Expenditure Disclosure
MUST be filled out if Single Audit or Program Audit is NOT required.
Federal Grantor
Pass Through
Grantor
Program Name &
CFDA Number
Contract
Number
Expenditures
V\u) C.0b (-
CAI' vc--vVA
C_iu(1L.Q 'k ,otor2C'a'"
C a i oco
Total Federal Expenditures for this Fiscal Year:
; .s , ()o(.)
.:(1/yytiL,0„0„
v
Kimberly Rsihinson, Development Director
Date
Failure to submit this or a similar statement or failure to submit a completed single audit package
as described in the federally required audit requirements described in 2 CFR Part 200, as
applicable, by the required due date may result in suspension of funding and may affect eligibility
for future funding. Notwithstanding the above, this certification acknowledges the agency's
commitment to meet all other financial reporting, financial statements, and other audit
requirements as may be set forth in the Contract.
CDBG-CV 51% PSA CONTRACT 2021 - EXHIBIT "C" - AUDIT CERTIFICATION FORM 2
Exhibit D
Attachment I- Request Summary
Agency:
Junior Achievement of the Chisholm Trail
Address:
6300 Ridplea Place, Ste 400
City- State, Zip:
Fort Worth TX 76116
Program:
Cradle to Career Initiative
Month of Service:
Tax ID Number:
Contract Number:
Case ID:
39998
P.O. Number:
FID Number:
IDIS Number:
7806
Program
Account
Amount
Original Amount
This Invoice Cumulative to Date
Remaining Balance
grogram Name). Case ID
39998
i
I
Salaries
1001
$
-
$
FICA
1002
$
-
$ -
$
•
$
Life/Disability Insurance
1003
$
-
$ -
$
-
$ -
Health/Dentallnsurance
1004
$
•
$ -
$
-
$ -
Unemployment -State
1005
$
$
$
-
$ -
Worker's Compensation
1006
$
I $
$
•
$ -
Office Supplies
1007
$
-
$ -
$
•
$ -
Food Supplies
1008
$
-
$ -
$
-
$ -
Insurance
1009
$
-
$ -
$
-
$ -
Accounting
1010
$
$ -
$
-
$
Contract Labor
1011
$
-
$ -
$
•
$ -
$
TOTAL
$
-
$ -
$
-
$ -
Request Summary
Budget
Enpenditure
Percentage Spent
Table Total
$
25,000.00
$
0%
$
•
23-Oct
23-Nov
23-Dec
24-Jan
24-Feb
24-Mar
1
$
•
$
-
$
-
$
-
$
24-Apr
24-May
24Jun
24,1u1
24-Aug
24-Sep
$
-
S
-
$
-
$
-
$
$
-
Client Goals
Goal Amount
Cumulative Total
Goal Met %
Table Total
340
272
0
0%
0
23-Oct
23-Nov
23-Dee
24-Jan
24-Feb
24-Mar
0
0
0
0
0
0
24-Apr
24-May
24-Jun
24-Jul 24-Aug
24-Sep
0
0
0
0 1 0
0
Agency.
Program
ATTACHMENT II
City or Fort worth
Neighborhood Services Department
Expenditure worksbeet
Junior Achievement of the Chisholm Trail, Inc
Cradle to Career Inililolive
Only highlighted codes can be reimbursed
Lino
No.
Clock No.
Dale
Pasco
rnasc g
Dcsctiption/lob Title' 1
out r ur c n¢cu
Account Coda
(Sec Key to
Righi)
nr cue es.
Amount
Espente Line hem
Account
EMERGENCY SHELTER
1
1
ESSENTIAL SERVICES
2
Salaries
1001
3
FICA
1002
4
I
Life/Disobiliy Insoonce
1003
5
Health/Dental Insurance
1004
6
Uncinployment.Sime
1005 _
7
8
Worker's Compensation
1006
9
OIIice Supplies
1007
I0
11
Food Supplies
1008
12
Insurance
1009
13
Accounting
1010
14
15
Contract Labor
1011
16
Oilier()
1012
17
SIIELTER OPERATIONS
18
Maintenance
2001
19
Security
2002
Insurance
2003
20
21
Utilities
2004
22
Supplies
2005
23
Repairs
2006
24
Other()
2007
25
ROUSING RELOCATION AND STABILIZATION
PREVENTION
26
27
Salaries
3001
28
FICA
3002
29
Life/Disability Insurance
3003
30
Health/Dental Insurance
3004
31
Unemplosnenl•Slpte
3005
32
Worker's Compcnsolion
3006
33
Oilier°
3007
34
REIIOUSING
Salaries
4001
35
36
FICA
4002
37
Life/Disability Insurance
4003
38
Health/Dental Insurance
4004
39
Unemplosmcnt•Slotc
4005
Worker's Compensation
4006
40
41
Other()
4007
42
FINANCIAL ASSISTANCE_
43
PREVENTION
44
Rental Assistance
5001
45
46
Utility Payments
5002
47
REIIOUSING
48
Rental Assistance 6001
Sccoriq. Deposits
6002
49
Utility Dcposils
6003
1
Total
$ -
Utility Payments
6004
•Far Salaries. state employee's title under Description/lob Title. Rent must ideni fy tenant
Movin5Costs
6005
Motel/Hotel Vouchers [ 6006
IIMIS
HMIS Software Costs I 7001
la
i
ti
31
1
1
`I;
111
Id
ir
110
El
EXHIBIT "E"
INCOME CERTIFICATION FORMS
CDBG 51% PSA CONTRACT -- EXHIBIT "E" -- INCOME CERTIFICATION FORMS Page 1
Applicant Name:
Current Address:
City and Zip:
City of Fort Worth
CERTIFICATION OF INCOME STATEMENT
Phone #:
Household Members and Income
including anDlicant
Last Name
First Name
Age
Monthly
Income $$
Source of Income
TOTAL NUMBER OF FAMILY MEMBERS
Total Gross Annual Household Income:
(Include Yourself, Spouse, Children, etc.)
PERSONAL INFORMATION: (Check one in each item. This Information is Required for Federal Reporting Purposes)
a. El MALE b. El WHITE El BLACK/AFRICAN AMERICAN ❑ BLACK/AFRICAN AMERICAN & WHITE
El FEMALE El AMERICAN INDIAN/ALASKAN NATIVE El ASIAN
El AMERICAN INDIAN/ALASKAN NATIVE & WHITE El ASIAN & WHITE
❑ NATIVE HAWAIIAN/OTHER PACIFIC ISLANDER ❑ BALANCE/OTHER
❑ AMERICAN INDIAN/ALASKAN NATIVE & BLACK/AFRICAN AMERICAN
c. ETHNICITY d. DISABLED e. IS HEAD OF HOUSEHOLD FEMALE?
