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Home My WebLink AboutContract 42383 ci- Y SEcRe-TARY C©NTMCT Nfl.�c-!RL3 - STATE OF TEXAS § COUNTY OF TARRANT § This contract ("Contract") is made and entered into by and between the City of Fort Worth (hereafter "City") and Day Resource Center for the Homeless (hereafter "Contractor"), a Texas nonprofit corporation. City and Contractor may be referred to individually as a"Party" and jointly as"the Parties". The Parties state as follows: WHEREAS, City receives grant monies from the United States Department of Housing and Urban Development ("HUD") through the Community Development Block Grant Program ("CDBG"), Program No. B-11-MC-48-0010 Catalog of Federal Domestic Assistance No. 14.218; WHEREAS, a national objectives of the CDBG program is to benefit low and moderate income citizens (the "National Objective"); WHEREAS, Contractor submitted a proposal to use CDBG funds for an eligible Program (defined below) under the CDBG Regulations (defined below) whereby Contractor will provide services as further described in Exhibit "A"- Program Summary; WHEREAS, City citizens, the Community Development Council, and the City Council have determined that CDBG programs are needed by the City's citizens; NOW,THEREFORE,the Parties understand and agree as follows: 1. INCORPORATION OF RECITALS. City and Contractor 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 following terms shall have the definitions ascribed to them as follows: Area Median Income(AMI) means the median family income for the Fort Worth- Arlington metropolitan statistical area as established by HUD. The 2011 income limits are attached hereto as Exhibit F. Complete Documentation means a report or reports in a form acceptable to City that contains a summary of all CDBG eligible costs expended for the Program with the supporting documentation as appropriate: (i) copies o invoices for all expenses and other CDBG SUBRECIPIENT CONTRA Rev o9roi/2ol i OVVICIAL RECORD Day Resource Center for the Homele s SECRETARY CITY FT.WORTH,TX documents such as an approved check request, cancelled checks, bank statements, or wire transfers necessary to demonstrate that such amounts were actually paid,; (ii) copies of approved timesheets and other documents such as cancelled checks, bank statements, direct deposit forms necessary to demonstrate that such amounts were actually paid; (iv) sufficient proof to show client income eligibility; and (v) any other document or records reasonably necessary to verify costs spent and client eligibility for such Program. CDBG Eligible Client means a client that can be documented as a member of a presumed benefit category as defined by 24 CFR 570.208(a)(2)(i)(A), one of these categories will be identified in Exhibit A of this contract. CDBG Funds means City's CDBG funds supplied by City to Contractor under the terms of this Contract. CDBG Regulations means regulations found in 24 CFR Part 570. Program shall mean the service(s) described in Exhibit A—Program Summary. Reimbursement Request shall mean all reports and other documentation described in Section 9. Source Documentation means documentation sufficient under CDBG regulations to establish an individual or household as an eligible client. 3. TERM. 3.1 Term. The term of this Contract begins on October 1, 2011 (the "Effective Date") and terminates on September 30, 2012 unless terminated as provided in this Contract. This contract is contingent upon receipts of CDBG funds by City. If CDBG funds are not received or if City's allocation of CDBG funds changes, City reserves the right to amend or terminate this Contract. Also, no funds will be available for reimbursement to agencies until City's 2011-2012 Action Plan is approved by HUD and a grant agreement is received by City. 4. DUTIES AND RESPONSIBILITIES OF CITY. 4.1 Reimbursement of CDBG Funds. City shall pay up to Forty Four Thousand Eight Hundred Fifty Five and 40/100 ($44,855.40) of CDBG Funds on a reimbursement of expenses basis, under the terms and conditions herein. 4.2 City Will Monitor. City will monitor the activities and performance of Contractor and any of its contractors or subcontractors as necessary, but no less than annually. 5. CONTRACTOR OBLIGATIONS. CDBG SUBRECIPIENT CONTRACT Rev 09/01'2011 Day Resource Center for the Homeless 5.1 Required Services. In accordance with the terms and conditions of this Contract,Contractor shall perform the service as described in Exhibit"A"—Program Summary. 5.2 Use of CDBG Funds. 5.2.1. Expenditures in Compliance with CDBG ReL-ulations and Contract. Contractor shall be reimbursed for the Program costs with CDBG Funds only if: 5.2.1.1 Costs are eligible expenditures in accordance with CDBG Regulations as determined by the City in its sole discretion. 5.2.1.2 Costs are in compliance with this Contract as determined by the City in its sole discretion and are reasonable and consistent with industry norms. 5.2.1.3 Contractor must submit Complete Documentation as determined by the City in its sole discretion. 5.2.2. Budget. CDBG Funds will be reimbursed in accordance with Exhibit "B" - Budget. During the Term, Contractor may submit written proposals to increase or decrease line- item amounts in the Budget; such approvals are subject to approval by the director of the City's Housing and Economic Development Department ("Director"). If Director gives written approval of Contractor's proposed Budget amendment (as approved, the "Amended Budget"), then the Amended Budget will take effect on the first day of the month following the month in which it was approved by Director. No Amended Budgets will be approved after August 15, 2012. 5.2.3. Payment of CDBG Funds to Contractor. CDBG Funds will be disbursed to Contractor on a reimbursement basis upon Contractor's written and signed request for reimbursement and submission of Complete Documentation to City. 5.3 Program Performance Milestones. Contractor warrants that the Program will achieve the following milestones: 1 9.09% 9.09% 9.09% 2 18.18% 18.18% 18.18% 3 27.27% 27.27% 27.27% 4 36.36% 36.36% 36.36% 5 45.45% 45.45% 45.45% 6 54.54% 54.54% 54.54% 7 63.63% 63.63% 63.63% 8 72.72% 72.72% 72.72% CDBG SUBRECIPIENT CONTRACT 3 Rev 09/01%201 1 Day Resource Center for the Homeless 9 81.81% 81.81% 81.81% 10 90.90% 90.90% 90.90% 11 100% 100% 100% Failure of Contractor to meet or material deviation from the milestones outlined in this Section 5.3 is a breach of the Contract. In the event of such breach, City reserves the right at its sole option to delay or withhold reimbursement payments, to lower the allocation of CDBG Funds, or to terminate this Contract. 5.4 Change in Contractor's Program Budget. 5.4.1 Contractor 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. 5.4.2 Contractor agrees to utilize funds available under this Contract to supplement rather than supplant funds otherwise available for use in the Program. 5.5 Commingled Funds. Contractor will not commingle CDBG Funds with any other funds in any manner that would prevent City from readily identifying expenditures for operation of the Program. 6. CLIENT ELIGIBILITY VERIFICATION. 6.1 Client Eligibility. Contractor agrees that prior to offering any services to a prospective client, Contractor will document the eligibility of the client in one of the following ways. Only one of the following methods will apply to this Contract; the relevant method for this contract is Section 6.1.3. All other subsections of Section 6.1 are not applicable to this Contract. In all instances below, Contractor may redact the client's personal information and substitute a client number. 6.1.1 Contractors Receiving HOPWA Funds. 6.1.1.1 Income. Contractor must verify all new clients' income eligibility with either Source Documentation or the form attached as Exhibit E — Form of Self Certification. Contractor must use the annual income defmition used by 24 CFR 5.609 to establish client income eligibility. Contractor shall use the most current HUD Income Guidelines. 6.1.1.2 Diagnosis. Contractor must submit a signed, dated statement that the client's file contains documentation of the clients' diagnosis of HIV/AIDS. The HIV/AIDS diagnosis must be made by a licensed health care provider; a client's self certification of diagnosis is not sufficient. Contractor should not submit the actual diagnosis to City. CDBG SUBRECIPIENT CONTRACT 4 Re% 09/01/2011 Day Resource Center for the Homeless 6.1.1.3 Emergency Need. For clients receiving short term rental, mortgage, or utility assistance, Contractor must also verify and document that the client has an emergency need, such as sudden loss of income, eviction, utility shutoff, or extraordinary and unexpected healthcare costs. 6.1.2 Contractors Receiving ESG Funds. 6.1.2.1 Homelessness Status. Contractor must verify that all new clients meet or are at imminent risk of meeting the definition of homelessness described in 42 U.S.C. 11302, as amended from time to time. Acceptable forms of verification include: i. For emergency shelter or essential services for homeless persons (including childcare for homeless clients): 1. a signed, dated statement from the client stating that the client is homeless, or that the client is homeless by virtue of fleeing domestic violence. ii. For transitional housing services: 1. a signed, dated statement from the client stating that the client is homeless, 2. a signed referral from an emergency shelter,or 3. evidence documenting that the client was evicted within one week of receiving service from Contractor, such as a formal eviction notice or a signed and dated statement from the family member displacing the client. iii. For prevention services: 1. documentation of sudden reduction in income, 2. one of the following: documentation of formal eviction proceedings, utility termination notice, or signed and dated statement from family member displacing client, 3. documentation of client's reasonable prospects of resuming payment of rent or utilities, as applicable, within a reasonable time, and 4. evidence documenting that the client is not receiving assistance from other homelessness prevention agencies or funding sources. 