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HomeMy WebLinkAboutContract 628481 2024-2025 CDBG CONTRACT COWTOWN BRUSHUP PROGRAM TRINITY HABITAT FOR HUMANITY STATE OF TEXAS § § COUNTY OF TARRANT § City of Fort Worth Trinity Habitat for Humanity . City and Agency may 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 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 will use CDBG funds for a program to serve individuals and families, 100% of whom must be low and moderate income; and WHEREAS, City citizens, the Community Development Council, and the City Council have determined that CDBG 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 - 2024 HUD Income Limits. Business Diversity Enterprise Ordinance or BDE Ordinance, Ordinance No. 25165-10-2021, as may be amended from time to time. CDBG means Community Development Block Grant. Complete Documentation means the following documentation as applicable: Attachments I, II, III, IV with supporting documentation including: o Proof of expense: copies of timesheets, invoices, leases, service or construction/vendor contracts or other documentation showing that payment is due by Agency. 2 2024-2025 CDBG CONTRACT COWTOWN BRUSHUP PROGRAM TRINITY HABITAT FOR HUMANITY 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: Source Documentation for all clients participating in the Program. Complete Documentation shall meet the standards described in the attached EXHIBIT - Standards of 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. DBE means disadvantaged business enterprise in accordance with 49 CFR Part 26. Director means the Director of the Neighborhood Services Department designee. Effective Date means the date of execution of the contract. HUD means the United States Department of Housing and Urban Development. IDIS means Integrated Disbursement Information 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, 100% of the clients served by the Program must be Income Eligible Clients. Neighborhood Services Department means the City OMB means the Office of Management and Budget. Program means the services described in EXHIBIT Program Summary. Reimbursement Request means all reports and other documentation described in Section 9. Termination Date means 15 months after the Effective Date of the contract. 3 2024-2025 CDBG CONTRACT COWTOWN BRUSHUP PROGRAM TRINITY HABITAT FOR HUMANITY 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 15 months after contract execution. An extension of up to one year is available for this project. 4. DUTIES AND RESPONSIBILITIES OF CITY. 4.1 Provide CDBG Funds. City shall provide up to $500,000.00 of CDBG Funds under the terms and conditions of this Contract . 4.2 Monitor. City will monitor the activities and performance of Agency and any of its contractors, subcontractors or vendors as necessary, but no less than annually. Monitoring by City will include determining whether Agency is meeting the National Objective during the term of this Contract. 5. DUTIES AND RESPONSIBILITIES OF AGENCY. 5.1 Required Services. Agency shall perform the services described in EXHIBIT 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. 4 2024-2025 CDBG CONTRACT COWTOWN BRUSHUP PROGRAM TRINITY HABITAT FOR HUMANITY 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 in writing, with such approval Budget Amended Budget Amended Budget will take effect on the first day of the month following the month in which it was approved by Director, unless otherwise specified in the amendment. All requests for Budget amendments must be submitted no later than two months prior to contract termination. 5.2.3 Change in Program Budget. 5.2.3.1 Agency will notify City promptly of any additional funds it receives for operation of the Program, and City reserves the right to amend this Contract in such instances to ensure compliance with HUD regulations governing cost allocation. 5.2.3.2 Agency agrees to utilize the CDBG Funds to supplement rather than supplant funds otherwise available for the Program. 5.2.4 Payment of CDBG Funds to Agency. CDBG Requests including submission of Complete Documentation to City in compliance with Section 9. If Agency expends all funds budgeted for the Program prior to Termination Date 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 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 EXHIBIT Program Summary Month Expenditures Unduplicated Clients as specified in EXHIBIT Program Summary 3 25% 25% 6 50% 50% 9 75% 75% 12 100% 100% 5 2024-2025 CDBG CONTRACT COWTOWN BRUSHUP PROGRAM TRINITY HABITAT FOR HUMANITY 5.3.2 Failure of Agency to meet these milestones or a material deviation from them as material deviation 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) CDBG Funds, or (iii) terminate this Contract. 5.3.3 Failure to meet at least 80% of its performance milestones, or serve 68 Unduplicated Clients of the 85 proposed Unduplicated Clients, may disqualify Agency for consideration of future contract award for federal grant funds. 5.3.4 Amendments to performance milestones regarding CDBG funds must be approved Amended Performance Milestones Amended Performance Milestones will take effect on the first day of the month following the month in which it was approved by Director, unless otherwise specified in the amendment. All requests for amendments to performance milestones must be submitted no later than two months prior to Termination Date. Notwithstanding the above, any amendments to this Contract shall not reduce the number of Unduplicated Clients stated in Section 5.3.3 and in EXHIBIT - Program Summary. 5.4 Identify Program Expenses Paid with CDBG Funds. 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 6. CLIENT ELIGIBILITY VERIFICATION. 6.1 Client Eligibility. Agency will document client eligibility as follows: 6.1.1 Agency Clients. . 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 100% of them must be Income Eligible Clients. 6 2024-2025 CDBG CONTRACT COWTOWN BRUSHUP PROGRAM TRINITY HABITAT FOR HUMANITY 6.1.1.1 All Program clients must be reported on EXHIBIT Reimbursement Forms, Attachment III. Any Agency clients for which the appropriate Source Documentation is not obtained shall be presumed ineligible. 6.2 Submission of Complete Documentation. Agency must submit copies of documentation of client eligibility described in Section 6.1 with Attachment III with Reimbursement Request for all Unduplicated Clients. 6.3 Maintain Documentation. Agency must maintain copies of all documentation required by this Section 6 for 5 years following the expiration of the Contract term. This Section shall survive the earlier termination or expiration of this Contract. 7. ADDITIONAL CDBG REQUIREMENTS. Agency agrees to comply with all requirements of the CDBG Program as stated in the CDBG Regulations, including but not limited to the following: 7.1 Environmental Review. CDBG Funds will not be paid, and costs cannot be incurred on a given site until City has conducted an environmental review and completed an Environmental Review Record for that site as required by 24 CFR Part 58. The individual environmental reviews 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. 7.1.2 Environmental Mitigation. If applicable, Agency must take the mitigation actions outlined in - Environmental Review Procedures. Failure to complete the required mitigation action is an event of default under this Contract. 7.2 Contract Not Constituting Commitment of Funds. Notwithstanding any provision of this Contract, the Parties agree and acknowledge that this Contract does not constitute a commitment of funds, and that such commitment of funds or approval may occur only upon (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 2023-2027 Consolidated Plan/2023-2024 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 7 2024-2025 CDBG CONTRACT COWTOWN BRUSHUP PROGRAM TRINITY HABITAT FOR HUMANITY this Contract. Agency is subject to such monitoring during the term of this Contract and for 5 years after the Contract term ends. Agency will provide reports and access to Program files as requested by City during this 5 year period. For purposes of this Contract, this 5 year period for monitoring is deemed to begin immediately following the expiration or termination of this Contract. 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 CDBG 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- the terms and conditions of this Contract. City shall provide Agency with a written report of the 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 of any of its programs and single audits. Such results shall be submitted within 60 days of receipt of such state or federal monitoring report, or with the January Reimbursement Request, whichever is earlier. 7.4 Agency Procurement Standards. Agency shall comply with all applicable federal, state and local laws, regulations, and ordinances for making procurements under this Contract. In addition to the conflict of interest provisions in Section 14.13.3, Agency shall establish written procurement procedures to ensure that materials and services are obtained in a cost effective manner and that provide for full and open competition. Agency shall provide a copy of such procurement procedures to City before the first payment for construction services is processed. 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 include provisions governing termination for cause and convenience including the manner by which such termination shall be affected 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 SAM Agency must confirm by search of SAM that all contractors paid with CDBG Funds are not listed by SAM as being debarred, both 8 2024-2025 CDBG CONTRACT COWTOWN BRUSHUP PROGRAM TRINITY HABITAT FOR HUMANITY prior to contract execution and prior to submitting a Reimbursement Request which includes invoices from any such contractor. Failure to submit such proofs of search shall be an event of default. 7.5 Cost Principles/Cost Reasonableness. Agency shall administer its use of CDBG Funds in compliance with 2 CFR Part 200, as applicable. The eligibility of costs incurred for performance rendered shall be determined in accordance with 2 CFR Part 200.400 through 2 CFR Part 200.475. 7.6 Financial Management Standards. Agency agrees to comply with 2 CFR Part 200, as applicable. Agency also agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary supporting and back-up documentation for all costs incurred in accordance with 2 CFR Part 200.302 and Part 200.303. 7.7 Uniform Administrative Requirements, Cost Principles, and Audit Requirements. Agency will comply with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards in 2 CFR Part 200, as applicable, or any reasonably equivalent procedures and requirements that City may require. 7.8 Terms Applicable to Contractors, Subcontractors and Vendors. Agency understands and agrees that all terms of this Contract, whether regulatory or otherwise, shall apply to any and all contractors, subcontractors and vendors of Agency which are in any way paid with CDBG Funds or who perform any work in connection with the Program. Agency shall cause all applicable provisions of this Contract to be included in and made a part of any contract or subcontract executed in the performance of its obligations hereunder including its obligations regarding the CDBG Regulations. Agency shall monitor the services and work performed by its contractors, subcontractors and vendors on a regular basis for compliance with the CDBG Regulations and Contract provisions. Agency must cure all violations of the CDBG Regulations committed by its contractors, subcontractors or vendors. City maintains the right to CDBG Regulations and Agency is responsible for such compliance regardless of whether actions taken to fulfill the 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 7.10 Conflict of Interest Disclosure. In accordance with the requirements of Section 14.13.2.1 and 14.13.4, Agency shall 9 2024-2025 CDBG CONTRACT COWTOWN BRUSHUP PROGRAM TRINITY HABITAT FOR HUMANITY establish conflict of interest policies for federal awards. Agency shall disclose to City in writing any potential conflict of interest. Additionally, all applicants for Agency services shall be required to complete the attached conflict of interest form incorporated herein as Conflict of Interest Disclosure Form and disclose any potential conflict of interest to both Agency and designated Contract Administrator. City Compliance Specialist(s) will review information to determine whether CDBG Conflict of Interest requirements will apply. The Contract Administrator will notify Agency of appropriate next steps at that time. 7.11 Compliance with FFATA and Whistleblower Protections. Agency shall comply with the requirements of 2 CFR 300(b), including provisions of the FFATA 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 UEI 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 c Organizations of the Treadway COSO 7.12.2 Comply with federal statutes, regulations, and the terms and conditions of this Contract; 7.12.3 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. 