❑ HISPANIC ❑ YES ❑ YES
❑ NON -HISPANIC ❑ NO ❑ NO
Certification: I certify that the information I am providing is true and could be subject to verification at any
time by a third party. I also acknowledge that the provision of false information could leave me subject to the
penalties of Federal, State and local law.
Signature of Applicant
Date
WARNING: TITLE 18, SECTION 1001 OF THE U.S. CODE STATES THAT A PERSON IS GUILTY OF A FELONY
FOR KNOWINGLY AND WILLINGLY MAKING FALSE OR FRAUDULENT STATEMENTS TO ANY DEPARTMENT OF
THE UNITED STATES GOVERNMENT.
For use by Agency staff only
Household Size: Gross Annual Income:
Applicable Income Limit: Is Applicant Eligible?
Check if Applicant refused to provide demographic information: ❑
Staff Assessment of Demographics:
Person Making Determination: Date:
NOTE: Address, income amounts and sources for ALL household members are required.
CDBG 51% PSA CONTRACT -- EXHIBIT "E" -- INCOME CERTIFICATION FORMS
Page 2
Ciudad de Fort Worth
CERTIFICACION DE DECLARACION DE INGRESOS
Nombre del Solicitante:
Direccion de Actualidad: Telefono: _
Ciudad y Codigo Postal:
Miembros Del Hogar e Ingresos
Incluvendo el/la Solicitante
Apellido
Nombre
Edad
Ingreso
Mensual
Origen de Ingresos
* TOTAL NUMERO DE MIEMBROS DEL HOGAR
(Incluyase Usted.)
Total, Anual de Ingresos del hogar:
**INFORMAC16N PERSONAL: (Seleccione uno en cada articulo. Esta informacion es requerida por el Gobierno federal.)
a. ❑ MASCULINO b. ❑ BLANCO ❑ NEGRO/AFRICANO AMERICANO ❑ NEGRO/AFRICANO AMERICANO & BLANCO
El FEMININO El INDIO AMERICANO/NATIVO DE ALASKA El ASIATICO
El INDIO AMERICANO/NATIVO DE ALASKA & BLANCO El ASIATICO & BLANCO
El NATIVO HAWAIANO/OTRO DE LAS ISLAS PACIFICAS El BALANCE/OTRO
El INDIO AMERICANO / NATIVO DE ALASKA & NEGRO/AFRICANO AMERICANO
c. ETHNICIDAD d. INCAPACITADO e. z,ES LA CABEZA DEL HOGAR MUJER?
El HISPANO El si El si
❑ NO-HISPANO ❑ NO ❑ NO
Certificacion: Yo certifico que la informacion que yo estoy proporcionando es verdadera y puedo ser sujeto a
verificacion a cualquiera hora por tercera parte. Yo tambien reconozco que la provision de informacion falsa
puede dejarme sujeto a penalidades Federales, Estatales, y a ley local.
Firma del Solicitante
Fecha
ADVERTENCIA: TITULO 18, SECCION 1001 DEL CODIGO DE LOS ESTADOS UNIDOS INDICA QUE UNA
PERSONA ES CULPABLE DE UN DELITO POR SABER Y VOLUNTARIAMENTE HACER DECLARACIONES FALSOS 0
FRAUDULENTAS A CUALQUIER DEPARTAMENTO DE GOBIERNO DE LOS ESTADOS UNIDOS.
Para use de empleados de la agencia
# De Miembros de Familia: Ingreso Anual:
Limite de Ingreso: i,Es solicitante elegible?:
Compruebe si el solicitante se nego a dar su informacion personal: ❑
Evaluacion del empleado sobre informacion personal:
Persona haciendo la determinacion: Fecha:
Note: La direccion de la casa y los ingresos (y sus origenes) para todos miembros del hogar son requeridos.
CDBG 51% PSA CONTRACT -- EXHIBIT "E" -- INCOME CERTIFICATION FORMS
Page 3
EXHIBIT "F"
STANDARDS OF DOCUMENTATION
CDBG 51% PSA CONTRACT -- EXHIBIT "F" -- STANDARDS OF DOCUMENTATION
2023-2024 Documentation Standards for
CDBG Public Service Contract Expenses
0
w o�
C E L L w
a) wca) ` at
Budget Line E 2 R o m
Items R 0.. to c a Notes/Other
a a, Q _
w O L` O c 2 a,
V N w A C
p w la N w 0)
> 2 E O< aR, X x O
O- 1— U co J W w O-
Employee Salaries and Benefits - City will only reimburse a percentage of any employee's salary and benefits who work directly with the CDBG-funded Program.
Percentages will be cost allocated and determined prior to the execution of the CDBG Contract. Agencies requesting the reimbursement of 100% of any Agency employee
will require prior City approval. Agencies must show calculation on how the CDBG portion of employee salaries and benefits were calculated consistently with the CDBG
Contract.
Salaries
X
x
If an employee works on both a CDBG eligible and non-CDBG eligible program(s), the City will only reimburse for a reasonable portion
of the employee's salary. Prior to the execution of the CDBG Contract, the Agency will priovide the City with a written statement on how
each employee's time will be allocated. If an employee works 100% of their time directly with the CDBG-funded Program, then 100% of
the employee's salary may be eligible for reimbursement. Agency must submit a written statement that 100% of the employee's time is
spent working directly with the CDBG-funded Program. Statements must be signed by a person authorized to sign on behalf of the
Agency and will be submitted with the October invoice.
Reimbursement requests must include a timesheet and work log that reflects the hours worked by the employee(s) working directly on
the CDBG-funded Program. For employees who are paid with multiple funding sources, timesheets must reflect all funding sources. If
separate timesheets are kept for each funding source, all such timesheets must be submitted to City. Timesheets must be signed by
employee and supervisor. Agency must show a calculation and documentation of how the employee's salary was calculated and
invoiced to City.
*If employees are paid by direct deposit rather than check, then the agency must submit both the direct deposit payment company's
report (such as an ADT report) and a bank statement or check showing payment to the direct deposit company.
FICA/Medicare
X X
X
If the City pays gross salary, this is already included. If the City pays the employer portion, the Agency must provide proof that the
employee is enrolled in the benefit plan, must show a calculation and documentation of how the invoiced amount was calculated, and
must provide documentation showing payment. Invoice and proof of payment are only required with the first reimbursement request and
at any time there are changes to amounts, enrollments, disenrollments, etc.
