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HomeMy WebLinkAboutContract 49976 CITY SECRETARY CONTRACT NO. �8 cm STAT TEXAS § TY OF TARRANT § This contract("Contract")is made and entered into by and between the City of Fort Worth (hereafter"City") and Lighthouse for the Homeless, dba True Worth Place (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 ("HUD") through the Emergency Solutions Grant Program ("ESG"), Program No. S-17-MC-48-0006, Catalog of Federal Domestic Assistance No. 14.231; WHEREAS, the ESG program is intended to provide homeless persons or persons at risk of becoming homeless with financial assistance,basic shelter,essential supportive services,and/or operations, as applicable; WHEREAS,Agency submitted a proposal to use ESG funds for an eligible program under the ESG 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 ESG 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 2017 income limits are attached hereto as EXHIBIT "A-1"—2017 HUD Income Limits. Business Diversity Enterprise Ordinance or BDE means the City's Business Diversity Ordinance, Ordinance No. 20020-12-2011. Complete Documentation means the following documentation as applicable: ESG PSA CONTRACT 2017-2018 Page 1 Rev.0 .25.2017 Lighthouse for the Homeless,dba True Worth Place i • Attachments I,II, and III,with supporting documentation including: o Proof of expense: copies of timesheets, invoices, leases, service contracts or other documentation showing that payment is due by Agency. o Proof of payment: cancelled checks, bank statements, or wire transfers necessary to demonstrate that amounts due by Agency were actually paid by Agency. o Proof of client eligibility: Source Documentation sufficient to show that clients participating in the Program are ESG Eligible Clients as described in Section 6. • Complete Documentation shall meet the standards described in the attached EXHIBIT "F"- Standards for Complete Documentation. • Any other document or record reasonably necessary to verify costs spent and client eligibility for the Program. Continuum of Care means the Tarrant Area Continuum of Care. DBE means disadvantaged business enterprise in accordance with 49 CFR Part 26. Director means the Director of the City's Neighborhood Services Department. Effective Date means October 1, 2017. ESG means Emergency Solutions Grant. ESG Eligible Client means an individual or household that meets the definition of"homeless" or "at risk of homelessness" as defined in the Hearth Act and the ESG Regulations. ESG Funds means the ESG grant funds supplied by City to Agency under the terms of this Contract. ESG Regulations means regulations found at 24 CFR Part 576 et seq. HEARTH Act means the Homeless Emergency Assistance and Rapid Transition to Housing Act of 2009,42 U.S.C. 11302 et seq. HMIS means Homeless Management Information System required by HUD for client data collection. HUD means the United States Department of Housing and Urban Development. IDIS means Integrated Disbursement Information System,HUD's project tracking system. Neighborhood Services Department means the City's Neighborhood Services Department. ESG PSA CONTRACT 2017-2018 Page 2 Lighthouse for the Homeless,dba True Worth Place Rev.09.25.2017 OMB means the Office of Management and Budget. Program means the services described in EXHIBIT "A"—Program Summary. Reimbursement Request means all reports and other documentation described in Section 9. Source Documentation means any documentation sufficient to show under ESG Regulations that an individual or household is an ESG Eligible Client. Income documentation may include, but is not limited to, copies of paychecks, Social Security and Disability verification letters, interest or rental income statements, retirement income statements, child support and alimony verification, unemployment benefit letters,or any similar documentation allowed under the definition of annual income in 24 CFR Part 5.609. Unduplicated Clients means a count of ESG Eligible Clients served at least once in the Contract Term. ESG Eligible Clients served more than once in the Contract Term will only be counted the first time they are served when determining the total count of Unduplicated Clients. 3. TERM. The term of this Contract begins on the Effective Date and terminates on September 30, 2018 unless earlier terminated as provided in this Contract. 4. DUTIES AND RESPONSIBILITIES OF CITY. 4.1 Provide ESG Funds. City shall provide up to$95,343 of ESG 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. Monitoring by City will include determining whether Agency is meeting the requirements of the ESG Regulations during the term of this Contract. 5. DUTIES AND RESPONSIBILITIES OF AGENCY. 5.1 Required Services. Agency shall perform the services described in EXHIBIT "A"—Program Summary in accordance with the terms and conditions of this Contract. 5.2 Use of ESG Funds. 5.2.1. Compliance with ESG Regulations and Contract. Agency shall be reimbursed for eligible Program costs with ESG Funds only if City determines in its sole discretion that: 5.2.1.1 Costs are eligible expenditures in accordance with ESG Regulations. ESG PSA CONTRACT 2017-2018 Page 3 Lighthouse for the Homeless,dba True Worth Place Rev.09.25.2017 5.2.1.2 Costs are in compliance with this Contract and are reasonable and consistent with industry norms. 5.2.1.3 Complete Documentation, as applicable, is submitted to City by Agency. 5.2.2 Bud et. 5.2.2.1. The ESG Funds will be paid on a reimbursement basis in accordance with EXHIBIT `B"-Budget. 5.2.2.2 During the term of this Contract, Agency may submit written requests to increase or decrease line-item amounts in the Budget, including an explanation of why such increases or decreases are necessary. All requests shall be approved by Director in writing, with such approval 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 1,2018. Change in Program Budget. 5.2.3.1 Agency will notify City promptly of any additional funds it receives for operation of the Program, and City reserves the right to amend this Contract in such instances to ensure compliance with HUD regulations governing cost allocation. 5.2.3.2 Agency agrees to utilize the ESG Funds to supplement rather than supplant funds otherwise available for the Program. 5.2.4 Payment of ESG Funds to Agency. ESG Funds will be disbursed to Agency upon City's approval of Reimbursement Requests including submission of Complete Documentation to City in compliance with Section 9. If Agency expends all funds budgeted for the Program prior to September 30, 2018, City may hold back a small amount of the ESG Funds until the end of the term. During this interim period,Agency must continue to submit Attachment III — Client Data Report in EXHIBIT "D" — Reimbursement Forms monthly. It is expressly agreed by the Parties that any ESG Funds not spent or not approved for reimbursement to Agency shall remain with City. 5.3 Program Performance Milestones. 5.3.1 Agency represents that the Program will achieve the following milestones in accordance with EXHIBIT "A"—Program Summary and the table below: ESG PSA CONTRACT 2017-2018 Page 4 Lighthouse for the Homeless,dba True Worth Place Rev.09.25.2017 Unduplicated Clients as specified in EXHIBIT "A"—Program Month Expenditures summary_ 3 25% 6 50% - 50% 9 75% 75% 12 100% 1 100% 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 ESG Funds, or to terminate this Contract. 5.3.3 Failure to meet at least 80% of its performance milestones or serve 1,004 Unduplicated Clients under this Contract may, in City's sole discretion, disqualify Agency for consideration under the City's Request for Proposals for the 2018-2019 Program Year for federal grant funds. 5.3.4 Amendments to performance milestones regarding ESG Funds must be approved by the Director in writing, with such approval being in the Director's sole discretion. If Director approves the Agency's proposed amended performance milestones (as approved, the "Amended Performance Milestones"), then the Amended Performance Milestones 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, 2018. Notwithstanding the above, any amendments to this Contract shall not reduce the number of Unduplicated Clients stated in Section 5.3.3 and in EXHIBIT "A" — Program Summary. 5.4 Identify Program Expenses Paid with ESG Funds. Agency will keep accounts and records in such a manner that City may readily identify and account for Program expenses reimbursed with ESG Funds. These records shall be made available to City for audit purposes and shall be retained as required hereunder. 