HomeMy WebLinkAboutContract 62556CDBG 51% PSA CONTRACT 2024-2025 1
THE WOMEN’S CENTER OF TARRANT COUNTY
STATE OF TEXAS §
§
COUNTY OF TARRANT §
This contract (“Contract”) is made and entered into by and between the City of Fort Worth
(hereafter “City”) and The Women’s Center of Tarrant County(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-24-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 2024 income limits are
attached hereto as EXHIBIT “A-1” – 2024 HUD Income Limits.
Business Ordinance or B means the City’s Business Ordinance,
Ordinance No. 2 , as may be amended from time to time.
CDBG means Community Development Block Grant.
Complete Documentation means the following documentation as applicable:
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Attachments I, II, and III within Exhibit “D”, with supporting documentation
including:
o Proof of expense: copies of timesheets, invoices, leases, service contracts or
other documentation showing that payment is due by Agency.
o Proof of payment: cancelled checks, bank statements, or wire transfers
necessary to demonstrate that amounts due by Agency were actually paid by
Agency.
o Proof of client eligibility: client eligibility for all clients as outlined in
Section 6.
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, 2024.
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 5l%of the clients served by the Program must be Income
Eligible Clients.
Neighborhood Services Department means the City’s Neighborhood Services Department.
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Neighborly Software – Online database for Agency to submit monthly reimbursement requests.
OMB means the Office of Management and Budget.
Program means the services described in EXHIBIT “A” – Program Summary.
Reimbursement Request means all reports and other documentation described in Section 9.
Source Documentation means documentation of full household income of any type described
under the definition of annual income in 24 CFR Part 5.609, including but not limited to copies of
paychecks, Social Security and disability verification letters, interest or rental income statements,
retirement income statements, child support and alimony verification, unemployment benefit
letters, and the like.
Unduplicated Clients means a count of all clients served by the Program at least once in the
Contract Term. Clients served by the Program more than once in the Contract Term will only be
counted the first time they are served when determining the total count of Unduplicated Clients.
3. TERM.
The term of this Contract begins on the Effective Date and terminates on September 30,
2025, 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. Extensions will be memorialized in an amendment to the Agreement so long as the
amendment is 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 will provide up to $60,000 of CDBG Funds under the terms and conditions of this
Contract.
4.2 Monitor.
City will monitor the activities and performance of Agency and any of its contractors,
subcontractors or vendors as necessary, but no less than annually. Monitoring by City will include
determining whether Agency is meeting the National Objective during the term of this Contract.
5. DUTIES AND RESPONSIBILITIES OF AGENCY.
5.1 Required Services.
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Agency shall perform the services described in EXHIBIT “A” – Program Summary in
accordance with the terms and conditions of this Contract.
5.2 Use of CDBG Funds.
5.2.1. Compliance with CDBG Regulations and Contract.
Agency shall be reimbursed for eligible Program costs with CDBG Funds only if City
determines in its sole discretion that:
5.2.1.1 Costs are eligible expenditures in accordance with CDBG Regulations.
5.2.1.2 Costs are in compliance with this Contract and are reasonable and
consistent with industry norms.
5.2.1.3 Complete Documentation, as applicable, is submitted to City by
Agency.
5.2.2 Budget.
5.2.2.1 The CDBG Funds will be paid on a reimbursement basis in accordance
with EXHIBIT “B” - Budget.
5.2.2.2 During the term of this Contract, Agency may submit written requests
to increase or decrease line-item amounts in the Budget, including an
explanation of why such increases or decreases are necessary. All
requests shall be approved by Director or Director’s designee in writing,
with such approval being in the City’s sole discretion. If the Agency’s
proposed Budget amendment is approved (as approved, the “Amended
Budget”), then the Amended Budget shall be memorialized in a written
amendment to this Contract. The Amended Budget will take effect on
the first day of the month following the month in which the Contract
amendment is executed, unless otherwise specified in the amendment.
All requests for Budget amendments must be submitted by April
30, 2025.
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.
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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, 2025, City
may hold back a small amount of the CDBG Funds until the end of the term. During this
interim period, Agency must continue to submit Attachment III – Client Data Report in EXHIBIT
“D” – Reimbursement Forms monthly. It is expressly agreed by the Parties that any CDBG
Funds not spent or approved for reimbursement to Agency shall remain with City.
5.3 Program Performance Milestones, Review and Corrective Action Plans.
5.3.1 Agency represents that the Program will achieve the following milestones in
accordance with EXHIBIT “A” – Program Summary and the table below:
Month Expenditures
% of Unduplicated
Clients Served (as
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 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 (v) any combination of the above options.
5.3.2.1 Policy.
To ensure the Program meets the client goals provided by Agency and included herein,
City will periodically review Program performance to ensure the expenditure of the funds is
roughly proportional to the number of eligible, unduplicated clients being served, as described
above in 5.3.1. City expects that most programs will expend funds in a proportional amount to
clients served, but City reserves the ability to take into account unique program characteristics that
may impact the ratio between expenditures and clients served.
5.3.2.2 Review.
At the end of each quarter, City will review the information in the required reports provided
to City by Agency. City will review the amount of funds expended compared to the percentage of
eligible, unduplicated clients served. If City believes in its sole discretion that Agency is (i) in
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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 or may move forward with
deobligating funds from the Contract.
5.3.2.3 Corrective Action Plans. (“CAP”)
A CAP will be unique to the Agency and the Program and will be designed to ensure that
the Agency (i) expends the funds allocated to it by the City, and (ii) serves the required number of
unduplicated clients through the Program. A CAP may require additional outreach or marketing,
additional reporting, additional monitoring, or any other mechanism that will reasonably ensure
the Program goals are met and that expenditures are roughly proportional to the number of eligible,
unduplicated clients served.
5.3.2.4 Deobligation of Funds
If after any quarterly review the City determines that a CAP will not be sufficient to ensure
that the Agency (i) expends the funds allocated to it by the City, and (ii) serves the required number
of unduplicated clients through the Program, City shall be able to deobligate a portion of the funds
provided to Agency that is at-risk of not being expended or that is the proportional amount of funds
compared to the number of eligible, unduplicated clients that are anticipated to not be served. Any
deobligation shall be in the form of a contract amendment. By way of example, if an agency was
allocated $100,000 and was required to serve 100 unduplicated clients, if that agency was expected
to only be able to serve 75% of its client goal, then City would allow agency to keep 75% of the
allocated funding and deobligate 25% of the funds to correspond with the 25% of clients that are
anticipated to not be served.
5.3.3 Failure to comply with the Corrective Action Plan (CAP), meet the Program Goals,
or otherwise comply with serving 95 unduplicated clients may, in City’s sole discretion,
disqualify Agency for consideration under the City’s Request for Proposals for the succeeding
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
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on the first day of the month following the month in which the Contract Amendment is executed
unless otherwise specified in the amendment. Except in extreme circumstances, Amendments will
not reduce the number of Unduplicated Clients stated in Section 5.3.3 and in EXHIBIT “A” -
Program Summary. In the event that an Amendment is approved for such purpose, the amendment
will also likely result in and include a reduction of CDBG funding for the Program.
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.
6. 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” – Self-
Certification of Income Form 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
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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 meet the requirements of Section 6.1.2.1, Agencywill
have thirty (30)calendar days, or until the next monthly invoice, to cure.
6.1.2.3 City will notify Agency by e-mail within fourteen (14)calendar days if
the client eligibilityrequirements outlined in this Section were not cured
within the timeline outline in 6.1.2.2. Agency will have seven (7)
calendar days from the date of the e-mail notice to meet these
requirements. If Agency fails to meet the requirements, Agency may
forfeit any payments otherwise due that month and failure to meet the
client eligibility requirements will be considered an event of default as
outlined in Section 10.1.
6.1.2.4 In the event the Agency fails to meet the client eligibility requirements,
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.
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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 2024-2025 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.
7.3.2 Representatives of City, HUD, HUD Office of Inspector General, and the United
States Comptroller General shall have access during regular business hours, upon 48 hours prior
notice, to Agency’s offices and records pertaining to the use of the CDBG Funds, and to Agency’s
officers, directors, agents, employees, contractors, subcontractors and vendors for the purpose of
such monitoring.
7.3.3 In addition to other provisions of this Contract regarding frequency of monitoring,
City reserves the right to perform desk reviews or on-site monitoring of Agency’s compliance with
the terms and conditions of this Contract. City shall provide Agency with a written report of the
monitor’s findings after each monitoring visit. If the monitoring report notes deficiencies in
Agency’s performance, the report shall include requirements for the timely correction of said
deficiencies by Agency. Failure by Agency to take the action specified in the monitoring report
may be cause for suspension or termination of this Contract as provided herein.
7.3.4 Subsections 7.3.1 through 7.3.3 shall be applicable for the Contract Term and for 5
years thereafter and shall survive the earlier termination or expiration of this Contract.
7.3.5 Agency shall provide City annually the results of any state or federal monitoring.
Such results shall be submitted within 60 days of receipt of such state or federal monitoring report,
or with the January Reimbursement Request, whichever is earlier.
7.4 Agency Procurement Standards.
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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 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
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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 14.13.2.1 and 14.13.4, Agency shall
establish conflict of interest policies for federal awards. Agency shall disclose to City in writing
any potential conflict of interest.
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;
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7.12.3 Evaluate and monitor Agency’s compliance with statutes, regulations and the terms
and conditions of this Contract;
7.12.4 Take prompt action when instances of noncompliance are identified including
noncompliance identified in audit findings; and
7.12.5 Take reasonable measures to safeguard protected personally identifiable
information and other information that HUD or City designates as sensitive or Agency considers
sensitive consistent with applicable federal, state, local and tribal laws regarding privacy and
obligations of confidentiality.
8. RECORD KEEPING; REPORTING AND DOCUMENTATION
REQUIREMENTS; AUDIT.
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, regardless of whether or not this Contract is
earlier terminated. 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.
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, regardless of whether or not this contract is earlier terminated. Such access shall be
during regular business hours and upon at least 48 hours prior notice.
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
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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 fifteen (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 $1,000,000.00 or more in Federal Funds Per Year.
All non-federal entities that expend $1,000,000.00 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 six 6 months following the end
of the period being audited and be submitted to City within thirty 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 $1,000,000.00 a year in
federal funds are exempt from federal audit requirements for that year, but records must be
available for review or audit by appropriate officials of the federal agency, City, and General
Accounting Office.