7.13 Lead Safe Housing Rule. Agency will ensure compliance with the Lead Safe Housing Rule at 24 CFR Part 35, as applicable. This includes but is not limited to Provision of Lead Hazard Information pamphlet, use of Lead Certified contractors, use of Lead-Safe work practices, and clearance of the work site, 10 2024-2025 CDBG CONTRACT COWTOWN BRUSHUP PROGRAM TRINITY HABITAT FOR HUMANITY as applicable to the age of the housing unit and the extent of rehabilitation. Agency shall certify . as defined by HUD are as follows: 20 square feet (2 square meters) on exterior surfaces; 2 square feet (0.2 square meters) in any one interior room; or 10 percent of the total surface area on an interior or exterior type of component with a small surface area (such as window sills, baseboards, and trim). Agency shall submit Lead Safe Hazard Certification to City when appropriate. 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 Specifically, Agency will keep or cause to be kept an accurate record of all actions taken and all funds spent, with supporting and back-up documentation. Agency will maintain all records and documentation related to this Contract for 5 years after the Contract term ends. If any claim, litigation, or audit is initiated before the expiration of the 5 year period, the relevant records and documentation must be retained until all such claims, litigation or audits have been resolved. For purposes of this Contract, this 5 year period for record retention is deemed to begin immediately following the expiration or termination of this Contract. 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 5 years after the Contract term ends. Such access shall be during regular business hours and upon at least 48 hours prior notice. For purposes of this Contract, this 5 year period for access to records is deemed to begin immediately following the expiration or termination of this Contract. 8.3 Reports. Agency will submit to City all reports and documentation described in this Contract in such form as City may prescribe. Agency may also be required to submit a final performance and/or final financial report if required by City at the termination of this Contract in such form and within such times as City may prescribe. Failure to submit to City any report or documentation described in this Contract shall be an event of default of this Contract and City may exercise all of its remedies for default under this Contract. 8.3.1 Additional Information. Agency shall provide City with additional information as may be required by state or federal agencies to substantiate Program activities and/or expenditure eligibility. 8.4 Change in Reporting Requirements and Forms. City retains the right to change reporting requirements and forms at its discretion. City will notify Agency in writing at least 15 days prior to the effective date of such change, and the 11 2024-2025 CDBG CONTRACT COWTOWN BRUSHUP PROGRAM TRINITY HABITAT FOR HUMANITY 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 or more in Federal Funds Per Year. All non-federal entities that expend $1,000,000 or more in federal funds within 1 year, regardless of the source of the federal award, must submit to City an annual audit prepared in accordance with specific reference to 2 CFR Part 200.501 through Part 200.521. The audit shall by an independent certified public accountant, be completed within 6 months following the end of the period being audited and be submitted to City within 30 certification is attached hereto as EXHIBIT 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 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. tions and finances at any time during the term of this Contract and for 5 years after the Contract term ends if City CDBG Regulations or other City policies. Agency agrees to allow access to all pertinent materials as described herein for such audit. For purposes of this Contract, this 5 year period for City audit is deemed to begin immediately following the expiration or termination of this Contract. If such audit reveals a questioned practice or expenditure, such questions must be resolved within 15 business days after notice to Agency of such questioned practice or expenditure. If questions are not resolved within this period, City reserves the right to withhold further funding under this Contract and/or any other contracts with Agency. IF AS A RESULT OF ANY AUDIT IT IS DETERMINED THAT AGENCY HAS FALSIFIED ANY DOCUMENTATION OR MISUSED, MISAPPLIED OR MISAPPROPRIATED CDBG FUNDS OR SPENT CDBG FUNDS ON ANY INELIGIBLE ACTIVITIES, AGENCY AGREES TO REIMBURSE CITY THE AMOUNT OF SUCH MONIES PLUS THE AMOUNT OF ANY SANCTIONS, PENALTY OR OTHER CHARGE LEVIED AGAINST CITY BY HUD BECAUSE OF SUCH ACTIONS. 9. REIMBURSEMENT REQUIREMENTS. 9.1 Deadline for Submitting Reimbursement Requests. 9.1.1 Reimbursement Requests shall be submitted monthly to the City and must be received by the City on or before the 15th day of the month following the month expenses were paid by Agency. For example, the Reimbursement Request for June expenses must be received by July 15. In the event the 15th falls on a weekend or City holiday, Reimbursement Requests shall be due the next day that the City is open for business. Failure to submit a Reimbursement Request in a timely fashion will result in City taking the actions outlined in Section 10.1. NOTWITHSTANDING ANYTHING ABOVE, THE REIMBURSEMENT REQUEST FOR EXPENSES INCURRED FOR MAY 2026 AND ALL 12 2024-2025 CDBG CONTRACT COWTOWN BRUSHUP PROGRAM TRINITY HABITAT FOR HUMANITY SUPPORTING DOCUMENTATION MUST BE RECEIVED BY JUNE 15, 2026. FAILURE TO SUBMIT A FINAL REIMBURSEMENT REQUEST WITH COMPLETE DOCUMENTATION BY JUNE 15, 2026 WILL RESULT IN AUTOMATIC FORFEITURE OF PAYMENT OF THE MAY REIMBURSEMENT REQUEST. 9.1.2 City will notify Agency by e-mail within 20 calendar days if a Reimbursement Request is lacking Complete Documentation or corrections are needed. Agency will have 10 business days from the date of the e-mail notice to submit any requested information or missing documentation. Agency may be penalized in the Request for Proposal or Notice of Funding Availability (NOFA) process for subsequent Program Years for any notifications received under this Section. If Agency fails to submit all the required information or missing documentation within 30 calendar days from the first e-mail, Agency shall forfeit any payments otherwise due that month and failure to submit any requested information will be considered an event of default as outlined in Section 10.1.2. 9.2 Submission of Reimbursement Requests. Agency shall provide City with Complete Documentation and the following reports as shown in EXHIBIT Reporting Forms with each Reimbursement Request: 9.2.1 Attachment I Invoice. This report shall contain the amount requested for reimbursement each month, the cumulative reimbursement requested to date (inclusive of that mo . 9.2.2 Attachment II Expenditure Worksheet. This report shall itemize each expense requested for reimbursement by Agency and shall include the Account corresponding the expense to a Budget line item. In order for this report to be complete the following must be submitted: 9.2.2.1 For payroll expenses, timesheets signed by employees and approved by supervisor for all payroll expenses listed. Timesheets must distinguish between CDBG-funded time and non-CDBG funded time and reflect actual time spent on CDBG-funded activities. Agency may not submit payroll expenses dated 60 calendar days prior to the date of the Reimbursement Request. 9.2.2.2 For non-payroll expenses, invoices for each expense listed with an explanation as to how the invoiced expense pertains to the Program. Agency may not submit invoices dated 60 calendar days prior to the date of the Reimbursement Request. 9.2.2.3 Proof that each expense was paid by Agency, which proof can be satisfied by cancelled checks, wire transfer documentation, paid receipts or other appropriate banking documentation. 9.2.3 Attachment III Client Data Report. This report shall list each 13 2024-2025 CDBG CONTRACT COWTOWN BRUSHUP PROGRAM TRINITY HABITAT FOR HUMANITY 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 Source Documentation of income verification for each Unduplicated Client the first time the client is served by the Program 9.2.4 Attachment IV - Leverage of Funds Report. This report shall list all funds and resources leveraged for the direct costs of the Program, to include donated funds, donated materials and supplies, the value of discounted materials and supplies, and donated volunteer labor. The report shall specify the amounts of each type of leverage, the date it was provided, and the client addresses at which funds were expended. 9.2.5 Delivery of Reimbursement Request. Reimbursement Requests shall be submitted electronically via Neighborly. In the event that Neighborly experiences unforeseen issues or complications, Agency may submit Reimbursement Requests via email, or by other agreed upon method(s), per 9.3 Withholding Payment. CITY SHALL HAVE NO OBLIGATION TO PAY ANY REIMBURSEMENT REQUEST THAT IS NOT RECEIVED BY THE DUE DATE. Failure to timely submit Reimbursement Requests and Complete Documentation along with any required reports shall be an event of default. 10. DEFAULT AND TERMINATION. 10.1 Failure to Submit Reimbursement Request or Required Documentation. 10.1.1 If Agency fails to submit a Reimbursement Request in accordance with Section 9, Agency shall be in default of this Contract. City will notify Agency in writing of such default and the Agency will have 10 business days from the date of the written notice to submit such Reimbursement Request to cure the default. If Agency fails to cure the default within such time, Agency shall forfeit any payments otherwise due that month. 10.1.2 If Agency fails to submit requested information or missing documentation as set forth in Section 9.1.2, then Agency shall forfeit payment due that month and the failure to submit shall be considered an event of default that shall not be cured. 10.1.3 Notwithstanding THE PROVISIONS OF SECTION 10.1.1 or 10.1.2, IF AGENCY FAILS TO SUBMIT the Reimbursement request due January 15, 2026, or if the submitted Reimbursement 14 2024-2025 CDBG CONTRACT COWTOWN BRUSHUP PROGRAM TRINITY HABITAT FOR HUMANITY Request for December 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. 10.1.4 In the event of (i) an uncured default under Section 10.1.1 or an event of default under 10.1.2 or (ii) more than 2 instances of default, cured or uncured, under these Sections, City reserves the right at its sole option to terminate this Contract effective immediately upon written notice of such intent with no penalty or liability to City. 10.1.5 Notwithstanding anything to the contrary herein, City will not be required to pay any CDBG Funds to Agency during the period that any Reimbursement Request, report or documentation is past due or is not in compliance with this Contract or the CDBG Regulations, or during any period during which Agency is in default of this Contract. 10.1.6 In the event of termination under this Section 10.1, all CDBG Funds awarded but unpaid to Agency pursuant to this Contract shall be immediately forfeited and Agency shall have no further right to such funds. 10.2 Failure to Maintain Records or Submit Reports and Documentation. If Agency fails to maintain all records and documentation as required in Section 8, or if the maintained or submitted report or documentation is not in compliance with this Contract or the CDBG Regulations as determined by City in its sole discretion, City will notify Agency in writing and Agency will have 30 calendar days from the date of the written request to obtain or recreate the missing records and documentation or submit or resubmit any such report or documentation to City. If Agency fails to maintain the required reports or documentation, or fails to submit or resubmit any such report or documentation within such time, City shall have the right to terminate this Contract effective immediately upon written notice of such intent with no penalty or liability to City. 10.2.1 In the event of termination under this Section 10.2, all CDBG Funds awarded but unpaid to Agency pursuant to this Contract shall be immediately forfeited and Agency shall have no further right to such funds, and any CDBG Funds paid to Agency must be repaid to City within 30 days of termination. If such CDBG Funds are not repaid to City within the 30 day period, City shall exercise all legal remedies available under this Contract. 