5.5 Match. Agency must match ESG Funds dollar for dollar with other funding sources. Potential sources of match include any sources described at 42 U.S.C. 11375(a). Some common sources include: (i) Agency funding from non-federal sources and eligible federal grants, (ii) volunteer time,which may be valued at$5/hour of time;and(iii)the value or fair rental value of any donated materials or space. The monetary values Agency assigns to all sources of match are subject to review and approval by City. 5.5.1 Prior to October 1,2017, Agency must submit to City a completed Match Report on the form attached hereto as EXHIBIT "H"- Match Report detailing anticipated match sources. ESG PSA CONTRACT 2017-2018 Page 5 Lighthouse for the Homeless,dba True Worth Place Rev.09.25.2017 5.5.2 With each Reimbursement Request, Agency must submit a log of funds expended to date on the form provided in EXHIBIT"H"-Match Report,plus documentation of any match expenditures first reported in that month's Reimbursement Request. 5.5.3 Records regarding match funds must be kept by Agency in accordance with Section 8. 5.5.4 If the expenditure of match funds and ESG Funds is not happening at approximately the same pace on a quarterly basis, then the City shall withhold ESG Funds until match expenditures are substantially the same as ESG Funds reimbursed to date. 5.6 Program Subcontracts. Agency shall not enter into a subcontract with another agency, contractor, or vendor to provide a service to clients for any part of the Program that will be paid with ESG Funds without City's written consent. 6. CLIENT ELIGIBILITY VERIFICATION. 6.1 Client Eligibility. Agency will document the eligibility of all prospective clients. Agency may redact the client's personal information and substitute a client number. Agency may use form attached hereto as EXHIBIT "I"—Staff ESG Certification Form to document the eligibility of all prospective clients that receive direct financial assistance as more particularly described as follows. 6.1.1 Agencies Receiving ESG Funds. 6.1.1.1 Coordination of Services. Agency must participate in the local Continuum of Care and enter data in HMIS. 6.1.1.2 Homelessness Status.Agency must verify that all new clients are ESG Eligible Clients. Acceptable forms of verification include: i. For emergency shelter (shelter services for homeless including childcare for homeless clients): A signed, dated statement from the client stating that the client is homeless,or that the client is homeless by virtue of fleeing domestic violence. ii. For homelessness prevention- financial assistance services: 1. Documentation that the ESG Eligible Client meets the at risk of homelessness definition consistent with 24 CFR Part 576.2 (1-3), 2. Source Documentation that the ESG Eligible Client has an annual income at or below 30% of AMI, ESG PSA CONTRACT 2017-2018 Page 6 Lighthouse for the Homeless,dba True Worth Place Rev.09.25.2017 3. Evidence documenting that the ESG Eligible Client does not have sufficient resources or support networks immediately available to prevent them from moving to an emergency shelter or another place defined in Category 1 of the "homeless"definition under the HEARTH Act, 4. Documentation of eligibility of the housing unit,habitability inspection, lease, rent reasonableness, rental assistance agreement between Agency and landlord, 5. Documentation of client's reasonable prospects of resuming payment of rent or utilities, as applicable, within a reasonable time, 6. Evidence documenting that the ESG Eligible Client is not receiving equivalent or same type of assistance from other homelessness prevention agencies or funding sources,and 7. Documentation supporting the type and amount of assistance provided, including, but not limited to, invoices, past due notices, and/or executed leases, as applicable, and proof of payment by Agency. iii. For rapid re-housing services- financial assistance: 1. Documentation that the individual or household meets the homeless definition in the HEARTH Act and that the client is eligible consistent with the definition of homelessness in 24 CFR Part 576.2,paragraphs 1 and 4, 2. Documentation of eligibility of the housing unit,habitability inspection, lease, rent reasonableness, rental assistance agreement between Agency and landlord, 3. Documentation of client's reasonable prospects of resuming payment of rent and/or utilities, as applicable, within a reasonable time, 4. Evidence documenting that the ESG Eligible Client is not receiving equivalent or same type of assistance from other rapid re-housing agencies or funding sources, and 5. Documentation supporting the type and amount of assistance provided, including, but not limited to, invoices, past due notices, and/or executed leases, as applicable, and proof of payment by the agency. iv. For housing relocation and stabilization services: 1. Documentation that services are provided for ESG Eligible Clients as defined in the HEARTH Act, and 2. Documentation that any staff costs and or relocation/stabilization services directly benefit the ESG ESG PSA CONTRACT 2017-2018 Page 7 Lighthouse for the Homeless,dba True Worth Place Rev.09.25.2017 Eligible Client and are clearly distinguished from the general administration of the Program. 6.1.2 Performance Standards. Agency must verify that the Program is tracking ESG activities and outcomes in accordance with the City's performance standards as described in EXHIBIT "J" - ESG Performance Standards. 6.1.3 Written Standards for ESG Assistance. Agency must verify that the Program is documenting Client Eligibility in accordance with the City's written standards as described in EXHIBIT "J-1" — Written Standards for ESG Assistance. Agency must maintain all records in accordance with Section 8. 6.2 Submission of Complete Documentation. Agency must submit copies of documentation of client eligibility described in Section 6.1 with Attachment III in each month's Reimbursement Request for all Unduplicated Clients. 6.3 Maintain Documentation. Agency must maintain copies of all documentation required by this Section for 5 years following the expiration of the Contract term. This Section shall survive the earlier terminations or expirations of this Contract. 7. ADDITIONAL ESG REQUIREMENTS. Agency agrees to comply with all requirements of the ESG Program as stated in the ESG Regulations, including but not limited to the following: 7.1 Environmental Review. ESG Funds will not be paid, and costs cannot be incurred until City has conducted an environmental review and an Environmental Review Record as required by 24 CFR Part 58. The environmental review may result in a decision to proceed with, modify, or cancel the funding for the Program. Further, Agency will not undertake or commit any funds to physical or choice limiting actions as described in any applicable federal regulations. Any violation of this provision will (i) cause this Contract to terminate immediately; and (ii) require Agency to repay City the ESG Funds it has already received and forfeit any future payments of ESG Funds. 7.2 Contract Not Constituting Commitment of Funds. Notwithstanding any provision of this Contract, the Parties agree and acknowledge that this Contract does not constitute a commitment of funds, and that such commitment of funds or approval may occur only upon(i)satisfactory completion of an environmental review and receipt by City of an authorization to use grant funds from HUD under 24 CFR Part 58, (ii) approval of City's 2017-2018 Action Plan,and(iii)receipt by City of grant agreement from HUD. ESG PSA CONTRACT 2017-2018 Page 8 Lighthouse for the Homeless,dba True Worth Place Rev.09.25.2017 7.3 Monitoring. 7.3.1 Agency understands and agrees that it will be subject to monitoring by City for compliance with terms and provisions of this Contract and the ESG Regulations for the term of this Contract. Agency is subject to such monitoring during the term of this Contract and for 5 years after the Contract term ends. Agency will provide reports and access to Program files as requested by City during this 5 year period. For purposes of this Contract, this 5 year period for monitoring is deemed to begin on October 1,2018 and end on September 30,2023 regardless of whether or not this Contract is earlier terminated. 7.3.2 Representatives of City, HUD, HUD Office of Inspector General, and the United States Comptroller General shall have access during regular business hours, upon 48 hours prior notice, to Agency's offices and records pertaining to the use of the ESG Funds, and to Agency's officers, directors, agents, employees, contractors, subcontractors and vendors for the purpose of such monitoring. 7.3.3 In addition to other provisions of this Contract regarding frequency of monitoring, City reserves the right to perform desk reviews or on-site monitoring of Agency's compliance with the terms and conditions of this Contract. City shall provide Agency with a written report of the monitor's findings after each monitoring visit. If the monitoring report notes deficiencies in Agency's performance, the report shall include requirements for the timely correction of said deficiencies by Agency. Failure by Agency to take the action specified in the monitoring report may be cause for suspension or termination of this Contract as provided herein. 7.3.4 Subsections 7.3.1 through 7.3.3 shall be applicable for the Contract term and for 5 years thereafter and shall survive the earlier termination or expiration of this Contract. 