HomeMy WebLinkAboutContract 46161 C U SECRETARY
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STATE OF TEXAS § ONTPAOT Mn.
COUNTY OF TARRANT §
This contract ("Contract") is made and entered into by and between the City of Fort
Worth (hereafter "City") and YMCA of Metropolitan Fort Worth (hereafter "Agency"), a Texas
non-profit corporation. City and Agency may be referred to individually as a"Party" and jointly
as"the Parties".
The Parties state as follows:
WHEREAS, City receives grant monies from the United States Department of Housing
and Urban Development through the Community Development Block Grant ("CDBG")
Program,Program No. B-14-MC-48-0010, Catalog of Federal Domestic Assistance No. 14.218;
WHEREAS, a national objective of the CDBG program is to benefit benefit low and
moderate income citizens in accordance with 24 CFR Part 570.200 (a)(2);
WHEREAS, Agency submitted a proposal to use CDBG funds for an eligible program
under the CDBG Regulations whereby Agency will provide services to low and moderate
income City citizens;
WHEREAS, City citizens, the Community Development Council, and the City Council
have determined that CDBG programs are needed by the City's citizens.
NOW,THEREFORE,the Parties understand and agree as follows:
1. INCORPORATION OF RECITALS.
City and Agency hereby agree that the recitals set forth above are true and correct and
form the basis upon which the Parties have entered into this Contract.
2. DEFINITIONS.
In addition to terms defined in the body of this Contract,the terms set forth below shall
have the definitions ascribed to them as follows:
Area Median Income or AMI means the median family income for the Fort Worth-Arlington
metropolitan statistical area as established annually by HUD. The 2014 income limits are
attached hereto as Exhibit"A-1"—2014 HUD Income Limits.
Business Diversity Enterprise Ordinance or BDE means the City's Business Diversity
Ordinance, Ordinance No. 20020-12-2011.
CDBG means Community Develo mw4#434e
OFFICIAL RECORD
CITY SECRETARY
CDBG PSA CONTRACT 2014-2015 FT.woRTH,TX �
YMCA of Metropolitan Fort Worth I RECEIVEO NOV 17 201q
Complete Documentation means the following documentation as applicable:
• Attachments I, II, and III, with supporting documentation including:
• Proof of expense: copies of timesheets, invoices, leases, service contracts
or other documentation showing that payment is due by Agency.
• Proof of payment: cancelled checks, bank statements, or wire transfers
necessary to demonstrate that amounts due by Agency were actually paid
by Agency.
• Proof of client eligibility: (i) Source Documentation sufficient to show
that clients participating in the Program are CDBG Eligible Clients; or (ii)
documentation other than Source Documentation to show that clients
served by the Program are CDBG Eligible Clients.
• Complete Documentation shall meet the standards described in the attached
Exhibit"F" - Standards for Complete Documentation.
• Any other document or record reasonably necessary to verify costs spent and
client eligibility for the Program.
CDBG Eligible Client means a client whose annual income adjusted for family size does not
exceed 80% of AMI using the most current HUD Income Guidelines and Technical Guidance
for Determining Income and Allowances verified by either Source Documentation or the form in
Exhibit "E" - Form of Income Self-Certification. Agencies Serving 100% Clientele must
follow the requirements set forth in Section 6.1.3.
CDBG Funds means the CDBG grant fonds 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 City's Housing and Economic Development Department.
Effective Date means October 1, 2014.
HED Department means the City's Housing and Economic Development Department.
HUD means the United States Department of Housing and Urban Development.
IDIS means HUD's Integrated Disbursement Information System.
National Objective means at least 51% of the clients served under this Contract must have
incomes at or below 80 % of AMI in accordance with 24 CFR 570.208(a)(2).
Program means the services described in Exhibit"A"—Program Summary.
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YMCA of Metropolitan Fort Worth
Reimbursement Request means all reports and other documentation described in Section 9.
Source Documentation means any documentation allowed under the definition of annual
income in 24 CFR Part 5.609.
Unduplicated Clients means a count of CDBG Eligible Clients served once in the Contract
Term. CDBG Eligible Clients served more than once in the Contract Term will only be counted
once when determining the number of Unduplicated Clients.
3. TERM.
The term of this Contract begins on October 1, 2014 and terminates on September 30,
2015 unless earlier terminated as provided in this Contract.
4. DUTIES AND RESPONSIBILITIES OF CITY.
4.1 Provide CDBG Funds.
City shall provide up to Fifty Thousand and 00/100 Dollars ($50,000.00) of CDBG
Funds under the terms and conditions herein.
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.
5. DUTIES AND RESPONSIBILITIES OF AGENCY.
5.1 Required Services.
Agency shall perform the services described in Exhibit"A"—Program Summary in
accordance with the terms and conditions of this Contract.
5.2 Use of CDBG Funds.
5.2.1. Compliance with CDBG Regulations and Contract.
Agency shall be reimbursed for eligible Program costs with CDBG Funds only if City
determines in its sole discretion that:
5.2.1.1 Costs are eligible expenditures in accordance with CDBG Regulations.
5.2.1.2 Costs are in compliance with this Contract and are reasonable and
consistent with industry norms.
5.2.1.3 Complete Documentation is submitted to City by Agency.
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5.2.2 Budget.
5.2.2.1 Agency agrees that 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
such requests must be approved by the Director in writing, with such
approval being in the Director's sole discretion. If Director approves
the Agency's proposed 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, unless otherwise specified in the amendment.
All requests for Budget amendments must be submitted by June 1,
2015.
5.2.3 Change in Program Budget.
5.2.3.1 Agency will notify City promptly of any additional funds it receives
for operation of the Program, and City reserves the right to amend this
Contract in such instances to ensure compliance with HUD regulations
governing cost allocation.
5.2.3.2 Agency agrees to utilize funds available under this Contract to
supplement rather than supplant funds otherwise available for use in
the Program.
5.2.4 Payment of CDBG Funds to Agency.
CDBG Funds will be disbursed to Agency upon City's approval of Agency's written and
signed Reimbursement Requests including submission of Complete Documentation to City in
compliance with Section 9. If Agency expends all fiends budgeted for the Program prior to
September 20, 2015, City may hold back a small amount of the CDBG Funds until the end of the
term. During this interim period, Agency must continue to submit Reimbursement Requests
with an invoiced amount of$0. It is expressly agreed by the Parties that any CDBG Funds either
not spent or not approved for reimbursement to Agency shall remain with City.
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5.3 Program Performance Milestones.
5.3.1 Agency warrants and represents that the Program will achieve the following
milestones:
Unduplicated Clients as '
specified
M- onth: Ex enditures -PT-
- a
3 27.27% 27.27%
6 54.54% 54.54%
8 72.72% 72.72%
11 100% 100%
5.3.2 Failure of Agency to meet these milestones or a material deviation from them as
outlined in this Section 5.3 is a breach of this Contract. For the purpose of this Section,
"material deviation" shall mean more than 10% lower than the specified goal. In the event of
such breach, City reserves the right in its sole option to delay or withhold payment of
Reimbursement Requests, to lower Agency's allocation of CDBG Funds, or to terminate this
Contract.
5.3.3 Failure to meet at least 80% of its performance milestones or serve 50
Unduplicated Clients under this Contract will automatically disqualify Agency for consideration
under the City's Request for Proposals for the 2016-2017 Program Year for Federal grant funds.
5.3.4 Amendments to performance milestones must be approved by the Director in
writing, with such approval being in the Director's sole discretion. If Director approves the
Agency's proposed amended performance milestones (as approved, the "Amended
Performance Milestones"), then the Amended Performance Milestones 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 by June 1, 2015. Notwithstanding the above, any amendments to
performance milestones shall not reduce the numbers for serving 50 Unduplicated Clients stated
in Section 5.3.3.
5.4 Identify Program Expenses Paid with CDBG Funds
Agency will keep accounts and records in such a manner that City may readily identify
and account for Program expenses reimbursed with CDBG Funds. These records shall be made
available to City for audit purposes and shall be retained as required hereunder.
5.5 Meet National Obiective.
Agency certifies that the activities carried out under the Program and this Contract will
meet the National Objective.
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6. CLIENT ELIGIBILITY VERIFICATION.
6.1 Client Eligibility.
Agency will document the eligibility of all prospective clients. Agency will document
client eligibility using the specific method described below in Section 6.1.3 that is applicable
to Agency and its Program. All other subsections of this Section 6.1 are not applicable to
Agency.
6.1.1 Agencies Serving a Presumed Benefit Clientele.
Agency must document that all clients served fall under a"presumed benefit" category as
defined in 24 CFR Part 570. Relevant categories of presumed benefit are: severely disabled
adults, homeless persons, abused or neglected children and youth or elderly persons. Eligible
forms of documentation include:
6.1.1.1 Severely Disabled Adults. Written, signed and dated diagnosis from
a licensed medical professional. As an acceptable alternative, Agency
may use the form attached hereto as Exhibit "H"—Severely Disabled
Certification Form.
6.1.1.2 Homeless Persons. Written, signed and dated certification from an
outreach worker.
6.1.1.3 Abused or Neglected Children and Youth. Written, signed and
dated certification from an outreach worker.
6.1.1.4 Elderly Persons. A birth certificate, driver's license, passport,
immigration card, military identification, or any other state, local,
national or international documentation, provided it contains current
information about the age or birth of the possessor. The form in
Exhibit "E" — Form of Income Self Certification also requires that
potential clients list their age and certify the validity of the information
provided. This may be sufficient but should only be used as a last
resort with an explanation in the file case notes indicating why the
formal forms of verification were not available. An elderly person is
defined as being at least 62 years of age.
6.1.1 Agencies Serving a General Clientele.
Agency must verify all new clients' income eligibility with either Source Documentation
or the form attached as Exhibit "E" — Form of Income Self Certification. Agency must use
the annual income definition in 24 CFR Part 5.609 to establish client income eligibility and must
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 Part 5.609.
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6.1.2 Agencies Serving 100% Clientele.
Agency must verify income eligibility of all Unduplicated Clients with Source
Documentation. Source Documentation must be collected and maintained in Agency files even
if Agency reports income eligibility using the form attached as Exhibit "E" —Form of Income
Self Certification.
6.2 Submission of Complete Documentation.
Agency must submit copies of all eligibility verification documentation described in
Section 6.1 with Attachment III in each month's Reimbursement Request for all Unduplicated
Clients served for the first time, and must maintain copies of such documentation as required
under this Contract.
7. Additional CDBG Requirements.
Agency agrees to comply with all requirements of the CDBG Program as stated in the
CDBG Regulations, including but not limited to the following:
7.1 Environmental Review.
CDBG Funds will not be paid, and costs cannot be incurred until City has completed an
environmental review as required by 24 CFR Part 58. The environmental review may result in a
decision to proceed with, modify, or cancel the funding for the Program. Further, Agency will
not undertake or commit any funds to physical or choice limiting actions as described in any
applicable Federal regulations. Any violation of this provision will (i) cause this Contract to
terminate immediately, and (ii) require Agency to repay City the CDBG Funds it has already
received and forfeit any future payments of CDBG Funds.
7.2 Contract Not Constituting Commitment of Funds.
Notwithstanding any provision of this Contract, the Parties agree and acknowledge that
this Contract does not constitute a commitment of finds, and that such commitment of funds or
approval may occur only upon (i) satisfactory completion of environmental review and receipt
by City of an authorization to use grant finds from HUD under 24 CFR Part 58, (ii) approval of
City's 2014-2015 Action Plan, and (iii) receipt by City of a grant agreement from HUD.
7.3 Monitoring.
7.3.1 Agency understands and agrees that City will monitor the adequacy and
timeliness of Agency's performance under the terms of this Contract as well as its compliance
with the CDBG Regulations. 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 on October 1, 2015 and end on September 30,
2020 regardless of whether or not this Contract is earlier terminated.