6.1.3 Contractors Receiving CDBG Funds and Serving a Presumed Benefit Clientele. 6.1.3.1 Presumed Benefit Status. Contractor must document that all clients served fall under a "presumed benefit" category as defined in 24 CFR 570. Relevant categories of presumed benefit are: CDBG SUBRECIPIENT CONTRACT 5 Rev 09/01/2011 Day Resource Center for the Homeless severely disabled adults, homeless persons, or abused or neglected children and youth. Eligible forms of documentation include: (a) Severely Disabled Adults. Written, signed and dated diagnosis of a severe disability from a licensed diagnostic professional. (b) Homeless Persons. A signed, dated statement from the client stating that the client is homeless, or a referral from a homeless service provider. (c) Abused or Neglected Children and Youth. A written, signed, and dated certification of abuse or neglect from a court or an agent of the Texas Department of Family and Protective Services. 6.1.4 Contractors Receiving CDBG Funds and Serving a 51% Client Program. 6.1.4.1 Income. Contractor must verify all new clients' income eligibility with either Source Documentation or the form attached as Exhibit E — Form of Self Certification. Contractor must use the annual income definition used by 24 CFR 5.609 to establish client income eligibility. Contractor shall use the most current HUD Income Guidelines. All clients' income must be documented, but only 51% of clients must meet income eligibility requirements described in 24 CFR 5.609. 6.1.5 Contractors Receiving CDBG Funds and Serving a 100% Client Program. 6.1.5.1 Income. Contractor must verify all new clients' income eligibility with either Source Documentation or the form attached as Exhibit E — Form of Self Certification. Contractor must use the annual income definition used by 24 CFR 5.609 to establish client income eligibility. Contractor shall use the most current HUD Income Guidelines. All clients' income must be documented, and 100% of clients must meet income eligibility requirements described in 24 CFR 5.609. 6.2 Eligibility Documentation. Contractor must submit copies of all relevant components of the eligibility verification documentation described under Section 6.1 with Attachment III in each month's reimbursement request, and must maintain copies of such documentation as required under this Contract. Contractor is only required to submit the eligibility verification documentation for any given client the first month that the client appears on Attachment III. 7. Additional CDBG Requirements. CDBG SUBRECIPIENT CONTRACT 6 Rev 09/01-201 1 Day Resource Center for the Homeless Contractor agrees to comply with all requirements of the CDBG Program as stated in the CDBG Regulations, including,but not limited to the following: 7.1 Environmental Review. CDBG Funds will not be paid, and costs cannot be incurred until City has conducted and completed an environmental review as required under 24 CFR Part 58. The environmental review may result in a decision to proceed with, modify, or cancel the Program. Further, Contractor will not undertake or commit any funds to physical or choice limiting actions. Any violation of this provision will result in the denial of any funds 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 (1) satisfactory completion of environmental review and receipt by City of an authorization to use grant funds from HUD under 24 CFR Part 58, (2) approval of City's 2011-2012 Action Plan and receipt by City of grant agreement from HUD. 7.3. Monitoring. 7.3.1 Contractor understands and agrees that it will be subject to monitoring by City for compliance with the CDBG Regulations for the duration of this Contract and until the Program is closed in HUD's IDIS system. Contractor will provide reports and access to Program files as requested by City for 5 years after closeout of this Contract in HUD's IDIS system, and will meet all the reporting requirements set out in this Contract. This Section shall survive the termination or expiration of this Contract. 7.3.2 City, HUD, and the United States Comptroller General or their respective representatives shall have access at all reasonable hours to the Contractor's offices and records dealing with the use of the CDBG Funds that are the basis of this Contract, and its officers, directors, agents, employees, and contractors for the purpose of such monitoring. 7.3.3 In addition to other provisions of this Contract regarding frequency of monitoring, City reserves the right to perform desk reviews or on-site monitoring of Contractor's compliance with the terms and conditions of this Contract, and of the adequacy and timeliness of Contractor's performance under this Contract. After each monitoring visit, City shall provide Contractor with a written report of the monitor's findings. If the monitoring report notes deficiencies in Contractor's performance, the report shall include requirements for the timely correction of said deficiencies by Contractor. Failure by Contractor 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 Contractor will maintain all records related to this Contract for a minimum of five years after termination of the Contract. CDBG SUBRECIPIENT CONTRACT 7 Rev 09/01,2011 Day Resource Center for the Homeless 7.4 Contractor Procurement Standards. Contractor shall establish procurement procedures to ensure that materials and services are obtained in a cost effective manner. When procuring services to be provided under this Contract, Contractor shall comply at a minimum with the procurement standards at 24 CFR Part 84.40 through 24 CFR Part 84.48. 7.5 Cost Principles/Cost Reasonableness. Contractor shall administer its use of CDBG Funds in compliance with OMB Circular A-122, "Cost Principles for Non-Profit Organizations", as amended from time to time. The allowability of costs incurred for performance rendered shall be determined in accordance with OMB Circular A-122 as supplemented by the provisions of this Contract. 7.6 Accounting Standards. Contractor agrees to comply with OMB Circular A-110, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and other Non-Profit Organizations", and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 7.7 Terms Applicable to Contractors and Subcontractors. Contractor understands and agrees that all terms of this Contract shall apply to any and all contractors and subcontractors of Contractor which are in any way paid with CDBG Funds or who perform any work in connection with Contractor's Program. Contractor shall monitor the services and work performed by its contractors and subcontractors for compliance with the CDBG Regulations. Contractor is liable for all violations of the CDBG Regulations committed by its contractors or subcontractors. 8. REPORTING AND DOCUMENTATION REOUIREMENTS. Contractor shall maintain a record-keeping system as part of its performance of this Contract and shall promptly provide City with copies of any document City deems necessary for the effective fulfillment of City's monitoring and evaluation responsibilities. Specifically, Contractor will keep or cause to be kept an accurate record of all actions taken and all funds spent,with source and back-up documentation. 9. REIMBURSEMENT REQUIREMENTS. 9.1 Each Reimbursement Request shall be received by the City on or before the 15`h day of the month following the month expenses were paid. For example, Reimbursement Requests for June expenses must be received by July 15. In the event the 15`h falls on a weekend or City holiday, Reimbursement Requests shall be due the next business day. Failure to submit a Reimbursement Request in a timely fashion will result in City initiating procedures as outlined in Section 10.1. NOTWITHSTANDING ANYTHING ABOVE, EXPENSES FOR SEPTEMBER 2012 MUST BE RECEIVED BY SEPTEMBER 20, 2012, FAILURE TO SUBMIT A COMPLETE REIMBURSEMENT REQUEST BY SEPTEMBER 20, 2012 WILL RESULT IN AN AUTOMATIC FORFEITURE OF THE SEPTEMBER PAYMENT. CDBG SUBRECIPIENT CONTRACT 8 Rev 09/01 2011 Day Resource Center for the Homeless 9.2 With each Reimbursement Request, Contractor shall provide City with the following reports (found in EXHIBIT D — REPORTING FORMS) and Complete Documentation: 9.2.1 Attachment I— Invoice. This report shall contain the amount requested for reimbursement each month, and the cumulative reimbursement requested to date(inclusive of that month's request). Even if Contractor is requesting $0 for a particular month, this report must be submitted. This report must be signed by an authorized signatory of the Contractor (authorized signatories of Contractor are: Bruce Frankel Executive Director Lisa Trammell Contract Accountant By signing Attachment I, Contractor is certifying that the costs are valid, eligible, and consistent with the terms and conditions of this Contract, and the data contained in the report is true and correct. 9.2.2 Attachment II — Expenditure Worksheet. This report shall itemize each expense requested for reimbursement by Contractor and shall include the Account corresponding the expense to a budget line item in Attachment II. Expenses must comply with the rates and allocations described in Exhibit B—Budget. In order for this report to be complete the following must be submitted: 9.2.2.1 Timesheets signed by employees and approved by supervisor for all payroll expenses listed. Timesheets must distinguish between CDBG funded time and non-CDBG funded time and reflect actual time spent on CDBG funded activities. 