7.3.5 Agency shall provide City annually the results of any state or federal monitoring. Such results shall be submitted within 60 days of receipt of such state or federal monitoring report, or with the January Reimbursement Request,whichever is earlier. 7.4 Agency Procurement Standards. Agency shall comply with all applicable federal, state and local laws, regulations, and ordinances for making procurements under this Contract. In addition to the conflict of interest provisions in Section 14.13.3, Agency shall establish written procurement procedures to ensure that materials and services are obtained in a cost effective manner and that provides for full and open competition. When procuring materials and services for this Contract,Agency shall comply at a minimum with the procurement standards in 2 CFR Part 200.317 through 2 CFR Part 200.326. 7.4.1 Contracts in excess of$10,000.00 made by Agency using ESG Funds must address termination for cause and convenience including the manner by which such termination shall be effected and the basis for settlement of the terminated contract, if any, as required by Appendix I1 (B), 2 CFR Part 200. 7.4.2 Agency shall not make any contract with parties listed on the government wide System for Award Management, www.sam.gov ("SAM"). Agency must confirm by search of SAM that all contractors paid with ESG Funds are not listed by SAM as being debarred,both prior ESG PSA CONTRACT 2017-2018 Page 9 Lighthouse for the Homeless,dba True Worth Place Rev.09.25.2017 to hiring and prior to submitting a Reimbursement Request which includes invoices from any such contractor. Failure to submit such proofs of search shall be an event of default. 7.5 Cost Principles/Cost Reasonableness. Agency shall administer its use of ESG Funds in compliance with 2 CFR Part 200, as applicable. The eligibility of costs incurred for performance rendered shall be determined in accordance with 2 CFR Part 200.400 through 2 CFR Part 200.475. 7.6 Financial Management Standards. Agency agrees to comply with 2 CFR Part 200,as applicable. Agency also agrees to adhere to the accounting principles and procedures required therein,utilize adequate internal controls,and maintain necessary supporting and back-up documentation for all costs incurred in accordance with 2 CFR Part 200.302 and Part 200.303. 7.7 Uniform Administrative Requirements, Cost Principles, and Audit Requirements. Agency will comply with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards in 2 CFR Part 200, as applicable, or any reasonably equivalent procedures and requirements that City may require. 7.8 Terms Applicable to Contractors, Subcontractors and Vendors. Agency understands and agrees that all terms of this Contract, whether regulatory or otherwise, shall apply to any and all contractors, subcontractors and vendors of Agency which are in any way paid with ESG 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 ESG Regulations. Agency shall monitor the services and work performed by its contractors, subcontractors and vendors on a regular basis for compliance with the ESG Regulations and Contract provisions. Agency must cure all violations of the ESG 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 ESG Regulations and Agency is responsible for such compliance regardless of whether actions taken to fulfill the requirements of this Contract are taken by Agency or by Agency's contractors, subcontractors or vendors. Agency acknowledges that the provisions of this Section shall survive the earlier termination or expiration of this Contract and shall be applicable for 5 years after the termination of the 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. ESG PSA CONTRACT 2017-2018 Page 10 Lighthouse for the Homeless,dba True Worth Place Rev.09.25.2017 7.10 Conflict of Interest Disclosure. In accordance with the requirements of Section 14.13.2.1 and 14.13.4, Agency shall establish conflict of interest policies for federal awards. Agency shall disclose to City in writing any potential conflict of interest. 7.11 Compliance with FFATA and Whistleblower Protections. Agency shall comply with the requirements of 2 CFR 300(b), including provisions of the Federal Funding Accountability and Transparency Act ("FFATA") governing requirements on executive compensation and provisions governing whistleblower protections contained in 10 U.S.C.2409,41 U.S.C. 4712, 10 U.S.C. 2324, 41 U.S.C. 4304 and 41 U.S.C. 4310. 7.11.1 Agency shall provide City with its DUNS number. 7.12 Internal Controls. In compliance with the requirements of 2 CFR Part 200.303,Agency shall: 7.12.1 Establish and maintain effective internal control over the ESG Funds that provides reasonable assurance that Agency is managing the ESG Funds in compliance with federal statutes, regulations, and the terms and conditions of this Contract. These internal controls shall be in compliance with guidance in "Standards for Internal Control in the Federal Government" issued by the Comptroller General of the United States or the "Internal Control Integrated Framework" issued by the Committee of Sponsoring Organizations of the Treadway Commission("COSO"); 7.12.2 Comply with federal statutes, regulations, and the terms and conditions of this Contract; 7.12.3 Evaluate and monitor Agency's compliance with statutes,regulations and the terms and conditions of this Contract; 7.12.4 Take prompt action when instances of noncompliance are identified including noncompliance identified in audit findings; and 7.12.5 Agency must have written procedures to safeguard protected personally identifiable information and other information that HUD or City designates as sensitive or Agency considers sensitive consistent with applicable federal, state, local and tribal laws regarding privacy and obligations of confidentiality. 7.13 Confidentiality of Client Information Consistent with the requirements of 24 CFR Part 576.500,Agency shall comply with the City's written standards as described in EXHIBIT "N"—Written Standards for Maintenance of Personally Identifying Information. Furthermore, in compliance with this section,Agency shall develop and implement written procedures to ensure the following: ESG PSA CONTRACT 2017-2018 Page 11 Lighthouse for the Homeless,dba True Worth Place Rev.09.25.2017 7.13.1 Personally Identifying Information All records containing personally identifying information(as defined in HUD's standards for participation, data collection, and reporting in a local HMIS)of any individual or family who applies for and/or receives ESG assistance will be kept secure and confidential. 7.13.2 Victim Information The address or location of any domestic violence, dating violence, sexual assault, or stalking shelter project assisted by ESG funds will not be made public, except with written authorization of the person responsible for the operation of the shelter. 7.13.3 Program Participant Information The address or location of any housing of a client must not be made public, except as provided under a preexisting policy of either City or Agency and consistent with state and local laws regarding privacy and obligations of confidentiality. 8. RECORD KEEPING; REPORTING AND DOCUMENTATION REQUIREMENTS; AUDIT. 8.1 Record Keeping. Agency shall maintain a record-keeping system as part of its performance of this Contract and shall promptly provide City with copies of any document City deems necessary for the effective fulfillment of City's monitoring and evaluation responsibilities. Specifically, Agency will keep or cause to be kept an accurate record of all actions taken and all funds spent, with supporting and back-up documentation. Agency will maintain all records and documentation related to this Contract for 5 years after the Contract term ends. 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, 2018 and end on September 30,2022 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 1,2018 and end on September 30,2023 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. ESG PSA CONTRACT 2017-2018 Page 12 Lighthouse for the Homeless,dba True Worth Place Rev.09.25.2017 8.3.1 Additional Information. Agency shall provide City with additional information as may be required by state or federal agencies to substantiate Program activities and/or expenditure eligibility. 8.4 Change in Reporting Requirements and Forms. City retains the right to change reporting requirements and forms at its discretion. City will notify Agency in writing at least 15 days prior to the effective date of such change, and the Parties shall execute an amendment to the Contract reflecting such change if necessary. 8.5 Audit. 