7.3.2 Representatives of City, HUD, and the United States Comptroller General shall
have access during regular business hours, upon 48 hours prior notice, to Agency's offices and
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records pertaining to the use of the CDBG Funds, and to Agency's officers, directors, agents,
employees, contractors, subcontractors and vendors for the purpose of such monitoring.
7.3.3 In addition to other provisions of this Contract regarding frequency of monitoring,
City reserves the right to perform desk reviews or on-site monitoring of Agency's compliance
with the terms and conditions of this Contract. City shall provide Agency with a written report
of the monitor's findings after each monitoring visit. If the monitoring report notes deficiencies
in Agency's performance, the report shall include requirements for the timely correction of said
deficiencies by Agency. Failure by Agency to take the action specified in the monitoring report
may be cause for suspension or termination of this Contract as provided herein.
7.3.4 This Section 7.3 shall be applicable for the Contract term and for 5 years
thereafter and shall survive the earlier termination or expiration of this Contract.
7.4 Agency Procurement Standards
Agency shall comply with all applicable Federal, state and local laws, regulations, and
ordinances for malting procurements under this Contract. Agency shall establish procurement
procedures to ensure that materials and services are obtained in a cost effective manner. When
procuring services to be provided under this Contract, Agency shall comply at a minimum with
the procurement standards at 24 CFR Part 84.40 through 24 CFR Part 84.48.
7.5 Cost Principles/Cost Reasonableness
Agency shall administer its use of CDBG Funds in compliance with OMB Circular
A-122, "Cost Principles for Non-Profit Organizations", as amended from time to time. The
eligibility of costs incurred for performance rendered shall be determined in accordance with
OMB Circular A-122 as supplemented by the provisions of this Contract.
7.6 Accounting Standards.
Agency agrees to comply with OMB Circular A-110, "Uniform Administrative
Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and
other Non-Profit Organizations", and agrees to adhere to the accounting principles and
procedures required therein, utilize adequate internal controls, and maintain necessary supporting
and back-up documentation for all costs incurred.
7.7 Uniform Administrative Requirements
Agency will comply with the Uniform Administrative Requirements set forth in 24 CFR
Part 57.502 or any reasonably equivalent procedures and requirements that City may require.
7.8 Terms Applicable to 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
CDBG PSA CONTRACT 2014-2015 8
YMCA of Metropolitan Fort Worth
compliance with the CDBG Regulations and Contract provisions. Agency must cure all
violations of the CDBG Regulations committed by its contractors, subcontractors or vendors.
City maintains the right to insist on Agency's full compliance with the terms of this Contract and
the CDBG Regulations and Agency is responsible for such compliance regardless of whether
actions taken to fulfill the requirements of this Contract are taken by Agency or by Agency's
contractors, subcontractors or vendors. Agency acknowledges that the provisions of this Section
shall survive the earlier termination or expiration of this Contract.
7.9 Copyright and Patent Rights.
No reports, maps, or other documents produced in whole or in part under this Contract
shall be the subject of an application for copyright by or on behalf of Agency. HUD and City
shall possess all rights to invention or discovery, as well as rights in data, which may arise as a
result of Agency's performance under this Contract.
8. RECORD KEEPING; REPORTING AND DOCUMENTATION
REQUIREMENTS; AUDIT.
8.1 Record Keeping.
Agency shall maintain a record-keeping system as part of its performance of this Contract
and shall promptly provide City with copies of any document City deems necessary for the
effective fulfillment of City's monitoring and evaluation responsibilities. Specifically, Agency
will keep or cause to be kept an accurate record of all actions taken and all funds spent, with
supporting and back-up documentation. Agency will maintain all records and documentation
related to this Contract for 5 years after the Contract term ends. If any claim, litigation, or audit
is initiated before the expiration of the 5 year period, the relevant records and documentation
must be retained until all such claims, litigation or audits have been resolved. For purposes of
this Contract, this 5 year period for record retention is deemed to begin on October 1, 2015 and
end on September 30, 2020 regardless of whether or not this Contract is earlier terminated.
8.2 Access to Records.
Representatives of City, HUD and any duly authorized officials of the Federal
government will have full access to, and the right to examine, audit, copy, excerpt and/or
transcribe any of Agency's records pertaining to all matters covered by this Contract for 5 years
after the Contract term ends. Such access shall be during regular business hours and upon at
least 48 hours prior notice. For purposes of this Contract, this 5 year period for access to records
is deemed to begin on October 1, 2015 and end on September 30, 2020 regardless of whether or
not this Contract is earlier terminated.
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.
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YMCA of Metropolitan Fort worth
8.3.1 Additional Information.
Agency shall provide City with additional information as may be required by state or
Federal agencies to substantiate Program activities and/or expenditure eligibility.
8.4 Change in Reporting Requirements and Forms.
City retains the right to change reporting requirements and forms at its discretion. City
will notify Agency in writing at least 15 days prior to the effective date of such change, and the
Parties shall execute an amendment to the Contract reflecting such change if necessary.
8.5 Audit.
8.5.1 Entities that Expend$500,000 or more in Federal Funds Per Year.
All non-federal entities that expend $500,000 or more in Federal funds within one year,
regardless of the source of the Federal award, must submit to City an annual audit prepared in
accordance with specific reference to OMB Circular A-133. The audit shall cover the Agency's
fiscal years during which this Contract is in force. The audit must be prepared by an independent
certified public accountant, be completed within 6 months following the end of the period being
audited and be submitted to City within 30 days of its completion. Agency's audit certification
is attached hereto as Exhibit "C" — "Audit Certification Form" and "Audit Requirements".
The Audit Certification Form must be submitted to City prior to or with the first
Reimbursement Request. Entities that expend less than $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.
8.5.2 City Reserves the Right to Audit.
City reserves the right to perform an audit of Agency's Program operations and finances
at any time during the term of this Contract and for 5 years after the Contract Term ends if City
determines that such audit is necessary for City's compliance with the CDBG Regulations or
other City policies. Agency agrees to allow access to all pertinent materials as described herein
for such audit. For purposes of this Contract, this 5 year period for City audit is deemed to begin
on October 1, 2015 and end on September 30, 2020 regardless of whether or not this Contract is
earlier terminated. 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.
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9. REIMBURSEMENT REQUIREMENTS.
9.1 Deadline for Submitting Reimbursement Requests.
9.1.1 Reimbursement Requests shall be received by the City on or before the 15`t'
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 15tt'
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, EXPENSES FOR SEPTEMBER 2015 MUST BE RECEIVED BY
SEPTEMBER 20, 2015. FAILURE TO SUBMIT A FINAL REIMBURSEMENT
REQUEST BY SEPTEMBER 20, 2015 WILL RESULT IN AUTOMATIC FORFEITURE
OF PAYMENT OF THE SEPTEMBER 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 will be penalized in the Request for Proposal for the 2015-2016
Program Year 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 Agency shall provide City with Complete Documentation and the following
reports as shown in Exhibit"D"—Reimbursement Forms with each Reimbursement Request:
9.2.1 Attachment I—Invoice.
This report shall contain the amount requested for reimbursement each month, the
cumulative reimbursement requested to date (inclusive of that month's request), and must be
signed by an authorized signatory of Agency. By signing Attachment I, Agency is certifying
that the costs are valid, eligible, consistent with the terms and conditions of this Contract, and the
data contained in the report is true and correct. This report must be submitted even if Agency is
requesting$0 for a particular month.
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 days prior to the date of the
Reimbursement Request.
9.2.2.2 For non-payroll expenses, invoices for each expense listed with an
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explanation as to how the invoiced expense pertains to the
Program. Agency may not submit invoices dated 60 days prior to
the date of the Reimbursement Request.
9.2.2.3 Proof that each expense was paid by Agency, which proof can be
satisfied by cancelled checks, wire transfer documentation, paid
receipts or other appropriate banking documentation.
9.2.3 Attachment III—Client Data Report.
This report shall list each Unduplicated Client served during the month along with his or
her demographic information. The Client Data Report must contain a list of all clients served
during the Contract period. In order for this report to be complete the following must be
submitted:
9.2.3.1 Documentation of income verification for each Unduplicated Client
the first time he or she is served, which will either be the Source
Documentation described in Section 6.1 or the completed form of
Exhibit "E" - Form of Income Self Certification. AGENCIES
SERVING 100% CLIENTELE MUST FOLLOW THE
REQUIREMENTS SET FORTH IN SECTION 6.1.3.
9.2.4 Submission of Reimbursement Request.
Reimbursement Requests can be mailed or deliver in person to HED Department, 908
Monroe Street, Fort Worth, Texas 76102. In addition, Agencies can submit Reimbursement
Requests via email to psanfortworthtexas.aov but in addition Agency must submit a signed
original of Attachment I and Exhibit "E"—Form of Income Self-Certification to City by the
deadline in Section 9.1.1.
9.3 Withholding Payment.
CITY HAS NO OBLIGATION TO MAKE PAYMENT ON ANY
REIMBURSEMENT REQUEST THAT IS NOT RECEIVED BY THE DUE DATE.
Failure to timely submit Reimbursement Requests and Complete Documentation along
with any required reports shall be an event of default.
10. DEFAULT AND TERMINATION.
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.
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10.1.3 NOTWITHSTANDING THE PROVISIONS OF SECTION 10.1.1 OR
10.1.2, IF AGENCY FAILS TO SUBMIT THE REIMBURSEMENT REQUEST DUE
SEPTEMBER 20, 2015, OR IF THE SUBMITTED REIMBURSEMENT REQUEST FOR
SEPTEMBER 20, 2015 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 AUTOMATICALLY 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 (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 fiends.
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.
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10.3 In General.
10.3.1 Subject to Section 10.2, and unless specifically provided otherwise in this
Contract, Agency shall be in default under this Contract if Agency breaches any term or
condition of this Contract. In the event that such a breach remains uncured after 30 calendar
days following written notice by City (or such other notice period as may be specified herein) or,
if Agency has diligently and continuously attempted to cure following receipt of such written
notice but reasonably requires more than 30 calendar days to cure, as determined by both Parties
mutually and in good faith, City shall have the right to elect in City's sole discretion to (i) extend
Agency's time to cure, (ii) terminate this Contract effective immediately upon written notice of
such intent to Agency, or (iii) pursue any other legal remedies available to City under this
Contract.
10.3.2 City's remedies may include:
10.3.2.1 Direct Agency to prepare and follow a schedule of actions for
carrying out the affected activities, consisting of schedules,
timetables and milestones necessary to implement the affected
activities.
10.3.2.2 Direct Agency to establish and follow a management plan that
assigns responsibilities for carrying out the remedial activities.
10.3.2.3 Reprogram CDBG Funds that have not yet been expended from
affected activities to other eligible activities or withhold CDBG
Funds.
10.3.2.4 Any other appropriate action including but not limited to any
remedial action legally available such as declaratory judgment,
specific performance, damages, temporary or permanent
injunctions, termination of this Contract or any other contracts with
Agency, and any other available remedies.
10.3.3 In the event of termination under this Section 10.3, all CDBG Funds awarded
but unpaid to Agency pursuant to this Contract shall be immediately forfeited and Agency shall
have no ftn-ther right to such ftmds, and any CDBG Funds already paid to Agency must be repaid
to City within 30 days of the termination. Failure to repay such CDBG Funds within the 30 day
period will result in City exercising all legal remedies available under this Contract.
10.4 No Funds Disbursed while in Breach.
Agency understands and agrees that no CDBG Funds will be paid to Agency until all
defaults are cured to City's satisfaction.
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10.5 No Compensation After Date of Termination.
Agency shall not receive any compensation for work undertaken after the date of the
termination.