9.2.2.2 Invoices for all non-payroll expenses listed — the invoice must clearly show it pertains to the Program described in the Program description. 9.2.2.3 Proof that the expenses were paid by Contractor, 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 client served during the month along with their demographic information. Clients served in multiple months should be listed each month. The report shall be cumulative throughout the Program, with new clients added to the form each month. In order for this report to be complete the following must be submitted: 9.2.3.1 Documentation of income verification for each client, which will either be the Source Documentation described in Section 6.2.1, or the completed Form of Self Certification attached hereto as Exhibit E. This documentation shall only be submitted the first time a client is listed on Attachment III—Client Data Report. The City retains the right to change reporting requirements and forms at its discretion. Upon such change, then the Parties shall execute an amendment to the Contract. CDBG SUBRECIPIENT CONTRACT 9 Rev 09/01,'201 1 Day Resource Center for the Homeless 9.3 Withholding Payment. IF THE REQUIRED REPORTS AND APPROPRIATE SUPPORTING DOCUMENTATION ARE NOT RECEIVED BY THE DUE DATE, CITY SHALL WITHHOLD PAYMENTS REQUESTED UNDER THIS CONTRACT. Failure to submit required reports shall be an event of default. 10. DEFAULT AND TERMINATION. 10.1 Failure to Submit Required Documentation 10.1.1 If Contractor fails to submit a Reimbursement Request by the deadline stated in Section 9.1, or if the submitted Reimbursement Request is incomplete or otherwise not in compliance with this Contract or CDBG Regulations as determined by City, Contractor shall be in default of this Contract. City will notify Contractor in writing of such default and the Contractor will have 10 calendar days from the date of the written notice to submit or resubmit any such Reimbursement Request to cure the default. If the Contractor fails to cure the default within such time, Contractor shall forfeit any payments otherwise due that month. 10.1.2 NOTWITHSTANDING 10.1.1, FOR THE REIMBURSEMENT REQUEST DUE SEPTEMBER 20, 2012, IF CONTRACTOR FAILS TO SUBMIT A REIMBURSEMENT REQUEST, OR IF THE SUBMITTED REIMBURSEMENT REQUEST IS INCOMPLETE OR OTHERWISE NOT IN COMPLIANCE WITH THIS CONTRACT OR CDBG REGULATIONS AS DETERMINED BY CITY, THERE WILL BE NO CURE PERIOD AND ANY REIMBURSEMENT WILL BE AUTOMATICALLY FORFIETED. 10.1.3 In the event of more than two instances of default, cured or uncured, City reserves the right at its sole option to terminate this Contract effective immediately upon written notice of such intent with no penalty or liability to City. 10.1.4 Notwithstanding anything to the contrary herein, City will not be required to pay any CDBG Funds to Contractor during the period that any report or documentation is past due or is not in compliance with this Contract or the CDBG Regulations, or during any period during which Contractor is in default of this Contract. In the event of termination under this Section 10.1, all CDBG Funds awarded but unpaid to Contractor pursuant to this Contract shall be immediately forfeited and Contractor shall have no further right to such funds. 10.2 In General. Subject to Section 10.1, and unless specifically provided otherwise in this Contract, Contractor shall be in default under this Contract if Contractor breaches any term or condition of this Contract. In the event that such a breach remains uncured after thirty (30) calendar days following written notice by City (or such other notice period as CDBG SUBRECIPIENT CONTRACT 10 Rev 09/01,2011 Day Resource Center for the Homeless may be specified herein) or, if Contractor has diligently and continuously attempted to cure following receipt of such written notice but reasonably required more than thirty (30) calendar days to cure, as determined by both Parties mutually and in good faith, City shall have the right to elect, as determined in City's sole discretion, to terminate this Contract effective immediately upon written notice of such intent to Contractor, or to pursue any other legal remedies available to City. In the event of termination under this Section 10.2, all CDBG Funds awarded but unpaid to Contractor pursuant to this Contract shall be immediately rescinded and Contractor shall have no further right to such funds, and any CDBG Funds already paid to Contractor must be repaid to City within 30 days of the termination. 10.3 No Funds Disbursed while in Breach. Contractor understands and agrees that no CDBG Funds will be paid to Contractor until all defaults are cured to the satisfaction of City. 10.4 No Compensation After Date of Termination. In the event of termination, Contractor shall not receive any compensation for work undertaken after the date of the termination. 10.5 Rights of City Not Affected. Termination shall not affect or terminate any of the existing rights of City against Contractor, or which may thereafter accrue because of such default. Such termination does not terminate any applicable provisions of this Contract that have been expressly noted as surviving the term or termination of the Contract. 10.6 Waiver of Breach Not Waiver of Subsequent Breach. The waiver of a breach of any term, covenant, or condition of this Contract shall not operate as a waiver of any subsequent breach of the same or any other term, covenant or condition hereof. 10.7 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. 10.8 Termination for Cause. City may terminate this Contract in the event of Contractor's default, inability, or failure to perform, or otherwise whenever such termination is determined by City to be in City's best interest. Likewise, Contractor may terminate this Contract if City does not provide the CDBG Funds substantially in accordance with this Contract. 10.9 Termination for Convenience. In terminating in accordance with 24 C.F.R. 85.44 this Contract may be terminated in whole or in part only as follows: 10.9.1 By City with the consent of Contractor 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 CDBG SLIBRECIPIENT CONTRACT 1 1 Rev 09/01,2011 Day Resource Center for the Homeless 10.9.2 By the Contractor upon 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. However, if, in the case of a partial termination, City determines that the remaining portion of the Contract to be performed or CDBG Funds to be spent will not accomplish the purposes for which the Contract was made, City may terminate the Contract in its entirety. 10.10 Dissolution of Contractor Terminates Contract. In the event Contractor is dissolved or ceases to exist, all assets acquired with CDBG Funds including cash, interest payments from loans or otherwise, all outstanding notes, mortgages or other security instruments used to secure CDBG Funds, any accounts receivable attributable to the use of CDBG Funds, and any real or personal property owned by Contractor that was acquired or improved with CDBG Funds shall automatically transfer to City and this Contract shall terminate. 11. REPAYMENT OF CDBG FUNDS. All CDBG Funds are subject to repayment in the event the Program does not meet the requirements as set out in this Contract or in the CDBG Regulations. 12. CHANGE IN NON-PROFIT STATUS. If the non-profit status of Contractor changes after the date of this Contract, City may but is not obligated to, terminate this Contract. Contractor must provide City with written notification of any changes to its non-profit status within 15 days of being notified of the change. City has 30 days to make such determination after receipt of notice from Contractor and failure to make such determination will constitute a waiver. In the event of termination under this Section 12, all CDBG Funds awarded but unpaid to Contractor pursuant to this Contract shall be immediately rescinded and Contractor shall have no further right to such funds, and any CDBG Funds already paid to Contractor must be repaid to City within 30 days of the termination. 13. SURVIVAL. Any provision of this Contract that pertains to auditing, monitoring, client income eligibility, record keeping and reports, City ordinances, or applicable CDBG requirements, and any default and enforcement provisions necessary to enforce such provisions, shall survive the termination of this Contract for five (5) years after the termination date and shall be enforceable by City against Contractor. 14. GENERAL PROVISIONS 14.1 Independent Contractor. Contractor shall operate hereunder as an independent contractor and not as an officer, agent, servant or employee of City. Contractor 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 CDBG SUBRECIPIENT CONTRACT Rev 09/01!2011 Day Resource Center for the Homeless and omissions of its officers, members, agents, servants, employees, contractors, clients, licensees or invitees. 14.2 Doctrine of Respondeat Superior. The doctrine of respondeat superior shall not apply as between City and Contractor, its officers, members, agents, servants, employees, contractors, clients, licensees or invitees, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Contractor. City does not have the legal right to control the details of the tasks performed hereunder by Contractor, its officers, members, agents, employees, contractors, licensees or invitees. 14.3 Contractor Property. City shall under no circumstances be responsible for any property belonging to Contractor, its officers, members, agents, employees, contractors, clients, licensees or invitees that may be lost, stolen or destroyed or in any way damaged and CONTRACTOR HEREBY INDEMNIFIES AND HOLDS HARMLESS CITY AND ITS OFFICERS, AGENTS, AND EMPLOYEES FROM ANY AND ALL CLAIMS OR SUITS PERTAINING TO OR CONNECTED WITH SUCH PROPERTY. 