8.5.1 Entities that Expend $750,000 or more in Federal Funds Per Year. All non-federal entities that expend $750,000 or more in federal funds within 1 year, regardless of the source of the federal award, must submit to City an annual audit prepared in accordance with specific reference to 2 CFR Part 200.501 through Part 200.521. The audit shall cover the Agency's fiscal years during which this Contract is in force. The audit must be prepared by an independent certified public accountant, be completed within 6 months following the end of the period being audited and be submitted to City within 30 days of its completion. Agency's audit certification is attached hereto as EXHIBIT "C" — "Audit Certification Form" and "Audit Requirements". The Audit Certification Form must be submitted to City prior to or with the first Reimbursement Request. Entities that expend less than$750,000 a year in federal funds are exempt from federal audit requirements for that year, but records must be available for review or audit by appropriate officials of the federal agency, City, and General Accounting Office. 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 ESG 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, 2018 and end on September 30, 2023 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 ESG FUNDS OR SPENT ESG 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. ESG PSA CONTRACT 2017-2018 Page 13 Lighthouse for the Homeless,dba True Worth Place Rev.09.25.2017 9. REIMBURSEMENT REQUIREMENTS. 9.1 Deadline for Submitting Reimbursement Requests. 9.1.1 Reimbursement Requests shall be submitted monthly to the City and must be received by the City on or before the 15" day of the month following the month expenses were paid by Agency. For example, the Reimbursement Request for June expenses must be received by July 15. In the event the 15th falls on a weekend or City holiday, Reimbursement Requests shall be due the next day that the City is open for business. Failure to submit a Reimbursement Request in a timely fashion will result in City taking the actions outlined in Section 10.1. NOTWITHSTANDING ANYTHING ABOVE,THE REIMBURSEMENT REQUEST FOR EXPENSES INCURRED FOR SEPTEMBER 2018 MUST BE RECEIVED BY OCTOBER 1, 2018. COMPLETE DOCUMENTATION FOR ALL SEPTEMBER 2018 EXPENSES MUST BE SUBMITTED BY OCTOBER 15, 2018. FAILURE TO SUBMIT A FINAL REIMBURSEMENT REQUEST WITH COMPLETE DOCUMENTATION BY OCTOBER 15,2018 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 may be penalized, at City's sole discretion, in the Request for Proposal for the 2018-2019 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 Submission of Reimbursement Requests. Agency shall provide City with Complete Documentation and the following reports as shown in EXHIBIT "D"—Reimbursement Forms with each Reimbursement Request: 9.2.1 Attachment I—Invoice. This report shall contain the amount requested for reimbursement each month, the cumulative reimbursement requested to date (inclusive of that month's request). 9.2.1.1 Agency must submit a separate invoice for each activity type, i.e. Shelter Operations,Homeless Prevention,Rapid Rehousing,and HMIS. 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 ESG-funded time and non-ESG funded time and reflect actual ESG PSA CONTRACT 2017-2018 Page 14 Lighthouse for the Homeless,dba True Worth Place Rev.09.25.2017 time spent on ESG-funded activities. Agency may not submit payroll expenses dated 60 calendar days prior to the date of the Reimbursement Request. 9.2.2.2 For non-payroll expenses, invoices for each expense listed with an explanation as to how the invoiced expense pertains to the Program. Agency may not submit invoices dated 60 calendar days prior to the date of the Reimbursement Request. 9.2.2.3 Proof that each expense was paid by Agency, which proof can be satisfied by canceled checks,wire transfer documentation,paid receipts or other appropriate banking documentation. 9.2.3 Attachment III—Client Data Report. This report shall list each Unduplicated Client served during the month along with his or her demographic information. The Client Data Report must maintain a list of all clients served during the Contract term. If Agency, receives funds from the United States Department of Justice, then Agency is prohibited from submitting the Client Data Report to the City. However, Agency must complete all required forms under this Section 9.2.3 and maintain in client files in accordance with Section 8. In order for this report to be complete the following must be submitted: 9.2.3.1 Documentation of income verification for each Unduplicated Client the first time the client is served, which either will be the completed form attached hereto as EXHIBIT"E"-Form of Income Self Certification or Source Documentation. 9.2.3.2 Agency may use the form attached hereto as EXHIBIT"I"—Staff ESG Certification Form to verify client eligibility as described in Section 6.1. 9.2.4 Delivery of Reimbursement Request. Reimbursement Requests can be mailed or delivered in person to Neighborhood Services Department, 908 Monroe Street, Fort Worth, Texas 76102. In addition, Agency can submit Reimbursement Requests via email to psa@fortworthtexas.gov or to the Agency's designated City contract administrator. 9.2.5 Match Report. This report shall document actual expenditure of match funds, as further described in Section 5.5. ESG PSA CONTRACT 2017-2018 Page 15 Lighthouse for the Homeless,dba True Worth Place Rev.09.25.2017 9.2.6 ESG Ouarterly HMIS Report. Agency shall submit the ESG Quarterly HMIS Report, attached hereto as EXHIBIT "K" — Quarterly Report, with the December, March, June and September Reimbursement Requests to document Agency's participation in the local Continuum of Care's HMIS. A paper copy must be submitted with the Reimbursement Request, and an electronic copy must also be emailed to psa@fortworthtexas.gov or to the Agency's designated City contract administrator. 9.3 Withholding Payment. CITY SHALL HAVE NO OBLIGATION TO PAY 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. 10.1.3 NOTWITHSTANDING THE PROVISIONS OF SECTION 10.1.1 OR 10.1.2, IF AGENCY FAILS TO SUBMIT THE REIMBURSEMENT REQUEST DUE OCTOBER 1, 2018, OR IF THE SUBMITTED REIMBURSEMENT REQUEST FOR OCTOBER 1,2018 IS LATE,INCOMPLETE OR OTHERWISE NOT IN COMPLIANCE WITH THIS CONTRACT OR THE ESG REGULATIONS AS DETERMINED BY CITY IN ITS SOLE DISCRETION, THERE WILL BE NO CURE PERIOD AND ANY REIMBURSEMENT WILL BE FORFEITED. 10.1.4 In the event of(i)an uncured default under Section 10.1.1 or an event of default under 10.1.2 (ii) or 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 ESG 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 ESG Regulations, or during any period during which Agency is in default of this Contract. ESG PSA CONTRACT 2017-2018 Page 16 Lighthouse for the Homeless,dba True Worth Place Rev.09.25.2017 10.1.6 In the event of termination under this Section 10.1, all ESG Funds awarded but unpaid to Agency pursuant to this Contract shall be immediately forfeited and Agency shall have no further right to such funds. 10.2 Failure to Maintain Records or Submit Reports and Documentation. If Agency fails to maintain all records and documentation as required in Section 8,or if the maintained or submitted report or documentation is not in compliance with this Contract or the ESG 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 ESG 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 ESG Funds paid to Agency must be repaid to City within 30 days of termination. If such ESG funds are not repaid to City within the 30 day period, City shall exercise all legal remedies available under this Contract. 10.3 In General. 10.3.1 Subject to Section 10.2, and unless specifically provided otherwise in this Contract,Agency shall be in default under this Contract if Agency breaches any term or condition of this Contract. In the event that such a breach remains uncured after 30 calendar days following written notice by City (or such other notice period as may be specified herein) or, if Agency has diligently and continuously attempted to cure following receipt of such written notice but reasonably requires more than 30 calendar days to cure, as determined by both Parties mutually and in good faith, City shall have the right to elect in City's sole discretion to (i)extend Agency's time to cure, (ii)terminate this Contract effective immediately upon written notice of such intent to Agency, or(iii)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 ESG Funds that have not yet been expended from affected activities to other eligible activities or withhold ESG Funds. ESG PSA CONTRACT 2017-2018 Page 17 Lighthouse for the Homeless,dba True Worth Place Rev.09.25.2017 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 ESG 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 ESG Funds already paid to Agency must be repaid to City within 30 days of the termination. Failure to repay such ESG 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 ESG Funds will be paid to Agency until all defaults are cured to City's satisfaction. 10.5 No Compensation After Date of Termination. Agency shall not receive any compensation for work undertaken after the date of the termination. 