10.6 Rights of City Not Affected
Termination shall not affect or terminate any of the existing rights of City against
Agency, or which may thereafter accrue because of Agency's default and this provision shall be
in addition to any and all other rights and remedies available to City under the law. Such
termination does not terminate any provisions of this Contract that have been expressly noted as
surviving the term or termination of the Contract. No delay or omission by City in exercising
any right or remedy available to it under this Contract shall impair any such right or remedy or
constitute a waiver or acquiescence in any Agency default.
10.7 Waiver of Breach Not Waiver of Subsequent Breach
The waiver of a default or breach of any term, covenant, or condition of this Contract
shall not operate as a waiver of any subsequent default or breach of the same or any other term,
covenant or condition hereof.
10.8 Civil, Criminal and Administrative Penalties
Failure to perform all the Contract terms may result in civil, criminal or administrative
penalties, including, but not limited to those set out in this Contract.
10.9 Termination for Cause.
10.9.1 City may terminate this Contract in the event of Agency's default, inability, or
failure to perform subject to notice, grace and cure periods. In the event City terminates this
Contract for cause, all CDBG Funds awarded but unpaid to Agency pursuant to this Contract
shall be immediately rescinded and Agency shall have no further right to such funds and any
CDBG Funds already paid to Agency must be repaid to City within 30 days of termination.
Failure to repay such CDBG Funds within 30 days will result in City exercising all legal
remedies available to City under this Contract. AGENCY ACKNOWLEDGES AND
AGREES THAT IF OTY 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 24 C.F.R. 85.44 this Contract may be terminated in
whole or in part only as follows:
10.10.1 By City with the consent of Agency in which case the Parties shall agree upon
the termination conditions, including the effective date and in the case of partial termination, the
portion to be terminated; or
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15
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10.10.2 By Agency upon at least 30 days written notification to City, setting forth the
reasons for such termination, the effective date, and in the case of partial termination, the portion
to be terminated. In the case of a partial termination, City may terminate the Contract in its
entirety if City determines in its sole discretion that the remaining portion of the Contract to be
performed or CDBG Funds to be spent will not accomplish the purposes for which the Contract
was made.
10.11 Dissolution of Agency Terminates Contract.
This Contract shall terminate in the event Agency is dissolved or ceases to exist. In the
event of termination under this Section, all CDBG Funds are subject to repayment and/or City
may exercise all of its remedies under this Contract.
10.12 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 it
will pay City 10% of the CDBG Funds as liquidated damages. The Parties agree that City's
damages in the event of either repayment to HUD being required or receiving a finding from
HUD are uncertain and would be difficult to ascertain and may include an impact on City's
CDBG grant or other Federal grant funds, in addition to the finding by HUD or a required
repayment of finds 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. If the non-profit status of Agency
changes after the date of this Contract, City may but is not obligated to, terminate this Contract.
City has 30 calendar days to make such determination after receipt of written notice from
Agency and failure to make such determination will constitute a waiver. In the event of
termination under this Section 12, all CDBG Funds awarded but not yet paid to Agency pursuant
to this Contract shall be immediately rescinded and Agency shall have no further right to such
finds. Any CDBG Funds already paid to Agency must be repaid to City within 30 calendar days
of termination under this Section.
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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 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 on October 1, 2015 and end on September 30, 2020
regardless of whether or not this Contract is earlier terminated.
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 Reli6ious OrIjanization.
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.
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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. The words "include" and"including" whenever used herein shall be deemed to be
followed by the words "without limitation".
14.11 Compliance With All Applicable Laws and Regulations.
Agency agrees to comply fiully with all applicable laws and regulations that are currently
in effect or that are hereafter amended during the performance of this Contract. Those laws
include, but are not limited to:
CDBG Regulations found in 24 CFR Part 570
Title I of the Housing and Community Development Act of 1974, as amended, (42
USC 5301
Title VI of the Civil Rights Act of 1964 (42 U.S.C. Sections 2000d et seq.) including
provisions requiring recipients of federal assistance to ensure meaningful access by
CDBG PSA CONTRACT 2014-2015 18
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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 requitement that
certifications and disclosures be obtained from all covered persons
➢ Drug Free Workplace Act of 1988 (41 U.S.C. Sections 701 et seq.) and 24 CFR Part
23, Subpart F
➢ Executive Order 12549 and 24 CFR Part 5.105(c) pertaining to restrictions on
participation by ineligible, debarred or suspended persons or entities
➢ Section 6002 of the Solid Waste Disposal Act, as amended by the Resource
Conservation and Recovery Act
➢ Guidelines of the Environmental Protection Agency at 40 CFR Part 247
➢ For contracts and subgrants for construction or repair, Copeland "Anti-Kickback" act
(18 U.S.C. 874) as supplemented in 29 CFR Part 5
➢ For construction contracts awarded by Agency in excess of$2,000, and in excess of
$2,500 for other contracts which involve the employment of mechanics or laborers,
Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40
U.S.C. 327A 300) as supplemented by 29 CFR Part 5
➢ Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et seq.), as amended by
the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851 et
seq.) and implementing regulations at 24 CFR Part 35, subparts A, B, M, and R
➢ Uniform Administration Requirements of 24 CFR Part 85
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14.11 HUD-Assisted Projects and Employment and other Economic
Opportunities; Section 3 Requirements.
14.11.1 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 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 1965, as
amended, 12 U.S.C. section 1701 it (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 tinder this Section 3 clause and
will post copies of the notice in conspicuous places at the ivork 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
minirnurn 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 ivork shall begin.
D. The contractor agrees that it will include this Section 3 clause in every
subcontract to comply lvith 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
CDBG PSA CONTRACT 2014-2015 20
YMCA of Metropolitan Fort worth
found in violation of regulations in 24 CFR Part 135.
E. The contractor tivill 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 tivill not subcontract with any
subcontractor tit,here 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 futtitre HUD assisted contracts.
G. With respect to work performed in connection tivith 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 tinder 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 tivith 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.
14.11.2 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 assistance is provided and to such sanctions as are specified by 24 CFR Part 135.
Agency's responsibilities include:
14.11.2.1 Implementing procedures to notify Section 3 residents and
business concerns about training, employment, and contracting
Opportunities generated by Section 3 covered assistance;
14.11.2.2 Notifying potential contractors working on Section 3 covered
projects of their responsibilities;
14.11.2.3 Facilitating the training and employment of Section 3 residents and
the award of contracts to Section 3 business concerns;
14.11.2.4 Assisting and actively cooperating with the HED Department in
malting contractors and subcontractors comply;
14.11.2.5 Refraining from entering into contracts with contractors that are in
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YMCA of Metropolitan Fort worth
violation of Section 3 regulations;
14.11.2.6 Documenting actions taken to comply with Section 3; and
14.11.2.7 Submitting Section 3 Annual Summary Reports (Form HUD-
60002) in accordance with 24 CFR Part 135.90.
14.11.3 Section 3 Reporting Requirements.
In order to comply with the Section 3 requirements, Agency must submit the forms
attached hereto as Exhibit"G" - Section 3 Reporting Forms.
14.11.3.1 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.
14.11.3.2 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.
14.11.3.3 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.
14.12 Prohibition Against Discrimination.
14.12.1 General Statement.
Agency shall comply in the execution, performance or attempted performance of this
Contract, with all non-discrimination requirements of 24 CFR 570.607 and Chapter 17, Article
III, Division 4 — Fair Housing of the City Code. Agency may not discriminate against any
person because of race, color, sex, gender, religion, national origin, familial status, disability or
perceived disability, sexual orientation, gender identity, gender expression, or transgender, nor
will Agency permit its officers, members, agents, employees, or clients to engage in such
discrimination.
This Contract is made and entered into with reference specifically to Chapter 17, Article
III, Division 3 - Einployinent 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 tinder the terms of such ordinances by either or its officers, members,
agents, employees or contractors.
CDBG PSA CONTRACT 2014-2015 22
YMCA of Metropolitan Fort Worth
14.12.2 No Discrimination in Employment duriniz the Performance of This
Contract.
During the performance of this Contract Agency agrees to the following provision, and
will require that its contractors and subcontractors also comply with such provision by including
it in all contracts with its contractors:
[Contractor's, Subcontractor's Or Vendor's name] will not unlawfully discriminate
against any employee or applicants for employment because of race, color, sex, gender, religion,
national origin, familial status, disability or perceived disability, sexual orientation, gender
identity, gender expression or transgender. [Contractor's, Subcontractor's or Vendor's
name]will take affirmative action to ensure that applicants are hired without regard to race, color,
sex, gender, religion, national origin, familial status, disability or perceived disability, sexual
orientation, gender identity, gender expression or transgender and that employees are treated
fairly during employment without regard to their race, color, sex, gender, religion, national
origin, familial status, disability or perceived disability, sexual orientation, gender identity,
gender expression or transgender. Such action shall include, but not be limited to,the following:
employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or
termination, rates of pay or other forms of compensation, and selection for training, including
apprenticeship. [Contractor's, Subcontractor's or Vendor's name] agrees to post in conspicuous
places, available to employees and applicants for employment, notices setting forth the
provisions of this nondiscrimination clause.
[Contractor's Subcontractor's or Vendor's name] will, in all solicitations or
advertisements for employees placed by or on behalf of [Contractor's, Subcontractor's or
Vendor's name], state that all qualified applicants will receive consideration for employment
without regard to race, color, sex, gender, religion, national origin, familial status, disability or
perceived disability, sexual orientation, gender identity, gender expression or transgender.
[Contractor's, Subcontractor's or Vendor's name] covenants that neither it nor any of its
officers, members, agents, employees, or contractors, while engaged in performing this Contract,
shall, in connection with the employment, advancement or discharge of employees or in
connection with the terms, conditions or privileges of their employment, discriminate against
persons because of their age or because of any disability or perceived disability, except on the
basis of a bona fide occupational qualification, retirement plan or statutory requirement.
[Contractor's, Subcontractor's or Vendor's name] further covenants that neither it nor its
officers, members, agents, employees, contractors, or persons acting on their behalf, shall
specify, in solicitations or advertisements for employees to work on this Contract, a maximum
age limit for such employment unless the specified maximum age limit is based upon a bona fide
occupational qualification, retirement plan or statutory requirement.
14.12.3 Agency's Contractors and the ADA.
In accordance with the provisions of the Americans With Disabilities Act of 1990
("ADA"), Agency warrants that it and any of its contractors will not unlawfully discriminate on
the basis of disability in the provision of services to the general public, nor in the availability,
terms and/or conditions of employment for applicants for employment with, or employees of,
CDBG PSA CONTRACT 2014-2015 23
YMCA of Metropolitan Fort Worth
Agency or any of its contractors. AGENCY WARRANTS IT WILL FULLY COMPLY
WITH THE ADA'S PROVISIONS AND ANY OTHER APPLICABLE FEDERAL,
STATE AND LOCAL LAWS CONCERNING DISABILITY AND WILL DEFEND,
INDEMNIFY AND HOLD CITY HARMLESS AGAINST ANY CLAIMS OR
ALLEGATIONS ASSERTED BY THIRD PARTIES, CONTRACTORS
SUBCONTRACTORS, VENDORS OR AGENTS AGAINST CITY ARISING OUT OF
AGENCY'S AND/OR ITS CONTRACTORS', SUBCONTRACTORS', VENDORS' OR
AGENTS' OR THEIR RESPECTIVE EMPLOYEES' ALLEGED FAILURE TO
COMPLY WITH THE ABOVE-REFERENCED LAWS CONCERNING DISABILITY
DISCRIMINATION IN THE PERFORMANCE OF THIS CONTRACT.
14.13. Prohibition Against Interest/Conflict of Interest.
14.13.1 Agency shall establish safeguards to prohibit its employees, board members,
advisors and agents from using positions for a purpose that is or gives the appearance of being
motivated by a desire for private 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.
14.13.2 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, unless they are accepted in accordance with the procedures
set forth at 24 CFR 570.611.
14.13.3 Agency affirms that it will adhere to the provisions of the Texas Penal Code
which prohibits bribery and gifts to public servants.