8.5.2 City Reserves the Right to Audit.
City reserves the right to perform an audit of Agency’s Program operations and finances at
any time during the term of this Contract and for 5 years after the Contract term ends, regardless
of whether or not this Contract is earlier terminated, 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. If such audit reveals a
questioned practice or expenditure, such questions must be resolved within fifteen (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.
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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 2025 MUST BE RECEIVED BY OCTOBER
4, 2025. COMPLETE DOCUMENTATION FOR ALL SEPTEMBER 2025 EXPENSES
MUST BE SUBMITTED BY OCTOBER 15, 2025. FAILURE TO SUBMIT A FINAL
REIMBURSEMENT REQUEST WITH COMPLETE DOCUMENTATION BY
OCTOBER 15, 2025 WILL RESULT IN FORFEITURE OF PAYMENT OF THE
SEPTEMBER REIMBURSEMENT REQUEST.
9.1.2 City will notify Agency by e-mail within fourteen (14) calendar days if a
Reimbursement Request is lacking Complete Documentation or corrections are needed. Agency
will have seven (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 following Program Year for any notifications received under this
Section. If Agency fails to submit all the required information or missing documentation within
seven (7) calendar days from the first e-mail, Agency may 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, and the
cumulative reimbursement requested to date (inclusive of that month’s request).
9.2.2 Attachment II – Expenditure Worksheet.
This report shall itemize each expense requested for reimbursement by Agency and shall
include the Account corresponding the expense to a Budget line item. In order for this report to
be complete the following must be submitted:
9.2.2.1 For payroll expenses, timesheets signed by employees and approved by
supervisor for all payroll expenses listed. Timesheets must distinguish
between CDBG-funded time and non-CDBG funded time and reflect
actual time spent on CDBG-funded activities. Agency may not submit
payroll expenses dated sixty (60)calendar days prior to the date of the
Reimbursement Request.
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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 sixty 60 calendar days prior to
the date of the Reimbursement Request.
9.2.2.3 Proof that each expense was paid by Agency. 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” – Self- Certification of Income Form or similar form approved
by City, and 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.
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 AS OUTLINED HEREIN.
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 Failure to submit a Reimbursement Request in accordance with Section 9 and
Exhibits “D” and “F,” may be in default of this Contract. If Agency has not provided the requested
information or missing documentation within the seven (7) calendar day notice period as provided
for in Section 9.1.2, City will provide Agency with a written Default Notice. Agency will have
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five (5) calendar days from the date of the written Default Notice to submit information and
documentation to cure the default. If Agency fails to cure the default within such time, Agency
shall forfeit any payments otherwise due that month and the failure to submit shall be considered
an event of default that shall not be cured.
10.1.2 NOTWITHSTANDING THE PROVISIONS OF SECTION 10.1.1, IF
AGENCY FAILS TO SUBMIT THE REIMBURSEMENT REQUEST DUE OCTOBER 4,
2025 OR IF THE SUBMITTED REIMBURSEMENT REQUEST DUE OCTOBER 4, 2025
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.
10.1.3 In the event of an uncured default under this Section, City reserves the right at
its sole option to terminate this Contract effective immediately upon written notice of such intent
with no penalty or liability to City.
10.1.4 Notwithstanding anything to the contrary herein, City will not be required to
pay any CDBG Funds to Agency during the period that any Reimbursement Request, report or
documentation is past due or is not in compliance with this Contract or the CDBG Regulations, or
during any period during which Agency is in default of this Contract.
10.1.5 In the event of termination under this Section 10.1, all CDBG Funds awarded
but unpaid to Agency pursuant to this Contract shall be immediately forfeited and Agency shall
have no further right to such funds.
10.2 Failure to Maintain 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 thirty (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 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.
10.2.2 In the event of termination under Section 10.2, any CDBG Funds paid to
Agency must be repaid to City within thirty (30) days of termination. If such CDBG Funds are not
repaid to City within the thirty (30) day period, City shall exercise all legal remedies available
under this Contract.
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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 thirty (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 thirty (30)calendar days to cure, as determined by both Parties
mutually and in good faith, City shall have the right to elect in City’s sole discretion to: (i) extend
Agency’s time to cure, (ii) terminate this Contract effective immediately upon written notice of
such intent to Agency, or (iii) pursue any other legal remedies available to City under this Contract.
10.3.2 City’s remedies may include:
10.3.2.1 Direct Agency to prepare and follow a schedule of actions for
carrying out the affected activities, consisting of schedules,
timetables and milestones necessary to implement the affected
activities.
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 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 thirty (30)days of the termination. Failure to repay such CDBG Funds within the
thirty (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
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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.
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 thirty (30) days of termination. Failure
to repay such CDBG Funds within thirty (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:
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10.10.1 By City with the consent of Agency in which the Parties 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 thirty (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 (30) days of notice from the City for such
repayment. Additionally, if Agency takes any action that results in City receiving a finding
from HUD about the Program, whether or not repayment of all or any portion of the CDBG
Funds is required of City, Agency agrees City may require that 10% of the CDBG Funds be
repaid to City as liquidated damages.The Parties agree that City’s damages in the event of either
repayment to HUD being required or receiving a 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,
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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 fifteen (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 thirty (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, regardless
of whether or not this Contract is earlier terminated, and shall be enforceable by City against
Agency.
14. GENERAL PROVISIONS
14.1 Agency an Independent Contractor.
Agency shall operate hereunder as an independent contractor and not as an officer, agent,
servant or employee of City. Agency shall have exclusive control of, and the exclusive right to
control, the details of the work and services performed hereunder, and all persons performing
same, and shall be solely responsible for the acts and omissions of its officers, members, agents,
servants, employees, contractors, 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
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or invitees that may be lost, stolen or destroyed or in any way damaged and AGENCY HEREBY
INDEMNIFIES AND HOLDS HARMLESS CITY AND ITS OFFICERS, AGENTS, AND
EMPLOYEES FROM ANY AND ALL CLAIMS OR SUITS PERTAINING TO OR
CONNECTED WITH SUCH PROPERTY.
14.4 Religious Organization.
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.
14.4.1. 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.
14.4.2 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.
14.4.3 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 “I”—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.
14.5 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.
14.6 Governing Law.
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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.
14.7 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.
14.8 Written Agreement Entire Contract.
This written instrument and the Exhibits, Attachments, and Addendums attached hereto,
which are incorporated by reference and made a part of this Contract for all purposes, constitute
the entire agreement by the Parties concerning the work and services to be performed under this
Contract. Any prior or contemporaneous oral or written agreement which purports to vary the
terms of this Contract shall be void. Any amendments to the terms of this Contract must be in
writing and executed by the Parties.
14.9 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”.
14.10 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
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by Department of Labor regulations 41 CFR Part 60
The Age Discrimination in Employment Act of 1967
The Age Discrimination Act of 1975 (42 U.S.C. Sections 6101 et seq.)
The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970
(42 U.S.C. Sections 4601 et seq. and 49 CFR Part 24) (“URA”)
Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. Sections 794 et seq.) and 24
CFR Part 8 where applicable
National Environmental Policy Act of 1969, as amended, 42 U.S.C. Sections 4321 et
seq.(“NEPA”) and the related authorities listed in 24 CFR Part 58.
The Clean Air Act, as amended, (42 U.S.C. Sections 1251 et seq.) and the Clean Water
Act of 1977, as amended (33 U.S.C. Sections 1251 et seq.) and the related Executive
Order 11738. In no event shall any amount of the assistance provided under this
Contract be utilized with respect to a facility that has given rise to a conviction under
the Clean Air Act or the Clean Water Act.
Immigration Reform and Control Act of 1986 (8 U.S.C. Sections 1101 et seq.)
specifically including the provisions requiring employer verifications of legal status of
its employees
The Americans with Disabilities Act of 1990 (42 U.S.C. Sections 12101 et seq.), the
Architectural Barriers Act of 1968 as amended (42 U.S.C. Sections 4151 et seq.) and
the Uniform Federal Accessibility Standards, 24 CFR Part 40, Appendix A
Regulations at 24 CFR Part 87 related to lobbying, including the requirement that
certifications and disclosures be obtained from all covered persons
Drug Free Workplace Act of 1988 (41 U.S.C. Sections 701 et seq.) and 24 CFR Part
23, Subpart F
Executive Order 12549 and 24 CFR Part 5.105(c) pertaining to restrictions on
participation by ineligible, debarred or suspended persons or entities
Section 6002 of the Solid Waste Disposal Act, as amended by the Resource
Conservation and Recovery Act
Guidelines of the Environmental Protection Agency at 40 CFR Part 247
For contracts and subgrants for construction or repair, Copeland “Anti-Kickback” act
(18 U.S.C. 874) as supplemented in 29 CFR Part 5
For construction contracts awarded by Agency in excess of $2,000, and in excess of
$2,500 for other contracts which involve the employment of mechanics or laborers,
Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C.
327A 300) as supplemented by 29 CFR Part 5
Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et seq.), as amended by
the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851 et
seq.) and implementing regulations at 24 CFR Part 35, subparts A, B, M, and R
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.
The Build America, Buy America Act (BABA) enacted under Division G, Title IX of
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the Infrastructure Investment and Jobs Act (IIJA, Pub. L. No. 117-58) signed into law
on November 15, 2021.
14.11 HUD-Assisted Projects and Employment and other Economic Opportunities;
Section 3 Requirements.
14.12 Prohibition Against Discrimination.
14.12.1 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.
14.12.2 No Discrimination in Employment during the Performance of This
Contract.
During the performance of this Contract Agency agrees to the following provision, and
will require that its contractors and subcontractors also comply with such provision by including
it in all contracts with its contractors:
[Contractor’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.
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[Contractor’s, Subcontractor’s or Vendor’s name] will, in all solicitations or
advertisements for employees placed by or on behalf of [Contractor’s, Subcontractor’s or
Vendor’s name], state that all qualified applicants will receive consideration for employment
without regard to race, color, sex, gender, religion, national origin, familial status, disability or
perceived disability, sexual orientation, gender identity, gender expression or transgender.
[Contractor’s, Subcontractor’s or Vendor’s name] covenants that neither it nor any of its
officers, members, agents, employees, or contractors, while engaged in performing this Contract,
shall, in connection with the employment, advancement or discharge of employees or in
connection with the terms, conditions or privileges of their employment, discriminate against
persons because of their age or because of any disability or perceived disability, except on the
basis of a bona fide occupational qualification, retirement plan or statutory requirement.