10.6 Rights of City Not Affected. Termination shall not affect or terminate any of the existing rights of City against Agency, or which may thereafter accrue because of Agency's default and this provision shall be in addition to any and all other rights and remedies available to City under the law. Such termination does not terminate any provisions of this Contract that have been expressly noted as surviving the term or termination of the Contract. No delay or omission by City in exercising any right or remedy available to it under this Contract shall impair any such right or remedy or constitute a waiver or acquiescence in any Agency default. 10.7 Waiver of Breach Not Waiver of Subsequent Breach. The waiver of a default or breach of any term,covenant,or condition of this Contract shall not operate as a waiver of any subsequent default or breach of the same or any other term,covenant or condition hereof. 10.8 Civil. Criminal and Administrative Penalties. Failure to perform all the Contract terms may result in civil, criminal or administrative penalties, including,but not limited to those set out in this Contract. 10.9 Termination for Cause. 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 ESG 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 ESG Funds already paid to Agency must be repaid to City within 30 days of termination. Failure to repay such ESG Funds within 30 days will result in City exercising all legal remedies available to City under ESG PSA CONTRACT 2017-2018 Page 18 Lighthouse for the Homeless,dba True Worth Place Rev.09.25.2017 this Contract. AGENCY ACKNOWLEDGES AND AGREES THAT IF CITY TERMINATES THIS CONTRACT FOR CAUSE, AGENCY OR ANY AFFILIATES OF AGENCY SHALL NOT BE CONSIDERED FOR ANY OTHER CITY CONTRACT FOR ESG 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 ESG Funds substantially in accordance with this Contract. 10.10 Termination for Convenience. In terminating in accordance with 2 CFR Part 200, Appendix II, this Contract may be terminated in whole or in part only as follows: 10.10.1 By City with the consent of Agency in which case the Parties shall agree upon the termination conditions, including the effective date and in the case of partial termination, the portion to be terminated; or 10.10.2 By Agency upon at least 30 days written notification to City, setting forth the reasons for such termination,the effective date, and in the case of partial termination, the portion to be terminated. In the case of a partial termination,City may terminate the Contract in its entirety if City determines in its sole discretion that the remaining portion of the Contract to be performed or ESG 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 ESG 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 ESG 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 ESG Funds, and any real or personal property owned by Agency that was improved with the ESG Funds shall automatically transfer to City or to such assignee as City may designate. 11. REPAYMENT OF ESG FUNDS. All ESG Funds are subject to repayment in the event the Program does not meet the requirements of this Contract or in the ESG Regulations. If Agency takes any action that results in the City being required to repay all or any portion of the ESG 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 ESG Funds is required of City,Agency agrees City may require that 10% of the ESG Funds be repaid to City as liquidated damages. The Parties agree that City's damages in the event of either repayment to HUD being required or receiving a finding from HUD are uncertain and would be difficult to ascertain and may include an impact on City's ESG grant or other federal grant funds, in addition to the finding by HUD or a required repayment of funds ESG PSA CONTRACT 2017-2018 Page 19 Lighthouse for the Homeless,dba True Worth Place Rev.09.25.2017 to HUD by City. Therefore,the Parties agree that payment under this Section of 10% of the ESG Funds by Agency to City is liquidated damages and not a penalty. 12. CHANGE IN NON-PROFIT STATUS. Agency must provide City with written notification of any changes to its non-profit status within 15 calendar days of being notified of the change. Regardless of notice by Agency, if the non-profit status of Agency changes after the date of this Contract, City may but is not obligated to, terminate this Contract. In the event of termination under this Section 12, all ESG Funds awarded but not yet paid to Agency pursuant to this Contract shall be immediately rescinded and Agency shall have no further right to such funds. City, in its sole discretion, may require that any ESG Funds already paid to Agency must be repaid to City within 30 calendar days of termination under this Section. 13. SURVIVAL. Any provision of this Contract that pertains to auditing, monitoring, client income eligibility, record keeping and reports, City ordinances, or applicable ESG 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, 2018 and end on September 30, 2023 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 ESG PSA CONTRACT 2017-2018 Page 20 Lighthouse for the Homeless,dba True Worth Place Rev.09.25.2017 EMPLOYEES FROM ANY AND ALL CLAIMS OR SUITS PERTAINING TO OR CONNECTED WITH SUCH PROPERTY. 14.5 Religious Organization. Agency shall comply with all applicable requirements as more particularly described in 24 CFR Part 5.109. No portion of the ESG 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 ESG-funded service. 14.5.1. Separation of Explicitly Religious Activities. Agency retains its independence and may continue to carry out its mission, including the definition, development practice, and expression of its religious beliefs, provided that it does not use ESG Funds to support or engage in any explicitly religious activities (including activities that involve overt religious content such as worship,religious instruction,or proselytization),or in any other manner prohibited by law. 14.5.2 Explicitly Religious Activities. If Agency engages in explicitly religious activities (including activities that involve overt religious content such as worship,religious instruction,or proselytization),the explicitly religious activities must be offered separately, in time or location,from the programs or activities supported by ESG Funds and participation must be voluntary for clients of a ESG-funded service. 14.5.3 Required Notices. If Agency constitutes a Faith-based organization under 24 CFR Part 5.109, Agency must provide all clients of a ESG-funded service with the notice attached as EXHIBIT "M"—Notice of Beneficiary Rights. Such notice shall be provided to the client prior to enrollment in any ESG- funded program or activity. In addition, if a client or prospective client of a ESG-funded service objects to the religious character of Agency, then Agency must promptly undertake reasonable efforts to identify and refer the client or prospective client to an alternate provider to which the client or prospective client has no such objection, as more particularly described in 24 CFR Part 5.109. 14.6 Venue. Venue shall lie in Tarrant County,Texas for any action,whether real or asserted, at law or in equity, arising out of the execution, performance, attempted performance or non-performance of this Contract. 14.7 Governing Law. This Contract shall be governed by and construed in accordance with the laws of the State of Texas. If any action, whether real or asserted, at law or in equity, arises out of the execution, performance or non-performance of this Contract or on the basis of any provision herein, for any issue not governed by federal law,the choice of law shall be the laws of the State of Texas. ESG PSA CONTRACT 2017-2018 Page 21 Lighthouse for the Homeless,dba True Worth Place Rev.09.25.2017 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 fully with all applicable laws and regulations that are currently in effect or that are hereafter amended during the performance of this Contract. Those laws include, but are not limited to: ➢ ESG Regulations found in 24 CFR Part 576 ➢ SubtitleB of Title IV of the McKinney-Vento Homeless Assistance Act, as amended, (42 USC 11371) ➢ Title VI of the Civil Rights Act of 1964 (42 U.S.C. Sections 2000d et seq.) including provisions requiring recipients of federal assistance to ensure meaningful access by persons of limited English proficiency ➢ The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. Sections 3601 et seq.) ➢ Executive Orders 11063, 11246 as amended by 11375 and 12086 and as supplemented by Department of Labor regulations 41 CFR Part 60 ➢ The Age Discrimination in Employment Act of 1967 ➢ The Age Discrimination Act of 1975 (42 U.S.C. Sections 6101 et seq.) ➢ The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. Sections 4601 et seq. and 49 CFR Part 24)("URA") ➢ Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. Sections 794 et seq.) and 24 CFR Part 8 where applicable ➢ National Environmental Policy Act of 1969, as amended, 42 U.S.C. Sections 4321 et seq. ("NEPA") and the related authorities listed in 24 CFR Part 58. ➢ The Clean Air Act,as amended,(42 U.S.C. Sections 1251 et seq.)and the Clean Water ESG PSA CONTRACT 2017-2018 Page 22 Lighthouse for the Homeless,dba True Worth Place Rev.09.25.2017 Act of 1977, as amended (33 U.S.C. Sections 1251 et seq.) and the related Executive Order 11738. In no event