14.13.4 The conflict of interest provisions of 24 CFR Part 85.36 and 24 CFR Part
84.42, respectively, shall apply in the procurement of property and services by Agency. In all
cases not governed by those Sections, the provisions of 24 CFR 570.611 of the CDBG
Regulations shall apply.
14.14 Subcontractin6 with Small and Minority Firms, Women's Business
Enterprises and Labor Surplus Areas.
14.14.1 For procurement contracts $50,000.00 or larger Agency agrees to abide by
City's policy to involve Minority Business Enterprises and Small Business Enterprises and to
provide them equal opportunity to compete for contracts for construction, provision of
professional services, purchase of equipment and supplies and provision of other services
required by City. Agency agrees to incorporate the City's BDE Ordinance, and all amendments
or successor policies or ordinances thereto, into all contracts and subcontracts for procurement
CDBG PSA CONTRACT 2014-2015 24
YMCA of Metropolitan Fort Worth
larger than $50,000.00 or larger and will further require all persons or entities with which it so
contracts to comply with said ordinance.
14.14.2 It is national policy to award a fair share of contracts to disadvantaged
business enterprises ("DBEs"), small business enterprises ("SBEs"), minority business
enterprises ("MBEs"), and women's business enterprises ("WBEs"). Accordingly, affirmative
steps must be taken to assure that DBEs, SBEs, MBEs, and WBEs are utilized when possible as
sources of supplies, equipment, construction and services.
14.15 Other Laws.
The failure to list any Federal, state or City ordinance, law or regulation that is applicable
to Agency does not excuse or relieve Agency from the requirements or responsibilities in regard
to following the law, nor from the consequences or penalties for Agency's failure to follow the
law, if applicable.
14.16 Assignment.
Agency shall not assign all or any part of its rights, privileges, or duties under this
Contract without the prior written approval of City. Any attempted assignment of same without
approval shall be void, and shall constitute a breach of this Contract.
14.17. Right to Inspect Agency Contracts.
It is agreed that City has the right to inspect and approve in writing any proposed
contracts between Agency and any contractor or vendor engaged in any activity in conjunction
with this CDBG-funded Program prior to any charges being incurred.
14.18 Force Majeure
If Agency becomes unable, either in whole or part, to fulfill its obligations under this
Contract due to acts of God, strikes, lockouts, or other industrial disturbances, acts of public
enemies, wars, blockades, insurrections, riots, epidemics, earthquakes, fires, floods, restraints or
prohibitions by any court, board, department, commission or agency of the United States or of
any States, civil disturbances, or explosions, or some other reason beyond Agency's control
(collectively, "Force Majeure Event"), the obligations so affected by such Force Majeure Event
will be suspended only during the continuance of such event. Agency will give City written
notice of the existence, extent and nature of the Force Majeure Event as soon as reasonably
possible after the occurrence of the event. Failure to give notice will result in the continuance of
Agency's obligation regardless of the extent of any existing Force Majeure Event. Agency will
use commercially reasonable efforts to remedy its inability to perform as soon as possible.
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 HIND OR
CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN
CDBG PSA CONTRACT 2014-2015 25
YMCA of Metropolitan Fort North
CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED
PERFORMANCE OR NONPERFORMANCE OF THIS CONTRACT AND/OR THE
OPERATIONS, ACTIVITIES AND SERVICES OF THE PROGRAM DESCRIBED
HEREIN, WHETHER OR NOT CAUSED IN WHOLE OR IN PART, BY ALLEGED
NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES,
CONTRACTORS OR SUBCONTRACTORS OF CITY; AND AGENCY HEREBY
ASSUMES ALL LIABILITY AND RESPONSIBILITY OF CITY AND ITS OFFICERS,
AGENTS, SERVANTS, AND EMPLOYEES FOR ANY AND ALL CLAIMS OR SUITS
FOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY, INCLUDING
DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KINDS OR
CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN
CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED
PERFORMANCE OR NONPERFORMANCE OF THIS CONTRACT AND/OR THE
OPERATIONS, ACTIVITIES AND SERVICES OF THE PROGRAM DESCRIBED
HEREIN, WHETHER OR NOT CAUSED IN WHOLE OR IN PART BY ALLEGED
NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES,
CONTRACTORS OR SUBCONTRACTORS OF CITY. AGENCY LIKEWISE
COVENANTS AND AGREES TO AND DOES HEREBY INDEMNIFY AND HOLD
HARMLESS CITY FROM AND AGAINST ANY AND ALL INJURY, DAMAGE OR
DESTRUCTION OF PROPERTY OF CITY, ARISING OUT OF OR IN CONNECTION
WITH ALL ACTS OR OMISSIONS OF AGENCY, ITS OFFICERS, MEMBERS,
AGENTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, INVITEES,
LICENSEES, OR CLIENTS, OR CAUSED, IN WHOLE OR IN PART, BY ALLEGED
NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES,
CONTRACTORS OR SUBCONTRACTORS OF CITY.
IT IS THE EXPRESS INTENTION OF THE PARTIES, BOTH AGENCY AND
CITY, THAT THE INDEMNITY PROVIDED FOR THIS SECTION INCLUDES
INDEMNITY BY AGENCY TO INDEMNIFY AND PROTECT CITY FROM THE
CONSEQUENCES OF CITY'S OWN NEGLIGENCE, WHETHER THAT
NEGLIGENCE IS ALLEGED TO BE THE SOLE OR CONCURRING CAUSE OF THE
INJURY,DAMAGE OR DEATH.
AGENCY AGREES TO AND SHALL RELEASE CITY, ITS AGENTS,
EMPLOYEES, OFFICERS AND LEGAL REPRESENTATIVES FROM ALL
LIABILITY FOR INJURY, DEATH, DAMAGE OR LOSS TO PERSONS OR
PROPERTY SUSTAINED IN CONNECTION WITH OR INCIDENTAL TO
PERFORMANCE UNDER THIS CONTRACT, EVEN IF THE INJURY, DEATH,
DAMAGE OR LOSS IS CAUSED BY CITY'S SOLE OR CONCURRENT
NEGLIGENCE.
AGENCY SHALL REQUIRE ALL OF ITS CONTRACTORS AND
SUBCONTRACTORS TO INCLUDE IN THEIR CONTRACTS AND SUBCONTRACTS
A RELEASE AND INDEMNITY IN FAVOR OF CITY IN SUBSTANTIALLY THE
SAME FORM AS ABOVE.
CDBG PSA CONTRACT 2014-2015 26
YMCA of Metropolitan Fort Worth
16. WAIVER OF IMMUNITY BY AGENCY.
If Agency, as a charitable or nonprofit organization, has or claims an immunity or
exemption (statutory or otherwise) from and against liability for damages or injury, including
death, to persons or property, Agency hereby expressly waives its rights to plead defensively
such immunity or exemption as against City. This Section shall not be construed to affect a
governmental entity's immunities under constitutional, statutory or common law.
17. INSURANCE AND BONDING.
Agency will maintain coverage in the form of insurance or bond in the amount of
50,000.00 to insure against loss from the fraud, theft or dishonesty of any of Agency's officers,
agents, trustees, directors or employees. The proceeds of such insurance or bond shall be used to
reimburse City for any and all loss of CDBG Funds occasioned by such misconduct. To
effectuate such reimbursement, such fidelity coverage shall include a rider stating that
reimbursement for any loss or losses shall name the City as a Loss Payee.
Agency shall furnish to City in a timely manner, but not later than the Effective Date,
certificates of insurance as proof that it has secured and paid for policies of commercial
insurance as specified herein. If City has not received such certificates by the Effective Date,
Agency shall be in default of the Contract and City may, at its option, terminate the Contract.
Such insurance shall cover all insurable risks incident to or in connection with the
execution, performance, attempted performance or nonperformance of this Contract. Agency
shall maintain, the following coverage and limits thereof:
Commercial General Liability (CGL) Insurance
$500,000 each occurrence
$1,000,000 aggregate limit
Non-Profit Organization Liability or Directors & Officers Liability
$1,000,000 Each Occurrence
$1,000,000 Annual Aggregate Limit
Business Automobile Liability Insurance
$1,000,000 each accident on a combined single-limit basis, or
$ 250,000 Property Damage
$ 500,000 Bodily Injury per person per occurrence
$2,000,000 Aggregate
Insurance policy shall be endorsed to cover"Any Auto", defined as autos owned, hired,
and non-owned. Pending availability of the above coverage and at the discretion of
City,the policy shall be the primary responding insurance policy versus a personal
auto insurance policy if or when in the course of Agency's business as contracted
herein.
CDBG PSA CONTRACT 2014-2015 27
YMCA of Metropolitan Fort Worth
Workers' Compensation Insurance
Part A: Statutory Limits
Part B: Employer's Liability
$100,000 each accident
$100,000 disease-each employee
$500,000 disease-policy limit
Note: Such insurance shall cover employees performing work on any and all projects
including but not limited to construction, demolition, and rehabilitation. Agency or its
contractors shall maintain coverages, if applicable. In the event the respective contractors
do not maintain coverage, Agency shall maintain the coverage on such contractor, if
applicable, for each applicable contract.
Additional Requirements
Such insurance amounts shall be revised upward at City's reasonable option and no more
frequently than once every 12 months, and Agency shall revise such amounts within 30 days
following notice to Contractor of such requirements.
Agency will submit to City documentation that it has obtained insurance coverage and has
executed bonds as required in this Contract prior to payment of any monies provided hereunder.
Where applicable, insurance policies required herein shall be endorsed to include City as an
additional insured as its interest may appear. Additional insured parties shall include employees,
officers, agents, and volunteers of City.
Any failure on part of City to request certificates) of insurance shall not be construed as a
waiver of such requirement or as a waiver of the insurance requirements themselves.
Insurers of Agency's insurance policies shall be licensed to do business in the state of Texas by
the Department of Insurance or be otherwise eligible and authorized to do business in the state of
Texas. Insurers shall be acceptable to City insofar as their financial strength and solvency and
each such company shall have a current minimum A.M. Best Key Rating Guide rating of A-: VII
or other equivalent insurance industry standard rating otherwise approved by City.
Deductible limits on insurance policies shall not exceed $5,000 per occurrence unless otherwise
approved by City.
In the event there are any local, federal or other regulatory insurance or bonding requirements for
the Program, and such requirements exceed those specified herein, the former shall prevail.
Agency shall require its contractors to maintain applicable insurance coverages, limits, and other
requirements as those specified herein; and Agency shall require its contractors to provide
Agency with certificate(s) of insurance documenting such coverage. Also, Agency shall require
its contractors to have City and Agency endorsed as additional insureds (as their interest may
appear) on their respective insurance policies.
CDBG PSA CONTRACT 2014-2015 28
YMCA of Metropolitan Fort Worth
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.
18. CERTIFICATION REGARDING LOBBYING.
The undersigned representative of Agency hereby certifies, to the best of his or her
knowledge and belief, that:
No Federal appropriated funds have been paid or will be paid, by or on behalf of Agency,
to any person for influencing or attempting to influence an officer or employee of any
agency, a member of Congress, an officer or employee of Congress in connection with
the awarding of any Federal contract, the making of any Federal grant, the making of any
Federal loan, the entering into of any cooperative agreement and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan or
cooperative agreement.
If any funds other than federally appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency,
member of Congress in connection with this Federal contract, grant, loan or cooperative
agreement, Agency shall complete and submit Standard Form-LLL, "Disclosure Form to
Report Lobbying," in accordance with its instructions.
This certification is a material representation of fact upon which reliance was placed
when this Contract was made or entered into. Submission of this certificate is a
prerequisite for making or entering into this Contract imposed by 31 U.S.C. Section
1352. Any person who fails to file the required certification shall be subject to a civil
penalty of not less than $10,000.00 and not more than $100,000.00 for each such failure.