[Contractor’s, Subcontractor’s or Vendor’s name] further covenants that neither it nor its
officers, members, agents, employees, contractors, or persons acting on their behalf, shall specify,
in solicitations or advertisements for employees to work on this Contract, a maximum age limit
for such employment unless the specified maximum age limit is based upon a bona fide
occupational qualification, retirement plan or statutory requirement.
14.12.3 Agency’s Contractors and the ADA.
In accordance with the provisions of the Americans With Disabilities Act of 1990
(“ADA”), Agency warrants that it and any of its contractors will not unlawfully discriminate on
the basis of disability in the provision of services to the general public, nor in the availability, terms
and/or conditions of employment for applicants for employment with, or employees of, Agency or
any of its contractors. AGENCY WARRANTS IT WILL FULLY COMPLY WITH 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.
14.13 Conflicts of Interest and Violations of Criminal Law.
14.13.1 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.
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THE WOMEN’S CENTER OF TARRANT COUNTY
14.13.2 General Prohibitions Against Conflicts of Interest.
No employees, agents, consultants, officers or elected officials or appointed officials of
City or of Agency who exercise or have exercised any functions or responsibilities with respect to
activities assisted with CDBG funds or who are in a position to participate in a decision-making
process or gain inside information with regard to these activities may utilize CDBG services, may
obtain a financial interest or benefit from a CDBG-assisted activity, or have an interest in any
contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for
themselves or those with whom they have family or business ties, during their tenure or for 1 year
thereafter.
14.13.2.1 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.
14.13.3 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.
14.13.3.1 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.
14.13.3.2 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.
14.13.3.3 Notwithstanding the prohibition contained in Section 14.13.3.2,
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.
14.13.3.4 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,
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THE WOMEN’S CENTER OF TARRANT COUNTY
affiliate, or subsidiary organization, Agency is unable or appears to
be unable to be impartial in conducting a procurement action
involving a related organization.
14.13.3.5 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.
14.13.4 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.
14.13.5 Disclosure of Conflicts of Interest for Agency Clients.
Agency understands that its clients will be receiving assistance partially or fully funded
utilizing Housing and Urban Development (HUD) funds received by City. Agency will assist City
in determining whether eligible clients have a potential relationship to the City that constitutes a
conflict of interest by having clients fill out the Conflict of Interest Disclosure Form, attached
hereto as Exhibit “J”. In the event a conflict of interest exists, this may affect the client’s eligibility
to receive services. As a result, if a potential client provides information on the form that a conflict
may exist, Agency must notify City for a determination prior to providing services.
14.13.6 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. Agency will timely disclose to City all violations.
14.13.7 Disclosure of Federal Criminal Law Violations.
In compliance with 2 CFR Part 200.113, Agency is required to timely disclose to City all
violations of federal criminal law involving fraud, bribery or gratuity violations potentially
affecting the Agency.
14.14 Subcontracting with Small and Minority Firms, Women’s Business
Enterprises and Labor Surplus Areas.
14.14.1 For procurement contracts $100,000.00 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 B , and all amendments or successor policies or ordinances thereto, into all contracts
and subcontracts for procurement larger than $100,000.00 or larger that are paid for, in part or in
full,
CDBG 51% PSA CONTRACT 2024-2025 28
THE WOMEN’S CENTER OF TARRANT COUNTY
with the CDBG Funds and will further require all persons or entities with which it so contracts to
comply with said ordinance.
14.14.2 It is national policy to award a fair share of contracts to disadvantaged business
enterprises (“DBEs”), small business enterprises (“SBEs”), minority business enterprises
(“MBEs”), and women’s business enterprises (“WBEs”). Accordingly, affirmative steps must be
taken to assure that DBEs, SBEs, MBEs, and WBEs are utilized when possible as sources of
supplies, equipment, construction and services.
14.14.2.1 In order to comply with federal reporting requirements 24 CFR Part
570.506 (g)(6), Agency must submit the form attached hereto as
EXHIBIT “H” – MBE Reporting Form for each contract or
subcontract with a value of $25,000.00 or more paid or to be paid
with the CDBG Funds. Agency shall submit this form by the date
specified in EXHIBIT “H” – MBE Reporting Form.
14.15 Other Laws.
The failure to list any federal, state or City ordinance, law or regulation that is applicable
to Agency does not excuse or relieve Agency from the requirements or responsibilities in regard
to following the law, nor from the consequences or penalties for Agency’s failure to follow the
law, if applicable.
14.16 Assignment.
Agency shall not assign all or any part of its rights, privileges, or duties under this Contract
without the prior written approval of City. Any attempted assignment of same without approval
shall be void, and shall constitute a breach of this Contract.
14.17 Right to Inspect Agency Contracts.
It is agreed that City has the right to inspect and approve in writing any proposed contracts
between Agency and any contractor or vendor engaged in any activity in conjunction with this
CDBG-funded Program prior to any charges being incurred.
14.18 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
CDBG 51% PSA CONTRACT 2024-2025 29
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Agency’s obligation regardless of the extent of any existing Force Majeure Event. Agency will
use commercially reasonable efforts to remedy its inability to perform as soon as possible.
14.19 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,
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SUBCONTRACTORS, INVITEES, LICENSEES, OR CLIENTS, OR CAUSED, IN
WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS,
SERVANTS, EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS OF CITY.
IT IS THE EXPRESS INTENTION OF THE PARTIES, BOTH AGENCY AND
CITY, THAT THE INDEMNITY PROVIDED FOR THIS SECTION INCLUDES
INDEMNITY BY AGENCY TO INDEMNIFY AND PROTECT CITY FROM THE
CONSEQUENCES OF CITY’S OWN NEGLIGENCE, WHETHER THAT NEGLIGENCE
IS ALLEGED TO BE THE SOLE OR CONCURRING CAUSE OF THE INJURY,
DAMAGE OR DEATH.
AGENCY AGREES TO AND SHALL RELEASE CITY, ITS AGENTS,
EMPLOYEES, OFFICERS AND LEGAL REPRESENTATIVES FROM ALL LIABILITY
FOR INJURY, DEATH, DAMAGE OR LOSS TO PERSONS OR PROPERTY
SUSTAINED IN CONNECTION WITH OR INCIDENTAL TO PERFORMANCE UNDER
THIS CONTRACT, EVEN IF THE INJURY, DEATH, DAMAGE OR LOSS IS CAUSED
BY CITY’S SOLE OR CONCURRENT NEGLIGENCE.
AGENCY SHALL REQUIRE ALL OF ITS CONTRACTORS AND
SUBCONTRACTORS TO INCLUDE IN THEIR CONTRACTS AND SUBCONTRACTS
A RELEASE AND INDEMNITY IN FAVOR OF CITY IN SUBSTANTIALLY THE SAME
FORM AS ABOVE.
16. WAIVER OF IMMUNITY BY AGENCY.
If Agency, as a charitable or nonprofit organization, has 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 $60,000
to insure against loss from the fraud, theft or dishonesty of any of Agency’s officers, agents,
trustees, directors or employees. The proceeds of such insurance or bond shall be used to
reimburse City for any and all loss of CDBG Funds occasioned by such misconduct. To effectuate
such reimbursement, such fidelity coverage shall include a rider stating that reimbursement for
any loss or losses shall name the City as a Loss Payee.
Agency shall furnish to City in a timely manner, but not later than the Effective Date,
certificates of insurance as proof that it has secured and paid for policies of commercial insurance
as specified herein. If City has not received such certificates by the Effective Date, Agency shall
be in default of the Contract and City may, at its option, terminate the Contract.
Such insurance shall cover all insurable risks incident to or in connection with the
execution, performance, attempted performance or nonperformance of this Contract. Agency shall
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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.
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 thirty (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.
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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.
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,
CDBG 51% PSA CONTRACT 2024-2025 33
THE WOMEN’S CENTER OF TARRANT COUNTY
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
100 Fort Worth Trail
Fort Worth, TX 76102
Telephone: 817-392-7600
Copy to:
Neighborhood Services Department
100 Fort Worth Trail
Fort Worth, TX 76102
Attention: Kacey Bess
Telephone: 817-392-7540
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THE WOMEN’S CENTER OF TARRANT COUNTY
Copy to:
Neighborhood Services Department
100 Fort Worth Trail
Fort Worth, TX 76102
Attention: Jeanette Greenwood
Telephone: 817-392-2715
Agency:
Agency Name: The Women’s Center of Tarrant County
Contact: Jasmine Folan
Address : 1723 Hemphill St.
Fort Worth, TX 76104
Telephone: 817- 927-4006
21. AGENCY HAS LEGAL AUTHORITY TO ENTER INTO CONTRACT.
Agency represents that it possesses the legal authority, pursuant to any proper, appropriate
and official motion, resolution or action passed or taken, to enter into this Contract and to perform
the responsibilities herein required.
22. COUNTERPARTS.
This Contract may be executed in multiple counterparts, each of which shall be considered
an original, but all of which shall constitute one instrument which may be sufficiently evidenced
by one counterpart.
23. PROGRAM INCOME.
Parties agree that no program income as defined by HUD shall be earned as a result of this
contract.
24. PROHIBITION ON CONTRACTING WITH COMPANIES THAT BOYCOTT
ISRAEL.
If Agency has less than ten employees, this contract is for less than $100,000, or Agency
does not meet the definition of a “company” under the applicable section of the Texas Government
Code, this provision shall not apply. Agency acknowledges that in accordance with Chapter 2270
of the Texas Government Code, the City is prohibited from entering into a contract with a company
for goods or services unless the contract contains a written verification from the company that it:
(1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The
terms “boycott Israel” and “company” shall have the meanings ascribed to those terms in Section
808.001 of the Texas Government Code. By signing this contract, Agency certifies that Agency’s
signature provides written verification to the City that Agency: (1) does not boycott Israel; and (2)
will not boycott Israel during the term of the contract.
25. PROHIBITION ON BOYCOTTING ENERGY COMPANIES.
CDBG 51% PSA CONTRACT 2024-2025 35
THE WOMEN’S CENTER OF TARRANT COUNTY
Agency acknowledges that in accordance with Chapter 2276 of the Texas Government
Code, 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. To the extent that Chapter 2276 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, 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. 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.
27. ELECTRONIC SIGNATURES.
This Contract may be executed by electronic signature, which will be considered as an
original signature for all purposes and have the same force and effect as an original signature. For
these purposes, “electronic signature” means electronically scanned and transmitted versions (e.g.
via pdf file or facsimile transmission) of an original signature, or signatures electronically inserted
via software such as Adobe Sign.