10.3 In General. 10.3.1 Subject to Section 10.2, and unless specifically provided otherwise in this Contract, Agency shall be in default under this Contract if Agency breaches any term or condition 15 2024-2025 CDBG CONTRACT COWTOWN BRUSHUP PROGRAM TRINITY HABITAT FOR HUMANITY of this Contract. In the event that such a breach remains uncured after 30 calendar days following written notice by City (or such other notice period as may be specified herein) or, if Agency has diligently and continuously attempted to cure following receipt of such written notice but reasonably requires more than 30 calendar days to cure, as determined by both Parties mutually 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 10.3.2.1 Direct Agency to prepare and follow a schedule of actions for carrying out the affected activities, consisting of schedules, timetables and milestones necessary to implement the affected activities. 10.3.2.2 Direct Agency to establish and follow a management plan that assigns responsibilities for carrying out the remedial activities. 10.3.2.3 Reprogram CDBG Funds that have not yet been expended from affected activities to other eligible activities or withhold CDBG Funds. 10.3.2.4 Any other appropriate action including but not limited to any remedial action legally available such as declaratory judgment, specific performance, damages, temporary or permanent injunctions, termination of this Contract or any other contracts with Agency, and any other available remedies. 10.3.3 In the event of termination under this Section 10.3, all CDBG Funds awarded but unpaid to Agency pursuant to this Contract shall be immediately forfeited and Agency shall have no further right to such funds, and any CDBG Funds already paid to Agency must be repaid to City within 30 days of the termination. Failure to repay such CDBG Funds within the 30 day period will result in City exercising all legal remedies available under this Contract. 10.4 No Funds Disbursed while in Breach. Agency understands and agrees that no CDBG Funds will be paid to Agency until all defaults are cure 10.5 No Compensation After Date of Termination. Agency shall not receive any compensation for work undertaken after the date of the termination. 10.6 Rights of City Not Affected. Termination shall not affect or terminate any of the existing rights of City against Agency, 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 16 2024-2025 CDBG CONTRACT COWTOWN BRUSHUP PROGRAM TRINITY HABITAT FOR HUMANITY 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 Age failure to perform subject to notice, grace and cure periods. In the event City terminates this Contract for cause, all CDBG Funds awarded but unpaid to Agency pursuant to this Contract shall be immediately rescinded and Agency shall have no further right to such funds and any CDBG Funds already paid to Agency must be repaid to City within 30 days of termination. Failure to repay such CDBG Funds within 30 days will result in City exercising all legal remedies available to City under this Contract. AGENCY ACKNOWLEDGES AND AGREES THAT IF CITY TERMINATES THIS CONTRACT FOR CAUSE, AGENCY OR ANY AFFILIATES OF AGENCY SHALL NOT BE CONSIDERED FOR ANY OTHER CITY CONTRACT FOR CDBG FUNDS FOR A MINIMUM OF 5 YEARS FROM THE DATE OF TERMINATION. 10.9.2 Agency may terminate this Contract if City does not provide the CDBG Funds substantially in accordance with this Contract. 10.10 Termination for Convenience. In terminating in accordance with 2 CFR Part 200, Appendix II, this Contract may be terminated in whole or in part only as follows: 10.10.1 By City with the consent of Agency in which case the Parties shall agree upon the termination conditions, including the effective date and in the case of partial termination, the portion to be terminated; or 10.10.2 By Agency upon at least 30 days written notification to City, setting forth the reasons for such termination, the effective date, and in the case of partial termination, the portion to be terminated. In the case of a partial termination, City may terminate the Contract in its entirety if City determines in its sole discretion that the remaining portion of the Contract to be performed or CDBG Funds to be spent will not accomplish the purposes for which the Contract was made. 10.10.3 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 17 2024-2025 CDBG CONTRACT COWTOWN BRUSHUP PROGRAM TRINITY HABITAT FOR HUMANITY will 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. 10.11 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 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 for such repayment. 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 CDBG grant or other federal grant funds, in addition to the finding by HUD or a required repayment of funds to HUD by City. Therefore, the Parties agree that payment under this Section of 10% of the CDBG Funds by Agency to City is liquidated damages and not a penalty. 12. CHANGE IN NON-PROFIT STATUS. Agency must provide City with written notification of any changes to its non-profit status within 15 calendar days of being notified of the change. Regardless of notice by Agency, if the non-profit status of Agency changes after the date of this Contract, City may but is not obligated to, terminate this Contract. In the event of termination under this Section 12, all CDBG Funds awarded but not yet paid to Agency pursuant to this Contract shall be immediately rescinded and Agency shall have no further right to such funds. City, in its sole discretion, may require that any CDBG Funds already paid to Agency must be repaid to City within 30 calendar days of termination under this Section. 13. SURVIVAL. Any provision of this Contract that pertains to indemnity obligations, auditing, monitoring, client income eligibility, record keeping and reports, reporting requirements, City ordinances, or applicable CDBG requirements, and any default and enforcement provisions necessary to enforce such provisions, shall survive the termination of this Contract for 5 years after the Contract term ends and shall be enforceable by City against Agency. For purposes of this Contract, this 5 year period for survival of certain Contract provisions is deemed to begin immediately following the 18 2024-2025 CDBG CONTRACT COWTOWN BRUSHUP PROGRAM TRINITY HABITAT FOR HUMANITY expiration or termination of this Contract. 14. GENERAL PROVISIONS. 14.1 Agency an Independent Contractor. Agency shall operate hereunder as an independent contractor and not as an officer, agent, servant or employee of City. Agency shall have exclusive control of, and the exclusive right to control, the details of the work and services performed hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, members, agents, servants, employees, contractors, subcontractors, vendors, clients, licensees or invitees. 14.2 Doctrine of Respondeat Superior. The doctrine of respondeat superior shall not apply as between City and Agency, or its officers, members, agents, servants, employees, contractors, subcontractors, vendors, clients, licensees or invitees, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Agency. City does not have the legal right to control the details of the tasks performed hereunder by Agency, its officers, members, agents, employees, contractors, subcontractors, vendors, clients, licensees or invitees. 14.3 Agency Property. City shall under no circumstances be responsible for any property belonging to Agency, or its officers, members, agents, employees, contractors, subcontractors, vendors, clients, licensees or invitees that may be lost, stolen or destroyed or in any way damaged and AGENCY HEREBY INDEMNIFIES AND HOLDS HARMLESS CITY AND ITS OFFICERS, AGENTS, AND EMPLOYEES FROM ANY AND ALL CLAIMS OR SUITS PERTAINING TO OR CONNECTED WITH SUCH PROPERTY. 14.5 Religious Organization. Agency shall comply with all applicable requirements as more particularly described in 24 CFR Part 5.109. No portion of the CDBG Funds shall be used in support of any sectarian or religious activity. In addition, there must be no religious or membership criteria for clients of a CDBG-funded service. 14.5.1. Separation of Explicitly Religious Activities. Agency retains its independence and may continue to carry out its mission, including the definition, development practice, and expression of its religious beliefs, provided that it does not use CDBG Funds to support or engage in any explicitly religious activities (including activities that involve overt religious content such as worship, religious instruction, or proselytization), or in any other manner prohibited by law. 14.5.2 Explicitly Religious Activities. If Agency engages in explicitly religious activities (including activities that involve overt religious content such as worship, religious instruction, or proselytization), the explicitly religious activities must be offered separately, in time or location, from the programs or activities supported by CDBG Funds and participation must be voluntary for clients of a CDBG-funded service. 14.5.3 Required Notices. 19 2024-2025 CDBG CONTRACT COWTOWN BRUSHUP PROGRAM TRINITY HABITAT FOR HUMANITY If Agency constitutes a Faith-based organization under 24 CFR Part 5.109, Agency must provide all clients of a CDBG-funded service with a Notice of Beneficiary Rights, available upon request from City staff. Such notice shall be provided to the client prior to enrollment in any CDBG-funded program or activity. In addition, if a client or prospective client of a CDBG-funded service objects to the religious character of Agency, then Agency must promptly undertake reasonable efforts to identify and refer the client or prospective client to an alternate provider to which the client or prospective client has no such objection, as more particularly described in 24 CFR Part 5.109. 14.6 Venue. Venue shall lie in Tarrant County, Texas for any action, whether real or asserted, at law or in equity, arising out of the execution, performance, attempted performance or non-performance of this Contract. 14.7 Governing Law. This Contract shall be governed by and construed in accordance with the laws of the State of Texas. If any action, whether real or asserted, at law or in equity, arises out of the execution, performance or non-performance of this Contract or on the basis of any provision herein, for any issue not governed by federal law, the choice of law shall be the laws of the State of Texas. 14.8 Severability. The provisions of this Contract are severable, and if for any reason a clause, sentence, paragraph or other part of this Contract shall be determined to be invalid by a court or federal or state agency, board or commission having jurisdiction over the subject matter thereof, such invalidity shall not affect other provisions which can be given effect without the invalid provision. 14.9 Written Agreement Entire Contract. This written instrument and the Exhibits, Attachments, and Addendums attached hereto, which are incorporated by reference and made a part of this Contract for all purposes, constitute the entire agreement by the Parties concerning the work and services to be performed under this Contract. Any prior or contemporaneous oral or written agreement which purports to vary the terms of this Contract shall be void. Any amendments to the terms of this Contract must be in writing and executed by the Parties. 14.10 Paragraph Headings for Reference Only, No Legal Significance; Number and Gender. The paragraph headings contained herein are for convenience in reference to this Contract and are not intended to define or to limit the scope of any provision of this Contract. When context requires, singular nouns and pronouns include the plural and the masculine gender shall be deemed to include the feminine or neuter and the neuter gender to include the masculine and feminine. 