Life Insurance
X X
X
Health
Insurance
x x
x
Disability
Insurance
x x
x
Unemployment
Insurance
x x
x
Retirement
x x
x
If the City pays gross salary, this is already included. If the City pays the employer portion, the Agency must provide proof that the
employee is enrolled in the benefit plan, must show a calculation and documentation of how the invoiced amount was calculated, and
must provide documentation showing payment. Invoice and proof of payment are only required with the first reimbursement request and
at any time there are changes to amounts, enrollments, disenrollments, etc.
Materials, Equipment, Goods and Supplies - City will only reimburse for the cost allocated percent or amount spent in support of the CDBG-funded Program. Agencies
requesting reimbursement for these items will require prior City approval. Agencies must show calculation on how the CDBG portion of these expenses were calculated
consistently with the CDBG Contract.
Office Supplies
X X
X
Office
Equipment
Rental
X X
X
X
X
Postage
X X
X
Printing
X X
X
Construction &
Building
Materials
X X
X
X
This category is only available for the REACH Program and Habitat for Humanity.
Sport and
Recreation
Equipment
X X
X
Cleaning
Supplies
X X
X
Teaching Aids
X X
X
Craft Supplies
X X
X
Food Supplies
X X
X
This category is only available to the Program provided by Meals on Wheels.
Rent, Utilities and Maintenance - City will on y pay for a portion of these expenses. The portion of these expenses will be determined by the square footage attributable to
the CDBG-funded Program and shall be cost allocated in accordance with the amount of space used for the CDBG-funded Program. These expenses may only be in support
of the CDBG-funded Program. The items listed below require prior City approval and the Agency is required to identify any funding source that pays for the portion of the
expenses that is not paid with CDBG funds. Agencies must show calculation on how the CDBG portion of these expenses were calculated consistently with the CDBG
Contract. —
Telephone
X X
Gas
X X
Water/Wastew
ater
X X
Electric
X X
Solid Waste
X X
CDBG 51 %O PSA CONTRACT Exhibit "F" — STANDARDS FOR COMPLETE DOCUMENTATION
Facility
Maintenance
and Repairs
X X
X
X
This item requires approval by the City prior to the execution of the CDBG Contract. Repairs may be categorized as major/minor
rehabilitation projects and must be approved through the full HUD Environmetal Review.
Rent
X
X
X
City will pay for a portion of the rent for the Program facility so long as its in proportion to the square footage attributable to the CDBG-
funded program.
-
Miscellaneous
Contract Labor
X X
X
X
X
This item requires prior approval by the City. Prior to the execution of the CDBG Contract, the Agency must submit a written statement
that lists the contract labor services to be used during the Contract term. Agency will submit a memo related to the procurement of such
services and will forward any information pertaining to the procurement process to City. This requirement applies to, but is not limited to,
services retained for security services, legal, accounting, transportation providers, educational facilitators, custodial services, etc.
Agencies may not use the contract services of any City of Fort Worth Department.
City -required
Insurance
X X
City will only pay for a percentage of the City -required insurance so long as it's in proportion to the square footage attributable to the
CDBG-funded program.
Childcare
Scholarships
X X
City requires that the agency submit its fee schedule or formula on how the Agency calculates the childcare scholarship amount. The
fee schedule/formula should demonstrate a breakout of income levels, and for each income level the schedule should demonstrate
which portion of the expense is to be paid by the family and which portion of the expense is to be reimbursed by the City. A fee
schedule/formula must be submitted to the City prior to the first payment. Agency must submit documentation supporting that the client
is income eligible and that the household is being charged in conformance with the fee schedule. If the fee schedule/formula changes at
any time during the contract term, the Agency must immediately notify City on the date the new fee schedule/formula takes into effect.
"$0" Income
Certifications
Agecies that are required to verify and provide proof of household income to determine eligibility, must require that anyone who is over
the age of 18, living in the housohold, submit a $0 Income Certification.
Audit Services
X X
X
X
If an audit is required because federal funds exceed $750,000, then the cost should be split evenly by all grant funding sources. Agency
must show calculation on how the CDBG portion of the accounting services were calculated. For example, if the CDBG grant is 10% of
your Agency's budget, then invoice shall not exceed 10% of the overall cost. Agency must show a calculation and documentation of
how the invoiced amount was calculated, and must provide documentation showing payment.
*Proof of payment effective October 1, 2020: Payments or Expenses must be documented in the following manner:
A) Image of the check AND bank statement showing the check cleared the bank; OR,
B) Image of the cancelled check (ex. At end of bank statement); OR,
C) Payroll Check Stub, "Advice", or Statement AND Bank Statement indicating payroll; OR,
D) For wire or e-transfers: Reciept or statement from payee/vendor OR bank statement.
Revised as of 09-14-2020 SK
CDBG 51 % PSA CONTRACT Exhibit "F" -- STANDARDS FOR COMPLETE DOCUMENTATION
EXHIBIT "G"
SECTION 3 REPORTING FORMS
NOT APPLICABLE
CDBG 51% PSA CONTRACT -- EXHIBIT "G" -- SECTION 3 REPORTING FORMS Page 1
EXHIBIT "H"
SEVERELY DISABLED CERTIFICATION FORM
CDBG 51% PSA CONTRACT - EXHIBIT "H" - SEVERELY DISABLED CERTIFICATION FORM
CERTIFICATION FORM
DOCUMENTING CLIENT STATUS AS "SEVERELY DISABLED ADULT"
Client Name:
Address:
City, State, Zip
Client Identification No.
El
El
El
CHECK ALL THAT APPLY
Has used a wheelchair, a walker, cane , crutches or other special aid for six
months or longer
Has been diagnosed with one of the following conditions: Alzheimer's disease,
mental retardation or other developmental disability, senility or dementia,
cerebral palsy, or autism; or has another mental or emotional condition that
seriously interferes with everyday tasks.
Is unable to perform one or more of the following "Functional Activities":
seeing, hearing, speaking and having one's speech understood, lifting or
carrying, using stairs, grasping small objects, or walking.
Is unable to perform or needs assistance to perform one or more of the following
Activities of Daily Living (ADL): getting around inside the home, getting in or
out of bed or a chair, bathing, dressing, eating, and toileting.
Is unable to perform or needs assistance to perform one or more of the following
Instrumental Activities of Daily Living (IADL): going outside the home,
keeping track of money and bills, preparing meals, doing light housework,
taking prescription medications in the right amount and at the right time, and
using the telephone.
Has a condition that prevents them from working at a job or doing housework.
The undersigned Agency representative conducted a visual assessment of the client identified on this
form and certifies that the client meets at least one of the conditions indicated above, which
determines that he/ she meets the definition of "severely disabled" according to the U.S. Census
Bureau.