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[SIGNATURES APPEAR ON NEXT PAGE]
CDBG 51% PSA CONTRACT 2024-2025 37
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IN WITNESS WHEREOF, the Parties hereto have executed this Contract in Fort Worth,
Tarrant County, Texas.
ATTEST:CITY OF FORT WORTH:
_________________________________ _____________________________________
Jannette Goodall Jesica McEachern
City Secretary Assistant City Manager
M&C: 24-0552
Date: June 25, 2024
1295 Certification No. 2024-1132800
RECOMMENDED BY:
Kacey Bess
Neighborhood Services Director
APPROVED AS TO FORM AND LEGALITY :
_________________________________
Jessika Williams
Assistant City Attorney
CONTRACT COMPLIANCE ADMINISTRATOR:
By signing, I acknowledge that I am the person responsible
for the monitoring and administration of this contract, including
ensuring all performance and reporting requirements
_________________________________________
Jeanette Greenwood
Sr. Human Service Specialist
THE WOMEN’S CENTER OF TARRANT COUNTY
_________________________________
Laura Hilgart, CEO
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THE WOMEN’S CENTER OF TARRANT COUNTY
EXHIBITS:
EXHIBIT “A” –Program Summary
EXHIBIT “A-1” – 2024 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” – Self-Certification of Income Form
EXHIBIT “F” – Standards for Complete Documentation
EXHIBIT “G” – Severely Disabled Certification Form (only applicable to Presumed
Benefit contracts)
EXHIBIT “H” – MBE Reporting Form
EXHIBIT “I” – Notice of Beneficiary Rights
EXHIBIT “J” – Conflict of Interest Disclosure Form
CDBG 51% 2024-2025 – EXHIBIT “A” – PROGRAM SUMMARY
Page 1
The Women’s Center of Tarrant County EXHIBIT “A”
Employment Solutions PROGRAM SUMMARY
PROGRAM SUMMARY
CDBG
October 1, 2024 to September 30, 2025 $60,000
PERIOD AMOUNT
Capitalized terms not defined herein shall have meanings assigned them in the Contract.
PROGRAM:
The Employment Solutions Program in accordance with HUD requirements, is a year-round
program, delivered by the Employment Solutions department, targets low to moderate income,
unemployed or underemployed adults throughout Fort Worth. The clients served encounter
various economic challenges including limited work experience, insufficient knowledge of the
labor market, such as job search strategies and awareness of career paths with advancement
opportunities, a lack of money management and financial empowerment resources and basic
necessities like access to computers, childcare, and suitable attire.
Agency’s Program office and services will be available at 1723 Hemphill St., Fort Worth, TX
76110 and virtually. In office hours will be Monday through Friday, 8:30 AM to 5:00 PM.
Occasional after-hours and weekend sessions will also be provided.
CDBG funds will be used to pay for a portion of program Staff salaries, FICA and fringe benefits
for 2 Career Coaches ( 40% FTE), Program Assistant/Volunteer Coordinator, (10% FTE) and the
Director of Employment Solutions, (7% FTE). The percentage of any Program employee’s salary
will not exceed the percentage of Fort Worth clients participating in the Program and shall be cost
allocated in accordance with the amount applicable to the CDBG funded Program.
City of Fort Worth Agency shall not change any locations without prior City approval. Costs
incurred at any locations that have not been approved by City shall not be reimbursed. Service
location revisions will trigger the City’s Citizen Participation Plan and will require a 30-day public
notice.
Agency is a Fort Worth Agency: 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% AMI.
REGULATORY CLASSIFICATION:
IDIS Matrix Code(s) and Service Category: 05H Employment Training
National Objective Citation: LMC Low/Mod Limited Clientele 24 CFR 570.208(a)(2)
CDBG 51% 2024-2025 – EXHIBIT “A” – PROGRAM SUMMARY
Page 2
Regulatory Citation(s): 24 CFR 570.201(e)
PROGRAM GOALS:
Minimum Fort Worth Agency Program Performance Outcome: Based on the nature of the
service provided, Agency will maintain documentation that verifies that 51%of clients served
by the Program are income eligible with current household incomes at or below 80%of Area
Median Income (AMI) as established or defined by the United States Department of Housing
and Urban Development (HUD). For example, if the Program serves 1,000 clients, 510 must be
Income Eligible Clients. In this example, Agency would be required to furnish City 1,000
Certification of Income Statements that prove at least 510 of the clients served by the Program
are Income Eligible Clients.
Minimum Number of Fort Worth Clients to be Served:The Program must serve approximately
95 Unduplicated Clients from Fort Worth as shown by the monthly reports on Attachment III.
When determining the number of clients which constitutes 51%, HUD regulations require that
partial numbers must be rounded up.
OTHER AGENCY REQUIREMENTS:
Upon completion of the program year, Agency will provide, with the final reimbursement request,
the results of the measures used to assess the program benefits to the client as described in B.13 of
the Public Service Agency Request for Proposal application.
EXHIBIT “A-1”
2024 HUD INCOME LIMITS
AMI 1 person 2 people 3 people 4 people 5 people 6 people 7 people 8 people
30% $21,400 $24,450 $27,500 $30,550 $33,000 $35,450 $37,900 $40,350
50% $35,700 $40,800 $45,900 $50,950 $55,050 $59,150 $63,200 $67,300
80% $57,050 $65,200 $73,350 $81,500 $88,050 $94,550 $101,100 $107,600
*Income limits are published at least annually by HUD.
Effective 5/01/2024
CDBG PSA CONTRACT-- EXHIBIT “A-2”
REPORTING REQUIREMENTS FOR COUNTYWIDE AGENCIES
EXHIBIT “A-2”
REPORTING REQUIREMENTS FOR COUNTYWIDE AGENCIES
(ONLY APPLICABLE TO COUNTYWIDE AGENCIES)
CDBG PSA CONTRACT-- EXHIBIT “A-2”
REPORTING REQUIREMENTS FOR COUNTYWIDE AGENCIES
REPORTING REQUIREMENTS FOR COUNTYWIDE AGENCIES
Quarterly Report
The purpose of the Quarterly Report is for the Countywide Agencies to report the number of non-Fort
Worth clients who participate in the Program. The Quarterly Report must be submitted with the
December, March, June and September Reimbursement Requests. The submission of the Quarterly
Report is through Neighborly Software. The information provided in the Quarterly Report will be
reviewed and monitored by the Neighborhood Services Department Compliance Division.
DUE DATE REPORTING RANGE
# OF FORT
WORTH
CLIENTS
# OF NON-FORT
WORTH
CLIENTS
TOTAL # OF
CLIENTS
SERVED BY
THE PROGRAM
(C+D)
% OF
FORT WORTH
CLIENTS
(C÷E)
A B C D E F
EXAMPLE:250 200 450 250÷450=55%
January 15, 2025 October 1, 2024 –
December 31, 2024
April 15, 2025 January 1, 2025 –
March 30, 2025
July 15, 2025 April 1, 2025 –
June 30, 2025
October 1, 2025 July 1, 2025 –
September 30, 2025
TOTAL
I, Agency representative, certify that I verified the information I reported this quarter and it is correct
to the best of my knowledge.
Certified by: Date:
Signature/Title:
The Women Center of Tarrant County
Account Grant Budget A B C D E Total
PROGRAM PERSONNEL
Salaries 1001 53,975.14$ 2,240,956.26$ 1,763,731.02$ 609,131.58$ 4,667,794.00$
FICA 1002 2,255.52$ 165,764.10$ 129,128.66$ 44,596.56$ 341,744.84$
Life/Disability Insurance 1003 213.26$ 15,917.84$ 12,397.29$ 4,281.58$ 32,809.97$
Health/Dental Insurance 1004 2,888.20$ 199,967.51$ 155,901.35$ 53,842.92$ 412,599.98$
Unemployment-State 1005 5,309.84$ 4,080.79$ 1,409.36$ 10,799.99$
Worker's Compensation 1006 54.46$ 4,145.26$ 3,227.62$ 1,114.70$ 8,542.04$
Retirement 1007 613.42$ 45,082.36$ 35,117.73$ 12,128.79$ 92,942.30$
SUPPLIES AND SERVICES
Office/Program Supplies 2001 31,712.41$ 24,372.04$ 8,417.25$ 64,501.70$
Postage 2002
Printing 2003 2,064.94$ 1,586.97$ 548.09$ 4,200.00$
Adv/Media, Dues/Pub, Printing,
Bank Fees 53,187.73$ 40,876.55$ 14,117.34$ 108,181.62$
Other (Staff Travel and Training) 4,424.87$ 3,400.65$ 1,174.48$ 9,000.00$
MISCELLANEOUS
Contract Labor Food
Supplies/Meals (City needs copy
of contract before expenses can be
reimbursed)
3001 -$
Food Supplies 3002
Teaching Aids-Skills Training 3003 -$
Craft Supplies 3004
Field Trip Expenses 3005
Mileage 3006 15,201.40$ 11,682.78$ 4,034.82$ 30,919.00$
FACILITY AND UTILITIES
Telephone 4001 23,825.90$ 18,311.06$ 6,324.01$ 48,460.97$
Electric 4002 13,766.45$ 10,579.97$ 3,653.95$ 28,000.37$
Gas 4003 1,240.33$ 953.23$ 329.23$ 2,522.79$
Water and Wastewater 4004 7,375.14$ 5,668.04$ 1,957.55$ 15,000.73$
Solid Waste Disposal 4005 -$ -$ -$
Rent (City needs copy of lease
before expenses can be
reimbursed)4006 12,291.37$ 9,446.35$ 3,262.43$ 25,000.15$
Cleaning Supplies 4007 -$ -$ -$
Repairs 4008 -$ -$ -$
Custodial Services 4009 31,713.11$ 24,372.58$ 8,417.45$ 64,503.14$
Utilities, Transportation, PP &E 4010
Security 38,006.56$ 29,209.30$ 10,087.88$ 77,303.74$
LEGAL, FINANCIAL AND
INSURANCE
Insurance (Fidelity Bond or
Equivalent, Directors and
Officers, General Commercial
Liability) 5001-3 32,793.20$ 25,202.66$ 8,704.14$ 66,700.00$
Bank fees
volunteer
volunteer
Prof Fees 5004
DIRECT ASSISTANCE
Skills Training/Client Assistance 78,418.53$ 60,267.26$ 20,814.21$ 159,500.00$
Financial Coaching 43,995.50$ 33,812.00$ 11,677.50$ 89,485.00$
Professinoal Contracts
Audit/IT/Legal Volunteer
Recruitment, Misc.6001 156,101.34$ 119,969.07$ 41,433.16$ 317,503.57$
BUDGET TOTAL 60,000.00$ 3,223,261.95$ 2,523,294.97$ 871,458.98$ -$ -$ 6,678,015.90$
FUNDING A: Government Grants
FUNDING B: Contributions
FUNDING C: Other fundraising
EXHIBIT "B" - BUDGET
Annual Salary
Est. Percent to
Grant
Amount to
Grant
53,998.00$ 40% 21,597.94$
51,450.00$ 40% 20,580.00$
45,872.00$ 10% 4,587.20$
103,000.00$ 7% 7,210.00$
4,119,874.00$
293,600.00$
4,667,794.00$ 1% 53,975.14$
Percent of Payroll Amount
Est. Percent to
Grant
Amount to
Grant
FICA 7.3213349% 341,744.83$ 0.66% 2,255.52$
Life/Disability Insurance 0.7029010% 32,809.97$ 0.65% 213.26$
Health/Dental Insurance 8.83929312448531% 412,599.99$ 0.70% 2,888.20$
Unemployment-State 0.2313725% 10,799.99$ -$
Worker's Compensation 0.1829995% 8,542.04$ 0.64% 54.46$
Retirement 1.9911398% 92,942.30$ 0.66% 613.42$
TOTAL 899,439.12$ 6,024.86$
Total Budget
Est. Percent to
Grant
Amount to
Grant
64,501.70$
4,200.00$
108,181.62$
9,000.00$
185,883.32$
Total Budget
Est. Percent to
Grant
Amount to
Grant
Teaching Aids
Food Supplies
Office/Program Supplies
Postage
Printing
Adv/Media, Dues/Pub, Printing, Bank Fees
Other (Staff Travel and Training)
TOTAL
MISCELLANEOUS
Contract Labor
SUPPLIES AND SERVICES
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
Career Coach #1
Career Coach #2
Program Support Specialist
Director of Employment Solutions
All other positions-Regular
Variable Hour Employees
TOTAL
FRINGE DETAIL-PROGRAM PERSONNEL
30,919.00$
30,919.00$ 0.0% -$
Total Budget
Est. Percent to
Grant
Amount to
Grant
48,460.97$
28,000.37$
2,522.79$
15,000.73$
-$
25,000.15$
-$
-$
64,503.14$
-$
77,303.74$
260,791.89$
Total Budget
Est. Percent to
Grant
Amount to
Grant
66,700.00$
66,700.00$
Total Budget
Est. Percent to
Grant
Amount to
Grant
$ 159,500.00
$ 89,485.00
$ 248,985.00
317,503.57$
317,503.57$
6,678,015.90$ 60,000.00$
Audit/IT/Legal Volunteer Recruitment, Misc.