14.11 Compliance With All Applicable Laws and Regulations. Agency agrees to comply fully with all applicable laws and regulations that are currently in effect or that are hereafter amended during the performance of this Contract. Those laws include, but are not limited to: 20 2024-2025 CDBG CONTRACT COWTOWN BRUSHUP PROGRAM TRINITY HABITAT FOR HUMANITY CDBG Regulations found in 24 CFR Part 570 Title I of the Housing and Community Development Act of 1974, as amended, (42 USC 5301) Title VI of the Civil Rights Act of 1964 (42 U.S.C. Sections 2000d et seq.) including provisions requiring recipients of federal assistance to ensure meaningful access by persons of limited English proficiency The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. Sections 3601 et seq.) Executive Orders 11063, 11246 as amended by 11375 and 12086 and as supplemented by Department of Labor regulations 41 CFR Part 60 The Age Discrimination in Employment Act of 1967 The Age Discrimination Act of 1975 (42 U.S.C. Sections 6101 et seq.) The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 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. 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 repai - (18 U.S.C. 874) as supplemented in 29 CFR Part 5 For construction contracts awarded by Agency in excess of $2,000 that are not for single family, owner-occupied, home rehabilitation, 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 21 2024-2025 CDBG CONTRACT COWTOWN BRUSHUP PROGRAM TRINITY HABITAT FOR HUMANITY 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 2 CFR Part 200 et seq. FFATA Pub.L. 109-282, as amended by Section 6205(a) of Pub.L. 110-252 and Section 3 of Pub.L. 113-101) Federal Whistleblower Regulations, as contained in 10 U.S.C. 2409, 41 U.S.C. 4712, 10 U.S.C. 2324, 41 U.S.C. 4304 and 41 U.S.C. 4310. 14.12 HUD-Assisted Projects and Employment and other Economic Opportunities; Section 3 Requirements. 14.12.1 Requirement that Law Be Quoted in Covered Contracts. Certain Requirements Pertaining to Section 3 of the Housing and Urban Development Act of 1968 as Amended (12 U.S.C. Sections 1701 et seq.) and its Related Regulations at 24 CFR Part 135. If the Program results in the creation of new employment, training, or contracting opportunities on a contractor or subcontractor level resulting from the expenditure of the CDBG Funds, Agency shall comply with the following and will ensure that its contractors also comply. If the work performed under this Contract is on a project assisted under a program providing direct federal financial assistance from HUD, Section 3 of 24 CFR Part Section 3 Section 3 Clause Section to be quoted in covered contracts begins: The work to be performed under this contract is subject to the requirements of Section 3 of Housing and Urban Development Act of 1968, as amended, 12 U.S.C. section 1701u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assisted or HUD-assisted programs covered by Section 3, shall to the greatest extent feasible, be directed to low- and very-low income persons, particularly persons who are recipients of HUD assistance for housing. B. ations in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. C. The contractor agrees to send to each labor organization or representative of workers with which it has a collective bargaining agreement or other representatives of will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprentice and training positions, the 22 2024-2025 CDBG CONTRACT COWTOWN BRUSHUP PROGRAM TRINITY HABITAT FOR HUMANITY qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The contractor agrees that it will include this Section 3 clause in every subcontract to comply with regulation in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The contractor will not subcontract with any subcontractor where it has notice or knowledge that the subcontractor has been found in violation of regulations in 24 CFR Part 135. E. The contractor will certify that any vacant employment positions, including training positions that are filed: (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR Part 135. The contractor will not subcontract with any subcontractor where it has notice or knowledge that the subcontractor has been found in violation of regulations in 24 CFR Part 135. F. sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. G. With respect to work performed in connection with Section 3 covered Indian housing assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. Section 450(e) also applies to the work to be performed under this Contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and Section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of Section to be quoted in covered contracts ends. 14.12.2 Agency Responsibilities for Section 3 Requirements. City and Agency understand and agree that compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of HUD shall be a condition of the federal financial assistance provided to the Program binding upon City and Agency and their respective successors, assigns, contractors and subcontractors. Failure to fulfill these requirements shall subject Agency and its contractors and subcontractors and their respective successors and assigns to those sanctions specified by the grant agreement through which federal responsibilities include: 14.12.2.1 Implementing procedures to notify Section 3 residents and business concerns about training, employment, and contracting opportunities generated by Section 3 covered assistance; 14.12.2.2 Notifying potential contractors working on Section 3 covered projects of their responsibilities; 23 2024-2025 CDBG CONTRACT COWTOWN BRUSHUP PROGRAM TRINITY HABITAT FOR HUMANITY 14.12.2.3 Facilitating the training and employment of Section 3 residents and the award of contracts to Section 3 business concerns; 14.12.2.4 Assisting and actively cooperating with the Neighborhood Services Department in making contractors and subcontractors comply; 14.12.2.5 Refraining from entering into contracts with contractors that are in violation of Section 3 regulations; 14.12.2.6 Documenting actions taken to comply with Section 3; and 14.12.2.7 Submitting Section 3 Annual Summary Reports (Form HUD- 60002) in accordance with 24 CFR Part 135.90. 14.12.3 Section 3 Reporting Requirements. In order to comply with the Section 3 requirements, Agency must submit the forms attached hereto as EXHIBIT - Section 3 Reporting Forms. 14.12.3.1 Report to the City on a quarterly basis all applicants for employment, and all applicants for employment by contractor and subcontractor. This shall include name, address, zip code, date of application, and status (hired/not hired) as of the date of the report. 14.12.3.2 Advertise available positions to the public for open competition, and provide documentation to City with the quarterly report that demonstrates such open advertisement in the form of printout of Texas Workforce Commission posting, copy of newspaper advertisement, copy of flyers and listing of locations where flyers were distributed, and the like. 14.12.3.3 Report to the City on a quarterly basis all contracts awarded by contractor and subcontractor. This shall include name of contractor and/or subcontractor, address, zip code, and amount of award as of the date of the report. 14.13 Prohibition Against Discrimination. 14.13.1 General Statement. Agency shall comply in the execution, performance or attempted performance of this Contract, with all non-discrimination requirements of 24 CFR Part 570.607 and Chapter 17, Article III, Division 4 Fair Housing of the City Code. Agency may not discriminate against any person because of race, color, sex, gender, religion, national origin, familial status, disability or perceived disability, sexual orientation, gender identity, gender expression, or transgender, nor will Agency permit its officers, members, agents, employees, or clients to engage in such discrimination. 24 2024-2025 CDBG CONTRACT COWTOWN BRUSHUP PROGRAM TRINITY HABITAT FOR HUMANITY This Contract is made and entered into with reference specifically to Chapter 17, Article III, Division 3 - Employment Practices of the City Code, and Agency hereby covenants and agrees that Agency, its officers, members, agents, employees and contractors, have fully complied with all provisions of same and that no employee, or applicant for employment has been discriminated against under the terms of such ordinances by either or its officers, members, agents, employees or contractors. 14.13.2 No Discrimination in Employment during the Performance of This Contract. During the performance of this Contract Agency agrees to the following provision, and will require that its contractors and subcontractors also comply with such provision by including it in all contracts with its contractors: [] 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. [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. [ ] agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. [, ] will, in all solicitations or advertisements for employees placed by or on behalf of [ ], 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. [] 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. [] 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. 25 2024-2025 CDBG CONTRACT COWTOWN BRUSHUP PROGRAM TRINITY HABITAT FOR HUMANITY 14.13.3 In accordance with the provisions of the Americans With Disabilities Act of 1990 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 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 IVE -REFERENCED LAWS CONCERNING DISABILITY DISCRIMINATION IN THE PERFORMANCE OF THIS CONTRACT. 14.14. Conflicts of Interest and Violations of Criminal Law. 14.14.1 Agency Safeguards. Agency shall establish safeguards to prohibit its employees, board members, advisors and agents from using positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business or other ties. Agency shall disclose to City any such conflict of interest or potential conflict of interest, immediately upon discovery of such. 14.14.2 General Prohibitions Against Conflicts of Interest. No employees, agents, consultants, officers or elected officials or appointed officials of City or of Agency who exercise or have exercised any functions or responsibilities with respect to activities assisted with CDBG funds or who are in a position to participate in a decision-making process or gain inside information with regard to these activities may utilize CDBG services, may obtain a financial interest or benefit from a CDBG-assisted activity, or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties, during their tenure or for 1 year thereafter. 14.14.3 Conflicts of Interest Involving Procurement. The conflict of interest provisions of 2 CFR Part 200.31, shall apply in the procurement of property and services by Agency. In all cases not governed by this Section, the provisions of 24 CFR Part 570.611 of the CDBG Regulations shall apply. 14.14.3.1 As more particularly described in 2 CFR Part 200.318, Agency shall maintain and submit to City written standards of conduct covering conflicts of interest and governing the performance of its employees engaged in the selection, award, and administration of contracts. No employee, officer, or agent may participate in the selection, award, or administration of a contract supported by a federal award if he or she has a real or apparent conflict of interest. The standards of 26 2024-2025 CDBG CONTRACT COWTOWN BRUSHUP PROGRAM TRINITY HABITAT FOR HUMANITY conduct must provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of Agency. 14.14.3.2 The officers, employees, and agents of Agency shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. 14.14.3.3 Notwithstanding the prohibition contained in Section 14.13.3.2, 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 14.14.3.4 Agency shall maintain written standards of conduct covering organizational conflicts of interest. Organizational conflicts of interest means that because of relationships with a parent company, affiliate, or subsidiary organization, Agency is unable or appears to be unable to be impartial in conducting a procurement action involving a related organization. 14.14.3.5 Agency must maintain records sufficient to detail the history of procurement. These records will include, but are not necessarily limited to the following: rationale for the method of procurement, selection of contract type, contractor selection or rejection, and the basis for the contract price. 14.14.4 Disclosure of Conflicts of Interest. In compliance with 2 CFR Part 200.112, Agency is required to timely disclose to City in writing any potential conflict of interest. 