Certified by:
Signature/Title:
Date:
CFW Neighborhood Services Dept.: Revised 08/29/2019
CDBG 51% PSA CONTRACT - EXHIBIT "H" - SEVERELY DISABLED CERTIFICATION FORM
EXHIBIT "I"
MBE REPORTING FORM
CDBG 51% PSA CONTRACT 2-- EXHIBIT "I" -- MBE REPORTING FORM Page 1
OMB Approval No.: 2577-0088
U.S. Department of Housing and Urban Development
Contract and Subcontract Activity
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Subcontractor Contractor/Subcontractor Name and Address
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3a. Name of Contact Person
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Case Number or other Amount of Type of Trade Business
identification of property, Contract or Code Racial/Ethnic
subdivision, dwelling unit, etc. Subcontact (See below) (See below)
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EXHIBIT "J"
DUTIES OF THE PARTIES
USE OF NEIGHBORHOOD SERVICES DEPARTMENT
COMMUNITY CENTERS
CDBG 51% PSA CONTRACT - EXHIBIT "J" - DUTIES OF THE PARTIES - USE OF NEIGHBORHOOD SERVICES
DEPARTMENT COMMUNITY CENTERS
DUTIES OF THE PARTIES
USE OF NEIGHBORHOOD SERVICES DEPARTMENT
COMMUNITY CENTERS
Agency's Responsibilities:
Agency will perform the following in relation with the use of Community Center:
• Agency will furnish the Center Coordinator with a schedule of Program activities at least four weeks
prior to their occurrence.
• Agency will, at its sole expense, furnish materials, supplies, copies and conduct a structured Program.
• Agency will ensure that the designated Community Center space is maintained in a neat and orderly
fashion.
• Agency will ensure that the City's standards are maintained regarding security; cleanliness and
communication between and among programs housed at the Community Center and will ensure
cooperation with other Community Center staff and agencies/programs.
• Agency will report to the Center Coordinator or designee for problems immediately if/when problems
occur.
• Agency will work with the Center Coordinator or designee to schedule any use of the Community
Center for related activities outside of agencies designated meeting time and/or the Community
Center's regular days and hours.
• Agency will maintain sole responsibility and liability for its employees, volunteers and separate
contractors for their actions.
• Agency shall ensure that each of its employees, volunteers and participants desiring to participate in
Community Center -sponsored programs/activities are aware of the requirement to have a current
community center membership card to participate.
• Agency agrees to perform background screenings and checks on staff and volunteers, with such
screenings and checks meeting or exceeding the requirements that the City imposes for checks and
screenings on staff, volunteers and participants in the City's own programs.
• Agency will provide the Center Coordinator with designated staff contact information for the
purposes of emergencies (center closing, schedule changes or scheduled maintenance)
CDBG 51% PSA CONTRACT - EXHIBIT "J" - DUTIES OF THE PARTIES - USE OF NEIGHBORHOOD SERVICES
DEPARTMENT COMMUNITY CENTERS
City's Responsibilities:
City will perform the following in relation with Agency's use of a Community Center:
• City will provide space for conducting the Program, including basic utilities and will also supply the
Agency with appropriate facility access. For purposes of this Contract, basic utilities shall not include
telephone or computer service, which shall remain the sole responsibility of the Agency.
• City will ensure that the reserved space is set up with appropriate tables and chairs to accommodate
program and/or services.
• City will not be responsible for any additional security other than what is currently available at the
Community Center.
• City assumes no liability or responsibility for the loss of any personal property or office contents of
the Agency, its agents, employees, volunteers, participants or licensees while at the Community
Center.
• City will allow the Agency to conduct properly scheduled classes and other Program related activities
during the days and hours specified in Exhibit "A" PROGRAM SUMMARY*. In addition, City
may, but is not required, through the Center Coordinator, allow Agency to schedule other classes and
Program related activities outside of the days and hours specified in Exhibit "A" PROGRAM
SUMMARY.
• City will maintain sole responsibility and liability for its employees, volunteers and separate
contractors for their actions.
• City will have the discretion to put the Agency in any available room. If placed in a different location,
it is to be only one room.
*The City is closed in observance of the following holidays:
New Year's Day (January 1st)
M.L.K. Jr. Day (Third Monday of January)
Memorial Day (Last Monday in May)
Independence Day (July 4th)
Labor Day (First Monday in September)
Thanksgiving Day (Fourth Thursday of November)
Day after Thanksgiving (Fourth Friday in November)
Christmas Day (December 25th)
**City of Fort Worth observes the above holidays on Friday if they fall on Saturday and on a Monday if they fall on
Sunday.
Additionally, the Community Centers are utilized as shelters during an emergency. If the Community
Center will be closed due to an emergency, Center Coordinator or designee will inform Agency of the
closure.
CDBG 51% PSA CONTRACT - EXHIBIT "J" - DUTIES OF THE PARTIES - USE OF NEIGHBORHOOD SERVICES
DEPARTMENT COMMUNITY CENTERS
EXHIBIT "K"
NOTICE OF BENEFICIARY RIGHTS
CDBG 51% PSA CONTRACT- EXHIBIT "K" - NOTICE OF BENEFICIARY RIGHTS
Notice of Beneficiary Rights
Name of Agency: Junior Achievement of the Chisholm Trail, Inc.
Name of Program: City of Fort Worth Cradle to Career Initiative
Contact information for Program Staff: Kimberly Robinson, Development Director
(817) 731-0838
Krobinson@jafortworth.org
Because this program is supported in whole or in part by direct Federal financial assistance from
the Federal Government, we are required to let you know that:
• We may not discriminate against you on the basis of religion, religious belief, a refusal
to hold a religious belief, or a refusal to attend or participate in a religious practice;
• We may not require you to attend or participate in any explicitly religious activities that
are offered by us and any participation by you in these activities must be purely
voluntary;
• We must separate, in time or location, any privately funded explicitly religious activities
from activities supported by direct Federal financial assistance;
• If you object to the religious character of our organization, we must make reasonable
efforts to identify and refer you to an alternative provider to which you have no such
objection; and
• You may report an organization's violations of these protections, including any denial of
services or benefits, by contacting or filing a written complaint to HUD [or the
intermediary, if applicable].