TOTAL
Total Women's Center Budget 2024-2025
DIRECT ASSISTANCE
Skills Training/Client Assistance
Financial Coaching
TOTAL
Professional Contracts
TOTAL
Solid Waste Disposal
Rent (City needs copy of lease before expenses can be
Cleaning Supplies
Repairs
Custodial Services
Utilities, Transportation, PP &E
Security
TOTAL
LEGAL, FINANCIAL AND INSURANCE
Insurance (Fidelity Bond or Equivalent, Directors and Officers,
General Commercial Liability)
Water and Wastewater
Craft Supplies
Field Trip Expenses
Mileage
TOTAL
FACILITY AND UTILITIES
Telephone
Electric
Gas
EXHIBIT `�C"
AUDIT CERTIFICATION FORM
PSA CONTRACT - �XHIBIT "C" - AUDIT
CERTIFICATION FORM --
AUDIT CERTIFICATION FORM AND AUDIT REQUIREMENTS
Agency: The Women's Center of Tarrant County
Fisc 1 Year Ending: September 30, 2025
During the fiscal year in which funds will be received, we will exceed the federal expenditure
threshold of $1,000,000.00. We will have our Single Audit or Program Speciiic 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
$1,000,000.00 federal expenditure threshold required for a Single Audit or a Program
Specific Audit to be performed this fiscal year. (Fill out schedcrle below)
Federal Expenditure Disclosure
MIJST be filled out if Sin le Audit or Program Audit is NOT re uired.
Pass Through Program Name & Contract
Federal Grantor Grantor CFDA Number Number Expenditures
Total Federal Expenditures for this Fiscal Year:
Signatory and Title
� 1�=�
Date
Failure to submit this or a similar statement or failure to submit a completed single audit package
as described in the federally required audit requirements described in 2 CFR Part 200, as
applicable, by the required due date may result in suspension of funding and may affect eligibility
for future funding. Notwithstanding the above, this certification acknowledges the agency's
commitment to meet all other financial reporting, financial statements, and other audit
requirements as may be set forth in the Contract.
PSA CONTRACT - EXHIBIT "C" - AUDIT CERTIFICATION FORM
Agency:he Women's Center of Tarrant County
Address: 1723 Hemphill
City, State, Zip: Fort Worth, TX 76110
Program: CDBG
Month of Service:
Tax ID Number:
Contract Number:
Case ID: 46273
P.O. Number:
FID Number:
IDIS Number:
Original Amount This Invoice Cumulative to Date Remaining Balance
(Program Name) Case ID
Salaries 1001 -$ $ -$
FICA 1002 -$ -$ -$ -$
Life/Disability Insurance 1003 -$ -$ -$ -$
Health/Dental Insurance 1004 -$ -$ -$ -$
Unemployment-State 1005 -$ -$ -$ -$
Worker’s Compensation 1006 -$ -$ -$ -$
Office Supplies 1007 -$ -$ -$ -$
Food Supplies 1008 -$ -$ -$ -$
Insurance 1009 -$ -$ -$ -$
Accounting 1010 -$ -$ -$ -$
Contract Labor 1011 -$ -$ -$ -$
-$
-$
TOTAL -$ -$ -$ -$
Request Summary Budget Expenditure Percentage Spent Table Total
-$ -$ #DIV/0! -$
Oct-24 Nov-24 Dec-24 Jan-25 Feb-25 Mar-25
-$ -$ -$ -$ -$ -$
Apr-25 May-25 Jun-25 Jul-25 Aug-25 Sep-25
-$ -$ -$ -$ -$ -$
Client Goals Goal Amount Cumulative Total Goal Met % Table Total
0 0 #DIV/0! 0
Oct-24 Nov-24 Dec-24 Jan-25 Feb-25 Mar-25
0 0 0 0 0 0
Apr-25 May-25 Jun-25 Jul-25 Aug-25 Sep-25
0 0 0 0 0 0
Exhibit D
Program AmountAccount
Attachment I- Request Summary
Agency:
Program:
Only highlighted codes can be reimbursed
Please group like account codes.
Line
No.Check No. Date Payee Description/Job Title*
Account Code
(See Key to
Right)Amount
Expense Line Item
Account
1
2
3 Salaries 1001
4 FICA 1002
5 Life/Disability Insurance 1003
6 Health/Dental Insurance 1004
7 Unemployment-State 1005
8 Worker’s Compensation 1006
9 Office Supplies 1007
10
11
12 Food Supplies 1008
13 Insurance 1009
14 Accounting 1010
15 Contract Labor 1011
16 Other() 1012
17
18 Maintenance 2001
19 Security 2002
20 Insurance 2003
21 Utilities 2004
22 Supplies 2005
23 Repairs 2006
24 Other() 2007
25
26
27 Salaries 3001
28 FICA 3002
29 Life/Disability Insurance 3003
30 Health/Dental Insurance 3004
31 Unemployment-State 3005
32 Worker’s Compensation 3006
33 Other() 3007
34
35 Salaries 4001
36 FICA 4002
37 Life/Disability Insurance 4003
38 Health/Dental Insurance 4004
39 Unemployment-State 4005
40 Worker’s Compensation 4006
41 Other() 4007
42
43
44 Rental Assistance 5001
45
46 Utility Payments 5002
47
48 Rental Assistance 6001
49 Security Deposits 6002
Utility Deposits 6003
Total -$ Utility Payments 6004
*For Salaries, state employee's title under Description/Job Title. Rent must identify tenant Moving Costs 6005
Motel/Hotel Vouchers 6006
HMIS Software Costs 7001
REHOUSING
ATTACHMENT II
City of Fort Worth
Neighborhood Services Department
Expenditure Worksheet
The Women's Center of Tarrant County
CDBG
EMERGENCY SHELTER
ESSENTIAL SERVICES
SHELTER OPERATIONS
HOUSING RELOCATION AND STABILIZATION
PREVENTION
FINANCIAL ASSISTANCE
PREVENTION
REHOUSING
HMIS
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CDBG - PSA Contract 2024-2025 Page 1
EXHIBIT “E”
SELF-CERTIFICATION OF INCOME FORM
CDBG - PSA Contract 2024-2025 Page 2
City of Fort Worth
SELF-CERTIFICATION OF INCOME STATEMENT
Applicant Name: ____________________________________
Current Address: ____________________________________Phone #:
City and Zip:
Household Members and Income
(including applicant)
Last Name First Name Age Monthly
Income $$
Source of Income
TOTAL NUMBER OF FAMILY MEMBERS (Include Yourself, Spouse, Children, etc.)
Total Gross Annual Household Income: ________
PERSONAL INFORMATION: (Check one in each item. This Information is Required for Federal Reporting Purposes)
a. MALE b. WHITE BLACK/AFRICAN AMERICAN BLACK/AFRICAN AMERICAN & WHITE
FEMALE AMERICAN INDIAN/ALASKAN NATIVE ASIAN
AMERICAN INDIAN/ALASKAN NATIVE & WHITE ASIAN & WHITE
NATIVE HAWAIIAN/OTHER PACIFIC ISLANDER BALANCE/OTHER
AMERICAN INDIAN/ALASKAN NATIVE & BLACK/AFRICAN AMERICAN
c. ETHNICITY d. DISABLED e. IS HEAD OF HOUSEHOLD FEMALE?
HISPANIC YES YES
NON-HISPANIC NO NO
Certification: I certify that the information I am providing is true and could be subject to verification at any
time by a third party. I also acknowledge that the provision of false information could leave me subject to the
penalties of Federal, State and local law.
__________________ _____________
Signature of Applicant Date
WARNING: TITLE 18,SECTION 1001 OF THE U.S.CODE STATES THAT A PERSON IS GUILTY OF A FELONY
FOR KNOWINGLY AND WILLINGLY MAKING FALSE OR FRAUDULENT STATEMENTS TO ANY DEPARTMENT OF
THE UNITED STATES GOVERNMENT.