14.14.5 Disclosure of Texas Penal Code Violations. Agency affirms that it will adhere to the provisions of the Texas Penal Code which prohibit bribery and gifts to public servants. 14.14.6 Disclosure of Federal Criminal Law Violations. In compliance with 2 CFR Part 200.113, Agency is required to timely disclose to City all violations of federal criminal law involving fraud, bribery or gratuity violations potentially affecting the Agency. 14.15 Enterprises and Labor Surplus Areas. 14.15.1 For procurement contracts $50,000.00 or larger that are paid for, in part or in full, with the CDBG Funds, , as may be amended from time to time, 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. 27 2024-2025 CDBG CONTRACT COWTOWN BRUSHUP PROGRAM TRINITY HABITAT FOR HUMANITY or ordinances thereto, into all contracts and subcontracts for procurement larger than $50,000.00 or larger that are paid for, in part or in full, with the CDBG Funds and will further require all persons or entities with which it so contracts to comply with said ordinance. 14.15.2 It is national policy to award a fair share of contracts to disadvantaged business taken to assure that DBEs, SBEs, MBEs, and WBEs are utilized when possible as sources of supplies, equipment, construction and services. 14.15.2.1 In order to comply with federal reporting requirements as described in 24 CFR Part 570.506 (g)(6), Agency must submit the form attached hereto as EXHIBIT MBE Reporting Form for each contract or subcontract with a value of $10,000.00 or more paid or to be paid with the CDBG Funds. Agency shall submit this form by the date specified in MBE Reporting Form. 14.16 Other Laws. The failure to list any federal, state or City ordinance, law or regulation that is applicable to Agency does not excuse or relieve Agency from the requirements or responsibilities in regard law, if applicable. 14.17 Assignment. Agency shall not assign all or any part of its rights, privileges, or duties under this Contract without the prior written approval of City. Any attempted assignment of same without approval shall be void, and shall constitute a breach of this Contract. 14.18. Right to Inspect Agency Contracts. It is agreed that City has the right to inspect and approve in writing any proposed contracts between Agency and any contractor or vendor engaged in any activity in conjunction with this CDBG-funded Program prior to any charges being incurred. 14.19 Force Majeure If Agency becomes unable, either in whole or part, to fulfill its obligations under this Contract due to acts of God, strikes, lockouts, or other industrial disturbances, acts of public enemies, wars, blockades, insurrections, riots, epidemics, earthquakes, fires, floods, restraints or prohibitions by any court, board, department, commission or agency of the United States or of any ations 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 occurr 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. 28 2024-2025 CDBG CONTRACT COWTOWN BRUSHUP PROGRAM TRINITY HABITAT FOR HUMANITY 14.20 IMMIGRATION NATIONALITY ACT. Agency shall verify the identity and employment eligibility of its employees who perform work under this Agreement, 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 Agreement. 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 A SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Agency, shall have the right to immediately terminate this Agreement for violations of this provision by Agency. 15. INDEMNIFICATION AND RELEASE. AGENCY COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND, AT ITS OWN EXPENSE, CITY AND ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE OR NONPERFORMANCE OF THIS CONTRACT AND/OR THE OPERATIONS, ACTIVITIES AND SERVICES OF THE PROGRAM DESCRIBED HEREIN, WHETHER OR NOT CAUSED IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS OF CITY; AND AGENCY HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY OF CITY AND ITS OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES FOR ANY AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KINDS OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE OR NONPERFORMANCE OF THIS CONTRACT AND/OR THE OPERATIONS, ACTIVITIES AND SERVICES OF THE PROGRAM DESCRIBED HEREIN, WHETHER OR NOT CAUSED IN WHOLE OR IN PART BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS OF CITY. AGENCY LIKEWISE COVENANTS AND AGREES TO AND DOES HEREBY INDEMNIFY AND HOLD HARMLESS CITY FROM AND AGAINST ANY AND ALL INJURY, DAMAGE OR DESTRUCTION OF PROPERTY OF CITY, ARISING OUT OF OR IN CONNECTION WITH ALL ACTS OR OMISSIONS OF AGENCY, ITS OFFICERS, MEMBERS, AGENTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, INVITEES, LICENSEES, OR CLIENTS, OR CAUSED, IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS OF CITY. 29 2024-2025 CDBG CONTRACT COWTOWN BRUSHUP PROGRAM TRINITY HABITAT FOR HUMANITY 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 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 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 17. INSURANCE AND BONDING. Agency will maintain coverage in the form of insurance or bond in the amount of $500,000.00 to insure against loss from the fraud, theft or dish agents, trustees, directors or employees. The proceeds of such insurance or bond shall be used to reimburse City for any and all loss of CDBG Funds occasioned by such misconduct. To effectuate such reimbursement, such fidelity coverage shall include a rider stating that reimbursement for any loss or losses shall name the City as a Loss Payee. Agency shall furnish to City in a timely manner, but not later than the Effective Date, certificates of insurance as proof that it has secured and paid for policies of commercial insurance as specified herein. If City has not received such certificates by the Effective Date, Agency shall be in default of the Contract and City may, at its option, terminate the Contract. Such insurance shall cover all insurable risks incident to or in connection with the execution, performance, attempted performance or nonperformance of this Contract. Agency shall maintain the following insurance coverage and limits: Commercial General Liability (CGL) Insurance $ 500,000 each occurrence $1,000,000 aggregate limit 30 2024-2025 CDBG CONTRACT COWTOWN BRUSHUP PROGRAM TRINITY HABITAT FOR HUMANITY 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 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 herein. Work Part A: Statutory Limits $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 frequently than once every 12 months, and Agency shall revise such amounts within 30 days following notice to Contractor of such requirements. Agency will submit to City documentation that it has obtained insurance coverage and has executed bonds as required in this Contract prior to payment of any monies provided hereunder. Where applicable, insurance policies required herein shall be endorsed to include City as an additional insured as its interest may appear. Additional insured parties shall include employees, officers, agents, and volunteers of City. Any failure on part of City to request certificate(s) of insurance shall not be construed as a waiver of such requirement or as a waiver of the insurance requirements themselves. 31 2024-2025 CDBG CONTRACT COWTOWN BRUSHUP PROGRAM TRINITY HABITAT FOR HUMANITY 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, 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- 32 2024-2025 CDBG CONTRACT COWTOWN BRUSHUP PROGRAM TRINITY HABITAT FOR HUMANITY 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. City: Neighborhood Services Department 100 Fort Worth Trail Fort Worth, TX 76102 Attention: Neighborhood Development Coordinator Telephone: 817-392-7369 Copy to: 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: Housing Development Manager Telephone: 817-392-7583 Agency: Trinity Habitat for Humanity 33 2024-2025 CDBG CONTRACT COWTOWN BRUSHUP PROGRAM TRINITY HABITAT FOR HUMANITY Gage Yager, C.E.O. 9333 N. Normandale St. Fort Worth, TX 76116 Telephone: 817-926-9219 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 fewer than 10 employees or this Agreement is for less than $100,000, this section does 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 nings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Agency certifies that Agency Agency: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. 25. PROHIBITION ON BOYCOTTING ENERGY COMPANIES Agency acknowledges that, in accordance with Chapter 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 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 34 2024-2025 CDBG CONTRACT COWTOWN BRUSHUP PROGRAM TRINITY HABITAT FOR HUMANITY 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 fication 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 Agreement 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 via pdf file or facsimile transmission) of an original signature, or signatures electronically inserted via software such as Adobe Sign. [SIGNATURES APPEAR ON NEXT PAGE] 35 2024-2025 CDBG CONTRACT COWTOWN BRUSHUP PROGRAM TRINITY HABITAT FOR HUMANITY ACCEPTED AND AGREED: CITY OF FORT WORTH: By: ___________________________ Name: Jesica McEachern Title: Assistant City Manager Date: ____________________________ APPROVAL RECOMMENDED: By: ______________________________ Name: Kacey Bess Title: Director,Neighborhood Services Department ATTEST: By: ______________________________ Jannette Goodall City Secretary CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. By: ______________________________ Name: Title: APPROVED AS TO FORM AND LEGALITY: By: ______________________________ Name: Jessika Williams Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: 24-0552 Form 1295: 2024-1107571 AGENCY: Trinity Habitat for Humanity By: Name: Gage Yager Title: C.E.O. Date: ____________________________ 36 2024-2025 CDBG CONTRACT COWTOWN BRUSHUP PROGRAM TRINITY HABITAT FOR HUMANITY EXHIBITS: Program Summary - 2024 HUD Income Limits -Environmental Review Procedures Budget Audit Certification Form Reporting Forms Income Certification Forms Standards of Documentation Section 3 Reporting Forms Certification of Severe Disability MBE Reporting Form Lead Safe Hazard Certification Conflict of Interest Disclosure Form Trinity Habitat for Humanity Cowtown Brushup Program EXHIBIT “A” PROGRAM SUMMARY PROGRAM SUMMARY (CDBG) Date of Execution by City to 15 Months Thereafter PERIOD $500,000.00 AMOUNT Capitalized terms not defined herein shall have meanings assigned them in the Contract. PROGRAM: This program is a volunteer effort supported with Community Development Block Grant (CDBG) funds that assists very low-income homeowners by painting the exterior of their houses. Agency shall identify income-eligible clients and facilitate all necessary prep-work for income eligible homes identified through screening, while also recruiting volunteers and soliciting donations of paint and supplies. At the completion of each project, Agency shall conduct a final inspection to ensure quality control. Agency is responsible for submitting any applications for City permits or approvals. These approvals may include but are not limited to Historic & Cultural Landmarks Commission, Board of Adjustment, Zoning approvals, and building inspections. Cost for permits or approvals are reimbursable under this Contract. Agency shall coordinate with City to ensure compliance with the Lead Safe Housing Rule. CDBG Funds will be used to pay for materials, building permits, contractor labor for the home repairs, and project delivery costs in the form of salaries and FICA insurance for staff directly dealing with clients. Agency is located at 9333 N. Normandale St, Fort Worth, TX 76116, with operating hours of 8:30 a.m. to 5:30 p.m., Monday through Thursday and 8:30 a.m. to 4:00 p.m. on Fridays. REGULATORY CLASSIFICATION: IDIS Matrix Code(s) and Service Category: 14A Rehab: Single-Unit Residential National Objective Citation: LMH Low/Mod Housing Benefit 24 CFR 570.208(a)( 3) Regulatory Citation(s): 24 CFR 570.202(b)(11) 2023-2024 CDBG COWTOWN BRUSHUP Trinity Habitat for Humanity Agency will maintain documentation that verifies that 100% of clients served by the Program are Income Eligible Clients. PROGRAM GOALS: Minimum Number of Clients to be Served: The Program must serve a minimum of 68 (80%) of the 85 proposed Unduplicated Clients at or below 80% Area Median Income (AMI) as shown by the monthly reports on Attachment III. 2024-2025 CDBG COWNTOWN BRUSHUP Trinity Habitat for Humanity EXHIBIT “A-1” 2024 HUD INCOME LIMITS EXHIBIT “A-1” 2024 HUD INCOME LIMITS Income limits are published annually by HUD Effective 4/1/2024 Page 1CDBG