Agency shall require that the language of this certification be included in all subcontracts
or agreements involving the expenditure of Federal funds.
19. LITIGATION AND CLAIMS.
Agency shall give City immediate notice in writing of any action, including any
proceeding before an administrative agency, filed against Agency in conjunction with this
Contract or the Program. Agency shall furnish immediately to City copies of all pertinent papers
received by Agency with respect to such action or claim. Agency shall provide a notice to City
within 10 days upon filing under any bankruptcy or financial insolvency provision of law.
CDBG PSA CONTRACT 2014-2015 29
YMCA of Metropolitan Fort worth
20. NOTICE.
All notices required or permitted by this Contract must be in writing and are deemed
delivered on the earlier date of the date actually received or the third day following deposit in a
United States Postal Service post office or receptacle; with proper postage, certified mail return
receipt requested; and addressed to the other Party at the address set out below or at such other
address as the receiving Party designates by proper notice to the sending Party.
City:
City Attorney's Office
1000 Throckmorton Street
Fort Worth, TX 76102
Telephone: 817-392-7600
Copy to:
Housing and Economic Development Department
1000 Throckmorton Street
Fort Worth, TX 76102
Attention: Assistant Director
Telephone: 817-392-7540
Copy to:
Housing and Economic Development Department
1000 Throckmorton Street
Fort Worth,TX 76102
Attention: Program Coordinator
Telephone: 817-392-6342
Agency:
YMCA of Metropolitan Fort Worth
Jaye Helm
512 Lamar St.
Fort Worth, TX 75102
Telephone: 817-335-9622
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.
CDBG PSA CONTRACT 2014-2015 30
YtAQCA of Metropolitan Fort Worth
[SIGNATURES APPEAR ON NEXT PAGE]
CDBG PSA CONTRACT 2014-2015 31
YMCA of Metropolitan Fort Worth
IN WITNESS WHEREOF, the Parties hereto have executed 4 duplicate originals of this
Contract in Fort Worth, Tarrant County T as.
AT E T: OF FORT WORTH
0
i Secre $
M&C: C-2 93 $ ando Costa,Assistant City Manager
b
Date: August 5, 2014 ° ® °
APPR VED AS TO FORNJ
Assistant City Attorney
YMCA OF METROPOLITAN FORT
WORTH n ,�
By: _ICWV v
Name: Sayer ldef'r'►'1
Title: C F=O
STATE OF TEXAS §
COUNTY OF TARRANT § tt rr
This instrument was acknowledged before me on �/• l T 2014 by
Fernando Costa, Assistant City Manager of the City of Fort Worth, on behalf the City of Fort
Worth.
/V)
LINDA M.HIRRLINQER Notary Public, State of Texas
x-N `= MY COMMISSION EXPIRES
Febrwry 2,2010
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on _ • � Q� � 2014 by
' the of ;Noary}
a Texas non-profit
c
oration, on behalf of said corporation.
ZPublic, at e of Texas
OFFICIAL RECORD
CITY SECRETARY
ti rye MAT11E L.SANDERS
F',WORTH TX a Ni MY COMMISSION EXPIRES
-- -- �f, March 17,2018
CDBG PSA CONTRACT 2014-2015 32
YMCA of Metropolitan Fort Worth
EXHIBITS:
Exhibit"A"—Program Summary
Exhibit"A-1"—2014 HUD Income Limits
Exhibit `B"—Budget
Exhibit "C"—Audit Certification Form
Exhibit"D"—Reimbursement Forms
Exhibit"E"—Form of Income Self-Certification
Exhibit"F"—Standards for Complete Documentation
Exhibit "G"—Section 3 Reporting Forms
Exhibit "H"—Severely Disabled Certification Form
CDBG PSA CONTRACT 2014-2015 33
YMCA of Metropolitan Fort Worth
YMCA OF METROPOLITAN FT. WORTH EXHIBIT "A"
Early Childhood Education PROGRAM SUMMARY
PROGRAM SUMMARY
Community Development Block Grant
(CDBG)
October 1, 2014 to September 30, 2015 $50,000.00
PERIOD AMOUNT
PROGRAM:
Program will provide licensed child care scholarships to Fort Worth children of income eligible
families. Childcare services will consist of early childhood school-readiness and developmental
appropriate activities for social, emotional, cognitive, language, and physical skills.
CDBG funds will be used to pay for child care scholarships for children of income eligible Fort
Worth families.
Note: Only Fort Worth residents are eligible to receive direct scholarship assistance provided by
CDBG funds.
YMCA's office is located at 512 Lamar Street, Fort Worth, TX 76102. Program services will be
provided at the locations listed below Monday through Friday:
• McDonald-Southeast YMCA: 2801 Miller Avenue, Ft. Worth, TX 76105
Monday thru Friday, 6:30 am to 6:00 pm
• Amaka Child Development Center: 1501 Stephenson, Ft. Worth, TX 76102
Monday thru Friday, 7:00 am to 6:00 pm
• Ella McFadden Child Development Center: 512 Lamar Street, Fort Worth, TX 76102
Monday thru Friday, 7:00 am to 6:00 pm
REGULATORY CLASSIFICATION:
IDIS Matrix Code(s) and Service Category: 05L Child Care Services
National Objective Citation: LMC Low/Mod Limited Clientele 24 CFR 570.208(a)(2)
Regulatory Citation(s): 24 CFR 570.201(e)
Based on the nature of the service provided, Agency will maintain documentation that verifies
that 100% of clients served by the Program are income eligibile with current household incomes
at or below 80% of Area Median Income (AMI) as established or defined by the United States
Department of Housing and Urban Development(HUD).
CDBG PSA CONTRACT 2014-2015—EXHIBIT"A"—PROGRAM SUMMARY 1
YMCA of Metropolitan Fort Worth
PROGRAM GOALS:
Provide Program services to approximately 50 Unduplicated Clients
CDBG PSA CONTRACT 2014-2015—EXHIBIT"A"—PROGRAM SUMMARY 2
YMCA of Metropolitan Fort Worth
EXHIBIT "A-1"
2014 HUD Income Limits
2014 Median Family Income - Fort Worth/Arlington, TX*
1 Person 2 Persons 3 Persons 4 Persons 5 Persons 6 Persons 7 Persons 8 Persons
30%AMI $13,850 $15,800 $19,790 $23,850 $27,910 $31,970 $36,030 $40,090
50%AMI $23,050 $26,350 $29,650 $32,900 $35,550 $38,200 $40,800 $43,450
80%AMI $36,900 $42,150 $47,400 $52,650 1 $56,900 1 $61,100 1 $65,300 $69,500
Income Limits are established and published at least annually by HUD
CDBG PSA CONTRACT 2014-2015—EXHIBIT"A-1"-2014 HUD INCOME LIMITS 1
YMCA of Metropolitan Fort Worth
EXHIBIT "B"-BUDGET
Grant
Account A B C D E TOTAL
Bud et
ADMINISTRATIVE (HOPWA
ONLY)
Salaries 1001 20,800 99,200 363,000 30,000 175,000 688,000
Retirement 64,000 64,000
FICA 52,000 52,000
Life Insurance 1003 5,000 5,000
Health Insurance 1004 46,000 46,000
Disability Insurance 1005 8,000 8,000
Unemployment-State 1006 4,000 4,000
Accounting 5,000 5,000
TOTAL ADMINISTRATIVE
EXPENSES
%Administrative Cost
FROGRAMPERSONNEL
Salaries 2001
FICA 2002
Life Insurance 2003
Health Insurance 2004
Unemployment 2005
Worker's Compensation 2006
Retirement 2007
SUPPLIES AND SERVICES
Office Supplies 3001 23,000 70,000 93,000
Office Equipment Rental 3002
Postage 3003
Printing 3004
MISCELLANEOUS
Construction/Building Materials 4001
(only REACH)
Contract Labor(City needs copy of
contract before expenses can be 4002
reimbursed)
Craft Supplies 4003
Field Trip Admission Expenses 4004
Other Field Trip Expenses(if 4005
preapproved by City)
Food Supplies 4006
Teaching Aids 4007
FACILITY AND UTILITIES
Telephone 5001
Electric 5002 88,000 88,000
Gas 5003
Water and Wastewater 5004
Solid Waste Disposal 5005
Rent(City needs copy of lease 5006
before expenses can be reimbursed
Custodial Services 5007
Repairs 5008
Cleaning Supplies 5009
LEGAL,FINANCIAL,AND
INSURANCE
Fidelity Bond or Equivalent 6001
Directors and Officers 6002
General Commercial Liability 6003
Contract Accounting 6005
DIRECT ASSISTANCE
Childcare Scholarships 7001 50,000 96,200 245,800 392,000
Short-term Rent Assistance 7002
Short-term Mortgage Assistance 7003
Short-term Utilities Assistance 7004
OTHER EXPENSES 5,000 5,000
TOTAL 50,000 140,000 99,200 885,800 100,000 1 175,000 1,450,000
FUNDING A:CONTRIBUTIONS FUNDING D:TEXAS DEPARTMENT OF AGRICULTURE
FUNDING B:UNITED WAY FUNDING E:CCMS
FUNDING C:PARENT FEES
CDBG PSA CONTRACT 2014-2015-EXHIBIT`B"-BUDGET 1
YMCA of Metropolitan Fort Worth
The following tables are purely informational and were created solely for purposes of preparing,
negotiating, and determining the reasonableness of the overall line item budget on the first page
of this EXHIBIT `B" —BUDGET and are not to be considered part of the terms and conditions
of this Contract. Contractor may make changes to any column except the "Position" column in
the "Salary Detail" table without the City's consent so long as the total amounts charged to the
grant do not exceed the line items on the first page of the EXHIBIT `B"—BUDGET. Changes
to the column labeled"Position"may only be made with the prior written consent of the City.
SALARY DETAIL
Position Name Rate Annual Hours Percent to Grant Amount to Grant
TOTAL 0
FRINGE DETAIL
Percent of Payroll Amount Percent to Grant Amount to Grant
FICA
Life Insurance
Health Insurance
Unemployment
Workers Compensation
Retirement
TOTAL 0
SUPPLIES AND SERVICES
Total Budget Percent to Grant Amount to Grant
Office Supplies
Office Equipment Rental
Postage
Printing
TOTAL 0
MISCELLANEOUS
Total Budget Percent to Grant Amount to Grant
Contract Labor
Craft Supplies
Facility Fees
Field Trip Costs
Food Supplies
Teaching Aids
TOTAL 0
CDBG PSA CONTRACT 2014-2015—EXHIBIT`B"—BUDGET 2
YMCA of Metropolitan Fort Worth
FACILITY AND UTILITIES
Total Budget Percent to Grant Amount to Grant
Telephone
Electric
Gas
Water and Wastewater
Solid Waste Disposal
Rent
Custodial Services
Repairs
Cleaning Supplies
TOTAL 0
FINANCIAL AND INSURANCE
Total Budget Percent to Grant Amount to Grant
Fidelity Bond or Equivalent)
General Commercial Liability
Directors and Officers
Contract Accounting
TOTAL 0
DIRECT ASSISTANCE
Total Budget Percent to Grant Amount to Grant
Childcare Scholarships 50,000 100% 50,000
Short-Term Rent Assistance
Short Term Mortgage Assistance
Short Term Utilities Assistance
Tenant Based Rental Assistance
TOTAL 50,000
CDBG PSA CONTRACT 2014-2015—EXHIBIT"B"—BUDGET 3
YMCA of Metropolitan Fort Worth
EXHIBIT "C"—Audit Certification Form
[See attached]
CDBG PSA CONTRACT 2014-2015—EXHIBIT"C"—AUDIT CERTIFICATION FORM 1
YMCA of Metropolitan Fort Worth
AUDIT CERTIFICATION FORM AND AUDIT REQUIREMENTS
Agency: YMCA of Metropolitan Fort Worth
Fiscal Year Ending: September 30,2015
❑ 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)
Federal Expenditure Disclosure
MUST be filled out if Sin le Audit or Program Audit is NOT:re aired.