14.4 Religious Organization. No portion of the CDBG Funds shall be used in support of any sectarian or religious activity. In addition, there must be no religious or membership criteria for clients of a CDBG-funded service. 14.5 Audit. 14.5.1 Entities that Expend$500,000 or more in Federal Funds Per Year. All non-federal entities that expend $500,000 or more in Federal funds within one year, regardless of the source of the Federal award, must submit to City an annual audit prepared in accordance with specific reference to OMB Circular A-133. The audit shall cover the Contractor's fiscal years during which this Contract is in force. The audit must be prepared by an independent certified public accountant,be completed within 6 months following the end of the period being audited and be submitted to City within 30 days of its completion. Contractor's audit certification is attached hereto as Exhibit "C" — "Audit Certification Form"and"Audit Requirements". The Audit Certification Form must be submitted to City within 60 days of the end of period being audited(Contractor's fiscal year). Entities that expend less than $500,000 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. 14.5.2 City Reserves the Rieht to Audit. City reserves the right to perform an audit of Contractor's Program operations and finances at any time during the term of this Contract and for five (5) years after the termination thereof. Contractor agrees to allow access to all pertinent materials as described herein. If such audit reveals a questioned practice or expenditure, such questions must be resolved within 15 business days after notice to Contractor of such CDBG SUBRECIPIENT CONTRACT 13 Rev 09/01/2011 Day Resource Center for the Homeless questioned practice or expenditure. If questions are not resolved within this period, City reserves the right to withhold further funding under this and/or future contract(s) with Contractor. IF AS A RESULT OF ANY AUDIT IT IS DETERMINED THAT CONTRACTOR HAS FALSIFIED ANY DOCUMENTATION OR MISUSED, MISAPPLIED OR MISAPPROPRIATED CDBG FUNDS OR SPENT CDBG FUNDS ON ANY INELIGIBLE ACTIVITIES, CONTRACTOR AGREES TO REIMBURSE CITY THE AMOUNT OF SUCH MONIES PLUS THE AMOUNT OF ANY SANCTIONS, PENALTY OR OTHER CHARGE LEVIED AGAINST CITY BY HUD BECAUSE OF SUCH ACTIONS. 14.6 Venue. Venue for any action, whether real or asserted, at law or in equity,arising out of the execution,performance, attempted performance or non-performance of this Contract, shall lie in Tarrant County, Texas. 14.7 Governing Law. In any questions involving state law, for any action, whether real or asserted, at law or in equity, arising out of the execution, performance or non-performance of this Contract, in any issue not governed by federal law, the choice of law shall be the law from the State of Texas. 14.8 Severability. The provisions of this Contract are severable, and, if for any reason a clause, sentence, paragraph or other part of this Contract shall be determined to be invalid by a court or Federal or state agency,board or commission having jurisdiction over the subject matter thereof, such invalidity shall not affect other provisions which can be given effect without the invalid provision. 14.9 Written Agreement Entire Contract. This written instrument and the Addendums, Attachments, and Exhibits attached hereto, which are incorporated by reference and made a part of this Contract for all purposes, constitute the entire agreement by the Parties hereto 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 must be executed by each Party to this Contract. 14.10. Paragraph Headings for Reference Only,No Legal Significance. The paragraph headings contained herein are for convenience in reference to this Contract and are not intended to define or to limit the scope of any provision of this Contract. 14.11 Compliance With All Applicable Laws and Regulations. By signing this Contract, Contractor certifies that it complies with all applicable laws and regulations that are currently in effect or that are hereafter amended during the performance of this Contract. Those laws include,but are not limited to: CDBG SUBRECIPIENT CONTRACT 14 Rev 09/01/201 1 Day Resource Center for the Homeless ➢ CDBG Regulations found in 24 CFR Part 570. ➢ Title I of the Housing and Community Development Act of 1974, as amended, (42 USC 5301 )0- Title VI of the Civil Rights Act of 1964 (42 U.S.C. Sections 2000d et seq.) including provisions requiring recipients of federal assistance to ensure meaningful access by person of limited English proficiency ➢ The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. Sections 3601 et seq.) ➢ Executive Orders 11063, 11246 as amended by 11375 and 12086 and as supplemented by Department of Labor regulations 41 CFR, Part 60 ➢ The Age Discrimination in Employment Act of 1967 ➢ The Age Discrimination Act of 1975 (42 U.S.C. Sections 6101 et seq.) ➢ The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970(42 U.S.C. Sections 4601 et seq. and 49 CFR Part 24) ("URA") ➢ Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. Sections 794 et seq.) and 24 CFR Part 8 where applicable ➢ National Environmental Policy Act of 1969, as amended, 42 U.S.C. sections 4321 et seq. ("NEPA") and the related authorities listed in 24 CFR Part 58. ➢ The Clean Air Act, as amended, (42 U.S.C. Sections 1251 et seq.) and the Clean Water Act of 1977, as amended (33 U.S.C. Sections 1251 et seq.) and the related Executive Order 11738. In no event shall any amount of the assistance provided under this Contract be utilized with respect to a facility that has given rise to a conviction under the Clean Air Act or the Clean Water Act. ➢ Immigration Reform and Control Act of 1986 (8 U.S.C. Sections 1101 et seq.) specifically including the provisions requiring employer verifications of legal status of its employees ➢ The Americans with Disabilities Act of 1990 (42 U.S.C. Sections 12101 et seq.), the Architectural Barriers Act of 1968 as amended (42 U.S.C. sections 4151 et seq.) and the Uniform Federal Accessibility Standards, 24 CFR Part 40, Appendix A ➢ Regulations at 24 CFR Part 87 related to lobbying, including the requirement that certifications and disclosures be obtained from all covered persons ➢ Drug Free Workplace Act of 1988 (41 U.S.C. Sections 701 et seq.) and 24 CFR Part 23, Subpart F ➢ Executive Order 12549 and 24 CFR Part 5.105(c) pertaining to restrictions on participation by ineligible, debarred or suspended persons or entities ➢ Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act ➢ Guidelines of the Environmental Protection Agency at 40 CFR Part 247 For contracts and subgrants for construction or repair, Copeland "Anti- Kickback"act(18 U.S.C. 874) as supplemented in 29 CFR Part 5 For construction contracts awarded by Contractor in excess of$2,000, and in excess of $2,500 for other contracts which involve the employment of mechanics or laborers, Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327A 300) as supplemented by 29 CFR Part 5 CDBG SUBRECIPIENT CONTRACT 15 Rev 09/01/2011 Day Resource Center for the Homeless ➢ Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et seq.), as amended by the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851 et seq.) and implementing regulations at 24 CFR Part 35, subparts A, B, M, and R ➢ Uniform Administration Requirements of 24 CFR Part 85 Requirement that Law Be Quoted in Covered Contracts. — Certain 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 work performed under this Contract is on a program assisted under a program providing direct Federal financial assistance from HUD, Section 3 of 24 CFR 135.38 ("Section 3")requires that the following clause, shown in italics,be inserted in all covered contracts("Section 3 Clause"): Section to be quoted in covered contracts begins: `A. The work to be 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. The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would 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 understanding, if any, a notice advising the labor organization or workers'representatives of the contractor's commitments under this Section 3 clause and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can seethe notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprentice and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The contractor agrees that it will include this Section 3 clause in every subcontract to comply with regulation in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The contractor will not subcontract with any subcontractor where it has notice CDBG SUBRECIPIENT CONTRACT ]6 Rev 09/0 U201 1 Day Resource Center for the Homeless or knowledge that the subcontractor has been found in violation of regulations in 24 CFR 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 135. F. Noncompliance with HUD's regulation in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. G. With respect to work performed in connection with Section 3 covered Indian housing assistance, section 7(b) of the Indian Self- Determination and Education Assistance Act(25 U.S.C. section 450e) also applies to the work to be performed under this Contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii)preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and Section 79b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with Section 7(b). " Section to be quoted in covered contracts ends. City and Contractor understand and agree that, if applicable to the Program, compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of HUD shall be a condition of the Federal financial assistance provided to the Program binding upon City and Contractor, and their respective successors, assigns and the contractors. Failure to fulfill these requirements shall subject Contractor and its contractors and their respective successors and assigns to those sanctions specified by the grant agreement through which Federal assistance is provided and to such sanctions as are specified by 24 CFR Part 135. 