We must give you this written notice before you enroll in our program or activity, as required by
24 CFR 5.109.
CDBG 51% PSA CONTRACT- EXHIBIT "K" - NOTICE OF BENEFICIARY RIGHTS
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 08/08/23 M&C FILE NUMBER: M&C 23-0631
LOG NAME: 19NS 2023-2027 CONSOLIDATED PLAN AND 2023-2024 ACTION PLAN
SUBJECT
(ALL) Conduct Public Hearing and Approve the City of Fort Worth's 2023-2027 Consolidated Plan
Priorities and Goals and 2023-2024 Annual Action Plan for the Use of Federal Grant Funds in the
Amount of $13,452,621.00 to be Awarded by the United States Department of Housing and Urban
Development from the Community Development Block Grant, HOME Investment Partnerships
Program, Emergency Solutions Grant, and Housing Opportunities for Persons with AIDS Program,
Authorize Collection and Use of Program Income, Authorize Execution of Related Contracts, Adopt
Appropriation Ordinance, and Authorize Waiver of Indirect Costs
(PUBLIC HEARING - a. Report of City Staff Sharon Burkley; b. Public Comment; c. Council Action:
Close Public Hearing and Act on M&C)
RECOMMENDATION:
It is recommended that City Council:
1. Conduct a public hearing to allow citizen input and consideration of the City's 2023-2027
Consolidated Plan Priorities and Goals and 2023-2024 Annual Action Plan for use of federal
grant funds to be awarded by the United States Department of Housing and Urban
Development in the amount of $13,552,621.00 from the Community Development Block Grant,
HOME Investment Partnerships Program, Emergency Solutions Grant, and Housing
Opportunities for Persons with AIDS grant programs, and for the use of program income from
activities using prior years' federal grant funds;
2. Approve the City's 2023-2027 Consolidated Plan and 2023-2024 Annual Action Plan for
submission to the United States Department of Housing and Urban Development, including
allocations of grant funds to particular programs and activities as detailed below;
3. Authorize an increase in the City's Priority Repair Program contract authority by $500,000.00
annually for a total annual amount of $2,500,000.00 for the next five years (Fiscal Years 2023-
2027) contract authority of $46,858,546.53 to reflect the increased annual funding allocation
from $2,000,000.00 to $2,500,000.00.
4. Authorize the collection and use of an estimated $50,000.00 of program income which is
expected to result from activities using prior years' Community Development Block Grant funds
for the City's Priority Repair Program;
5. Authorize the collection and use of an estimated $50,000.00 of program income which is
expected to result from activities using prior years' HOME Investment Partnerships Program
grant funds for the City's Homebuyer Assistance Program, and authorize the use of 10 percent
of the program income for administrative costs;
6. Authorize the City Manager or his designee to execute contracts for one-year terms with the
agencies listed in Tables 1,2, and 3 below for Program Year 2023-2024 for Community
Development Block Grant, Emergency Solutions Grant, and Housing Opportunities for Persons
with AIDS grant funds, contingent upon receipt of funding, and satisfactory completion of all
federal regulatory requirements;
7. Authorize the City Manager or his designees to extend the contracts for up to one year if an
agency or department requests an extension and such extension is necessary for completion
of the program, or to amend the contracts if necessary to achieve program goals provided any
amendment is within the scope of the program and in compliance with City policies and all
applicable laws and regulations governing the use of federal grant funds;
8. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations
in the Grants Operating Federal Fund in the total amount of $13,452,621.00 consisting of
$6,994,785.00 in Community Development Block Grant funds, $3,271,119.00 in HOME
Investment Partnerships Program funds, $610,543.00 in Emergency Solutions Grant funds,
and $2,576,174.00 in Housing Opportunities for Persons with AIDS grant funds, plus
estimated program income in the amount of $100,000.00, all subject to receipt of such funds;
and
9. Authorize a waiver of the Neighborhood Services Department indirect cost rate of 28.10%,
estimated total of $393,106.92.
DISCUSSION:
The City of Fort Worth's (City's) 2023-2027 Consolidated Plan assesses community and affordable
housing needs and sets strategic priorities and goals for use of federal grants funds from the United
States Department of Housing and Urban Development (HUD) for a five-year period. These
priorities and goals are to be addressed with Annual Action Plans that summarize the major housing
and community development activities and proposed expenditures for each of the five years.
These priorities and goals were developed to be consistent with strategies and initiatives previously
adopted by the City Council, as well as through an assessment of community needs. This included
Citywide public meetings conducted by JQuad Planning Group, the consultant contracted to prepare
the Consolidated Plan in collaboration with the Neighborhood Services Department staff. The
recommended Consolidated Plan priorities and goals for use of HUD grant funds over the next five
years are summarized below.
PRIORITY NEED
GOAL
Promote Affordable
Housing for Renters and I
Owners
Increase neighborhood stability through homeownership assistance; Fair
Housing efforts, and supportive services for renters and owners
Housing Preservation
and Rehabilitation
'Preserve and expand the supply of quality affordable housing throughout
the City
Neighborhood
Improvement and
Revitalization
Enhance neighborhood development and revitalization throughout the City
Economic Empowerment
and Financial Resilience
Support programs and services providing employment training and career
readiness programs that promote self-sufficiency and household stability 1
Children and Youth
Services
Support programs and services to prepare children and youth for success
through educational, mentoring, training and related programs I
Aging In Place
Support programs and services for older adults to access resources
needed to age in their homes, while maintaining both their independence
and quality of life
Accessibility
Improvements
Improve accessibility in public facilities and housing, including architectural
barrier removal
Homelessness
Prevention and Special
Provide housing and support services for persons experiencing and at -risk
of experiencing homelessness; support efforts to achieve permanent
Needs Support !housing
Healthy Living and
Wellness
Support programs and services to improve the mental and physical health
of low -to moderate -income Fort Worth families
The City's 2023-2024 Annual Action Plan summarizes the major housing and community
development activities and proposed expenditures for the program year beginning October 1, 2023
and ending September 30, 2024 for use of federal grant funds totaling $13,452,621.00 from the
United States Department of Housing and Urban Development (HUD) from the Community
Development Block Grant (CDBG), HOME Investment Partnerships Program (HOME), Emergency
Solutions Grant (ESG), and Housing Opportunities for Persons with AIDS (HOPWA) grant programs.
It also summarizes the use of program income resulting from activities using prior years' CDBG and
HOME funds, the primary purpose of which is to benefit low -and moderate -income persons in Fort
Worth. ESG funds primarily benefit persons experiencing homelessness, and HOPWA funds
primarily benefit low -and moderate -income persons with HIV/AIDS.
A Request for Proposals from social service agencies and nonprofit organizations seeking grant
funding was published on February 1, 2023. All proposals were received on March 15, 2023. Staff
reviewed all proposals and developed recommendations for the allocation of estimated funding from
HUD based on the capacity of applicant organizations, grant experience, fiscal stability, and
compliance with applicable federal regulations. One public hearing was held on April 12, 2023 to
provide citizens the opportunity to participate in the development of the Annual Action Plan.
Recommendations for award amounts were considered and adopted by the Community
Development Council on May 10, 2023. These funding recommendations were presented in City
Council Work Session on August 1, 2023.