Pass Through Program Name'& Contract
Federal Grantor Expenditures
Grantor CFDA Number Number
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 may affect eligibility for future
funding. Notwithstanding the above, this certification acknowledges the agency's
commitment to meet all other financial reporting, financial statements, and other audit
requirements as may be set forth in the Contract.
CDBG PSA CONTRACT 2014-2015—EXHIBIT"C"—AUDIT CERTIFICATION FORM 2
YMCA of Metropolitan Fort Worth
Exhibit "D" --Reporting Forms
[See attached]
CDBG PSA CONTRACT 2014-2015 Exhibit"D"--REIMBURSEMENT FORMS
YMCA of Metropolitan Fort Worth 1
Attachment I
INVOICE
Agency: YMCA of Metropolitan Fort Worth
Address: 512 Lamar St.
City, State, Zip: Fort Worth, TX 75102
Program: Childcare Program
Period of Service:
Program Amount.
This Invoice Cumulative to'Date
Agency's Certification: I certify that the costs incurred are valid and
consistent with the terms and conditions of the contract between City and
Agency. By signing this invoice, I certify that to the best of my knowledge
and belief the data included in this report is true and accurate. It is
acknowledged that the provision of false information could leave the
certifying official subject to the penalties of federal, state, and local law.
Signature and Date:
Name:
Title:
CDBG PSA CONTRACT 2014-2015 Exhibit"D" --REIMBURSEMENT FORMS
YMCA of Metropolitan Fort Worth 2
Attachment II
City of Fort Worth
Housing and Economic Development Department
Expenditure Worksheet
Agency: YMCA of Metropolitan Fort Worth
Program: Childcare Program
Please rou Tike account codes. Highlighted are the only relevant codes for this Program.
Ltna'NO. Check No. Pa se
Account Go de Expense Lme Item
Descri Lion Sae Ke 1ff"Ri ht Amount Aacourit
1
ADMINISTRATIVE OPWAOnt
2
3 Salaries 1001
4 FICA 1002
5 Life Insurance 1003
6 LLega[& ance 1004
7 Disability surance 1005
8 Unemployment-State 1006
9 ountin 1007
10 PROGRAM PERSONNEL
11 1 Salaries 2001
12 FICA 2002
13 Life Insurance 2003
14 Health Insurance 2004
15 Unem to ment 2005
16 Worker's Corn ensation 2006
17 Retirement 2007
18
SUPPLIES"AND SERVICES
19 Office Supplies 3001
20 Office Equipment Rental 3002
21 Postage 3003
22 Printing 3004
23
MISCELLANEOUS
24 Conference&Seminars" 4001
25
Construction/Buildin Materials 4002
26 Contract Labor 4003
27 Craft Su lies 4004
28 Credit Re orts 4005
29 Facility Fees 4006
30 Field Trip Costs 4007
31 Food Supplies 4008
32 Mileage 4009
33 Teaching Aids 4010
34 FACILITY AND UTILITIES
35 1 Tele hone 5001
36 Electric 5002
37 Gas 5003
38 Water and Wastewater 5004
39 Solid Waste Disposal 5005
40 Rent 5006
41 Custodial Services 5007
42 Repairs 5006
43
Cleaning Supplies 5009
e
44
LEGAL FINANCIAL"AND INSURANCE
45 Fidelity Bond or Equivalent 6001
46 Directors and Officers 6002
47
General Commercial Liability 6003
48 Le al Fees 6004
49 Contract Accounting 6005
50
DIRECT ASSISTANCE
51 Childcare Scholarships 7001
52
Counseling-Individual Sessions 7pp2
53
Counseling-Group Sessions 7003
54 Short-term Rent Assistance 7004
55
Short-term Mortgage Assistance 7005
56
Short-term Utilities Assistance 7006
57
Tenant Based Rental Assistance 7007 !_
CAPITAL OUTLAY
58 -
59 Furniture,Fixtures 8001
60
Computers 8002
Total Office Equipment
8003
S ort and Recreation Equipment
8004
-Payroll must identify employee. Rent must identify tenant. Other payments should identify individuals,if applicable.
CDBG PSA CONTRACT 2014-2015 Exhibit"D"--REIMBURSEMENT FORMS
YMCA of Metripolitan Fort Worth
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Exhibit"E"—Income Certification Forms
[See attached]
CDBG PSA CONTRACT 2014-2015--EXHIBIT"E"--INCOME CERTIFICATION FORMS 1
YMCA of Metropolitan Fort Worth
YMCA of Metropolitan Fort Worth
CERTIFICATION OF INCOME STATEMENT
Applicant Name:
Current Address: Phone #:
Household Members and Income
(Including App l'cant)
Last Name First Name Age Monthly Source/Employer Name
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 HOUSEHOLD MEMBERS (Include Yourself AND everyone who lives in the house.)
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.
WARNING: TITLE 18,SECTION 1001 OF THE U.S.CODE STATES THAT A PERSON IS GUILTY OF A FELONY
FOR KNOWINGLY AND WILLINGLY MAKING FALSE OR FRAUDULENT STATEMENTS TO ANY DEPARTMENT OF
THE UNITED STATES GOVERNMENT.
Signature of Applicant Date
-----------------For use hy Agency staff only-----------------
Household Size: Gross Annual Income:
Applicable Income Limit: Is Applicant Eligible?
Check if Applicant refused to provide demographic information: ❑
Staff Assessment of Demographics:
Person Making Determination: Date:
NOTE. Address, income amounts and sources for ALL household members are required.
CDBG PSA CONTRACT 2014-2015--EXHIBIT`B"--INCOME CERTIFICATION FORMS 2
YMCA of Metropolitan Fort Worth
YMCA of Metropolitan Fort Worth
CERTIFICACION DE DECLARACION DE INGRESOS
Nombre del Solicitante:
Domicilio Actual: Numero de Telefono:
Miembros en el Ho ag r e In rg esos
(Incluir el/la solicitante)
Apellido Nombre Had Ingreso Fuente de Ingresos/Nombre de Empleador
Mensual
**INFORMACION PERSONAL:(Seleccione uno en cada categoria. Informacion opcional para propositos de informacion Federal)
a. ❑MASCULINO b.❑CAUCASICO ❑NEGRO/AFRICANO AMERICANO
❑NEGRO/AFRICANO AMERICANO&CAUCASICO
❑FEMININO ❑INDIO AMERICANO/NATIVO DE ALASKA ❑ASIATICO
❑INDIO AMERICANO/NATIVO DE ALASKA&CAUCASICO ❑ASIATICO&CAUCASICO
❑NATIVO HAWAIANO/OTRO DE LAS ISLAS PACIFICAS ❑BALANCE/OTRO
❑INDIO AMERICANO/NATIVO DE ALASKA&NEGRO/AFRICANO AMERICANO
c. ETNICIDAD d.DISCAPACITADO e.DES EL SOLICITANTE UNA MUJER Y CABECERA DEL HOGAR?
❑HISPANO ❑SI ❑ SI
❑NO-HISPANO ❑NO ❑NO
*NUMERO TOTAL DE MIEMBROS EN EL HOGAR (Incluye a si mismo y a todos los que viven en la casa)
Ingreso total del hogar anual anticipado:
Certificacion:
Certifico que la informacion que proporciono es verdad y podria ser susceptible a la comprobacion a cualquier
tiempo por terceros. Yo tambien reconozco que la provision de informacion falsa me podria dejar sujeto a las
penalidades Federales, Estatales y locales.
ADVERTENCIA: TITULO 18,SECCI6N 1001 DEL CODIGO DE EE.UU.QUE UNA PERSONA ES CULPABLE DE
UN DELITO POR SABER Y VOLUNTARIAMENTE RACER DECLARACIONES FALSAS O FRAUDULENTAS A
CUALQUIER DEPARTAMENTO DEL GOBIERNO ESTADOUNIDENSE.
Firma del Solicitante Fecha
----------------Para use de em leados de la gVncia-----------------
#De Miembros de Familia: Ingreso Anual:
Limite de Ingreso: ZEs solicitante elegible?
Compruebe si el solicitante se nego a dar su informacion personal: ❑
Evaluacion del empleado sobre informacion personal:
Persona haciendo la determinacion: Fecha:
Note: La direccion de la casa y los ingresos (y sus origenes) para todos miembros del hogar son requeridos.
CDBG PSA CONTRACT 2014-2015 --EXHIBIT`B"--INCOME CERTIFICATION FORMS 3
YMCA of Metropolitan Fort Worth
Exhibit "F" - Standards for Complete Documentation
[See attached]
CDBG PSA CONTRACT 2014-2015 Exhibit"F"--STANDARDS FOR COMPLETE DOCUMENTATION
YMCA of Metropolitan Fort Worth
i
2014-2015 Documentation Standards for
Public Service Contract Expenses
s z,-aa
T q p w Y
v O �
Butlget Cute items o a` i=r:U ,.l° u'S<*1 ote4lOtherr„ti;- _ t'- -
Em loyee Salaries and Benefits
Salaries X X* Iran employee works solely with Contract eligible clients and solely on Contract eligible items,then the employee's entire salary is eligible for
reimbursement.Twice in each calendar year,the client must submit a written statement verifying that the above conditions are still true.The
statement must also be signed be a person authorized to sign on behalf of the agency.
If an employee works on a variety of programs,or works with a mixture of Contract eligible clients and non-eligible clients,then the City will only
reimburse for a reasonable portion of the employee's salary.Each reimbursement request must include not only the employee's timesheet,but also
a work log breaking out the employee's time by project or activity.For employees 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.
'If employees are paid by direct deposit rather than check,then the agency must submit bath 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 If the City pays gross salary,this is already included.If the City pays the employer portion,then the employer must show a calculation and
documentation of how the invoiced amount was calculated,and include documentation showin a men,.
Life Insurance If the City pays gross salary,this is already included.Ifwe pay the employer portion,then the employer must show a calculation and documentation
of how the invoiced amount was calculated,must include an invoice from the insurer,and must include documentation showing payment.
Health Insurance lithe City pays gross salary,this is already included.If we pay the employer portion,then the employer must show a calculation and documentation
of how the invoiced amount was calculated,must include an invoice from the insurer,and must include documentation showing payment.
Disability Insurance If the City pays gross salary,this Is already included.If we pay the employer portion,then the employer must show a calculation and documentation
of how the invoiced amount was calculated,must include an invoice from the insurer,and must include documentation showing payment.
Unemployment If the City pays gross salary,this is already included.If we pay the employer portion,then the employer must show a calculation and documentation
Insurance of how the Invoiced amount was calculated and must include documentation showing payment.
Retirement If we pay gross salary,this is already included.If we pay the employer portion,then the employer must show a calculation and documentation of how
the invoiced amounl was calculated,must and include documentation showing payment,and priorio the first reimbursement,must include the
ersonnel odic
regarding retirement benefits.
Professional Services
Accounting X X X if an audit is required because federal funds exceed$500,000,then the cost should be split evenly by all federal funding sources.
Ex enses
Materials,Equipment Goods and Supplies
Office Su Iles X X X
Office Equipment X X X
Rental
Postage X X I I I X The agency should maintain information regarding mailouts.If the agency has a Pitney Bowes machine or like postage machine,the records of that
machine must be on file.Likewise,if mail is categorized by payment source,then those records must be on file.For large mailouts,the agency
should keep a copy of the letter and a list of all addressees.
Printing X X I I ix
Construction& X X This category is only available for REACH.
Bulkin Materials
Sport and X fix X
Recreation
Equipment
Cleanin Su ties X X
Teachin Aids X X
Craft SU lies X X
Food Supplies X X
Travel and Field Trips
Field Trip X X In addition to admission expenses,food expenses will also be allowed so long as the agency has a written policy stating that food and drinks are
Admission routine purchases on all field trips,not just Contract-funded field trips.