shall any amount of the assistance provided under this Contract be utilized with respect to a facility that has given rise to a conviction under the Clean Air Act or the Clean Water Act. ➢ Immigration Reform and Control Act of 1986 (8 U.S.C. Sections 1101 et seq.) specifically including the provisions requiring employer verifications of legal status of its employees ➢ The Americans with Disabilities Act of 1990 (42 U.S.C. Sections 12101 et seq.), the Architectural Barriers Act of 1968 as amended (42 U.S.C. Sections 4151 et seq.) and the Uniform Federal Accessibility Standards,24 CFR Part 40,Appendix A ➢ Regulations at 24 CFR Part 87 related to lobbying, including the requirement that certifications and disclosures be obtained from all covered persons ➢ Drug Free Workplace Act of 1988 (41 U.S.C. Sections 701 et seq.) and 24 CFR Part 23, Subpart F ➢ Executive Order 12549 and 24 CFR Part 5.105(c) pertaining to restrictions on participation by ineligible, debarred or suspended persons or entities ➢ Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act ➢ Guidelines of the Environmental Protection Agency at 40 CFR Part 247 ➢ For contracts and subgrants for construction or repair, Copeland "Anti-Kickback" act (18 U.S.C. 874) as supplemented in 29 CFR Part 5 ➢ For construction contracts awarded by Agency in excess of$2,000, and in excess of $2,500 for other contracts which involve the employment of mechanics or laborers, Sections 103 and 107 of the Contract Work Hours and Safety Standards Act(40 U.S.C. 327A 300) as supplemented by 29 CFR Part 5 ➢ Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et seq.), as amended by the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851 et seq.)and implementing regulations at 24 CFR Part 35, subparts A,B,M, and R ➢ Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 CFR Part 200 et seq. ➢ Federal Funding Accountability and Transparency Act of 2006 ("FFATA") (Pub.L. 109-282, as amended by Section 6205(a) of Pub.L. 110-252 and Section 3 of Pub.L. 113-101) ➢ Federal Whistleblower Regulations, as contained in 10 U.S.C. 2409, 41 U.S.C. 4712, 10 U.S.C. 2324, 41 U.S.C. 4304 and 41 U.S.C. 4310. 14.12 14UD Assisted PreTeets--nrE4Emvlovnent and other---Eeenemie Opper-tunitiesi Seetien 3 Rega-iFements: 14.13 Prohibition Against Discrimination. 14.13.1 General Statement. Agency shall comply in the execution, performance or attempted performance of this Contract,with all non-discrimination requirements of 24 CFR Part 5 as modified by 24 CFR Part 576.57(a) 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 ESG PSA CONTRACT 2017-2018 Page 23 Lighthouse for the Homeless,dba True Worth Place Rev.09.25.2017 expression, or transgender, nor will Agency permit its officers, members, agents, employees, or clients to engage in such discrimination. This Contract is made and entered into with reference specifically to Chapter 17, Article III,Division 3 -Employment Practices of the City Code,and Agency hereby covenants and agrees that Agency, its officers, members, agents, employees and contractors, have fully complied with all provisions of same and that no employee, or applicant for employment has been discriminated against under the terms of such ordinances by either or its officers, members, agents, employees or contractors. 14.13.2 No Discrimination in Employment during the Performance of This Contract. During the performance of this Contract Agency agrees to the following provision, and will require that its contractors and subcontractors also comply with such provision by including it in all contracts with its contractors: [Contractor's.Subcontractor's or Vendor's name]will not unlawfully discriminate against any employee or applicants for employment because of race, color, sex,gender,religion,national origin,familial status,disability or perceived disability,sexual orientation,gender identity,gender expression or transgender. [Contractor's,Subcontractor's or Vendor's name l 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 ESG PSA CONTRACT 2017-2018 Page 24 Lighthouse for the Homeless,dba True Worth Place Rev.09.25.2017 for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification,retirement plan or statutory requirement. 14.13.3 Agency's Contractors and the ADA. In accordance with the provisions of the Americans With Disabilities Act of 1990 ("ADA"), Agency warrants that it and any of its contractors will not unlawfully discriminate on the basis of disability in the provision of services to the general public,nor in the availability,terms and/or conditions of employment for applicants for employment with,or employees of,Agency or any of its contractors. AGENCY WARRANTS IT WILL FULLY COMPLY WITH THE ADA'S PROVISIONS AND ANY OTHER APPLICABLE FEDERAL, STATE AND LOCAL LAWS CONCERNING DISABILITY AND WILL DEFEND, INDEMNIFY AND HOLD CITY HARMLESS AGAINST ANY CLAIMS OR ALLEGATIONS ASSERTED BY THIRD PARTIES, CONTRACTORS SUBCONTRACTORS, VENDORS OR AGENTS AGAINST CITY ARISING OUT OF AGENCY'S AND/OR ITS CONTRACTORS', SUBCONTRACTORS', VENDORS' OR AGENTS' OR THEIR RESPECTIVE EMPLOYEES'ALLEGED FAILURE TO COMPLY WITH THE ABOVE-REFERENCED LAWS CONCERNING DISABILITY DISCRIMINATION IN THE PERFORMANCE OF THIS CONTRACT. 14.14. Conflicts of Interest and Violations of Criminal Law. 14.14.1 Agency Safeguards. Agency shall establish safeguards to prohibit its employees,board members, advisors and agents from using positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business or other ties. Agency shall disclose to City any such conflict of interest or potential conflict of interest, immediately upon discovery of such. 14.14.2 General Prohibition Against Conflicts of Interest. No employees, agents, consultants, officers or elected officials or appointed officials of City or of Agency who exercise or have exercised any functions or responsibilities with respect to activities assisted with ESG 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 ESG services, may obtain a financial interest or benefit from a ESG-assisted activity, or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties,during their tenure or for 1 year thereafter.. 14.14.2.1 Agency shall establish conflict of interest policies for federal awards including the ESG Funds and shall disclose in writing potential conflicts of interest to City as authorized by 2 CFR Part 200.112. 14.14.2.2 Agency shall comply with HUD requirements regarding organizational conflicts of interest in provision of shelter, housing, prevention and related services as more particularly described in 24 CFR Part 576.404. ESG PSA CONTRACT 2017-2018 Page 25 Lighthouse for the Homeless,dba True Worth Place Rev.09.25.2017 14.14.3 Conflicts of Interest Involving Procurement. The conflict of interest provisions of 2 CFR Part 200.318 , shall apply in the procurement of property and services by Agency. In all cases not governed by those Sections, the provisions of 24 CFR Part 576.57(d)of the ESG Regulations shall apply. 14.14.3.1 As more particularly described in 2 CFR Part 200.318,Agency shall maintain and submit to City written standards of conduct covering conflicts of interest and governing the performance of its employees engaged in the selection,award,and administration of contracts. No employee, officer, or agent may participate in the selection, award, or administration of a contract supported by a federal award if he or she has a real or apparent conflict of interest. The standards of conduct must provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of Agency. 14.14.3.2 The officers, employees, and agents of Agency shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. 14.14.3.3 Notwithstanding the prohibition contained in Section 14.13.3.2, Agency may set standards of conduct for situations in which the financial interest is not substantial or the gift is an unsolicited item of nominal value. Such standards of conduct must provide for disciplinary actions to be applied for violations of such standards by Agency's officers, employees or agents. 14.14.3.4 Agency shall maintain written standards of conduct covering organizational conflicts of interest. Organizational conflicts of interest means that because of relationships with a parent company, affiliate, or subsidiary organization, Agency is unable or appears to be unable to be impartial in conducting a procurement action involving a related organization. 14.14.3.5 Agency must maintain records sufficient to detail the history of procurement. These records will include, but are not necessarily limited to the following: rationale for the method of procurement, selection of contract type, contractor selection or rejection, and the basis for the contract price. 14.14.4 Disclosure of Conflicts of Interest. In compliance with 2 CFR Part 200.112, Agency is required to timely disclose to City in writing any potential conflict of interest. 