A 30-day public comment period was held from June 30, 2023 to July 31, 2023. Notice of this public
comment period was published in the Fort Worth Star -Telegram on June 29, 2023; in the Cleburne
Times Review on July 6; in the Weatherford Democrat on July 8; and in La Vida News on July 13.
Any comments received are maintained by the Neighborhood Services Department in accordance
with federal regulations. The City held two public hearings as a part of the HUD required citizen
participation process. The first public hearing was held by staff on July 12, 2023, and the second
public hearing is scheduled for the City Council on August 8, 2023.
A summary of staff's final funding recommendations is provided below in Tables 1,2, and 3. A
Powerpoint presentation listing funding recommendations is also attached. The 2023-2024 Annual
Action Plan will be submitted to HUD by August 15, 2023.
Indirect costs totaling approximately $393,106.92 could be charged to these grants, as the
Neighborhood Services Department indirect cost rate is 28.10% in the City's most recent Cost
Allocation Plan. A waiver of these costs is requested to allow allocation of these funds to further
support the programs and services to assist low -to -moderate income citizens.
Mayor & Council Communication (M&C) 22-0569 dated August 9, 2022 increased the annual
funding amount of the City's Priority Repair Program (PRP) from $1,100,000.00 to $2,000,000.00.
Approval of this M&C authorizes an additional increase of annual funding from $2,000,000.00 to
$2,500,000.00. This will require an increase in the expenditure authority for the PRP and the
contracting authority for PRP agreements, resulting in an annual increase of $500,000.00. A total
five year (Fiscal Years 2023-2027) contract authority of $46,858,546.53 for PRP is necessary to
facilitate the increase in funding from CDBG.
COMMUNITY DEVELOPMENT BLOCK GRANT
For Program Year 2023-2024, it is recommended that the amount of $6,994,785.00 in CDBG funds
and an estimated amount of $50,000.00 in CDBG program income totaling $7,044,785.00 be
allocated as follows:
• Public Service Agencies - $1,049,218.00: Includes social services for low- and moderate -
income persons, persons with disabilities, and disadvantaged persons
• Housing Programs - $3,910,000.00: Includes funding for the City's Priority Repair Program,
Cowtown Brush -Up, homebuyer and housing services, accessibility modifications for seniors
and persons with disabilities, and related project delivery costs for these programs
• Major Projects - $636,610.00: Includes for multifamily rental rehabilitation
• Administration - $1,398,957.00: Includes costs for administering the CDBG grant, including
allocations for the Financial Management Services Department
• Estimated Program Income - $50,000.00: Includes up to $50,000.00 in funding for the City's
Priority Repair Program. Any CDBG program income over the estimated amount not used for
the Priority Repair Program will be allocated to priority activities in the City's Consolidated
Plan, subject to the City Council approval.
HOME INVESTMENT PARTNERSHIPS PROGRAM
For Program Year 2023-2024, it is recommended that the amount of $3,271,119.00 in HOME funds
and an estimated amount of $50,000.00 in HOME program income totaling $3,321,119.00 be
allocated as follows:
• Homebuyer Assistance Program - $408,339.25: Includes funding for down payment and
closing cost assistance for low- and moderate -income homebuyers
• Community Housing Development Organization - $490,667.85: HUD requires that a minimum
of 15 percent of HOME funds be allocated to Community Housing Development Organizations
(CHDOs) for affordable housing projects. These funds will be used by Housing Channel for
multifamily housing development in southeast Fort Worth. All housing developed with these
funds will be sold to homebuyers making at or below 80 percent of area median income (AMI),
set by HUD.
• Community Housing Development Organization Operating - $45,000.00:
• Major Projects - $2,000,000.00: Includes funds ($1,000,000.00) allocated to the affordable
housing project to be developed by Fort Worth Housing Solutions (FWHS) as a part of its
Choice Neighborhood Initiative (CNI) grant and funds ($1,000,000.00) allocated to the
multifamily housing project, Columbia Renaissance - Phase III
• Administration - $327,111.90: Includes costs for administering the HOME grant
• Estimated Program Income - $50,000.00: Includes funding for the Homebuyer Assistance
Program and HOME grant administrative costs. HUD allows the City to use 10 percent of any
HOME program income towards the cost of administering the HOME grant. HOME program
income over the estimated amount not used for the Homebuyer Assistance Program will be
allocated to priority activities in the City's Consolidated Plan, subject to City Council approval.
HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS
For Program Year 2023-2024, it is recommended that the amount of $2,576,174.00 in HOPWA
funds be allocated as follows:
• Public Service Agencies - $1,729,850.00
• Neighborhood Services Department - $769,039.00
• Administration - $77,285.00
EMERGENCY SOLUTIONS GRANT
For Program Year 2023-2024, it is recommended that the amount of $610,543.00 in ESG funds to
be allocated as follows:
• Public Service Agencies - $564,752.00
• Administration - $45,791.00
CONTRACT RECOMMENDATIONS
The Community Development Council and Neighborhood Services Department staff recommend
that contracts be executed with the public service and CDBG subrecipient agencies for the amounts
shown in the following tables:
Community Development Block Grant Contracts
TABLE 1: CDBG AGENCIES
AGENCY
CONSOLIDATED
PLAN GOAL
PROGRAM
AMOUNT
AB Christian Learning Center
Children and Youth
Services
Out of School Time
Program
$78218.00
Boys & Girls Clubs of Greater
Tarrant County, Inc.
Children and Youth
Services
Youth Development
at Eastside Branch
$70,000.00
Camp Fire First Texas
Children and Youth
Services
Teens In Action
$50,000.001
Cancer Care Services
Healthy Living and
Wellness
Cancer Care
Services
$50,000.00
Easter Seals North Texas, Inc.
Economic
Empowerment and
Financial Resilience
Employment
Services
$60,000.00
Girls Incorporated of Tarrant
County
Children and Youth
Services
Leadership
Program
$100,000.00
Guardianship Services, Inc.
Aging In Place
Money Smart+
$100,000.00
Housing Channel
Promote Affordable
Housing for Renters
and Owners
Housing Counseling
& Education
$111,000.00
Junior Achievement of the
Chisholm Trail, Inc.
Children and Youth
Services
Cradle to Career
Initiative
$25,000.00
Maroon 9 Community
Enrichment Organization
Children and Youth
Services
Maroon 9 Teen
Enrichment
Program
$25,000.00
Meals -On -Wheels, Inc. of Tarrant
County
Aging In Place
Nutrition Program
$75,000.00
NPower Inc.
Economic
Empowerment and
Financial Resilience
Tech Fundamentals
Workforce Training
Program
$25,000.00
The Ladder Alliance
Economic
Empowerment and
Financial Resilience
Tarrant County
Workforce
Development
$80,000.00
The Women's Center of Tarrant
County, Inc.