-----------------For use by Agency staff only-----------------
Household Size: Gross Annual Income:
Applicable Income Limit: Is Applicant Eligible?
Check if Applicant refused to provide demographic information: Õ
Staff Assessment of Demographics:____________________________________________________________
Person Making Determination: Date:
NOTE: Address, income amounts and sources for ALL household members are required.
CDBG - PSA Contract 2024-2025 Page 3
Ciudad de Fort Worth
AUTOCERTIFICACIÓN DE DECLARACIÓN DE INGRESOS
Nombre del Solicitante:
Dirección de Actualidad: Teléfono:
Ciudad y Código Postal:
Miembros Del Hogar e Ingresos
(Incluyendo el/la Solicitante)
Apellido Nombre Edad Ingreso
Mensual
Origen de Ingresos
* TOTAL NÚMERO DE MIEMBROS DEL HOGAR (Inclúyase Usted.)
Total Anual de Ingresos del hogar:
**INFORMACIÓN PERSONAL: (Seleccione uno en cada artículo. Esta información es requerida por el Gobierno federal.)
a. MASCULINO b. BLANCO NEGRO/AFRICANO AMERICANO NEGRO/AFRICANO AMERICANO & BLANCO
FEMININO INDIO AMERICANO/NATIVO DE ALASKA ASIATICO
INDIO AMERICANO/NATIVO DE ALASKA & BLANCO ASIATICO & BLANCO
NATIVO HAWAIANO/OTRO DE LAS ISLAS PACIFICAS BALANCE/OTRO
INDIO AMERICANO / NATIVO DE ALASKA & NEGRO/AFRICANO AMERICANO
c. ETHNICIDAD d. INCAPACITADO e. ¿ES LA CABEZA DEL HOGAR MUJER?
HISPANO SI SI
NO-HISPANO NO NO
Certificación: Yo certifico que la información que yo estoy proporcionando es verdadera y puedo ser sujeto a
verificación a cualquiera hora por tercera parte. Yo también reconozco que la provisión de información falsa
puede dejarme sujeto a penalidades Federales, Estatales, y a ley local.
Firma del Solicitante Fecha
ADVERTENCIA:TITULO 18,SECCIÓN 1001 DEL CÓDIGO DE LOS ESTADOS UNIDOS INDICA QUE UNA
PERSONA ES CULPABLE DE UN DELITO POR SABER Y VOLUNTARIAMENTE HACER DECLARACIONES FALSOS O
FRAUDULENTAS A CUALQUIER DEPARTAMENTO DE GOBIERNO DE LOS ESTADOS UNIDOS .
-----------------Para use de empleados de la agencia-----------------
# De Miembros de Familia: Ingreso Anual:
Límite de Ingreso: ¿Es solicitante elegible? :
Compruebe si el solicitante se negó a dar su información personal: ____________________________
Evaluación del empleado sobre información personal:____________________________________________
Persona haciendo la determinación: Fecha:
Note: La dirección de la casa y los ingresos (y sus orígenes) para todos los miembros del hogar, es requerida.
CDBG PSA CONTRACT -- EXHIBIT “F” -- STANDARDS OF DOCUMENTATION
EXHIBIT “F”
STANDARDS OF DOCUMENTATION
InvoiceProof of Payment*TimesheetContract/AgreementSAM.gov SearchLeaseExplanation of how expense is related to ProgramNotes/Other
Documentation Standards for
CDBG Public Service Contract Expenses
Budget Line
Items
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.
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.
Rent, Utilities and Maintenance - City will only pay for a portion of these expenses. The portion of these expenses will be determined by the square footage attributable to
the CDBG-funded Program and shall be cost-allocated in accordance with the amount of space used for the CDBG-funded Program. These expenses may only be in support
of the CDBG-funded Program. The items listed below require prior City approval and the Agency is required to identify any funding source that pays for the portion of the
expenses that is not paid with CDBG funds. Agencies must show calculation on how the CDBG portion of these expenses were calculated consistently with the CDBG
Contract.
as of
Miscellaneous
*Proof of payment effective October 1,:
CDBG 51% PSA CONTRACT - EXHIBIT “” - SEVERELY DISABLED CERTIFICATION FORM
EXHIBIT “”
SEVERELY DISABLED CERTIFICATION FORM
CDBG 51% PSA CONTRACT - EXHIBIT “” - SEVERELY DISABLED CERTIFICATION FORM
CERTIFICATION FORM
DOCUMENTING CLIENT STATUS AS “SEVERELY DISABLED ADULT”
Client Name:
Address:
City, State, Zip
Client Identification No.
CHECK ALL THAT APPLY
Has used a wheelchair, a walker, cane , crutches or other special aid for six
months or longer
Has been diagnosed with one of the following conditions: Alzheimer’s disease,
mental retardation or other developmental disability, senility or dementia,
cerebral palsy, or autism; or has another mental or emotional condition that
seriously interferes with everyday tasks.
Is unable to perform one or more of the following “Functional Activities”:
seeing, hearing, speaking and having one’s speech understood, lifting or
carrying, using stairs, grasping small objects, or walking.
Is unable to perform or needs assistance to perform one or more of t he 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: Date:
Signature/Title:
CFW Neighborhood Services Dept.: Revised 08/29/2019
CDBG 51% PSA CONTRACT -- EXHIBIT “H” -- MBE REPORTING FORM Page 1
EXHIBIT “H”
MBE REPORTING FORM
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CDBG 51% PSA CONTRACT- EXHIBIT “J” - NOTICE OF BENEFICIARY RIGHTS
EXHIBIT “J”
NOTICE OF BENEFICIARY RIGHTS
CDBG 51% PSA CONTRACT- EXHIBIT “J” - NOTICE OF BENEFICIARY RIGHTS
Notice of Beneficiary Rights
Name of Agency:
Name of Program:
Contact information for Program Staff (name, phone number, and e-mail address, if appropriate):
Because this program is supported in whole or in part by direct Federal financial assistance from
the Federal Government, we are required to let you know that:
• We may not discriminate against you on the basis of religion, religious belief, a refusal
to hold a religious belief, or a refusal to attend or participate in a religious practice;
• We may not require you to attend or participate in any explicitly religious activities that
are offered by us and any participation by you in these activities must be purely
voluntary;
• We must separate, in time or location, any privately funded explicitly religious activities
from activities supported by direct Federal financial assistance;
• If you object to the religious character of our organization, we must make reasonable
efforts to identify and refer you to an alternative provider to which you have no such
objection; and
• You may report an organization's violations of these protections, including any denial of
services or benefits, by contacting or filing a written complaint to HUD [or the
intermediary, if applicable].
We must give you this written notice before you enroll in our program or activity, as required by
24 CFR 5.109.
CDBG 51% PSA CONTRACT -- EXHIBIT “J” -- CONFLICT OF INTEREST DISCLOSURE
EXHIBIT “J”
CONFLICT OF INTEREST DISCLOSURE:
FOR CITY OF FORT WORTH PROGRAMS ONLY
CONFLICT OF INTEREST DISCLOSURE:
FOR CITY OF FORT WORTH PROGRAMS ONLY
The assistance you are applying for is funded using Housing and Urban Development (HUD) funds and because
of this our office is requesting the following information in order to comply with the funding requirements. Please
complete this form to the best of your ability, sign it, and return it to this Agency at your earliest convenience.
NAME: ADDRESS:
TELEPHONE: E-MAIL ADDRESS (if applicable)
1.Are you employed by the City of Fort Worth?YES NO
1a. If yes, by which Department and Division:
2.Were you employed by the City of Fort Worth within the most recent 12-month period?YES NO
2a. If yes, by which Department and Division:
3. Are any members of your immediate family currently employed by the City of Fort Worth?
(“Immediate Family” includes (whether by blood or adoption): the spouse, parent (including a stepparent),
child (including a stepchild), brother, sister (including a stepbrother or stepsister), grandparent, grandchild,
and in-laws.)
YES
NO
3a. If yes, please provide relative’s name(s), Department(s), and Division(s):
4. If No, were any members of your immediate family employed by the City of Fort Worth
within the most recent 12-month period?YES NO
4a. If yes, please provide relative’s name(s), previous Department(s), and Division(s):
5.Are you an elected or appointed official,or agent or consultant, of the City of Fort Worth? YES NO
5a. If yes, by which Department and Division:
6. Are any immediate family members an elected or appointed official, or agent or consultant
of the City of Fort Worth? YES NO
6a. If yes, please provide relative’s name(s), Department(s), and Division(s):
Certification:I understand and agree that the City may/will contact the City of Fort Worth department including all supervisors in
order to determine whether any of these persons’ employment or official functions are or were related to the City’s use of federal
grant funds and whether federal funds can be provided. I certify that the information I am providing is true and could be subject
to verification at any time by a third party. I also acknowledge that the provision of false information could leave me subject
to the penalties of Federal, State and local law.
WARNING: TITLE 18, SECTION 1001 OF THE U.S. CODE STATES THAT A PERSON IS GUILTY OF A FELONY FOR KNOWINGLY AND WILLINGLY
MAKING FALSE OR FRAUDULENT STATEMENTS TO ANY DEPARTMENT OF THE UNITED STATES GOVERNMENT.
Applicant/Prospective Applicant Signature Date
For City Staff Only: Once this form is completed and if “Yes” is marked on any of the above questions, please return it
to your Compliance Specialist as soon as possible for processing. If you have any questions, please contact Leticia
Rodriguez, Compliance Administrator, Compliance Division, at 817-392-7319, or Charletta Moaning, Sr. Contract
Compliance Specialist, at 817-392-7333 or at charletta.moaning@fortworthtexas.gov.
Neighborhood Services Department-Conflict Disclosure Form, Dated September 23, 2024-City Only
Docusign Envelope ID: 871D111A-98A8-454F-A65E-88E60ADB7483
Fundiiig Approval/Agreeinent
Title I of the Housing and Communily
Development Act (Public Law 930383)
HI-OOS 15R of 20515I2
1. Name of Grantee (as shown in item 5 of Standard Form 424)
City of rort Worth
2. Grantee's Complete Address (as shown in item 5 of Standard Form 424)
100 Fort Worth Trail
Port Worth, TX 76102
Date (mm/dtllyyyy)
B-24-MC-48-0010 � $7,006,875.00(bythis
Grant Agreement: This Grant Agreement behveen 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 no�v in effect and as may be amended from time to time), and tliis Funding Approval, including any additional and/or special
conditions, constitute part of llie Agreement. Subject to the provisions of this Grant Agreement, HUD will make the funding assistance specified here available to Ule
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 speci6ed here unless they are authorized in HUD regulations or approved by waiver and listed in lhe additional and/or special
conditions to the Funding Approval. The Grantee agrees to assume all of the responsibilities for environmental revie�v, decisi on making, and actions, as specified and
required in regulations issued by the Secretary pursuant to Section 104(g) of Tide I and published in 24 CFR Part 58. The Grantee further acknowledges its responsibility
f'or adherence to tlie Atrreement U sub-reci ieut entities to ���hich it makes f'undin assistance hereunder available.