14.14.5 Disclosure of Texas Penal Code Violations. Agency affirms that it will adhere to the provisions of the Texas Penal Code which prohibit bribery and gifts to public servants. ESG PSA CONTRACT 2017-2018 Page 26 Lighthouse for the Homeless,dba True Worth Place Rev.09.25.2017 14.14.6 Disclosure of Federal Criminal Law Violations. In compliance with 2 CFR Part 200.113,Agency is required to timely disclose to City all violations of federal criminal law involving fraud, bribery or gratuity violations potentially affecting the Agency. 14.15 Subcontracting with Small and Minority Firms, Women's Business Enterprises and Labor Surplus Areas. 14.15.1 For procurement contracts $50,000.00 or larger that are paid for, in part or in full, with ESG Funds, Agency agrees to abide by City's policy to involve Minority Business Enterprises and Small Business Enterprises and to provide them equal opportunity to compete for contracts for construction,provision of professional services,purchase of equipment and supplies and provision of other services required by City. Agency agrees to incorporate the City's BDE Ordinance, and all amendments or successor policies or ordinances thereto, into all contracts and subcontracts for procurement larger than $50,000.00 or larger that are paid for, in part or in full, with the ESG Funds and will further require all persons or entities with which it so contracts to comply with said ordinance. 14.15.2 It is national policy to award a fair share of contracts to disadvantaged business enterprises ("DBEs"), small business enterprises ("SBEs"), minority business enterprises ("MBEs"),and women's business enterprises("WBEs"). Accordingly, affirmative steps must be taken to assure that DBEs, SBEs, MBEs, and WBEs are utilized when possible as sources of supplies,equipment, construction and services. 14.15.2.1 In order to comply with federal reporting requirements, Agency must submit the form attached hereto as EXHIBIT "L" — MBE Reporting Form for each contract or subcontract with a value of $10,000.00 or more paid or to be paid with the ESG Funds. Agency shall submit this form by the date specified in EXHIBIT "L" — MBE Reporting Form. 14.16 Other Laws. The failure to list any federal, state or City ordinance, law or regulation that is applicable to Agency does not excuse or relieve Agency from the requirements or responsibilities in regard to following the law, nor from the consequences or penalties for Agency's failure to follow the law, if applicable. 14.17 Assignment. Agency shall not assign all or any part of its rights,privileges,or duties under this Contract without the prior written approval of City. Any attempted assignment of same without approval shall be void, and shall constitute a breach of this Contract. 14.18. Right to Inspect Agency Contracts. It is agreed that City has the right to inspect and approve in writing any proposed contracts between Agency and any contractor or vendor engaged in any activity in conjunction with this ESG-funded Program prior to any charges being incurred. ESG PSA CONTRACT 2017-2018 Page 27 Lighthouse for the Homeless,dba True Worth Place Rev.09.25.2017 14.19 Force Majeure If Agency becomes unable, either in whole or part, to fulfill its obligations under this Contract due to acts of God, strikes, lockouts, or other industrial disturbances, acts of public enemies, wars, blockades, insurrections, riots, epidemics, earthquakes, fires, floods, restraints or prohibitions by any court,board,department,commission or agency of the United States or of any 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. 14.20 IMMIGRATION NATIONALITY ACT. City actively supports the Immigration&Nationality Act(INA)which includes provisions addressing employment eligibility,employment verification,and nondiscrimination.Agency shall verify the identity and employment eligibility of all employees who perform work under this Agreement. Agency shall complete the Employment Eligibility Verification Form (I-9), maintain photocopies of all supporting employment eligibility and identity documentation for all employees, and upon request,provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Agency shall establish appropriate procedures and controls so that no services will be performed by any employee who is not legally eligible to perform such services. Agency shall provide City with a certification letter that it has complied with the verification requirements required by this Agreement. Agency shall indemnify City from any penalties or liabilities due to violations of this provision. City shall have the right to immediately terminate this Agreement for violations of this provision by Agency. 15. INDEMNIFICATION AND RELEASE. AGENCY COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND, AT ITS OWN EXPENSE, CITY AND ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE OR NONPERFORMANCE OF THIS CONTRACT AND/OR THE OPERATIONS, ACTIVITIES AND SERVICES OF THE PROGRAM DESCRIBED HEREIN, WHETHER OR NOT CAUSED IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS,AGENTS,SERVANTS,EMPLOYEES,CONTRACTORS OR SUBCONTRACTORS OF CITY; AND AGENCY HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY OF CITY AND ITS OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES FOR ANY AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY,INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KINDS OR CHARACTER, ESG PSA CONTRACT 2017-2018 Page 28 Lighthouse for the Homeless,dba True Worth Place Rev.09.25.2017 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. 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$95,343 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 ESG PSA CONTRACT 2017-2018 Page 29 Lighthouse for the Homeless,dba True Worth Place Rev.09.25.2017 reimburse City for any and all loss of ESG Funds occasioned by such misconduct. To effectuate such reimbursement, such fidelity coverage shall include a rider stating that reimbursement for any loss or losses shall name the City as a Loss Payee. Agency shall furnish to City in a timely manner, but not later than the Effective Date, certificates of insurance as proof that it has secured and paid for policies of commercial insurance as specified herein. If City has not received such certificates by the Effective Date,Agency shall be in default of the Contract and City may, at its option,terminate the Contract. Such insurance shall cover all insurable risks incident to or in connection with the execution,performance,attempted performance or nonperformance of this Contract. Agency shall maintain the following insurance coverage and limits: Commercial General Liability, (y(CGL)Insurance $ 500,000 each occurrence $1,000,000 aggregate limit Non-Profit Organization Liability or Directors & Officers Liability $1,000,000 Each Occurrence $1,000,000 Annual Aggregate Limit Business Automobile Liability Insurance $1,000,000 each accident on a combined single-limit basis, or $ 250,000 Property Damage $ 500,000 Bodily Injury per person per occurrence $2,000,000 Aggregate Insurance policy shall be endorsed to cover"Any Auto",defined as autos owned, hired, and non-owned. Pending availability of the above coverage and at the discretion of City,the policy shall be the primary responding insurance policy versus a personal auto insurance policy if or when in the course of Agency's business as contracted herein. Workers' Compensation Insurance Part A: Statutory Limits Part B: Employer's Liability $100,000 each accident $100,000 disease-each employee $500,000 disease-policy limit Note: Such insurance shall cover employees performing work on any and all projects including but not limited to construction, demolition, and rehabilitation. Agency or its contractors shall maintain coverages, if applicable. In the event the respective contractors do not maintain coverage, Agency shall maintain the coverage on such contractor, if applicable, for each applicable contract. ESG PSA CONTRACT 2017-2018 Page 30 Lighthouse for the Homeless,dba True Worth Place Rev.09.25.2017 Additional Requirements Such insurance amounts shall be revised upward at City's reasonable option and no more frequently than once every 12 months, and Agency shall revise such amounts within 30 days following notice to Contractor of such requirements. Agency will submit to City documentation that it has obtained insurance coverage and has executed bonds as required in this Contract prior to payment of any monies provided hereunder. Where applicable, insurance policies required herein shall be endorsed to include City as an additional insured as its interest may appear. Additional insured parties shall include employees, officers, agents, and volunteers of City. Any failure on part of City to request certificate(s)of insurance shall not be construed as a waiver of such requirement or as a waiver of the insurance requirements themselves. Insurers of Agency's insurance policies shall be licensed to do business in the state of Texas by the Department of Insurance or be otherwise eligible and authorized to do business in the state of Texas. Insurers shall be acceptable to City insofar as their financial strength and solvency and each such company shall have a current minimum A.M. Best Key Rating Guide rating of A-: VII