14.12 Prohibition Against Discrimination. 14.12.1 General Statement. Contractor, in the execution, performance or attempted performance of this Contract, shall comply with all non-discrimination requirements of 24 CFR 570.607 and the ordinances codified at Chapter 17, Article III, Division 4 — Fair Housing of the City Code . Contractor 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 Contractor permit its officers,members, agents, employees, or clients to engage in such discrimination. 14.12.2 No Discrimination in Employment during the Performance of this Contract. CDBG SUBRECIPIENT CONTRACT 17 Re%09/01,2011 Day Resource Center for the Homeless During the performance of this Contract Contractor 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: Day Resource Center for the Homeless 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. Day Resource Center for the Homeless 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. Day Resource Center for the Homeless agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. Day Resource Center for the Homeless will, in all solicitations or advertisements for employees placed by or on behalf of Day Resource Center for the Homeless , 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. Day Resource Center for the Homeless 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. Day Resource Center for the Homeless further covenants that neither it nor its officers, members, agents, employees, contractors, or persons acting on their behalf, shall specify, in solicitations or advertisements for employees to work on this Contract, a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan or statutory requirement. 14.12.3 Contractor's Contractors and ADA. In accordance with the provisions of the Americans With Disabilities Act of 1990 ("ADA"), Contractor warrants that it and any of its contractors will not unlawfully discriminate on the basis of disability in the provision of services to the general public, nor in the availability, terms and/or conditions of employment for applicants for CDBG SUBRECIPIENT CONTRACT 18 Rev 09/01,2011 Day Resource Center for the Homeless employment with, or employees of Contractor or any of its contractors. CONTRACTOR WARRANTS IT WILL FULLY COMPLY WITH ADA'S PROVISIONS AND ANY OTHER APPLICABLE FEDERAL, STATE AND LOCAL LAWS CONCERNING DISABILITY AND WILL DEFEND, INDEMNIFY AND HOLD CITY HARMLESS AGAINST ANY CLAIMS OR ALLEGATIONS ASSERTED BY THIRD PARTIES OR CONTRACTORS AGAINST CITY ARISING OUT OF CONTRACTOR'S AND/OR ITS CONTRACTORS', AGENTS' OR EMPLOYEES' ALLEGED FAILURE TO COMPLY WITH THE ABOVE- REFERENCED LAWS CONCERNING DISABILITY DISCRIMINATION IN THE PERFORMANCE OF THIS CONTRACT. This Contract is made and entered into with reference specifically to the ordinances codified at Chapter 17, Article III, Division 3 -Employment Practices of the City Code, and Contractor hereby covenants and agrees that Contractor, its officers, members, agents, employees and contractors, have fully complied with all provisions of same and that no employee, applicant or client has been discriminated against under the terms of such ordinances by either or its officers,members, agents, employees or contractors. 14.13. Prohibition Against Interest/Conflict of Interest. 14.13.1 Contractor 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. Contractor shall disclose to City any conflict of interest or potential conflict of interest described above, immediately upon discovery of such. 14.13.2 No persons who are employees, agents, consultants, officers or elected officials or appointed officials of City or of Contractor 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, unless they are accepted in accordance with the procedures set forth at 24 CFR 570.611. 14.13.3 Contractor affirms that it will adhere to the provisions of the Texas Penal Code which prohibits bribery and gifts to public servants. 14.13.4. In the procurement of property and services by Contractor, the conflict of interest provisions of 24 CFR Part 85.36 and 24 CFR Part 84.42, respectively, shall apply. In all cases not governed by those sections, the provisions of 24 CFR 570.611 of the CDBG Regulations shall apply. 14.13.5 For procurement contracts larger than $25,000.00 CDBG Si1BRECIPIENT CONTRACT 19 Rev 09/01,2011 Day Resource Center for the Homeless Contractor agrees to abide by City's policy to involve Minority and Women 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. Contractor agrees to incorporate City Ordinance No. 15530, and all amendments or successor policies thereto, into all contracts and subcontracts for procurement larger than$25,000.00 and will further require all persons or entities with whom it so contracts to comply with said ordinance. 14.16 Other Laws. The failure to list any federal, state or City ordinance, law or regulation that is applicable to Contractor does not excuse or relieve Contractor from the requirements or responsibilities in regard to following the law, nor from the consequences or penalties for Contractor's failure to follow the law, if applicable. 14.17 Assignment. Contractor 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 Contractor Contracts. It is agreed that City has the right to inspect and approve in writing any proposed contracts between Contractor and any contractor engaged in any activity in conjunction with this CDBG funded Program. 14.19 Force Maieure If Contractor 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 States, civil disturbances, or explosions, or some other reason beyond such Contractor's control (collectively, "Force Majeure Event"), the obligations so affected by such Force Majeure Event will be suspended only during the continuance of such event. Contractor will give City written notice of the existence, extent and nature of the Force Majeure Event as soon as reasonably possible after the occurrence of the event. Failure to give notice will result in the continuance of the Contractor's obligation regardless of the extent of any existing Force Majeure Event. Contractor will use commercially reasonable efforts to remedy its inability to perform as soon as possible. 15. Indemnification and Release. CONTRACTOR 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 CDBG SUBRECIPIENT CONTRACT ?0 Rev 09/0 1/201 I Day Resource Center for the Homeless 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 CONTRACTOR 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 HINDS 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. CONTRACTOR 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 CONTRACTOR, ITS OFFICERS, MEMBERS, AGENTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, INVITEES, LICENSEES, OR CLIENTS, OR CAUSED, IN WHOLE OR IN PART,BY ALLEGED NEGLIGENCE OF OFFICERS,AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS OF CITY. IT IS THE EXPRESS INTENTION OF THE PARTIES, BOTH CONTRACTOR AND CITY, THAT THE INDEMNITY PROVIDED FOR THIS SECTION INCLUDES INDEMNITY BY CONTRACTOR TO INDEMNIFY AND PROTECT CITY FROM THE CONSEQUENCES OF CITY'S OWN NEGLIGENCE, WHETHER THAT NEGLIGENCE IS ALLEGED TO BE THE SOLE OR CONCURRING CAUSE OF THE INJURY,DAMAGE OR DEATH. CONTRACTOR AGREES TO AND SHALL RELEASE CITY, ITS AGENTS,EMPLOYEES, OFFICERS AND LEGAL REPRESENTATIVES FROM ALL LIABILITY FOR INJURY,DEATH,DAMAGE OR LOSS TO PERSONS OR PROPERTY SUSTAINED IN CONNECTION WITH OR INCIDENTAL TO PERFORMANCE UNDER THIS CONTRACT, EVEN IF THE INJURY, DEATH, DAMAGE OR LOSS IS CAUSED BY CITY'S SOLE OR CONCURRENT NEGLIGENCE. CONTRACTOR SHALL REQUIRE ALL OF ITS CONTRACTORS AND SUBCONTRACTORS TO INCLUDE IN THEIR CONTRACTS AND SUBCONTRACTS A RELEASE AND INDEMNITY IN FAVOR OF CITY IN CDBG St BRECIPIENT CONTRACT ] Rev 09101/2011 Day Resource Center for the Homeless SUBSTANTIALLY THE SAME FORM AS ABOVE. 16. Waiver of Immunity by Contractor. If Contractor, 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, Contractor hereby expressly waives its rights to plead defensively such immunity or exemption as against City. This section shall not be construed to affect a governmental entity's immunities under constitutional, statutory or common law. 17. Insurance and Bonding. Contractor will maintain blanket fidelity coverage in the form of insurance or bond in the amount of $44,855.40 to insure against loss from the fraud, theft or dishonesty of any of Contractor's officers, agents, trustees, directors or employees. The proceeds of such 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 thereunder shall be made directly to City. Contractor 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, Contractor 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. Contractor shall maintain, or require its general contractor to maintain, the following coverages and limits thereof: Commercial General Liabili (tom CGL) Insurance $500,000 each occurrence $1,000,000 aggregate limit Non-Profit Organization Liability or Directors& Officers Liability $1,000,000 Each Occurrence $1,000,000 Annual Aggregate Limit Business Automobile Liability Insurance $1,000,000 each accident on a combined single-limit basis, or $250,000 Property Damage $500,000 Bodily Injury per person per occurrence $2,000,000 Aggregate Insurance policy shall be endorsed to cover"Any Auto" CDBG SUBRECIPIENT CONTRACT Rev 09/0 1/201 1 Day Resource Center for the Homeless Pending availability of the above coverage and at the discretion of City, the policy shall be the primary responding insurance policy versus a personal auto insurance policy if or when in the course of Contractor's business as contracted herein. Workers' Compensation Insurance Part A: Statutory Limits Part B: Employer's Liability $100,000 each accident $100,000 disease-each employee $500,000 disease-policy limit Note: Such insurance shall cover employees performing work on any and all Programs including but not limited to construction, demolition, and rehabilitation. Contractor or its contractors shall maintain coverages, if applicable. In the event the respective contractors do not maintain coverage, Contractor shall maintain the coverage on such contractor, if applicable, for each applicable contract. Additional Requirements Such insurance amounts shall be revised upward at City's reasonable option and no more frequently than once every 12 months, and Contractor shall revise such amounts within thirty(30) days following notice to Contractor of such requirements. Contractor 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. Each insurance policy shall be endorsed to provide City with a minimum sixty (60) days notice of cancellation,non-renewal, and/or material change in policy terms or coverage. 