Economic
Empowerment and
Financial Resilience
Employment
Solutions
$75,000.00
United Community Centers, Inc.
Children and Youth
Services
Holistic Educational
Literacy Program
$125,000.00
CDBG Public Services Agencies Total
$1,049,218.00
Rehabilitation, Education and
Advocacy for Citizens with
Handicaps dba REACH, Inc.
Accessibility
Improvements
Project Ramp
$165,000.00
Fort Worth Area Habitat for
Humanity, Inc. DBA Trinity Habitat
for Humanity J
Housing Preservation
and Rehabilitation
Cowtown Brush Up
$455,000.00
CDBG Subrecipient Agencies Total
$620,000.00
TOTAL CDBG CONTRACTS
$1,669,218.00
Housing Opportunities for Persons with AIDS Contracts
TABLE 2: HOPWA AGENCIES
AGENCY
PROGRAM
AMOUNT
AIDS Outreach
Center, Inc.
Administration, Support Services, Short -Term Rent,
Mortgage, and Utility Assistance (STRMU), Tenant -Based
Rental Assistance
$429,850.00
Tarrant County
Samaritan
Housing, Inc.
Administration, Facility -Based Operations, Supportive
Services, Tenant -Based Rental Assistance (TBRA)
$1,300,000.00
TOTAL HOPWA CONTRACTS
$1,729,850.00
Emergency Solutions Grants
TABLE 3: ESG AGENCIES
AGENCY
PROGRAM
AMOUNT
The Presbyterian Night Shelter of Tarrant
County, Inc.
Shelter Operations/Services
$116,635.00
Lighthouse for the Homeless dba True Worth
Place
Day Shelter
Operations/Services
$158,400.00
The Salvation Army
Homelessness Prevention
$150,000.00
Center for Transforming Lives
Rapid Re -Housing
$75,901.00
SafeHaven of Tarrant County
Shelter Operations/Services 1
$63,816.00
TOTAL ESG CONTRACTS
$564,752.00
All figures have been rounded to the nearest dollar for presentation purposes. These programs are
available in ALL COUNCIL DISTRICTS.
Each of these grants is an entitlement grant rather than a competitive grant received from the United
States Department of Housing and Urban Development (HUD). Entitlement grants provide funds to
agencies based on a formula, prescribed in legislation or regulation, rather than based on review.
These specific grants are allocated to the City of Fort Worth based on population size and per capita
income each year. The grants have been consistently awarded to the City since 1974 with the
inception of the Community Development Block Grant (CDBG) through the Housing and Community
Development Act of 1974. The Emergency Shelter (renamed Solutions) Grant (ESG) was authorized
in 1987 through the McKinney-Vento Homelessness Assistance Act. The HOME Investment
Partnerships Program (HOME) and the Housing Opportunities for Persons with AIDS (HOPWA)
Program were authorized in 1990 through the Cranston -Gonzales National Affordable Housing Act of
1990. With these grants, administrative and program delivery allocations support approximately 72
FTE positions in the Neighborhood Services Department, which is funded nearly 70% with various
grants including these entitlement grants.
Positions funded with HUD Entitlement grants are subject to grant availability. In the event of a grant
award being decreased or eliminated, Neighborhood Services Department would review programs
and services funded by the grants and determine a level of service and staffing that aligns with the
available funding. Alternatives to consider may include staff and program reductions or eliminations.
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations and adoption of
the attached appropriation ordinance, funds will be available in the current operating budget, as
appropriated, of the Grants Operating Federal Fund. The Neighborhood Services Department (and
Financial Management Services) will be responsible for the collection and deposit of funds due to
the City. Prior to an expenditure being incurred, the Neighborhood Services Department has the
responsibility to validate the availability of funds. This is a reimbursement grant.
Submitted for City Manager's Office by: Fernando Costa 6122
Originating Business Unit Head:
Additional Information Contact:
Victor Turner 8187
Sharon Burkley 5785
Rhonda Hinz 2573
DocuSign Envelope ID: 84A04A89-40E6-418D-AC1D-CA3906CA6FAO
Funding Approval/Agreement
Title I of the Housing and Community
Development Act (Public Law 930383)
HI-00515R of 20515R
1. Name of Grantee (as shown in item 5 of Standard Form 424)
City of Fort Worth
2. Grantee's Complete Address (as shown in item 5 of Standard Form 424)
1000 Throckmorton
Fort Worth, TX 76102
U.S. Department of Housing and Urban Development
Office of Community Planning and Development
Community Development Block Grant Program
3a. Grantee's 9-digit Tax ID Number
756000528
4. Date use of funds may begin
10/01/2023
CSC No. 60052
OMB Approval No. 2506-0193
exp 1/31/2025
3b. Grantee's 9-digit DUNS Number
ENS6MKSIZLI8 (UEI)
5a. Project/Grant No. 1
B-23-MC-48-0010
5b. ProjectlGrant No. 2
6a. Amount Approved
$6,994,785.00 (by this action)
6b. Amount Approved
Grant Agreement: This Grant Agreement between the Department of Housing and Urban Development (HUD) and the above named Grantee is made pursuant to the
authority of Title I of the Housing and Community Development Act of 1974, as amended, (42 USC 5301 et seq.). The Grantee's submissions for Title I assistance, the
HUD regulations at 24 CFR Part 570 (as now in effect and as may be amended from time to time), and this Funding Approval, including any special conditions, constitute
part of the Agreement. Subject to the provisions of this Grant Agreement, HUD will make the funding assistance specified here available to the Grantee upon execution
of the Agreement by the parties. The funding assistance specified in the Funding Approval may be used to pay costs incurred after the date specified in item 4 above
provided the activities to which such costs are related are carried out in compliance with all applicable requirements. Pre -agreement costs may not be paid with funding
assistance specified here unless they are authorized in HUD regulations or approved by waiver and listed in the special conditions to the Funding Approval. The Grantee
agrees to assume all of the responsibilities for environmental review, decision making, and actions, as specified and required in regulations issued by the Secretary
pursuant to Section 104(g) of Title I and published in 24 CFR Part 58. The Grantee further acknowledges its responsibility for adherence to the Agreement by sub -
recipient entities to which it makes funding assistance hereunder available.
U.S. Department of Housing and Urban Development (By Name)
Shirley J. Henley
Grantee Name (Contractual Organization)
City of Fort Worth
Title
CPD Director
Title
Assistant City Manager
Signature
X
r-000usynceny:
S 64 .). h dui
Date (mm/dd/yyyy)
8/30/2023
Signature
X
5- it
`'
Date (mm/dd/yyyy)
--6Y03946 DED40C_.