U.S. Department of Housing and Urban Development (By Name) Grantee Name (Contractual Organization)
Shirley J. Henley CITY OF FORT WORTH
Title
CPD Director
Signature
x C�Docu5lgnetl by:
`� �`�"�
SS�6i9dft �Ft]40C..
7. Category of Title I Assistance for
Entitlement, Sec 106(b)
now
N/A
Loan Guarautee Acceptauce Provisim�s fm• Designated Agencies:
The public agency hereby accepts die Grant Agreement executed by the
Department of Housing and Urban Development on the above date �vith
respect to the above grant number(s) as Grantee designated to receive loan
guara�rtee assista��ce, and agrees to comply with the terms a�id conditions
of the Agreement, applicable regulations, a�id other requirements of HUD
now or hereafter in effect, pertaining to the assistance provided it.
HUD Accounting use Only
U.S. Departmcnt of Housing and Urban Development CSC NO. 62��2
Oftice of Conununity Planning and Development
Community Developmei�t Block Grant Program OMB Approval No. 2506-0193
exp 1 /31 /2025
Sep 18, 2024
0. check one
� a. Orig. Funding
Approval
❑ b. Amendment
Amendment Number
FY 2024 FY 2023
$7,006,733.00 $ 142.00
2b. Name and complete Address of Public Agency
��
Effective Date
Batch TAC Program Y A Reg Area Document No. Project Number Category Amount (mmldd/yyyy)
� I 7 6 � � � � � � � �
Pro�ect Number Amount
�
Y Pro'ect Number Amount
�
Date Entered PAS (mm/ddlyyyy) Date Entered LOCCS (mmldd/yyyy) Batch Number Transaction Code Entered By Verifietl By
9/6/2024
(check one)
❑ None
� Attached
. Grantee's 9-digit Tax ID Number 3b. Grantee's 9�digit DUNS Number
756000528 ENS6n4KS I ZL.18 (UEI)
Date use of funds may begin
10/01 /2024
Assistant City Manager
Signature
x�`�
9a. Date HUD Received Submission
(mm/dd/yyyy)
9b. Date Grantee Notified
(mm/dtllyyyy)
9c. Date of Start of Program Year
10/01 /2024
Block Grant
a. Funds Reseroed for this Grantee
b. Funtls now being Approved
c. Reserva6on to be Cancelled
24 CFR 570 form HUD-7082 (5/IS)
Docusign Envelope ID: 871D111A-98A8-454F-A65E-88E60ADB7483
Additional Conditions.
(a) The period of perfoimance and single budget period for the funding assistance
specified in the Funding Approval ("Funding Assistance") shall each begin on the
date specified in itein 4 and shall each end on Septelnber 1, 2031. The Grantee
shall not incur any obligations to be paid with such assistance after September 1,
2031.
(b) The Grantee must complete Addendum #1 to Agreeme�lt "Grantee Indirect Cost
Rate(s)" and return it to HUD with this Agreement. The addendum HUD receives
fi•om the Grantee will be incorporated into and made part of this Agreement,
provided that the rate information is consistent with the applicable requicements
under 2 CFR part 200. The Gt�antee must immediately notify HUD upon any
change in the Grantee's indirect cost t•ate, so that HUD can amend the Agreement
to reflect the change if necessary.
(c) In addition to the conditions contained on form HUD 7082, the gcantee shall
comply with requirements established by the Of�ce of Management and Budget
(OMB) concerning the Dun and Bradstreet Data Univeisal Numbering System
(DLTNS); 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, Repor�ting
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 seelc to use the power of eminent domain, unless
eminent domain is employed only fot� 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 tcansit,
railroad, airport, seaport or higllway projects as well as utility projects which
bene�t or serve the general public (including energy-related, communication-
related, water- related and wastewater-related infi�astructure), other structures
designated for use by the general public or which have other comtnon-carrier or
public-utility functions that setve the general public and are subject to regulation
and oveisight 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 Browniields Revitalization Act (Public Law 107-118) shall
be consideced a public use for purposes of eminent domain.
(e) The Grantee or unit of general local government that directly or indirectly
receives CDBG filnds may not sell, trade, or otherwise teansfer all or any such
portion of such funds to another such entity in exchange foc any other funds,
credits or non-Federal considerations, but must use such funds for activities
eligible under title I of the Act.
(� E.O. 12372-Special Contract Condition - Notwithstanding any other provision of
this agreement, no funds pi�ovided under this agreement inay be obligated or
expended for the planning or construction of water or sewer facilities until receipt
Docusign Envelope ID: 871D111A-98A8-454F-A65E-88E60ADB7483
of wi•itten notification fi�om HUD of the release of funds on coinpletion of the
review procedw•es required undei• Executive Order (E.O.) 12372,
Intergovernmental Review of Federal Pc•ograms, and HUD's implementing
regulations at 24 CFR Part 52. The recipient shall also complete the review
procedures i•equi►�ed under E.O. 12372 and 24 CFR Pact 52 and ceceive weitten
notification fi�am HUD of the release of funds before obligating or expending any
funds pt•ovided under this agreement for any ne�v or revised activity for the
plauning oi• construction of water ot• 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 Fui•ther Continuing Appropriations Act, 2015,
Division K, Title II, Community Development Fund).
(h) The Gr�antee 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 infi�astructure project. Pursuant to
HUD's Notice, "Public Interest Phased Impleinentation 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.
(h) Waste, Fraud, Abuse, and Whistleblower Pt•otections. Any person who becomes
aware of the existence or apparent existence of fraud, waste or abuse of any HUD
award must report such incidents to both the HUD official responsible for the
award and to HUD's Office of Inspector General (OIG). HUD OIG is available to
receive allegations of fraud, waste, and abuse related to HUD programs via its
hotline number (1-800-347-3735) and its online hotline form. You must comply
with 41 U.S.C. § 4712, which includes informing youc einployees in writing of
their rights and remedies, in the predominant native language of the worlcforce.
Under 41 U.S.C. § 4712, employees of a government conti•actor, subcontractor,
grantee, and subgrantee—as well as a personal services contractor—who make a
protected disclosure about a Federal gcant or contract cannot be discharged,
demoted, or otherwise discriminated against as long as they reasonably believe
the information they disclose is evidence of: 1. Gross mismanagement of a
Federal contract or grant; 2. Waste of Federal funds; 3. Abuse of authority
relating to a Federal contract or grant; 4. Substantial and specific danger to public
health and safety; or 5. Violations of law, rule, or regulation related to a Fedecal
contract or grant.
(i) The Grantee will comply with the right to report crime and emergencies
pc•otections at 34 U.S.C. 12495 of the Violence Against Women Act.
Docusign Envelope ID: 871D111A-98A8-454F-A65E-88E60ADB7483
Addendum # 1 to Agreement B-24-MC-48-0010
Grantee Iudirect Cost Rate(s)
As the duly authoi•ized i•epi•esentative of the Gi•antee, I cei•tify tl�at the Gi•antee:
� Will not use an indirect cost i•ate to calculate and charge indirect costs under the grant.
❑ Will calculate and charge indirect costs under the gcant by applying a de r��i��in�is rate as
provided by 2 CFR 200.414( fl, as may be amended fi•om time to tiine.
❑ Will calculate and cl�arge indirect costs under the gcant using the indirect cost rate(s) listed
below, and each rate listed is included in an indirect cost rate proposal developed in accordance
with the applicable appendix to 2 CFR part 200 and, if rectcrirecl, was approved by tlie cognizant
agency for indii•ect costs.
Agency/department/major fimction Indirect cost rate Type of Direct Cost Base
%
%
%
Name of Authorized Of�cial:
Fernando Costa
Siguature:
Date
(inm/dd/YYYY)�
Title:
Assistaut Ci Mana er
X�"�`r'.�.�-
Instructions for the Grantee's Authorized Representative:
Sep 18, 2024
//
You must mark the one (and only one) checkboY above that best reflects how the
Gi•antee's indirect costs will be calculated and charged under the grant. Do not
include indirect cost rate information for suUrecipients.
The table following the third box must be completed only if that boY is checiced.
When listing a i•ate in the table, entei• both the percentage amount (e.g., 10%) and the
type of direct cost base to be used. For example, if the direct cost base used for
calculating indirect costs is Modified Total Dii•ect Costs, then entei• "MTDC" in the
"Type of Dii•ect Cost Base" column.
If using the Simplified Allocation Method foi• indirect costs, enter the applicable
indirect cost rate and type of direct cost base in the fi�st row of the table.
If using the Multiple Allocation Base Method, enter each major function of the
oiganizatiou foi• which a rate was developed and will be used under the grant, the
indirect cost rate applicable to that major function, and the type of direct cost base to
which the rate will be applied.
If the Grantee is a government and more than one agency or depat•tment will carry
otiit activities under the gi•ant, entei• each agency or depactment tliat will cai•iy out
activities under the grant, the indirect cost rate(s) for that agency or depactment, and
the rype of direct cost base to which each rate will be applied.
To learn more about the indirect cost requirements, see 2 CFR part 200, subpart E and
Appendix VII to Part 200 (for staie and local governments).
Conti•act Compliance Managei•:
By signing, I aclalowledge that I am the person responsible for the monitoring and administration
of this contcact, including ensuring all performance and reporting requirements.