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. The Workers' Compensation Insurance policy shall be endorsed to include a waiver of subrogation, also referred to as a waiver of rights of recovery, in favor of City. Any failure on part of City to request certificate(s) of insurance shall not be construed as a waiver of such requirement or as a waiver of the insurance requirements themselves. Insurers of Contractor's insurance policies shall be licensed to do business in the state of Texas by the Department of Insurance or be otherwise eligible and authorized to do business in the state of Texas. Insurers shall be acceptable to City insofar as their financial strength and solvency and each such company shall have a current minimum A.M. Best Key Rating Guide rating of A: VII or other equivalent insurance industry standard rating otherwise approved by City. CDBG SUBRECIPIENT CONTRACT 23 Rev 09/01/2011 Day Resource Center for the Homeless 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. Contractor shall require its contractors to maintain applicable insurance coverages, limits, and other requirements as those specified herein; and, Contractor shall require its contractors to provide Contractor with certificate(s) of insurance documenting such coverage. Also, Contractor shall require its contractors to have City and Contractor endorsed as additional insureds (as their interest may appear) on their respective insurance policies. 18. Certification Regarding Lobbying. The undersigned representative of Contractor 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 Contractor, 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, Contractor shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying,"in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this Contract was made or entered into. Submission of this certificate is a prerequisite for making or entering into this Contract imposed by 31 U.S.C. Section 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000.00 and not more than$100,000.00 for each such failure. Contractor 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 CDBG SUBRECIPIENT CONTRACT '14 Rev 09/01'201 1 Day Resource Center for the Homeless Contractor shall give City immediate notice in writing of any action, including any proceeding before an administrative agency, filed against Contractor in conjunction with this Contract or the Program. Contractor shall furnish immediately to City copies of all pertinent papers received by Contractor with respect to such action or claim. Contractor shall provide a notice to City within 10 days upon filing under any bankruptcy or financial insolvency provision of law. 20. Notice. All notices required or permitted by this Contract must be in writing and are deemed delivered on the earlier date of the date actually received or the third day following deposit in a United States Postal Service post office or receptacle; with proper postage, certified mail return receipt requested; and addressed to the other Party at the address set out below or at such other address as the receiving Party designates by proper notice to the sending Party. i City Attorney's Office 1000 Throckmorton Street Fort Worth, TX 76102 Telephone: 817-392-7600 Copy to: Director of Housing and Economic Development 1000 Throckmorton Street Fort Worth, TX 76102 Telephone: 817-392-7540 Copy to: Program Coordinator 1000 Throckmorton Street Fort Worth, TX 76102 Telephone: 817-392-6342 Contractor: Bruce Frankel,Executive Director Day Resource Center for the Homeless 1415 E. Lancaster Avenue Fort Worth, TX 76102 Telephone: 817-690-8867 21. Contractor Has Legal Authority to Enter Into Contract. Contractor 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. [SIGNATURES APPEAR ON NEXT PAGE] CDBG SUBRECIPIENT CONTRACT 25 Rev 09/01/2011 Day Resource Center for the Homeless IN WITNESS WHEREOF, the Parties hereto have executed three copies of this Contract in Fort Worth,Tarrant County,Texas,this jc;Y,% day of pC,Ar 0%ne_r- 2011.2011. ATTEST: CITY OF T WORTH I� C By: City Secreta Sus Al is, Assistant City Manager M&C: C-25066 Date: August 2,2011 a�F �o�rnaa APPR D AS TO FO D LEGALITY: x7 o°°O0000va° �0 Com— 040 Assistant City Attorney a o '0-ft d o a d DAYRE RCE CENTER FOR THE HOMELESS �� °0000°°Q°o°° *� By. T-C tltio'Qo' Bruce Frankel Executive Director STATE OF TEXAS § COUNTY OF TARRANT § , This instrument was acknowledged before me on �` �2�, 2011 by Susan Alanis, Assistant City Manager of the City of Fort Worth, on behalf the City of Fort Worth. LINDA M.HIR.RL.INGER � MYCOMMISSIO�IEXPIRES Notary blic, State of Texas February 2,2014 STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on `� 02 a �� by Bruce Frankel, Executive Director of Day Resource Center for the Homeless, a non-profit corporation, on behalf of said corporation. w Nota Public, State of Texas OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX r;Pok MarnE sallo�s i' •"= MY COMMISSION EXPIRES :P. " March 17,2014 CDBG SUBRECIPIENT CONTRACT 26 Rev 09/01,'2011 Day Resource Center for the Homeless Day Resource Center for the Homeless EXHIBIT A Counseling Services PROGRAM SUMMARY PROGRAM SUMMARY Community Development Block Grant (CDBG) October 1,2011 to September 30,2012 $44,855.40 PERIOD AMOUNT PROGRAM SUMMARY The agency provides day time shelter and a centralized point for accessing case management and counseling services focusing on re-housing, employment, behavioral health,primary health,drug&alcohol rehabilitation,and life skills training. Services are available at 1415 East Lancaster Ave, Fort Worth, TX 76102 from 7:30am to 4:30pm Monday through Saturday and 12:30am to 4:30pm Sunday. CDBG program income funds will be used to pay a portion of salaries associated with counseling and client services. REGULATORY CLASSIFICATION: IDIS Matrix Code(s)and Service Category: 05 Public Services National Objective Citation: 570.208(a)(2) Regulatory Citation(s): 24 CFR 570.201(e) Based on the nature of the service provided, Day Resource Center for the Homeless will maintain documentation that verifies that 100% of clients served by the Counseling Services Program are homeless as established or defined by the United States Department of Housing and Urban Development(HUD). GEOGRAPHICAL LOCATION: Site Address: 1415 E. Lancaster, Fort Worth,TX Client Beneficiary Location (Neighborhood Name, Council District Number, or Citywide): 8 PROGRAM GOALS: Provide intake,case management, and counseling to 150 clients. CDBG St 7BRECIPIENT CONTRACT 27 Rev 09101!2011 Day Resource Center for the Homeless PROGRAM OBJECTIVES: Serve as a a point of access to assistance services for the homeless. Unduplicated Clients 150 Hours of Intake and Needs Assessment 120 Hours of Case Management 600 Hours of Individual Counseling 240 CDBG SCBRECIPIENT CONTRACT 28 Rev 09/01!2011 Day Resource Center for the Homeless EXHIBIT B-BUDGET 4 "'4444 Z z 4 M131M- Salaries 1001 FICA/Medicare 1002 Life Insurance 1003 Health Insurance 1004 Disability Insurance 1005 Unemployment-State 1006 Workers Compensation 1007 Legal&Accounting 1008 TOTAL ADMIN EXPENSES %Administrative Cost Salaries 2001 44855.4 25,662 FICA/Medicare 2002 1,955 Life Insurance 2003 Health Insurance 2004 Unemployment 2005 183 Worker's Compensation 2006 800 Retirement 2007 Office Supplies 3001 1,600 Office Equipment Rental 3002 Postage 3003 3,400 Printing 3004 2,000 W. I -7 Conference&Seminars 4001 500 Construction/Building Materials 4002 Contract Labor 4003 Craft Supplies 4004 00 Credit Reports 40705 Facility Fees 4006 Field Trip Costs 4007 Food Supplies 4008 Mileage 4009 Teaching Aids 4010 Training Costs 4011 uulygm Telephone 5001 Electric 5002 Gas 5003 Water and Wastewater 5004 Solid Waste Disposal 5005 Rent 5006 Custodial Services 5007 Repairs 5008 Cleaning Su lies 5009 Fidelity Bond or Equivalent 6001 600 Directors and Officers 6002 General Commercial Liability 6003 1,100 LegalFees 6004 Contract Accountin 6005 Childcare Scholarships 7001 Counseling—Individual Session 7002 Counseling—Group Session 7003 Short-term Rent Assistance 7004 Short-term Mortgage Assistance 7005 Short-term Utilities Assistance 7006 Tenant Based Rental Assistance 7007 Volunteer Trainin 7008 Furniture,Fixtures 8001 -Computers 8002 Office Equipment 8003 1 Sport and Recreation Equipment 8004 Ft INDING A: FOt)NDATION GRANT f I INDINO B I(,NDINO( I('NI)IN6 1) DAY RESOURCE