CONTRACT – EXHIBIT “A-2” – ENVIRONMENTAL REVIEW PROCEDURES EXHIBIT “A-2” ENVIRONMENTAL REVIEW PROCEDURES Items to be performed by Agency: Before Environmental Review Intake and application process Client qualification o Client is an Income Eligible client as defined by contract o Client is a Fort Worth resident o Client owns property or has permission from owner(s) to perform work o Client is up to date on all property taxes Contractor/inspector assessment of client needs and o Take of the following: front of the property left and right side view of property house to the left and right house across the street left street view with neighboring homes right street view with neighboring homes Preparation of ER request form and attachments o Full description of work to be performed using City’s request form o o Photos as described above Submit to City contract administrator for review and approval. After Environmental Review Following notification of approval of work from City, Agency issues Notices to Proceed to contractor performs work as described in the environmental request Agency requests reimbursement Page Items to be performed by City: Before Environmental Review NOTE: If any of the reviewers in the process described below have questions or need additional information, City’s contract administrator will contact Agency to request the additional information. Compliance Division reviews client qualification information to verify eligibility City’s contract administrator finalizes Environmental request, sends to Environmental Coordinator Environmental Coordinator reviews request and attachments for accuracy and completeness If no environmental impact is anticipated,will sign and send environmental review to Planning Manager for signature Planning Manager will sign and inform Contract administrator when environmental review is ready City Contract administrator will send Agency a Notice to Proceed and will include the environmental review all attachments After Environmental Review inspects work to verify work is consistent with environmental request description City reimburses once inspection is complete EXHIBIT "B" - BUDGET Account COFW Grant Budget A B- Trinity Matching Funds C Total PROGRAM PERSONNEL Salaries 1001 $ 69,670.00 $ 69,670.00 FICA 1002 $ 5,330.00 $ 5,330.00 Life/Disability Insurance 1003 $ - Health/Dental Insurance 1004 $ - Unemployment-State 1005 $ - Worker's Compensation 1006 $ - Retirement 1007 $ - SUPPLIES AND SERVICES Office/Program Supplies 2001 $ - Postage 2002 $ - Printing 2003 $ - Other(Transportation) 2004 $ - MISCELLANEOUS Construction/Building Materials 3001 $ 225,000.00 $ 225,000.00 Contract Labor/Permitting (City needs copy of contract before expenses can be reimbursed) 3002 $ 200,000.00 $ 200,000.00 Food Supplies 3003 $ - Teaching Aids 3004 $ - Craft Supplies 3005 $ - Field Trip Expenses 3006 $ - Mileage 3007 $ - Other() 3008 Other() 3009 FACILITY AND UTILITIES Telephone 4001 $ - Electric 4002 $ - Gas 4003 $ - Water and Wastewater 4004 $ - Solid Waste Disposal 4005 $ - Rent (City needs copy of lease before expenses can be reimbursed) 4006 $ - Cleaning Supplies 4007 $ - Other (Building Security) 4008 $ - LEGAL, FINANCIAL AND INSURANCE Fidelity Bond or Equivalent 5001 $ - Directors and Officers 5002 $ - General Commercial Liability 5003 $ - Other (Cvber Ins) 5004 $ - DIRECT ASSISTANCE Other() 6001 BUDGET TOTAL $ 500,000.00 $ - $ - $ 500,000.00 FUNDING A: FUNDING B: 2023-2024 CDBG CONTRACT - EXHIBIT "B" - BUDGET Trinity Habitat for Humanity - Cowtown Brush-up Program Page 1 EXHIBIT C-AUDIT CERTIFICATION FORM EXHIBIT “C” AUDIT CERTIFICATION FORM Agency: Trinity Habitat for Humanity Fiscal Year Ending: September 30, 2 During the fiscal year in which funds will be received, we will exceed the federal expenditure threshold of $,000. We will have our Single Audit or Program Specific Audit completed and will submit the audit report described in 2 CFR Part 200 within 7 months after the end of the audited fiscal year or 30 days within its completion, whichever is the earlier date. During the fiscal year in which funds will be received, we will not exceed the $0,000 federal expenditure threshold required for a Single Audit or a Program Specific Audit to be performed this fiscal year. (Fill out schedule below) Federal Expenditure Disclosure MUST be filled out if Single Audit or Program Audit is NOT required. Federal Grantor Pass Through Grantor Program Name & CFDA Number Contract Number Expenditures Total Federal Expenditures for this Fiscal Year: _________________________________ __________________________ Signatory and Title Date Failure to submit this or a similar statement or failure to submit a completed single audit package as described in the federally required audit requirements described in 2 CFR Part 200, as applicable, by the required due date may result in suspension of funding and may affect eligibility for future funding. Notwithstanding the above, this certification acknowledges the agency’s commitment to meet all other financial reporting, financial statements, and other audit requirements as may be set forth in the Contract. EXHIBIT "D" REPORTING FORMS EXHIBIT "D" REPORTING FORMS Agency: Address: City, State, Zip: Program: Month of Service: Tax ID Number: Contract Number: Case ID: P.O. Number: FID Number: IDIS Number: Original Amount This Invoice Cumulative to Date Remaining Balance (Program Name) Case ID Salaries 1001 -$ -$ 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! -$ March 2024 April 2024 May 2024 June 2024 July 2024 August 2024 -$ -$ -$ -$ -$ -$ September 2024 October 2024 November 2024 December 2024 January 2025 February 2025 -$ -$ -$ -$ -$ -$ Client Goals Goal Amount Cumulative Total Goal Met % Table Total 80 0 0% 0 March 2024 April 2024 May 2024 June 2024 July 2024 August 2024 1 0 0 0 0 0 September 2024 October 2024 November 2024 December 2024 January 2025 February 2025 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 FINANCIAL ASSISTANCE PREVENTION REHOUSING HMIS REHOUSING ATTACHMENT II City of Fort Worth Neighborhood Services Department Expenditure Worksheet EMERGENCY SHELTER ESSENTIAL SERVICES SHELTER OPERATIONS HOUSING RELOCATION AND STABILIZATION PREVENTION Agency:Program:Month:#DIV/0!*Do not revise the client goal unless the contract is amended, accordingly.2 2A 3 4510<30%AMI30%-50% AMI51%-80% AMI >80% AMI UNKNOWN1<$19,000 1<$31,650 1<$50,650 1>$50,6502<$21,700 2<$36,200 2<$57,850 2>$57,8503<$24,400 3<$40,700 3<$65,100 3>$65,1004<$27,100 4<$45,200 4<$72,300 4>$72,3005<$29,300 5<$48,850 5<$78,100 5>$78,1006<$31,450 6<$52,450 6<$83,900 6>$83,9007<$33,650 7<$55,050 7<$89,700 7>$89,7008<$35,800 8<$59,700 8<$95,450 8>$954501234567891011121314151617181920212223242526272829303179800 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0YESNOHH SIZEHH INCOME (Only choose 1 of the 5 columns)OTHER MULTIPLE RACE COMBINAT-IONS*YESNOAMERICAN INDIAN OR ALASKA NATIVE AND BLACK OR AFRICAN AMERICAN9FHOH (Indicate One)MALEFEMALEHISPANICNON- HISPANICAMERICAN INDIAN OR ALASKAN NATIVE ASIANBLACK OR AFRICAN AMERICANNATIVE HAWAIIAN OR OTHER PACIFIC ISLANDER WHITEGENDER(Indicate One)ETHNICITY(Indicate One)RACE (Indicate One)DISABLED (Indicate One)11 12DATE CLIENT RECEIVED SERVICEFORT WORTH RESIDENT?YES OR NOSERVICE LOCATION (IF APPLICABLE)NAMESTREET ADDRESS(Client Address)AGE1 6 7 8AMERICAN INDIAN OR ALASKAN NATIVE AND WHITEASIAN AND WHITEBLACK OR AFRICAN AMERICAN AND WHITE Undup Clts for CURRENT MONTH* Please highlight new clients for the month.CUMULATIVE Unduplicated Clients*Proposed Client Goal Per Contract% of Milestone MetInstructions:This report is meant to list all unduplicated clients served during the Contract term (January 1, 2025 to June 30, 2026). Each month, please report the information of clients not previously reported. You are required to attach eligibility verification documentation for each new client. New unduplicated clients should be listed below any previously reported clients so that this sheet will act as a rolling tally. Please only list clients one time during the first month that they receive service. Clients that continue to receive Program services for multiple months only need to be listed one time. Put an "X" in each appropriate box regarding the client's sex, ethnicity, race, etc. Please note that reimbursement for salaries will require that the agency report to the City all the clients that were served by that particular staff person in that program. Information for each client listed below must have the demographic information reflected in columns 1 thru 12.ATTACHMENT IIICLIENT DATA REPORT EXHIBIT “E” City of Fort Worth 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. Ciudad de Fort Worth CERTIFICACIÓN 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: Õ 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 miembros del hogar son requeridos EXHIBIT “F” STANDARDS OF DOCUMENTATION Page CDBG CONTRACT EXHIBIT “F” –STANDARDS OF DOCUMENTATION InvoiceProof of Payment*TimesheetContract/AgreementSAM.gov SearchLeaseExplanation of how expense is related to ProgramNotes/Other Salaries X X * If an employee works on both a CDBG eligible and non-CDBG eligible program(s), the City will only reimburse for a reasonable portion of the employee's salary. Prior to the execution of the CDBG Contract, the Agency will priovide the City with a written statement on how each employee's time will be allocated. If an employee works 100% of their time directly with the CDBG-funded Program, then 100% of the employee's salary may be eligible for reimbursement. Agency must submit a written statement that 100% of the employee's time is spent working directly with the CDBG-funded Program. Statements must be signed by a person authorized to sign on behalf of the Agency and will be submitted with the October invoice. Reimbursement requests must include a timesheet and work log that reflects the hours worked by the employee(s) working directly on the CDBG-funded Program. For employees who are paid with multiple funding sources, timesheets must reflect all funding sources. If separate timesheets are kept for each funding source, all such timesheets must be submitted to City. Timesheets must be signed by employee and supervisor. Agency must show a calculation and documentation of how the employee's salary was calculated and invoiced to City. *If employees are paid by direct deposit rather than check, then the agency must submit both the direct deposit payment company's report (such as an ADT report) and a bank statement or check showing payment to the direct deposit company. FICA/Medicare X X X Life Insurance X X X Health Insurance X X X Disability Insurance X X X Unemployment Insurance X X X Retirement X X X If the City pays gross salary, this is already included. If the City pays the employer portion, the Agency must provide proof that the employee is enrolled in the benefit plan, must show a calculation and documentation of how the invoiced amount was calculated, and must provide documentation showing payment. Invoice and proof of payment are only required with the first reimbursement request and at any time there are changes to amounts, enrollments, disenrollments, etc. Office Supplies X X X Office Equipment Rental X X X X X Postage X X X Printing X X X Construction & Building Materials X X X X Sport and Recreation Equipment X X X Cleaning Supplies X X X Teaching Aids X X X Craft Supplies X X X Food Supplies X X X Telephone X X Gas X X Water/Wastew ater X X Electric X X Solid Waste X X Documentation Standards for CDBG 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. If the City pays gross salary, this is already included. If the City pays the employer portion, the Agency must provide proof that the employee is enrolled in the benefit plan, must show a calculation and documentation of how the invoiced amount was calculated, and must provide documentation showing payment. Invoice and proof of payment are only required with the first reimbursement request and at any time there are changes to amounts, enrollments, disenrollments, etc. Materials, Equipment, Goods and Supplies - City will only reimburse for the cost allocated percent or amount spent in support of the CDBG-funded Program. Agencies requesting reimbursement for these items will require prior City approval. Agencies must show calculation on how the CDBG portion of these expenses were calculated consistently with the CDBG Contract. 