Expenses
Rent, Utilities and Maintenance-If the following expenses are paid for a facility that is used for other purposes besides the Contract program,then the bills must be
Telephone Ix X
Gas X X
Water/Wastewater X X
Electric X X
Solid Waste X X
Dis osal
Facility X X X
Maintenance and
Re airs
custodial Services X X Ilse rvices are provided gler a contract,agency will to rovide contract instead of invoices.
Rent X X
Miscellaneous
Contract Labor X Ix I Ix
Insurance Required X X
Under the Contract
Childcare City requires that the agency submit its fee schedule,showing a breakout of income levels,and for each level a breakout ofthe portion of the
Scholarships expense to be paid by family and the portion to be reimbursed by the City.This fee schedule is required prior to the first payment.We also require
the income eligibiity,of each household so that we can determine ifwe are being changed in conformance with the fee schedule.If the fee schedule
changes at any time during the contract year,the agency must notify City and provide a new schedule within 30 days of the change.
'Proof of payment effective October 1,2014: 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"Advace”or Statement AND Bank Statement indicating payroll;OR,
D)Forwire or e-transfers:Reclept or statement from payee/vendor OR bank statement.
CDBG PSA CONTRACT 2014-2015 Exhibit"F"--STANDARDS FOR COMPLETE DOCUMENTATION
YMCA of Metropolitan Fort Worth 2
EXHIBIT "G"
SECTION 3 REPORTING FORMS
[See attached]
CDBG PSA CONTRACT 2014-2015--EXHIBIT"G"—SECTION 3 REPORTING FORMS 1
YMCA of Metropolitan Fort Worth
EXHIBIT IV'
Section 3 Summary Report U.S.Department of Housing OMB Approval No: 2529-0043
Economic Opportunities for and Urban Development (exp.11/30/2010)
Low—and Very Low-Income Persons Office of Fair Housing
And Equal Opportunity HUD Field Office:
Section back of page for Public Reporting Burden statement
1.Recipient Name&Address: (street,city,state,zip) 2.Federal Identification: (grant no.) 3. Total Amount of Award:
4.Contact Person 5.Phone: (Include area code)
6.Length of Grant: 7.Reporting Period:
8.Date Report Submitted: 9.Program Code: (Use separate sheet 10. Program Name:
for each program code)
Part I: Employment and Training Columns B,C and F are manda ory fields. Include New Hires in E&F
A B C D E F
Number of Number of New %of Aggregate Number %of Total Staff Hours Number of Section 3
Job Category New Hires Hires that are of Staff Hours of New Hires for Section 3 Employees Trainees
Sec.3 Residents that are Sec.3 Residents and Trainees
Professionals
Technicians
Office/Clerical
Construction by Trade(List)
Trade
Trade
Trade
Trade
Trade
Other List
'Total
Program Codes 3=Public/Indian Housing 4=Homeless Assistance 8=CDBG State Administered
1=Flexible Subsidy A=Development, 5=HOME 9=Other CD Programs
2=Section 202/811 B=Operation 6=HOME State Administered 10=Other Housing Programs
C=Modernization 7=CDBG Entitlement
Page 1 of 2 form HUD 60002(6/2001)
Ref 24 CFR 135
I
Part II: Contracts Awarded
1. Construction Contracts:
A. Total dollar amount of all contracts awarded on the project $
B. Total dollar amount of contracts awarded to Section 3 businesses $
C. Percentage of the total dollar amount that was awarded to Section 3 businesses %
D. Total number of Section 3 businesses receiving contracts
2. Non-Construction Contracts:
A. Total dollar amount all non-construction contracts awarded on the project/activity $
B. Total dollar amount of non-construction contracts awarded to Section 3 businesses $
C. Percentage of the total dollar amount that was awarded to Section 3 businesses %
D. Total number of Section 3 businesses receiving non-construction contracts
Part III: Summary
Indicate the efforts made to direct the employment and other economic opportunities generated by HUD financial assistance for housing
and community development programs,to the greatest extent feasible,toward low-and very low-income persons,particularly those who
are recipients of government assistance for housing. (Check all that apply.)
Attempted to recruit low-income residents through: local advertising media,signs prominently displayed at the project site,
contracts with the community organizations and public or private agencies operating within the metropolitan area(or
nonmetropolitan county)in which the Section 3 covered program or project is located,or similar methods.
Participated in a HUD program or other program which promotes the training or employment of Section 3 residents.
Participated in a HUD program or other program which promotes the award of contracts to business concerns which meet the
definition of Section 3 business concerns.
Coordinated with Youthbuild Programs administered in the metropolitan area in which the Section 3 covered project is located.
Other;describe below.
Public reporting for this collection of information is estimated to average 2 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.
This agency may not collect this information,and you are not required to complete this form,unless it displays a currently valid OMB
number.
Section 3 of the Housing and Urban Development Act of 1968,as amended,12 U.S.C.1701 u,mandates that the Department ensures that
employment and other economic opportunities generated by its housing and community development assistance programs are directed
toward low-and very-low income persons,particularly those who are recipients of government assistance housing. The regulations are
found at 24 CFR Part 135. The information will be used by the Department to monitor program recipients'compliance with Section 3,to
assess the results of the Department's efforts to meet the statutory objectives of Section 3,to prepare reports to Congress,and by
recipients as self-monitoring tool. The data is entered into a database and will be analyzed and distributed. The collection of information
involves recipients receiving Federal financial assistance for housing and community development programs covered by Section 3. The
information will be collected annually to assist HUD in meeting its reporting requirements under Section 808(e)(6)of the Fair Housing Act
and Section 916 of the HCDA of 1992. An assurance of confidentiality is not applicable to this form. The Privacy Act of 1974 and OMB
Circular A-108 are not applicable. The reporting requirements do not contain sensitive questions. Data is cumulative;personal identifying
information is not included.
Page 2 of 2 form HUD 60002(11/2010)
Ref 24 CFR 135
(
Form HUD-60002,Section 3 Summary Report,Economic Opportunities for Low-and Very Low-Income Persons.
Instructions: This form is to be used to report annual 8. Program Code: Enter the appropriate program code as listed at
accomplishments regarding employment and other economic the bottom of the page.
opportunities provided to low-and very low-income persons under 9. Program Name: Enterthe name of HUD Program corresponding
Section 3 of the Housing and Urban Development Act of 1968. The with the"Program Code"in number 8.
Section 3 regulations apply to any public and Indian housing
programs that receive: (1)development assistance pursuant to Part I: Employment and Training Opportunities
Section 5 of the U.S.Housing Act of 1937;(2)operating assistance Column A: Contains various job categories. Professionals are
pursuant to Section 9 of the U.S.Housing Act of 1937;or(3) defined as people who have special knowledge of an occupation(i.e.
modernization grants pursuant to Section 14 of the U.S.Housing Act supervisors,architects,surveyors,planners,and computer
of 1937 and to recipients of housing and community development programmers). For construction positions,list each trade and provide
assistance in excess of$200,000 expended for: (1)housing data in columns B through F for each trade where persons were
rehabilitation(including reduction and abatement of lead-based paint employed. The category of"Other"includes occupations such as
hazards);(2)housing construction;or(3)other public construction service workers.
projects;and to contracts and subcontracts in excess of$100,000 Column B: (Mandatory Field) Enter the number of new hires for
awarded in connection with the Section-3-covered activity. each category of workers identified in Column A in connection with
Form HUD-60002 has three parts,which are to be completed for this award. New hire refers to a person who is not on the contractor's
all programs covered by Section 3. Part I relates to employment or recipient's payroll for employment at the time of selection for the
and training.The recipient has the option to determine numerical Section 3 covered award or at the time of receipt of Section 3 covered
employment/training goals either on the basis of the number of hours assistance.
worked by new hires(columns B,D,E and F). Part II of the form Column C: (Mandatory Field) Enter the number of Section 3 new
relates to contracting,and Part III summarizes recipients'efforts to hires for each category of workers identified in Column A in
comply with Section 3. connection with this award. Section 3 new hire refers to a Section 3
Recipients or contractors subject to Section 3 requirements must resident who is not on the contractor's or recipient's payroll for
maintain appropriate documentation to establish that HUD financial employment at the time of selection for the Section 3 covered award or
assistance for housing and community development programs were at the time of receipt of Section 3 covered assistance.
directed toward low-and very low-income persons.* A recipient of Column D: Enter the percentage of all the staff hours of new hires
Section 3 covered assistance shall submit one copy of this report to (Section 3 residents)in connection with this award.
HUD Headquarters,Office of Fair Housing and Equal Opportunity. Column E: Enter the percentage of the total staff hours worked for
Where the program providing assistance requires an annual Section 3 employees and trainees(including new hires)connected
performance report,this Section 3 report is to be submitted at the with this award. Include staff hours for part-time and full-time
same time the program performance report is submitted. Where an positions.
annual performance report is not required,this Section 3 report is to be Column F: (Mandatory Field) Enter the number of Section 3
submitted by January 10 and,if the project ends before December 31, residents that were trained in connection with this award.
within 10 days of project completion. Only Prime Recipients are Part II: Contract Opportunities
required to report to HUD. The report must include Block 1: Construction Contracts
accomplishments of all recipients and their Section 3 covered Item A: Enter the total dollar amount of all contracts awarded on the
contractors and subcontractors. project/program.
HUD Field Office: Enter the Field Office name. Item B: Enter the total dollar amount of contracts connected with this
1. Recipient: Enter the name and address of the recipient project/program that were awarded to Section 3 businesses.
submitting this report. Item C: Enter the percentage of the total dollar amount of contracts
2. Federal Identification: Enter the number that appears on the connected with this project/program awarded to Section 3 businesses.
award form(with dashes). The award may be a grant, Item D: Enter the number of Section 3 businesses receiving awards.
cooperative agreement or contract. Block 2: Non-Construction Contracts
3. Dollar Amount of Award: Enter the dollar amount,rounded to the Item A: Enter the total dollar amount of all contracts awarded on the
nearest dollar,received by the recipient. project/program.
4&5. Contact Person/Phone: Enter the name and telephone number Item B: Enter the total dollar amount of contracts connected with this
of the person with knowledge of the award and the recipient's project awarded to Section 3 businesses.
implementation of Section 3. Item C: Enter the percentage of the total dollar amount of contracts
6. Reporting Period: Indicate the time period(months and year) connected with this project/program awarded to Section 3 businesses.
this report covers. Item D: Enter the number of Section 3 businesses receiving awards.
7. Date Report Submitted: Enter the appropriate date. Part III: Summary of Efforts—Self-explanatory
Submit one(1)copy of this report to the HUD Headquarters Office of
Fair Housing and Equal Opportunity,at the same time the The Secretary may establish income ceilings higher or lower than 80 percent
performance report is submitted to the program office. The Section 3 of the median for the area on the basis of the Secretary s findings such that
report is submitted by January 10. Include only contracts executed variations are necessary because of prevailing levels of construction costs
during the period specified in item 8. PHAs/IHAs are to report all or unusually high-or low-income families. Very low-income persons mean
contracts/subcontracts. low-income families(including single persons)whose incomes do not
exceed 50 percent of the median family income area,as determined by the
" The terms"low-income persons"and very low-income persons"have Secretary with adjustments or smaller and larger families,except that the
the same meanings given the terms in section 3(b)(2)of the United Secretary may establish income ceilings higher or lower than 50 percent of
States Housing Act of 1937. Low-income persons mean families the median for the area on the basis of the Secretary's findings that such
(including single persons)whose incomes do not exceed 80 percent of variations are necessary because of unusually high or low family incomes.
the median income for the area,as determined by the Secretary,with
adjustments for smaller and larger families,except that
s
Page i form HUD 60002(11/2010)
Ref 24 CFR 135
EXHIBIT "H"—Severely Disabled Certification Form
[See attached]
I
CDBG PSA CONTRACT 2014-2015—EXHIBIT"H"—SEVERELY DISABLED CERTIFICATION FORM 1
YMCA of Metropolitan Fort Worth
I
11/18/2014 M&C Review
Official site of the City of Fort Worth,Texas
014 A 11
UITY U NCIL N DA --N%U O F--
iff
COUNCIL ACTION: Approved on 8/5/2014 -Ordinance No. 21363-08-2014
CONTINUED FROM A PREVIOUS WEEK
DATE: 7/22/2014 REFERENCE C-26893 LOG NAME: 17HUDACTION PLAN PY2014-
NO.: 2015
CODE: C TYPE: NON- PUBLIC YES
CONSENT HEARING.