7. Category of Title I Assistance for this Funding Action:
Entitlement, Sec 106(b)
8. Special Conditions
(check one)
• None
9a. Date HUD Received Submission
08/15/2023
10.
check
one
Orig. Funding
Approval
Amendment
Amendment Number
0 a.
9b. Date Grantee Notified
(mm/dd/yyyy)
►'l Attached
■ b.
9c. Date of Start of Program Year
10/01/2023
11. Amount of Community Development
Block Grant
FY 2023
a. Funds Reserved for this Grantee
b. Funds now being Approved
$6,994,785.00
c. Reservation to be Cancelled
(11a minus lib)
12a. Amount of Loan Guarantee Commitment now being Approved
N/A
12b. Name and complete Address of Public Agency
Loan Guarantee Acceptance Provisions for Designated Agencies:
The public agency hereby accepts the Grant Agreement executed by the
Department of Housing and Urban Development on the above date with
respect to the above grant number(s) as Grantee designated to receive loan
guarantee assistance, and agrees to comply with the terms and conditions
of the Agreement, applicable regulations, and other requirements of HUD
now or hereafter in effect, pertaining to the assistance provided it.
12c. Name of Authorized Official for Designated Public Agency
Title
Signature
X
HUD Accounting use Only
Batch TAC Program Y A Reg Area Document No. Project Number Category
5
3
7
6
CO
0
Project Number
Project Number
Amount
Amount
Amount
Effective Date
(mm/dd/yyyy) F
Date Entered PAS (mm/dd/yyyy)
Date Entered LOCCS (mm/dd/yyyy)
Batch Number
Transaction Code
Entered By
Verified By
Approved as to form and legality:
a(rt'r Nr.�C
Leslie L. Hunt, Senior Assistant City Attorney
Attest: `\, , _.[ A Reviewed/Appi oved:
Jannette S. Goodall, CitySecretary24 CFR 570 form HUD-7082 (5/15)
Y Ronald Gonzales
DocuSign Envelope ID: 84A04A89-40E6-418D-AC1 D-CA3906CA6FAO
8. Special Conditions.
(a) The period of performance and single budget period for the funding assistance
specified in the Funding Approval ("Funding Assistance") shall each begin on the
date specified in item 4 and shall each end on September 1, 2030. The Grantee
shall not incur any obligations to be paid with such assistance after September 1,
2030.
(b) The Recipient shall attach a schedule of its indirect cost rate(s) in the format set
forth below to the executed Agreement that is returned to HUD. The Recipient
shall provide HUD with a revised schedule when any change is made to the rate(s)
described in the schedule. The schedule and any revisions HUD receives from the
Recipient shall be incorporated herein and made a part of this Agreement, provided
that the rate(s) described comply with 2 CFR part 200, subpart E.
Administering Direct
Department/Agency Indirect cost rate Cost Base
%
%
%
%
%
Instructions: The Recipient must identify each agency or department of the
Recipient that will carry out activities under the grant, the indirect cost rate
applicable to each department/agency (including if the de minimis rate is used per
2 CFR §200.414(f)), and the type of direct cost base to which the rate will be
applied (for example, Modified Total Direct Costs (MTDC)). Do not include
indirect cost rates for subrecipients.
(c) In addition to the conditions contained on form HUD 7082, the grantee shall
comply with requirements established by the Office of Management and Budget
(OMB) concerning the Dun and Bradstreet Data Universal Numbering System
(DUNS); the System for Award Management (SAM.gov.); the Federal Funding
Accountability and Transparency Act as provided in 2 CFR part 25, Universal
Identifier and General Contractor Registration; and 2 CFR part 170, Reporting
Subaward and Executive Compensation Information.
(d) The grantee shall ensure that no CDBG funds are used to support any Federal,
State, or local projects that seek to use the power of eminent domain, unless
eminent domain is employed only for a public use. For the purposes of this
requirement, public use shall not be construed to include economic development
that primarily benefits private entities. Any use of funds for mass transit,
railroad, airport, seaport or highway projects as well as utility projects which
benefit or serve the general public (including energy -related, communication -
related, water- related and wastewater -related infrastructure), other structures
DocuSign Envelope ID: 84A04A89-40E6-418D-AC1 D-CA3906CA6FAO
designated for use by the general public or which have other common -carrier or
public -utility functions that serve the general public and are subject to regulation
and oversight by the government, and projects for the removal of an immediate
threat to public health and safety or brownfield as defined in the Small Business
Liability Relief and Brownfields Revitalization Act (Public Law 107-118) shall
be considered a public use for purposes of eminent domain.
(e) The Grantee or unit of general local government that directly or indirectly
receives CDBG funds may not sell, trade, or otherwise transfer all or any such
portion of such funds to another such entity in exchange for any other funds,
credits or non -Federal considerations, but must use such funds for activities
eligible under title I of the Act.
(f) E.O. 12372-Special Contract Condition - Notwithstanding any other provision of
this agreement, no funds provided under this agreement may be obligated or
expended for the planning or construction of water or sewer facilities until receipt
of written notification from HUD of the release of funds on completion of the
review procedures required under Executive Order (E.O.) 12372,
Intergovernmental Review of Federal Programs, and HUD's implementing
regulations at 24 CFR Part 52. The recipient shall also complete the review
procedures required under E.O. 12372 and 24 CFR Part 52 and receive written
notification from HUD of the release of funds before obligating or expending any
funds provided under this agreement for any new or revised activity for the
planning or construction of water or sewer facilities not previously reviewed
under E.O. 12372 and implementing regulations.
(g)
CDBG funds may not be provided to a for -profit entity pursuant to section
105(a)(17) of the Act unless such activity or project has been evaluated and
selected in accordance with Appendix A to 24 CFR 570 - "Guidelines and
Objectives for Evaluating Project Costs and Financial Requirements." (Source -
P.L. 113-235, Consolidated and Further Continuing Appropriations Act, 2015,
Division K, Title II, Community Development Fund).
(h) The Grantee must comply with the requirements of the Build America, Buy
America (BABA) Act, 41 USC 8301 note, and all applicable rules and notices, as
may be amended, if applicable to the Grantee's infrastructure project. Pursuant to
HUD's Notice, "Public Interest Phased Implementation Waiver for FY 2022 and
2023 of Build America, Buy America Provisions as Applied to Recipients of
HUD Federal Financial Assistance" (88 FR 17001), any funds obligated by HUD
on or after the applicable listed effective dates, are subject to BABA
requirements, unless excepted by a waiver.
Contract Compliance Manager:
By signing I acknowledge that I am the person responsible for the monitoring and administration
of this contract, including ensuring all performance and reporting requirements.
Victor T. Turner, Director
Neighborhood Services Department