K��'
Kacey Bess, Director
Neighborhood Services Department
Approved as to form and legality:
Le ie unt (Sep 18, 2024 08:47 CDT)
Leslie L. Hunt, Senior Assistant City Attorney
Reviewed/Approved:
K�rYr� �c��
Ronald Gonzales, Assistant City Secretary
Attest:
V � .;�-a_��
Jannette S. Goodall, City Secretary
Official site of the City of Fort Worth, Texas
CITY COUNCIL AGENDA
Create New From This M&C
DATE:6/25/2024 REFERENCE NO.:M&C 24-0552 LOG NAME:192024-2025
ACTION PLAN
CODE:C TYPE:NON-CONSENT PUBLIC
HEARING:YES
SUBJECT: (ALL) Conduct Public Hearing and Approve the City of Fort Worth's 2024-2025 Annual
Action Plan for the Use of Federal Grant Funds in the Amount of $13,036,747.00 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 2024-2025 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 $13,036,747.00 from the Community
Development Block Grant, HOME Investment Partnerships Program, Emergency Solutions Grant,
and Housing Opportunities for Persons with AIDS grant programs;
2. Approve the City's 2024-2025 Annual Action Plan for submission to the United States Department
of Housing and Urban Development, including allocations of grant funds to particular programs
and activities as detailed below;
3. Authorize the collection and use of an estimated $50,000.00 of program income which is
expected to result from activities using prior years' Community Development Block Grant funds
for the City's Priority Repair Program;
4. Authorize the collection and use of an estimated $50,000.00 of program income which is
expected to result from activities using prior years' HOME Investment Partnerships Program grant
funds for the City's Homebuyer Assistance Program, and authorize the use of 10 percent of the
program income for administrative costs;
5. Authorize the City Manager or his designee to execute contracts for one-year terms with the
agencies listed in Tables 1, 2, and 3 below for Program Year 2024-2025 for Community
Development Block Grant, Emergency Solutions Grant, and Housing Opportunities for Persons
with AIDS grant funds, contingent upon receipt of funding, and satisfactory completion of all
federal regulatory requirements;
6. Authorize the City Manager or his 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;
7. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in
the Grants Operating Federal Fund in the total amount of $13,136,747.00 consisting of
$7,006,875.00 in Community Development Block Grant funds, $2,763,144.00 in HOME
Investment Partnerships Program funds, $614,768.00 in Emergency Solutions Grant funds, and
$2,651,960.00 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
8. Authorize a waiver of the Neighborhood Services Department indirect cost of 28.10\%, estimated
total of $341,260.45.
Page 1 of 6M&C Review
7/8/2024http://apps.cfwnet.org/council_packet/mc_review.asp?ID=32258&councildate=6/25/202 4
DISCUSSION:
The City's 2024-2025 Annual Action Plan summarizes the major housing and community development
activities and proposed expenditures for the program year beginning October 1, 2024 and ending
September 30, 2025 for use of federal grant funds totaling $13,036,747.00 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, 2024. All proposals were received on March 15, 2024. 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 10, 2024, 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 8, 2024.
A 30-day public comment period was held from May 15, 2024 to June 14, 2024. Notice of this public
comment period was published in La Vida News on May 9, 2024; in the Fort Worth Star-Telegram on May
13, 2024; in Wise County Messenger on May 16, 2024; and in the Cleburne Times Review and the
Weatherford Democrat on May 18, 2024.
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 May 29, 2024, and the second public hearing is
scheduled for the City Council on June 25, 2024.
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 2024-2025 Annual Action Plan will be
submitted to HUD by August 15, 2024.
Indirect costs totaling approximately $341,260.45 could be charged to the CDBG grant, 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. This amount is calculated based on the
estimated salary expenses and other administrative costs for the CDBG program totaling $1,214,450.00.
This amount multiplied by the indirect cost rate of 28.10\% equals $341,260.45.
COMMUNITY DEVELOPMENT BLOCK GRANT
For Program Year 2024-2025, it is recommended that the amount of $7,006,875.00 in CDBG funds and
an estimated amount of $50,000.00 in CDBG program income totaling $7,056,875.00 be allocated as
follows:
Public Service Agencies - $1,051,031.00: Includes social services for low- and moderate-income
persons, persons with disabilities, and disadvantaged persons
Housing Programs - $2,930,000.00: Includes funding for the City's Priority Repair Program, Cowtown
Brush-Up, and accessibility modifications for seniors and persons with disabilities
Major Projects - $644,469.00: Includes funding for multifamily rental rehabilitation
Program Delivery - $980,000.00: Includes program delivery costs for housing programs
Administration - $1,401,375.00: 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
Page 2 of 6M&C Review
7/8/2024http://apps.cfwnet.org/council_packet/mc_review.asp?ID=32258&councildate=6/25/202 4
For Program Year 2024-2025, it is recommended that the amount of $2,763,144.00 in HOME funds and
an estimated amount of $50,000.00 in HOME program income totaling $2,813,144.00 be allocated as
follows:
Homebuyer Assistance Program - $72,358.00: Includes funding for down payment and closing cost
assistance for low- and moderate-income homebuyers
Community Housing Development Organizations (CHDOs) for affordable housing projects -
$414,471.60: These funds will be used by Housing Channel for an affordable housing development in
southeast Fort Worth called Mason Heights. Funds will be used for the acquisition of land and new
construction of 248 residential units comprised of the following: 125 Single Family attached
townhomes, 106 Single Family detached homes, and 17 cottages. An estimated 104 units
(approximately 42\%) will be sold to low to moderate income households at or below 80\% Area
Median Income (AMI). This funding is part of a multi-year commitment to Housing Channel for a total
of five years.
Major Projects - $2,000,000.00: Includes $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 $1,000,000.00 allocated to the multifamily housing project, Columbia Renaissance -
Phase III
Administration - $276,314.40: 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 2024-2025, it is recommended that the amount of $2,651,960.00 in HOPWA funds be
allocated as follows:
Public Service Agencies - $1,626,781.00
Neighborhood Services Department - $945,620.00
Administration - $79,559.00
EMERGENCY SOLUTIONS GRANT
For Program Year 2024-2025, it is recommended that the amount of $614,768.00 in ESG funds to be
allocated as follows:
Public Service Agencies - $568,660.00
Administration - $46,108.00
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
Housing Channel Affordable Housing
Housing Counseling &
Education $111,000.00
Meals-On-Wheels, Inc. of
Tarrant County Aging In Place Nutrition Program $75,000.00
Sixty and Better, Inc. Aging In Place
Increasing Access to
Basic Needs for Senior
Adults
$50,000.00
AB Christian Learning Center Children and Youth
Services
Out of School Time
Program $90,000.00
$80,000.00
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Boys & Girls Clubs of Greater
Tarrant County, Inc.
Children and Youth
Services
Youth Development at
Eastside Branch
Camp Fire First Texas Children and Youth
Services Teens In Action $78,300.00
Girls Incorporated of Tarrant
County
Children and Youth
Services
Girls Inc. of Tarrant
County $100,000.00
Junior Achievement of the
Chisholm Trail, Inc.
Children and Youth
Services
Cradle to Career
Initiative $50,000.00
United Community Centers,
Inc.
Children and Youth
Services
Holistic Educational
Literacy Program $90,000.00
Easter Seals North Texas, Inc.Economic Empowerment
and Financial Resilience Employment Services $60,000.00
Taste Project Economic Empowerment
and Financial Resilience
Culinary Workforce
Development Program $25,000.00
The Ladder Alliance Economic Empowerment
and Financial Resilience
Tarrant County
Workforce
Development
$81,731.00
The Women's Center of Tarrant
County, Inc.
Economic Empowerment
and Financial Resilience Employment Solutions $60,000.00
Your Harvest House, Inc.Economic Empowerment
and Financial Resilience Client Aid Services $25,000.00
Cancer Care Services Healthy Living and
Wellness
Increasing Health
Equity by Decreasing
Health Disparities
$50,000.00
Tarrant Area Food Bank Healthy Living and
Wellness Home Delivery $25,000.00
CDBG Public Services Agencies Total $1,051,031.00
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
Housing Preservation
and Rehabilitation Cowtown Brush Up $455,000.00
CDBG Subrecipient Agencies Total $620,000.00
TOTAL CDBG CONTRACTS $1,671,031.00
Housing Opportunities for Persons with AIDS Contracts
TABLE 2: HOPWA AGENCIES
AGENCY CONSOLIDATED PLAN
GOAL PROGRAM AMOUNT
AIDS Outreach
Center, Inc.
Homelessness Prevention
and Special Needs
Support
The Housing Assistance
Program
- Administration, Tenant-
Based Rental Assistance
(TBRA), Short-Term
Rent, Mortgage, and
Utility Assistance
$326,781.00
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(STRMU), Supportive
Services
Tarrant County
Samaritan Housing,
Inc.
Homelessness Prevention
and Special Needs
Support
HOPWA Program -
Administration, Tenant-
Based Rental Assistance
(TBRA), Short-Term
Rent, Mortgage, and
Utility Assistance
(STRMU), Supportive
Services, Facility-Based
Operations (FBO)
$1,300,000.00
TOTAL HOPWA CONTRACTS $1,626,781.00
Emergency Solutions Grants Contracts
TABLE 3: ESG AGENCIES
AGENCY CONSOLIDATED PLAN
GOAL PROGAM AMOUNT
The Presbyterian Night
Shelter of Tarrant County,
Inc.
Homelessness Prevention and
Special Needs Support
Shelter
Operations/Services $127,345.00
Lighthouse for the
Homeless dba True Worth
Place
Homelessness Prevention and
Special Needs Support
Day Shelter
Operations/Services $138,851.00
SafeHaven of Tarrant
County
Homelessness Prevention and
Special Needs Support
Shelter
Operations/Services $75,000.00
Center for Transforming
Lives
Homelessness Prevention and
Special Needs Support Rapid Re-Housing $75,901.00
The Salvation Army Homelessness Prevention and
Special Needs Support
Homelessness
Prevention $151,563.00
TOTAL ESG CONTRACTS $568,660.00
All figures have been rounded to the nearest dollar for presentation purposes.
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 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.
These programs are available in ALL COUNCIL DISTRICTS.
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Fund Department
ID
Account Project
ID
Program Activity Budget
Year
Reference #
(Chartfield 2)
Amount
Fund Department
ID
Account Project
ID
Program Activity Budget
Year
Reference #
(Chartfield 2)
Amount
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. These are reimbursement grants.
TO
FROM
Submitted for City Manager's Office by:Fernando Costa (6122)
Originating Department Head:Kacey Bess (8187)
Additional Information Contact:Sharon Burkley (5785)
Rhonda Hinz (2573)
ATTACHMENTS
19NS ACTION PLAN 2024_Agency Form 1295 Forms.pdf (CFW Internal)
2024-2025 Action Plan_Secretary of State Filings.pdf (CFW Internal)
Action Plan Budget-Staff Recommendations_052924.pptx (CFW Internal)
IR_2024-2025 ACTION PLAN.docx (CFW Internal)
ORD.APP192024-2025 ACTION PLANFY24_AO(r7).docx (Public)
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