SUBJECT: Conduct Two Public Hearings and Approve the City's Action Plan for the Use of Federal
Grant Funds in the Amount of$9,827,252.00 from the United States Department of
Housing and Urban Development for Program Year 2014-2015 from the Community
Development Block Grant, HOME Investment Partnerships Program, Emergency Solutions
Grant and Housing Opportunities for Persons with AIDS Grant Programs, Authorize
Collection and Use of Program Income, Authorize Waiver of 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 two public hearings to allow citizen input and consideration of the City's 2014-2015 Action
Plan for use of federal grant funds from the United States Department of Housing and Urban
Development in the amount of $9,827,252.00 for Program Year 2014-2015 from the Community
Development Block Grant, HOME Investment Partnerships Program, Emergency Solutions Grant and
Housing Opportunities for Persons with AIDS grant programs and for the use of program income from
activities using prior years' federal grant funds;
2. Approve the City's 2014-2015 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 amount of$50,000.00 of program income resulting
from activities using prior years' Community Development Block Grant funds for the programs and
activities detailed below;
4. Authorize the collection and use of an estimated amount of$100,000.00 of program income resulting
from activities using prior years' HOME Investment Partnerships Program funds for the City's
Homebuyer Assistance Program;
5. Authorize the City Manager or his designee to execute contracts and Interdepartmental Letters of
Agreement for a one year term with the agencies listed below in Tables 1, 2 and 3 for Program Year
2014-2015 for Community Development Block Grant, Emergency Solutions Grant and Housing
Opportunities for Persons with AIDS grant funds, contingent upon receipt of funding;
6. Authorize the City Manager or his designee to extend the contracts and Interdepartmental Letters of
Agreement for up to one year if an agency or department requests an extension and such extension is
necessary for completion of the program, or to amend the contracts and Interdepartmental Letters of
Agreement if necessary to achieve program goals provided any amendment is within the scope of the
program and in compliance with City policies and all applicable laws and regulations governing the use
of federal grant funds;
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=20027&councildate=8/5/2014 116
11/18/2014 M&C Review
8. Authorize a waiver of indirect cost rates as applicable for the Grants Fund, in accordance with the
City's Administrative Regulations; and
9. Adopt the attached appropriation ordinance increasing the estimated receipts and appropriations to
the Grants Fund in the total amount of $9,827,252.00 consisting of $6,193,950.00 in Community
Development Block Grant funds, $2,143,383.00 in HOME Investment Partnerships Program funds,
$493,901.00 in Emergency Solutions Grant funds and $996,018.00 in Housing Opportunities for
Persons with AIDS grant funds, plus any program income, all subject to receipt of such funds.
DISCUSSION:
The City's Annual Action Plan summarizes the major housing and community development activities
and proposed expenditures for use of federal grant funds totaling $9,827,252.00 from the United States
Department of Housing and Urban Development (HUD) for Community Development Block Grant
(CDBG), HOME Investment Partnerships Program (HOME), Emergency Solutions Grant (ESG) and
Housing Opportunities for People with AIDS (HOPWA) grant programs for the program year beginning
October 1, 2014 and ending September 30, 2015. This year's Action Plan also summarizes the use of
program income resulting from activities using prior years' CDBG and HOME funds. The purpose of
these grant funds is to primarily benefit low and moderate income City residents, with ESG funds
primarily benefiting homeless persons and HOPWA funds primarily benefiting persons with HIWAIDS.
Staff developed recommendations for the allocation of the estimated funding from HUD and presented
them to the Community Development Council (CDC) on May 21, 2014 and to the City Council at the
Pre-Council meeting on June 10, 2014. Notice of a 30-day public comment period from July 2, 2014 to
July 31, 2014 was published in the Fort Worth Star-Telegram on June 28, 2014. Any comments
received will be maintained by the Housing and Economic Development Department, in accordance
with federal regulations. The City will hold two public hearings as part of the HUD-required citizen
participation process, the first on July 22, 2014 and the second on August 5, 2014 at which time the City
Council is scheduled to approve the Action Plan. In addition, public hearings were held on June 24,
2014 at 10:00 a.m. and 6:00 p.m. for citizens to provide comment on the proposed list of neighborhood
streets eligible for reconstruction using CDBG funds.
A summary of the CDC's funding recommendations is provided below in Tables 1, 2 and 3 and a
spreadsheet of all specific funding recommendations is attached. The Action Plan must be submitted to
H U D by August 15, 2014.
For Program Year 2014-2015, it is recommended that the amount of $6,193,950.00 in CDBG funds
and the estimated amount of$50,000.00 of CDBG program income be allocated as follows:
Public Services -$929,092.50
This item includes social services for low to moderate income, disabled and disadvantage populations.
Housing Programs and Services -$2,150,600.00
This item includes funding for the City's Priority Repair Program, Cowtown Brush-Up, homebuyer and
housing services and accessibility modifications to the homes of senior and/or disabled individuals and
related project delivery costs for these programs.
CDBG Match Funds -$500,000.00
This item includes match funds for the Lead Grant program.
Infrastructure Services -$638,126.80
This item includes funding for reconstruction of neighborhood streets.
CDBG Economic Development -$737,340.70
This item is the City's annual payment on its Section 108 loan from HUD.
http://apps.cfwnet.org/council_packet/me review.asp?ID=20027&councildate=8/5/2014 216
11/18/2014 M&C Review
CDBG Estimated Program Income -$50,000.00
The CDC recommended allocating any CDBG program income for the reconstruction of neighborhood
streets.
CDBG General Administration -$1,238,790.00
This item includes costs for administering the CDBG grant including allocations for Financial
Management Services, Internal Audit and Transportation and Public Works Departments.
For Program Year 2014-2015, it is recommended that the amount of $2,143,383.00 in HOME funds
and the estimated amount of$100,000.00 of HOME program income be allocated as follows:
Homebuyer Assistance Program -$1,097,405.70
This items includes funding for down payment and/or closing cost assistance to low and moderate
income homebuyers.
Community Development Housing Organizations (CHDO) Set Aside -$321,507.40
HUD requires that a minimum of 15 percent of HOME funds be allocated to CHDOs for affordable
housing projects and CHDO administrative operating costs. These funds will be used to complete the
Hillside Morningside Neighborhood Single Family Infill Development which will result in the construction
of up to 17 single family houses by the Tarrant County Housing Partnership CHDO.
Multifamily Development -$510,131.60
Funding will be used for the Columbia at Renaissance Square, an approximately 140-unit mixed
income development, with 28 market rate units. The rest of the units will provide quality affordable
housing to Fort Worth families with incomes at or below 80 percent of Area Median Income. The
development will be located at 3801 W.G. Daniels Drive in Council District 8.
HOME General Administration -$214,338.30
This item includes costs for administering the HOME grant.
HOME Estimated Program Income -$100,000.00
The program income will be used in the City's Homebuyer Assistance Program.
For Program Year 2014-2015, it is recommended that the amount of$996,018.00 in HOPWA funds be
allocated as follows:
Non-Profit Service Providers -$966,137.46
HOPWA Program Administration -$29,880.54
For Program Year 2014-2015, it is recommended that the amount of $493,901.00 in ESG funds be
allocated as follows:
Non-Profit Service Providers -$456,858.42
ESG Program Administration -$37,042.58
The CDC and Staff recommend that contracts be executed with the agencies listed below in the
amounts shown in the following tables:
Community Development Block Grant:
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=20027&councildate=8/5/2014 3/6
11/1812014 M&C Review
Table 1 - CDBG Agencies
Organization 11rrogrami IlArnount
Women's Center of Tarrant County Senior Services $ 75,000.00
Senior Citizens of Greater Tarrant Senior Services $ 93,092.50
County
YMCA of Metropolitan Fort Worth Child Care Services IV 50,000.00
YWCA of Fort Worth and Tarrant Child Development $ 50,000.00
County
Childcare Associates Child Care Services $ 50,000.00
Girls Inc. of Tarrant County Youth Services $ 75,000.00
Camp Fire 7FYouth Services 1$ 75,000.00
Lena Pope Home Youth Services 1$ 75,000.00
Ladder Alliance Employment/Job Training $ 75,000.00
Tarrant County Housing Partnership Housing Counseling & $ 124,000.00
Education
Presbyterian Night Shelter iCase Management/Main $ 82,000.00
Shelter
Meals on Wheels of Tarrant Count Home-delivered Meals $ 105,000.00
County Program
CDBG Public Service Subtotal $ 929,092.50
*REACH Resource Center on Need-Project Ramps $ 75,000.00
Independent Living
Total CDBG Contracts $1,004,092.50
*REACH will be funded from the CDBG Housing Programs budget.
Housing Opportunities For Persons With AIDS:
Table 2 - HOPWA Agencies
Organization Program Amount
Tarrant
County Administration (seven percent) and Supportive Services $409,380.46
Samaritan
Housing, Inc.
AIDS Administration (seven percent), Supportive Services,
Outreach Tenant Based Rental Assistance (TBRA), and Short $556,757.00
Center, Inc. Term Rent Mortgage and Utility Assistance (STRMU)
TOTAL
HOPWA $966,137.46
Contracts
Emergency Solutions Grant:
Table 3 - ESG Agencies
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=20027&counciIdate=8/5/2014 4/6
11/18/2014 M&C Review
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Organization Program Amount
SafeHaven of Tarrant County Shelter Services $ 85,065.00
Presbyterian Night Shelter Shelter Services $ 95,544.00
Day Resource Center for the Shelter Services $115,732.00
Homeless
The Salvation Army, a Georgia Homelessness Prevention/Rapid Re- $ 43,136.00
Corporation Housing
Catholic Charities of Fort Worth
Homelessness Prevention/Rapid Re- 381.42
Housing $117'
TOTAL ESG Contracts $456,858.42
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 451727 017206720XXX $6.193.950.00
GR76 5XXXXX 017206720XXX $6,193,950.00
GR76 451727 017206721XXX $2,143,383.00
GR76 5XXXXX $2.143.383.00
017206721XXX
GR76 451727 017206723XXX $493.901.00
GR76 5XXXXX 017206723XXX $493,901.00
GR76 451727 017206724XXX $996,018.00
GR76 5XXXXX 017206724XXX $996,018.00
GR76 476091 017206720XXX $50,000.00
GR76 5XXXXX 017206720XXX $50,000.00
GR76 476076 017206721XXX $100,000.00
GR76 5XXXXX 017206721XXX $100.000.00
Submitted for City Manager's Office bv: Fernando Costa (6122)
Originating Department Head: Jay Chapa (5804)
Cynthia Garcia (8187)
Additional Information Contact: Leticia Rodriguez (7319)
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=20027&councildate=8/5/2014 5/6
11/18/2014 M&C Review
ATTACHMENTS
17HUDACTIONPLANPY2014-2015 AO 2014.docx
Action Plan 14-15.pdf
PROPOSED 2014 CDBG Streets Attachment.pdf
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http://apps.cfwnet.org/council packet/mc_review.asp?ID=20027&councildate=8/5/2014 6/6