CENTER FOR THE HOMELESS COUNSELING SERVICES SALARY DETAIL Position Rate Annual Hours Percent to Grant Amount to (Annual Grant Estimated Director of Client Services 20.19 2,080 30.1 12855.40 Counselor 15.39 2,080 100% 32,000 Day Resource Center for the Homeless Counseling Services FRINGE DETAIL Percent of Payroll Amount Percent to Grant Amount to Grant Annual Estimated FICA/Medicare Life Insurance Health Insurance Disability Insurance Unemployment Workers Com ensation Retirement SUPPLIES AND SERVICES Total Budget Percent to Grant Amount to Grant Annual Estimated Office Supplies Office Equipment Rental Postage Printing MISCELLANEOUS Total Budget Percent to Grant Amount to Grant Annual Estimated Conference&Seminars Construction/Building Materials Contract Labor Craft Supplies Credit Reports Facility Fees Field Trip Costs Food Supplies Mileage Teaching Aids FACILITY AND UTILITIES Total Budget Percent to Grant Amount to Grant Annual Estimated Telephone Electric Gas Water and Wastewater Solid Waste Disposal Rent Custodial Services Repairs Cleaning Supplies LEGAL,FINANCIAL AND INSURANCE Total Budget Percent to Grant Amount to Grant Annual Estimated Fidelity Bond or Equivalent) General Commercial Liability Directors and Officers Legal Fees Contract Accounting DIRECT ASSISTANCE OR PER UNIT RATE CHARGES Total Budget Basis Percent to Grant Amount to Grant Annual Estimated Childcare 100 Scholarships Counseling 100 -Individual Session Counseling 100 —Group Session Short-Term 100 Rent Assistance Short Term 100 Mortgage Assistance Short Term 100 Utilities Assistance Tenant 100 Based Rental Assistance Volunteer 100 Training CAPITAL OUTLAY Total Budget Description Percent to Amount to Grant Grant (Annual Estimated Furniture,Fixtures Computers Office Equipment Sport and Recreation Euirr. EXHIBIT C—AUDIT CERTIFICATION FORM AND AUDIT REQUIREMENTS Agency: Fiscal Year Ending: ❑ During the fiscal year in which funds will be received, we will exceed the federal expenditure threshold of $500,000. We will have our Single Audit or Program Specific Audit completed and will submit the A-133 audit report within seven (7) months after the end of the audited fiscal year or thirty(30)days within its completion,whichever is the earlier date. ❑ During the fiscal year in which funds will be received, we will not exceed the $500,000 federal expenditure threshold required for a Single Audit or a Program Specific Audit to be performed this fiscal year. (Fill out schedule below) SNO IN 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 OMB Circulars A-133 by the required due date may result in suspension of funding and ma y 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 INVOICE Agency: Address: City, State, Zip: Program: Period of Service: Contractor's Certification: I certify that the costs incurred are valid and consistent with the terms and conditions of the contract between City and Agency. By signing this invoice, I certify that to the best of my knowledge and belief the data included in this report is true and accurate. It is acknowledged that the provision of false information could leave the certifying official subject to the penalties of federal, state, and local law. Signature and Date: Name: Title: Attachmert II City of Fort Worth Housing and Economic Dawloptnem DepMment Expendttum Worksheet Agency: Program: 2 Salaries 1001 3 FICA 1002 4 Life Insurance 1003 5 Health hro.— 1004 e Disability Insurance 1005 7 Un— -State 1006 8 Laaal8 Acoountma 1007 9 10 Sete- 2001 11 FICA 22DO212 Life Insurance 13 Health Insurance 14 Unem ant t5 Workeee Com nation t8 Retirement 17 18 Ofl-Su gee 3001 19 Office Equipment Rental 3002 20 Posta a 3003 21 Printin 3004 22 23 Conference 8 Seminars 4001 24 Co-tuctloniBuilding Material. 4002 25 Contract Labor 4003 26 Craft Su Ilea 4004 27 Credit Report, 4005 26 Fadity Fess 4006 29 Field Tdp Costs 4007 30 Food Supplies 4008 31 Mileage 4009 32 Teachl A 4010 33 34 Telephone 5001 35 Electric 5002 36 Gas 5003 37 Watar and W.W—t. 50D4 36 Solid Waste D I 5005 39 Rem 5006 40 Custodial Services 5007 41 Re Is 5006 42 ClearingSu lies 5009 43 44 FiMity Bond or E ui talent 6001 45 Dlr..b—and O6icer. 6002 46 General Commer wl Lbdity 6003 47 L el Fees 6004 46 Contract Accounti 6005 49 MMUM 50 Childcare ScholanaNps 7001 51 Counsek -Individual Sessions 7002 52 Coun.eH -Group Sessions 7003 53 Short-term Rent Assistance 7004 54 Short-tern Mortgage Assistance 7005 55 Shat-tern LMINim Assist— 7006 56 Tenant Based Rental As Wanos 7007 57 Volunteer Traini 7008 56 59 FumRuro,Fixtures 8001 60 Com 8002 Total M;2=. ffice E tri rrrent 8003 S end Recreation E ui M. 'Payroll must identify employee.Ran must gentity tenant.Other payment should idw*odmiduals,if appkcable. Il; 11��1111 �°' � SII BIW III�� SII E 71 I IIYII �3 � � II�I■IC� .1■ e� �'R EXHIBIT E-INCOME SELF-CERTIFICATION FORMS CERTIFICATION OF INCOME STATEMENT Applicant Name: Current Address: Phone#: Household Members and Income i cluding app licant Last Name First Name Age Monthly Source Income **PERSONAL INFORMATION:(Check one in each item. Optional Information 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 CLIENT WOMEN HEAD OF HOUSEHOLD ❑HISPANIC ❑YES ❑YES ❑NON-HISPANIC ❑NO ❑NO *TOTAL NUMBER OF FAMILY MEMBERS (Include Yourself,Spouse,Children,etc.) Total Anticipated Annual Household Income: 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 funding agency: Household Size: Annual Income: Income Limit: Is Applicant Eligible: Person Making Determination: Date: CERTIFICACION DE DECLARACION DE INGRESOS Nombre del Solicitante: Direcci6n de Actualidad: Telefono: Miembros Del Hogar a Ingresos incluir el/la solicitante Apellido Nombre Edad Ingreso Fuente de Ingresos Mensual **INFORMACION PERSONAL:(Seleccione uno en cada articulo. Infonnaci6n opcional) a. ❑MASCULMO b.❑BLANCO ❑NEGRO/AFRICANO AMERICANO ❑NEGRO/AFRICANO AMERICANO&BLANCO ❑FEMININO ❑INDIO AMERICANO/NATIVO DE ALASKA ❑ASIATICO ❑INDIO AMERICANO/NATIVO DE ALASKA&BLANCO ❑ASIATICO&BLANCO ❑NATWO HAWAIANO/OTRO DE LAS ISLAS PACIFICAS ❑BALANCE/OTRO ❑INDIO AMERICANO/NATIVO DE ALASKA&NEGRO/AFRICANO AMERICANO c. ETHNICIDAD d. INCAPACITADO e. LES EL SOLICITANTE MUJER CABACERA DEL HOGAR? ❑HISPANO ❑SI ❑ SI ❑NO-HISPANO ❑NO ❑NO *TOTAL NUMERO DE MIEMBROS DE LA FAMILIA (Incluirse usted mismo,esposo/a,niiios,etc.) Total Anual de Ingresos del hogar por anticipado: Certificaci6n: Yo certifico la informaci6n que yo estoy proporcionado es verdadero y puede ser sujeto a verificaci6n a cualquiera hora por tercera parte. Yo tambien reconozco que la provisi6n de informaci6n falsa puede dejarme sujeto a penalidades Federales,Estatales,y a ley local. Firma del Solicitante Fecha ADVERTENCIA: TITULO 18,SECCION 1001 DEL CODIGO DE LOS E.U.A.DICE QUE UNA PERSONA ES CULPABLE DE UN DELITO POR SABER Y VOLUNTARIAMENTE HACER FALSO O FRAUDALENTAS DECLARACIONES A CUALQUIER DEPARTAMENTO DE GOVIERNO DE LOS ESTADOS UNIDOS. Para use de fondos de la agencia: # De Miembros de Familia: Ingreso Anual: Limite de Ingreso: SEs solicitante elegible? Persona haciendo la determinaci6n: Fecha: L 00 6N9 6�4 64 O O O L M 00 H4 H4 69 O cn 0 00 1-1 N �- 6N9 6M9 6�4 O OO 0kn 0 knO n O� O a u N1.0 O\ O C) kr) 6�? 64b�n- a 3 ° kn = o L x E a N M o o 6A bg 6� N � O p kr) W.) L i N 00 O C� W 'C a 69 6M9 6�4 O r/� N C 0 0 0 CL N 't N 6Fj 6Fj 6g p O O O O v) v) O y, M c M v M 00 .� fA fA fA Q Q Q 0 0 0 O O O M Vl 00 M&C Review Page 1 of 5 Off€dal site of the City of Fort Worth,Texas Fou CITY COUNCIL AGENDA ° COUNCIL ACTION: Approved on 8/2/2011 - Ordinance No. 19824-08-2011 DATE: 8/2/2011 REFERENCE C-25066 LOG NAME: 17HUDACTPLAN- NO.: (Revised) REVISED CODE: C TYPE: NOW PUBLIC CONSENT HEARING: YES SUBJECT: Approve City's 2011-2012 Action Plan for the Use of Program Income Totaling $75,000.00 and Federal Grant Funds Totaling $10,218,616.00 from the United States Department of Housing and Urban Development Under the Community Development Block Grant, HOME Investment Partnerships Program, Emergency Solutions Grant and Housing Opportunities for Persons with AIDS Grant Programs, Authorize Application of Indirect Cost Rates, Authorize Execution of Related Contracts and Interdepartmental Letters of Agreement and Adopt Appropriation Ordinance(ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council: 1. Conduct a public hearing to allow citizen input and consideration of the City's 2011-2012 Action Plan for use of program income totaling $75,000.00 and federal grant funds totaling $10,218,616.00 from the United States Department of Housing and Urban Development under 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 2011-2012 Action Plan for submission to the United States Department of Housing and Urban Development including allocations of grant funds to particular programs and activities in accordance with the attached listing; 3. Authorize the use of estimated program income totaling $75,000.00 resulting from activities using Community Development Block Grant funds; 4. Authorize the City Manager, or his designee, to execute contracts for a one year term with the agencies listed in Table 1, Table 2, and Table 3 for Program Year 2011-2012 for Community Development Block Grant, Emergency Solutions Grant and Housing Opportunities for Persons with AIDS grant funds, contingent upon receipt of funding; 5. Authorize the City Manager, or his designee, to extend the contracts for up to one year if an agency requests an extension and such extension is necessary for completion of the program; 6. Authorize the City Manager, or his designee, 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. Apply indirect cost rates as applicable for the Grants Fund in accordance with the City's Administrative Regulations; 8. Authorize the collection of program income resulting from activities