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. Page Facility Maintenance and Repairs X X X X This item requires approval by the City prior to the execution of the CDBG Contract. Repairs may be categorized as major/minor rehabilitation projects and must be approved through the full HUD Environmetal Review. Rent X X X City will pay for a portion of the rent for the Program facility so long as its in proportion to the square footage attributable to the CDBG- funded program. Contracted Services X X X X X This item requires prior approval by the City. Prior to the execution of the CDBG Contract, the Agency must submit a written statement that lists the contracted services to be used during the Contract term. Agency will submit a memo related to the procurement of such services and will forward any information pertaining to the procurement process to City. This requirement applies to, but is not limited to, services retained for security services, legal, accounting, transportation providers, educational facilitators, custodial services, rehabilitation services, home repair, and like items. Agencies may not use the contract services of any City of Fort Worth Department. City-required Insurance X X City will only pay for a percentage of the City-required insurance so long as it's in proportion to the square footage attributable to the CDBG-funded program. Childcare Scholarships X X City requires that the agency submit its fee schedule or formula on how the Agency calculates the childcare scholarship amount. The fee schedule/formula should demonstrate a breakout of income levels, and for each income level the schedule should demonstrate which portion of the expense is to be paid by the family and which portion of the expense is to be reimbursed by the City. A fee schedule/formula must be submitted to the City prior to the first payment. Agency must submit documentation supporting that the client is income eligible and that the household is being charged in conformance with the fee schedule. If the fee schedule/formula changes at any time during the contract term, the Agency must immediately notify City on the date the new fee schedule/formula takes into effect. Audit Services X X X X If an audit is required because federal funds exceed $750,000, then the cost should be split evenly by all grant funding sources. Agency must show calculation on how the CDBG portion of the accounting services were calculated. For example, if the CDBG grant is 10% of your Agency's budget, then invoice shall not exceed 10% of the overall cost. Agency must show a calculation and documentation of how the invoiced amount was calculated, and must provide documentation showing payment. Final as of 09/26/2017 DC Miscellaneous *Proof of payment effective October 1, 2013:Payments or Expenses must be documented in the following manner: A) Image of the check AND bank statement showing the check cleared the bank; OR, B) Image of the cancelled check (ex. At end of bank statement); OR, C) Payroll Check Stub, "Advice", or Statement AND Bank Statement indicating payroll; OR, D) For wire or e-transfers: Reciept or statement from payee/vendor OR bank statement. Page Page 1 CDBG CONTRACT EXHIBIT “G”SECTION 3 REPORTING FORMS EXHIBIT “G” SECTION 3 REPORTING FORMS EXHIBIT “H” CERTIFICATION OF SEVERE DISABILITY FORM AGENCY NAME__________________________________________ Client Name: Address: City, State, Zip Client Identification No. CHECK ALL THAT APPLY Has used a wheelchair, a walker, cane , crutches or other special aid for six months or longer Has been diagnosed with one of the following conditions: Alzheimer’s disease, mental retardation or other developmental disability, senility or dementia, cerebral palsy, or autism; or has another mental or emotional condition that seriously interferes with everyday tasks. Is unable to perform one or more of the following “Functional Activities”: seeing, hearing, speaking and having one’s speech understood, lifting or carrying, using stairs, grasping small objects, or walking. Is unable to perform or needs assistance to perform one or more of the following Activities of Daily Living (ADL): getting around inside the home, getting in or out of bed or a chair, bathing, dressing, eating, and 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: EXHIBIT “I” M/WBE FORM EXHIBIT “I” M/WBE FORM EXHIBIT "I" - MBE REPORTING FORMPHIHCPDHousingGrant/Project Number or HUD Case Number or other identification of property, subdivision, dwelling unit, etc. 7a.Amount of Contract or Subcontact 7b.Type of Trade Code (See below) 7c.Contractor or Subcontractor Business Racial/Ethnic (See below) 7d.Woman Owned Business (Yes or No) 7e.Prime Contractor Identification (ID) Number 7f.Sec. 3 7g.Subcontractor Identification (ID) Number 7hSec. 3 7i.State ZipCPD:1 = New Construction6 = Professional2 = Education/Training7 = Tenant Services3 = Other8 = Education/Training0 = Other3 = Repair5 = Project Mangt.4 = Service6 = Hasidic Jews2 = Substantial Rehab.Privacy Act Notice = The United States Department of Housing and Urban Development, Federal Housing Administration, is authorized to solicit the Information requested in this form by virtue of Title 12, United States Code, Section 1701 et seq., and regulation. It will not be disclosed or relesed outside the United States Department of Housing and Urban Development without your consetn, except as required or permitted by Law.Previous editions are obsolete.form HUD-2516 (8/98)Contract and Subcontract ActivityContractor/Subcontractor Name and Address 7j.NameStreetCityU.S. Department of Housing and Urban Development Check if: OMB Approval No.: 2577-0088 OMB Approval No.: 2502-0355 Executive Orders dated July 14, 1983, directs the Minority Business Development Plans shall be developed by each Federal Agency and the these annual plans shall establish minority business development objectives. The information is used by HUD to monitor and evaluate MBE activities against the total program activity and the designated minority business enterprise (MBE) goals. The Department requires the information to provide guidance and oversight for programs for the development of minority business enterprise concerning Minority Business Development. If the information is not collected HUD would not be able to establish meaningful MBE goals nor evaluate MBE performance against these goals.Public reporting burden for this collection of information is estimated to average .5 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. The Information is voluntary. HUD may not collect this information, and you are not required to complete this form, unless it displays a currently valid OMB Control Number.Oct. 1 - Sept. 30 (Annual -FY)9 = Arch./Engrg. Appraisal 5 = Asian/Pacific Americans8 = Section 8114 = Insured (Management)3 = Section 8 Noninsured, Non-HFDA 7 = Public/India Housing5: Program Codes (Complete for Housing and Public and Indian Housing programs only):2= Flexible Subsidy1 = All Insured, including Section8 5 = Section 2026 = HUD-Held (Management)Housing/Public Housing:7c: Type of Trade Codes:2 = Black Americans1 = New Construction7d: Racial/Ethnic Codes:1 = White Americans3 = Native Americans4 = Hispanic Americans1. Grantee/Project Owner/Developer/Sponsor/Builder/Agency3a. Name of Contact Person 3b. Phone Number (Including Area Code)4. Reporting Period5. Program Code (Not applicable for CPD programs.) See explanation of Codes at bottom of Page Use a separate sheet for each program code.6. Date Submitted to Field Office2. Location (City, State Zip Code) This report is to be completed by grantees, developers, sponsors, builders, agencies, and/or project owners for reporting contract and subcontract activities of $10,000 or more under the following programs: Community Development Block Grants (entitlement and small cities); Urban Development Action Grants; Housing Development Grants; Multifamily Insured and Noninsured; Public and Indian Housing Authorities; and contracts entered into by recipients of CDBG rehabilitation assistance. completed for public and Indian housing and most community development programs. Form HUD-60002 is to be completed by all other HUD programs including State administered community development programs covered under Section3. A Section 3 Contractor/subcontractor is a business concern that provides economic opportunities to low and very Low-income residents of the metropolitan area (or nonmetropolitan county), including a business concern that is 51 person or more owned by low-income residents;costs or unusually high or low-income families. Very low-income families (including single persons) whose incomes do not exceed 50 per centum of the median family income for the area, as determined by the Secretary with adjustments for smaller and larger families, except that the secretary may establish income ceilings higher or lower than 50 per centum of the median for the area on the basis of the Secretary's findings that such variations are necessary because of unusually high or low family incomes.Contracts/subcontracts of less than $10,000 need be reported only if such contracts represent a significant portion of your total contracting activity. Include only contracts executed during this reporting period. or provides subcontracting or business development opportunities to businesses owned by low or low-income residents. Low and very low-income residents; include participants in Youthbuild programs established under Subtitle D of Title IV of the Cranston-Gonzalez National Affordable Housing Act.Submit two (2) copies of this report to your local HUD Office within ten (10) days after the end of the reporting period you checked in item 4 on the front. Complete item 7h. Only once for each contractor/subcontractor on each semi-annual report.This form has been modified to capture Section 3 contract data in columns 7g and 7i. Section 3 requires that the employment and other economic opportunities generated by HUD financial assistance for housing and community development programs shall, to the greatest extent feasible, be directed toward low- and very low-income persons, particularly those who are recipients of government assistance for housing. Recipients using this form to report Section 3 contract data must also use Part I of form HUD-60002 to report employment and training opportunities data. Form HUD-2516 is to beThe terms “low-income persons” and “very low-income persons” have the same meanings given the terms in section3(b)(2) of the United States Housing Act of 1937. Low-income persons mean families (including single persons) whose incomes do not exceed 80 per centum of the median income for the area, as determined by the Secretary, with adjustments for smaller an larger families, except that the Secretary may establish income ceilings higher or lower than 80 per centum of the median for the area on the basis of the Secretary's findings that such variations are necessary because of prevailing levels of construction Enter the prime contractor's ID in item 7f. for all contracts and subcontracts. Include only contracts expected during this reporting period. PHAs/IHAs are to report all contracts/subcontracts.Community Development Programs Multifamily Housing Programs Public Housing and Indian Housing Programs1. Grantee: Enter the name of the unit of government submitting this report.1. Grantee/Project Owner: Enter the name of the unit of government, agency or mortgagor entity submitting this report.PHAs/IHAs are to report all contracts/subcontracts. Include only contracts executed during this reporting period.3. Contact Person: Enter name and phone of person responsible for maintaining and submitting contract/subcontract data.3. Contact Person: Same as item 3 under CPD Programs.1. Project Owner: Enter the name of the unit of government, agency or mortgagor entity submitting this report. Check box as appropriate.7a. Grant Number: Enter the HUD Community Development Block Grant Identification Number (with dashes). For example: B-32-MC-25-0034. For Entitlement Programs and Small City multi-year comprehensive programs, enter the latest approved grant number.4. Reporting Period: Check only one period.3. Contact Person: Same as item 3 under CPD Programs.7b. Amount of Contract/Subcontract: Enter the dollar amount rounded to the nearest dollar. If subcontractor ID number is provided in 7f, the dollar figure would be for the subcontract only and not for the prime contract.5. Program Code: Enter the appropriate program code.4. Reporting Period: Check only one period.7c. Type of Trade: Enter the numeric codes which best indicates the contractor's/subcontractor's service. If subcontractor ID number is provided in 7f., the type of trade code would be for the subcontractor only and not for the prime contractor. 