using HOME Investment Partnerships Program funds; and 9. Adopt the attached appropriation ordinance increasing the estimated receipts and appropriations to the Grants Fund in the total amount of$10,293,616.00 ($6,153,267.00 in Community Development Block Grant funds, $75,000.00 in Community Development Block Grant program income, $2,832,159.00 in HOME http://apps.cfwnet.org/council_packet/mc_review.asp?ID=15721&councildate=8/2/2011 10/5/2011 M&C Review Page 2 of 5 Investment Partnership funds, $297,018.00 in Emergency Solutions Grant funds and $936,172.00 in Housing Opportunities for Persons with AIDS funds), all subject to receipt of these grants. DISCUSSION: The City's Action Plan summarizes the major housing and community development activities and proposed expenditures for use of federal grant funds totaling $10,218,616.00 from the United States Department of Housing and Urban Development(HUD) under 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 for the program year beginning October 1, 2011 and ending September 30, 2012. This year's Action Plan also summarizes the use of program income totaling $75,000.00 resulting from activities using CDBG funds. The purpose of these grant funds is to primarily benefit low and moderate income City residents, with ESG funds primarily benefiting homeless persons and HOPWA funds primarily benefiting persons with HIV/AIDS. The public hearing on the City's Action Plan on July 26, 2011, was the first public hearing for the HUD- required citizen participation process. A second public hearing for the HUD-required citizen participation process will be held on August 2, 2011 at which time the City Council is scheduled to approve the Action Plan. A 30-day public comment period was held from June 28, 2011 to July 27, 2011. Any comments will be maintained by the Housing and Economic Development Department in accordance with federal regulations. A summary of the funding recommendations of the Community Development Council (CDC) is provided below and a spreadsheet of all specific funding recommendations is attached. The City's Action Plan must be submitted to HUD by August 16, 2011. The allocations in the draft of the Action Plan that was available during the public comment period were based on funding estimates available at the time. The allocations set out below reflect the final allocations from HUD. Staff developed recommendations for the allocation of the estimated funding from HUD and presented them to the CDC on May 25, 2011. The CDC made recommendations based on the estimated funding. Staff adjusted the CDC's recommendations once notification was received from HUD of the actual amount of grant funding. For 2011-2012,the$6,153,267.00 in CDBG funds and $75,000.00 of program income is recommended to be allocated as follows: Public Services-$934,220.40 This item includes social services to low income, disabled and disadvantaged populations. Housing Programs and Services-$2,437,052.00 This item includes funding for the City's emergency repair program, Cowtown Brush-Up,the Fort Worth Housing Trust Fund, accessibility modifications to the homes of senior and/or disabled individuals and related project delivery costs for these programs. Public Facilities and Improvements-$878,159.30 This item includes funding for targeted infrastructure for the Hardy Street project in the Diamond Hill-Jarvis neighborhood and street light installation for the Terrell Heights neighborhood. CDBG Economic Development-$733,181.90 This item is this year's payment of the City's Section 108 loan from HUD. CDBG General Administration -$1,245,653.40 This item includes costs for administering the CDBG grant including allocations for Financial Management Services, Internal Audit, Planning and Development, and funding for a Fair Housing Coordinator in Community Relations. For 2011-2012,the$2,832,159.00 in HOME funds is recommended to be allocated as follows: Homebuyer Assistance Program -$940,000.00 This item includes funding to provide down payment and/or closing cost assistance to low and moderate income homebuyers. Community Housing Development Organizations (CHDO) - $1,108,943.10 This item includes the HUD-required minimum allocation of 15 percent of HOME funds for non-profit http://apps.cfwnet.org/council_packet/mc_review.asp?ID=15721&councildate=8/2/2011 10/5/2011 M&C Review Page 3 of 5 affordable housing projects, as well as$100,000.00 for CHDO administrative operating costs. Fort Worth Housing Trust Fund (HTF)-$500,000.00 This program will fund the rehabilitation of single-family owner-occupied dwellings for income qualifying households. HOME General Administration - $283,215.90 This item includes costs for administering the HOME grant. Staff anticipates the receipt of program income in the 2011-2012 Program Year from activities using HOME funds and will seek authorization to allocate this program income in a future M&C. For 2011-2012,the$936,172.00 in HOPWA grant funds is recommended to be allocated as follows: Allocation to non-profit service providers -$908,086.84 Allocation to HOPWA program administration-$28,085.16 For 2011-2012, the$297,018.00 in ESG grant funds is recommended to be allocated as follows: Allocation to non-profit service providers -$282,167.10 Allocation to ESG program administration -$14,850.90 The CDC and staff recommend that contracts be executed with the agencies listed below in the amounts shown in the following table: Community Development Block Grant: Table 1 - CDBG Agencies Organization Program Amount Camp Fire USA First Texas Council Diamond Hill Station $ 33,604.00 Step-Up School Camp Fire USA First Texas Council Completion $ 42,296.00 CASA of Tarrant County, Inc. Advocate Training $ 43,300.00 Substance Abuse Cenikor Foundation Treatment $ 25,000.00 Child Care Associates Pre-school Child Care $117,000.00 Clayton Child Care., Inc dba Clayton YES! School Age Child Care $ 54,000.00 Cornerstone Assistance Network New Life Center $ 25,000.00 Cultural Arts Center GED in Spanish $ 25,000.00 Day Resource Center for the Homeless (CDBG Program Income) Counseling Services $ 11,250.00 Day Resource Center for the Homeless (CDBG Grant) Counseling Services $ 33,605.40 Girls Inc. of Tarrant County Girl Power $ 25,000.00 The Ladder Alliance Employment Training $ 25,000.00 Mental Health Association of Tarrant County Mental Health Advocate $ 25,000.00 Mental Health Association of Tarrant Long Term Care County Ombudsman $ 25,000.00 Good Works/Buenas Northside Inter-Church Agency, Inc. Obras $ 25,000.00 Stabilizing to Achieve Richer Tomorrows The Salvation Army (S.T.A.R.T.) $ 25,000.00 Tarrant Area Food Bank Community Kitchen $ 25,000.00 Tarrant County Housing Partnership, Housing Counseling and Inc. Education $133,092.00 Junior Counselors- Poly United Community Centers, Inc. Center $ 28,154.00 Junior Counselors- United Community Centers, Inc. Wesley Center $ 27,919.00 Child Development YWCA Fort Worth & Tarrant County Program $135,000.00 http://apps.cfwnet.org/council_packet/mc_review.asp?ID=15721&councildate=8/2/2011 10/5/2011 M&C Review Page 4 of 5 YWCA Fort Worth &Tarrant County My Own Place $ 25,000.00 CDBG Public Service Subtotal $934,220.40 REACH Resource Center on Independent Living Project Ramp $ 50,000.00 TOTAL CDBG Contracts $984,220.40 Emergency Solutions Grant: Table 2 - ESG Agencies Organization Program Amount CFW: Parks and Community Services ESG-Shipp $ 25,000.00 The Emergency Shelter Presbyterian Night Shelter Program $197,167.10 SafeHaven of Tarrant County Shelter Operations $ 25,000.00 Supportive Child Care SafeHaven of Tarrant County Program $ 25,000.00 Supportive Living YWCA Fort Worth&Tarrant County Program $ 10,000.00 TOTAL ESG Contracts $282,167.10 Housing Opportunities For Persons With AIDS: Table 3 - HOPWA Agencies Organization Program Amount 2011-12 AOC AIDS Outreach Center, Inc. Administration $ 28,683.00 AIDS Outreach Center, Inc. 2011-12 AOC STRMU $ 66,765.00 2011-12 AOC Supportive AIDS Outreach Center, Inc. Services $ 33,869.20 AIDS Outreach Center, Inc. 2011-12 AOC TBRA $353,194.80 2011-12 ARRT AIDS Resources of Rural Texas Administration $ 6,084.00 AIDS Resources of Rural Texas 2011-12 ARRT STRMU $ 13,284.00 2011-12 ARRT AIDS Resources of Rural Texas Supportive Services $ 25,196.00 AIDS Resources of Rural Texas 2011-12 ARRT TBRA $ 92,199.84 2011-12 Samaritan Tarrant County Samaritan Housing, Inc. House Administration $ 20,216.00 2011-12 Samaritan House Supportive Tarrant County Samaritan Housing, Inc. Services $268,595.00 TOTAL HOPWA Contracts $908,086.84 These programs are available in ALL COUNCIL DISTRICTS. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations, adoption of the attached appropriation ordinance and receipt of grant funds, funds will be available in the current operating budget, as appropriated, of the Grants Fund. TO Fund/Account/Centers FROM Fund/Account/Centers GR76 541727 017206534XXX $936,172.00 GR76 5XXXXX 017206534XXX $936,172.00 GR76 451727 01720653OXXX $6.153.267.00 GR76 5XXXXX 01720653OXXX $6,153,267.00 GR76 451727 017206531XXX $2,832,159.00 GR76 5XXXXX 017206531XXX $2,832,159.00 http://apps.cf vnet.org/council_packet/mc_review.asp?ID=15721&councildate=8/2/2011 10/5/2011 M&C Review Page 5 of 5 GR76 451727 017206533XXX $297.018.00 GR76 5XXXXX 017206533XXX $297,018.00 GR76 451685 XXX206531XXX $1,000.00 GR76 5XXXXX XXX206531XXX $1,000.00 GR76 451685 XXX20653OXXX $75,000.00 GR76 5XXXXX XXX20653OXXX $75,000.00 Submitted for City Manager's Office by: Susan Alanis(8180) Originating Department Head: Jay Chapa (5804) Additional Information Contact: Mark Folden(8634) Robin Bentley(7315) ATTACHMENTS 17HUDACTPLAN A01 Revised.doc http://apps.cfwnet.org/council_packet/mc—review.asp?ID=l 572 1&councildate=8/2/2011 10/5/2011