7a. Grant/Project Number: Enter the HUD Project Number or Housing Development Grant or number assigned.5. Program Code: Enter the appropriate program code.The "other" category includes supply, professional services and all other activities except construction and education/training activities.7b. Amount of Contract/Subcontract: Same as item 7b. under CPD Programs.7a. Grant/Project Number: Enter the HUD Project Number or Housing Development Grant or number assigned.7d. Business Racial/Ethnic/Gender Code: Enter the numeric code which indicates the racial/ethnic/gender character of the owner(s) and controller(s) of 51% of the business. 7c. Type of Trade: Same as item 7c. under CPD Programs.7b. Amount of Contract/Subcontract: Same as item 7b. under CPD Programs.When 51% or more is not owned and controlled by any single racial/ethnic/gender category, enter the code which seems most appropriate. If the subcontractor ID number is provided, the code would apply to the subcontractor and not to the prime contractor.7d. Business Racial/Ethnic/Gender Code: Same as item 7d. under CPD Programs.7c. Type of Trade: Same as item 7c. under CPD Programs.7e. Woman Owned Business: Enter Yes or No.7e. Woman Owned Business: Enter Yes or No.7d. Business Racial/Ethnic/Gender Code: Same as item 7d. under CPD Programs.7f. Contractor Identification (ID) Number: Enter the Employer (IRS) Number of the Prime Contractor as the unique identifier for prime recipient of HUD funds. Note that the Employer (IRS) Number must be provided for each contract/subcontract awarded.7f. Contractor Identification (ID) Number: Same as item 7f. under CPD Programs.7e. Woman Owned Business: Enter Yes or No.7g. Section 3 Contractor: Enter Yes or No.7g. Section 3 Contractor: Enter Yes or No.7f. Contractor Identification (ID) Number: Same as item 7f. under CPD Programs.7h. Subcontractor Identification (ID) Number: Enter the Employer (IRS) Number of the subcontractor as the unique identifier for each subcontract awarded from HUD funds. When the subcontractor ID Number is provided, the respective Prime Contractor ID Number must also be provided.7h. Subcontractor Identification (ID) Number: Same as item 7h. under CPD Programs.7g. Section 3 Contractor: Enter Yes or No.7i. Section 3 Contractor: Enter Yes or No.7i. Section 3 Contractor: Enter Yes or No.7h. Subcontractor Identification (ID) Number: Same as item 7h. under CPD Programs.7j. Contractor/Subcontractor Name and Address: Enter this information for each firm receiving contract/subcontract activity only one time on each report for each firm.7j. Contractor/Subcontractor Name and Address: Same as item 7j. under CPD Programs.7i. Section 3 Contractor: Enter Yes or No.7j. Contractor/Subcontractor Name and Address: Same as item 7j. under CPD Programs. EXHIBIT "J" LEAD SAFE HAZARD CERTIFICATION CDBG CONTRACT — EXHIBIT "J" —LEAD SAFE HAZARD Page 1 CERTIFICATION Trinity Habitat for Humanity CERTIFICATION REGARDING COMPLIANCE WITH LEAD-SAFE HOUSING RULE FOR MINOR REHABILITATION PROGRAMS UNDER$5000 ADDRESS OF PROPERTY TO BE REPAIRED: YEAR BUILT: SCOPE OF REPAIR/REHABILITATION: Painted Surfaces: Will be disturbed � Will NOT be disturbed. If Painted surfaces will not be disturbed, explain: For Painted Surfaces that will be disturbed: (attach photos of worksite) - _Work Area is Interior and is Not_Larger than 2 Square Feet: - Work Area is lnterior and is Lar�er_than 2 Square Feet: __ - Work Area is Exterior and is Not larger than 20 Square Feet: - Work Area is Exterior and is Larger than 20 Square Feet: _ Housing unit is occupied by Elderly Person and/or Disabled Person: Yes __ No Children Under 6 Years of Age Reside at / Regularly Visit this Housing Unit: Yes No Lead Based Paint Information Pamphlet Provided to Homeowner/Resident: Yes____No Date Pamphlet Provided In housing built before 1978, for Work Areas Exceeding the above 2 Square Foot / 20 Square Foot De-Minimis Levels, and where children under 6 are expected to Reside/Regularly Visit the housing unit, Lead-Certified Contractors must be used, Lead Safe Work Practices must be performed and Dust Wipes/Tests must be performed following completion of the rehabilitation work. Housing units constructed a ter 1978, and Pre-1978 Housing Units designated for Elderly or Disabled Persons where children are not expected to reside/visit regularly, are Exempt from the Lead Safe Housing Rule in accordance with 24 CFR 35.110, Definition of TargetHousing. I certify that the information provided above is true and correct Certification by Agency Staff: Printed Name and Title: CDBG CONTRACT — EXIiIBIT "J" LEAD SAFE HAZARD Page 2 CERTIFICATION Trinity Habitat for Humanity EXHIBIT "K" CONFLICT OF INTEREST DISCLOSURE FORM CDBG CONTRACT — EXHIBIT "K" — CONFLICT OF INTEREST DISCLOSURE Page 1 FORM Trinity Habitat for Humanity �URT WORTH CONFLICT OF INTEREST DISCLOSURE: 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 em lo ed by the City of Fort Worth? ❑ YES � NO 1 a. If yes, by which Department and Division: 2. Were ou em lo ed b the Cit of Fort Worth within the most recent 12-month eriod? ❑ 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" inchrdes (x�herher• by blood or• adoptionJ: the spo�rse, parent (inchrding a sreppar•enr), � yES ❑ NO child (inchrding a stepchild), brother, sister (inclirding a s�epbrother orstepsiste� j, grandparenJ, grandchild, and in-la�vs. 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 � yES ❑ NO within the most recent 12-month period? 4a. If yes, please provide relative's name(s), previous Department(s), and Division(s): 5. Are ou an elected or a ointed official, or a ent or consultant, of the Ci of Fort Worth? �❑ YES � NO Sa. If yes, by which Department and Division: 6. Are any immediate family members an elected or appointed official, or agent or consultant � yES ❑ NO of the Cit of Fort Worth? 6a. If yes, please provide relative's name(s), Department(s), and Division(s): Certi�cation: 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 IH� SECTION lOOl OF TI� 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 Citv Staff Onlv: Once this fbrm 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 Barbara Asbury, Grants Manager, Compliance Division, at 817-392-7331, or Charletta Moaning, Sr. Contract Compliance Specialist, at 817-392-7333 or at charletta.moaning@fortworthgov.org. CDBG CONTRACT — EXHIBIT "K" — CONFLICT OF INTEREST DISCLOSURE Page 2 FORM Trinity Habitat for Humanity M&C Review CITY COUNCIL AGENDA Create New From This M&C DATE: 6/25/2024 REFERENCE NO.: M&C 24-0552 LOG NAME: CODE: C TYPE: NON-CONSENT PUBLIC HEARING: Page 1 of 6 Officiel site of the City of Fort Woith, Texas FQRT�4'4�oRrii _�_ 192024-2025 ACTION PLAN 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. http://apps.cfwnet.org/council�acket/mc review.asp?ID=32258&councildate=6/25/2024 7/8/2024 M&C Review DISCUSSION: Page 2 of 6 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\°/o 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 fol lows: 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 http://apps.cfwnet.org/council�acket/mc review.asp?ID=32258&councildate=6/25/2024 7/8/2024 M&C Review Page 3 of 6 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 fol lows: 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 ing Channel 1eals-On-Wheels, Inc. of arrant Countv ixty and Better, Inc. Christian Learning Center CONSOLIDATED PLAN I pROGRAM GOAL ble Housing Housing Counseling & Education ing In Place ing In Place hildren and Youth ervices utrition Program Increasing Access to Basic Needs for Senior Adults of School Time Program http://apps.cfwnet.org/council�acket/mc review.asp?ID=32258&councildate=6/25/2024 AMOUNT $111,000.00 $75,000.00 $50,000.00 $90,000.00 $80,000.00 7/8/2024 M&C Review Page 4 of 6 Boys & Girls Clubs of Greater Children and Youth IYouth Development at I Tarrant County, Inc. Services Eastside Branch Camp Fire First Texas Children and Youth Teens In Action $78,300.00 Services Girls Incorporated of Tarrant Children and Youth Girls Inc. of Tarrant $100,000.00 County Services County Junior Achievement of the Children and Youth Cradle to Career 000.00 Chisholm Trail, Inc. Services Initiative $50, United Community Centers, Children and Youth Holistic Educational �g0,000.00 Inc. Services Literacy Program Easter Seals North Texas, Inc. Economic Empowerment Employment Services $60,000.00 and Financial Resilience Taste Project Economic Empowerment Culinary Workforce $25,000.00 and Financial Resilience Development Program Economic Empowerment Tarrant County The Ladder Alliance and Financial Resilience Workforce $81,731.00 Development The Women's Center of Tarrant Economic Empowerment 000.00 County, Inc. and Financial Resilience Employment Solutions $60, Economic Empowerment 000.00 Your Harvest House, Inc. and Financial Resilience Client Aid Services $25, Healthy Living and Increasing Health Cancer Care Services �/ellness Equity by Decreasing $50,000.00 Health Disparities Tarrant Area Food Bank Healthy Living and Home Delivery $25,000.00 Wellness CDBG Public Services Agencies Total $1,051,031.00 Rehabilitation, Education and Accessibility Advocacy for Citizens with Improvements Project Ramp $165,000.00 Handicaps dba REACH, Inc. Fort Worth Area Habitat for Housing Preservation Humanity, Inc. DBA Trinity and Rehabilitation Cowtown Brush Up $455,000.00 Habitat for Humanity 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 IDS Outreach enter, Inc. CONSOLIDATED PLAN GOAL Homelessness Prevention and Special Needs Support PROGRAM he Housing Assistance rogram Administration, Tenant- ased Rental Assistance fBRA), Short-Term :ent, Mortgage, and itility Assistance AMOUNT $326,781.0 http://apps.cfwnet.org/council�acket/mc review.asp?ID=32258&councildate=6/25/2024 7/8/2024 M&C Review Tarrant County Homelessness Prevention Samaritan Housing, and Special Needs Inc. Support TOTAL HOPWA CONTRACTS Emergency Solutions Grants Contracts STRMU), Supportive �ervices iOPWA Program - �dministration, Tenant- 3ased Rental Assistance TBRA), Short-Term Zent, Mortgage, and Jtility Assistance STRMU), Supportive iervices, Facility-Based �perations (FBO) TABLE 3: ESG AGENCIES Page 5 of 6 $1,300,000.0 $1,626,781. CONSOLIDATED PLAN AGENCY GOAL PROGAM AMOUNT The Presbyterian Night Homelessness Prevention and Shelter Shelter of Tarrant County, Special Needs Support Operations/Services �127,345.00 I nc. Lighthouse for the Homelessness Prevention and Day Shelter Homeless dba True Worth Special Needs Support Operations/Services �138,851.00 Place SafeHaven of Tarrant Homelessness Prevention and Shelter 000.00 County Special Needs Support Operations/Services �75' Center for Transforming Homelessness Prevention and Rapid Re-Housing $75,901.00 Lives Special Needs Support The Salvation Army Homelessness Prevention and Homelessness $151,563.00 Special Needs Support Prevention 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. http://apps.cfwnet.org/council�acket/mc review.asp?ID=32258&councildate=6/25/2024 7/8/2024 M&C Review Page 6 of 6 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 Fund Department Account Project- Program Activity l Budget Reference # Amount � ID I ID I Year (Chartfield 2) _. FROM Fund Department Account Project Program Activity Budget Reference #� Amount � ID ID _ Year V(Chartfield 2� Submitted for Citv Manaqer's Office bv: Oriqinatinq Department Head: Additional Information Contact: Fernando Costa (6122) Kacey Bess (8187) Sharon Burkley (5785) Rhonda Hinz (2573) ATTACHMENTS 19NS ACTION PLAN 2024 Aqencv Form 1295 Forms.pdf (CFW Internal) 2024-2025 Action Plan Secretary of State Filinqs.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) http://apps.cfwnet.org/council�acket/mc review.asp?ID=32258&councildate=6/25/2024 7/8/2024 Routing and Transmittal Slip Department: Neighborhood Services DOCUMENT TITLE: Cowtown Brush Up 2025 M&C: 24-0552 CPN:______________ CSO: DOC#______________ DATE: 2/12/2025 TO: INITIALS DATE OUT 1. Gage Yager 2. Joshua Hezlep 3. Chad LaRoque 4. Jessika Williams 5. Kacey Bess 6. Jesica McEachern 7. Ronald Gonzales 8. Jannette Goodall 9. Allison Tidwell DOCUMENTS FOR CITY MANAGER’S SIGNTURE: All documents received from any and all City Departments requesting City Manager’s signature for approval MUST BE ROUTED TO THE APPROPRIATE ACM for approval first. Once the ACM has signed the routing slip, David will review and take the next steps. NEEDS TO BE NOTARIZED:Yes x No RUSH:Yes x No SAME DAY:Yes x No NEXT DAY:Yes x No ROUTING TO CSO: x Yes No