or other equivalent insurance industry standard rating otherwise approved by City. Deductible limits on insurance policies shall not exceed $5,000 per occurrence unless otherwise approved by City. In the event there are any local, federal or other regulatory insurance or bonding requirements for the Program, and such requirements exceed those specified herein,the former shall prevail. Agency shall require its contractors to maintain applicable insurance coverages, limits, and other requirements as those specified herein;and Agency shall require its contractors to provide Agency with certificate(s) of insurance documenting such coverage. Also, Agency shall require its contractors to have City and Agency endorsed as additional insureds(as their interest may appear) on their respective insurance policies. Directors and Officers Liability coverage shall be in force and may be provided on a claims-made basis. This coverage may also be referred to as Management Liability,and shall protect the insured against claims arising out of alleged errors in judgment,breaches of duty and wrongful acts arising out of their organizational duties. Coverage shall protect not only the entity, but all past, present and future directors, officers,trustees, employees, volunteers and committee members. Notwithstanding any provision in this Contract to the contrary, when applicable, Agency shall comply with the requirements of 2 CFR 200.310 and shall, at a minimum, provide the equivalent insurance coverage for real property and equipment acquired or improved with ESG Funds as provided to property owned by Agency. ESG PSA CONTRACT 2017-2018 Page 31 Lighthouse for the Homeless,dba True Worth Place Rev.09.25.2017 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. ESG PSA CONTRACT 2017-2018 Page 32 Lighthouse for the Homeless,dba True Worth Place Rev.09.25.2017 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. Liin City Attorney's Office 200 Texas Street Fort Worth, TX 76102 Telephone: 817-392-7600 Copy to: Neighborhood Services Department 200 Texas Street Fort Worth, TX 76102 Attention: Assistant Director Telephone: 817-392-7540 Copy to: Neighborhood Services Department 200 Texas Street Fort Worth, TX 76102 Attention: Management Analyst Il Telephone: 817-392-7369 Agency: Lighthouse for the Homeless, dba True Worth Place Toby Owen,Executive Director 1513 East Presidio Street Fort Worth, Texas 76102 Telephone: 817-632-7402 ESG PSA CONTRACT 2017-2018 Page 33 Lighthouse for the Homeless,dba True Worth Place Rev.09.25.2017 21. AGENCY HAS LEGAL AUTHORITY TO ENTER INTO CONTRACT. Agency represents that it possesses the legal authority,pursuant to any proper, appropriate and official motion,resolution or action passed or taken,to enter into this Contract and to perform the responsibilities herein required. 22. COUNTERPARTS. This Contract may be executed in multiple counterparts,each of which shall be considered an original, but all of which shall constitute one instrument which may be sufficiently evidenced by one counterpart. 23. PROGRAM INCOME Parties agree that no program income as defined by HUD shall be earned as a result of this contract. [SIGNATURES APPEAR ON NEXT PAGE] ESG PSA CONTRACT 2017-2018 Page 34 Lighthouse for the Homeless,dba True Worth Place Rev.09.25.2017 IN WITNESS WHEREOF the Parties hereto have executed 4 duplicate originals of this Contract in Fort Worth, Tarrant Couj "as. "( OF,c ATT T• G� OF FORT WORTH Ci y Secreta .� rnando Costa,Assistant City Manager M&C: G-1 05 1295 Certifica on No. 2017-2 Date: August 1, 2017jkP� ` 'K ROVED AS TO FORM AND LEGALITY: M'1.00 "�i I�n&L'Q- ige Me ne,Assistant City Attorney CONTRACT COMPLIANCE MANAGER: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements BarbVra Asbury Compliance and Plan n' Manager LIGHTHOUSE FOR THE HOMELESS, DBA TRUE WORTH PLACE By: Toby Owen, Executive Director V ESG PSA CONTRACT 2017-2018 Page 35 Lighthouse for the Homeless,dba True Worth Place Rev.09.25.2017 EXHIBITS: EXHIBIT "A"—Program Summary EXHIBIT "A-1"—2017 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 (NOT APPLICABLE) EXHIBIT "H"—Match Report EXHIBIT "I"—ESG Staff Certification Form EXHIBIT "J" -ESG Performance Standards EXHIBIT "J-1"—Written Standards for ESG Assistance EXHIBIT "K"—ESG Quarterly HMIS Report EXHIBIT "L"—MBE Reporting Form EXHIBIT "M"—Notice of Beneficiary Rights EXHIBIT "N"—Written Standards for Maintenance of Personally Identifying Information ESG PSA CONTRACT 2017-2018 Page 36 Lighthouse for the Homeless,dba True Worth Place Rev.09.25.2017 LIGHTHOUSE FOR THE HOMELESS EXHIBIT "A" DBA TRUE WORTH PLACE True Worth Place PROGRAM SUMMARY PROGRAM SUMMARY (ESG) October 1, 2017 to September 30, 2018 $95,343.00 PERIOD AMOUNT Capitalized terms not defined herein shall have meanings assigned them in the Contract. PROGRAM: The Program provides homeless persons access to daytime emergency shelter services, including basic personal facilities such as showers and laundry. Navigation services are also provided including linking clients to critical services and resources such as public benefits, housing, employment services, health and mental health care and substance abuse. ESG Funds will be used to pay for the salaries,FICA and Health Insurance of Program employees involved with daily operations of the facility. ESG Funds will also pay for a portion of the shelter utility expenses. Agency office and Program services will be provided at 1513 E. Presidio St, Fort Worth, TX 76102, Monday through Sunday, 7:00 a.m.to 3:00. REGULATORY CLASSIFICATION: Service Category(if more than one category, specify amount for each): ESG Emergency Shelter Component Regulatory Citation(s): 24 CFR 576.102 Agency will maintain documentation which verifies that 100% of the clients served are homeless based on current HUD definitions. PROGRAM GOALS: Minimum Number of Fort Worth Clients to be Served: The Program must serve a minimum of 1,255 Unduplicated Clients from Fort Worth as shown by the monthly CAPER reports. ESG PSA CONTRACT 2017-2018—EXHIBIT"A"—PROGRAM SUMMARY Page 1 Lighthouse for the Homeless dba True Worth Place EXHIBIT "A-1" 2017 HUD INCOME LIMITS 2017 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 $15,000 $17,150 $19,300 $21,400 $23,150 $24,850 $26,550 $28,250 50%AMI $25,000 $28,600 $32,150 $35,700 $38,600 $41,450 $44,300 $47,150 80%AMI $40,000 $45,700 $51,400 $57,100 $61,700 $66,250 $70,850 $75,400 *Income limits are published at least annually by HUD. ESG PSA CONTRACT 2017-2018--EXHIBIT"A-1" 2017 HUD INCOME LMTS Page 1 Lighthouse for the Homeless,dba True Worth Place EXHIBIT"B"-BUDGET Account Grant Budget A 11 C Total EMERGENCY SHELTER ESSENTIAL SERVICES Salaries $ 6-S,�_'�r 85 721+.-140.00 $ 784,960.85 FICA $ 4,84 31 4j,,-,1 00 $ 59,506.31 Life/Disability Insurance uv i Health/DentalInsu .nce 1004 $ 11,124.09 5 79,843.00 $ 90,967.09 Unemployment-Stat, 1005 5 %„+f,() $ 2,959.00 Worker's Compensation 1006 S x.1.1 i!. $ 5,143.00 Office Supplies 1007 $ 17,ODU W $ 17,000.00 Food Supplicx 1008 Ir:r.a�:nce 1009 Accounting 1010 $ 2,000.00 $ 2,000.00 ContractLahnr I e2al and 1'roless1011a1 1'eeS ttlty needs copv rei:rrburseJ1 1011 $ 17,000.00 $ 17,000.00 + '(IRmeru ICf11i10IOL'] 1)taf(Dew1opment 1012 S 48,250.00 $ 48,250.00 S111:IAEk01'l,RAI IONS ',tin' rnir $ 35,000.00 $ 35,000.00 $ 66,000.00 $ 66,000.00 lnsuranc,• $ 25,000.00 $ 25,000.00 111111:es 2004 $ 14,855.75 $ 116.325.00 $ 131,180.75 Supplies 2005 $ 95jjo,,w,,i $ 95,000.00 Repairs 2006 Transportation/General Assistance 2007 S 37,000.00 S 37,000.00 SUBTOTAL EMERGENCY SHELTER $ 955,343.00 , 1,.321.624-00 HOUSING RELOCATION AND STAI3II..IZ.ATION PRIA VA,1'I0N utas L i f l•Dhabi lity Insurance 3003 He:at'-.t)cntalInsurance 300«f Unctmpl04 meniJta[C Worker's Compensation 3006 Other() 3007 REHOUSING Salaries 4001 FICA 4002 Life/Disability Insurance 4003 Health/Dental Insurance 4004 Unemployment-State 4005 Worker's Compensation 4006 Other(} 4007 SUBTOTAL HR&S PIZEN EN't Il1S Ii�nlal T5001 L1t;1lt•. 5002 RI:FlOI SIN(, RCntal Sc1 a ri ly Deposits Utility Deposits Utility Payments Moving Costs 6005 Motel/Hotel Vouchers 6006 SUBTOTAL FL'SANCLaL ASSIS'l ANCf: HOMELESS 11 kNAGE]tl•N F'INFORMATION SYSTFII(IINIIN) HMIS Software Costs 7001 SUBTOTAL HMIS BUDGET TOTAL $ 1553,?4.3,041 S 1.321.624,00 S ]A 16.9 6-.1 if FUNDING A:Fort Worth Foundation ESG PSA CONTRACT 2017-2018-EXHIBIT"B"-BUDGET Lighthouse for the Homeless dba True Worth Place Page 1 The following tables were created for the purpose of preparing, negotiating, and determining the cost reasonableness and cost allocation method used by the Agency for the line item budget represented on the first page of this EXHIBIT "B"—Budget. The information reflected in the tables is to be considered part of the terms and conditions of the Contract. Agency must have prior written approval by the City to make changes to any line item in the Budget as outlined in Section 5.2.2 in the Contract. The deadline to make changes to EXHIBIT "B"—Budget is June 1,2018. SALARY DETAIL Est. Percent to Amount to Position Title Annual Salary Grant Grant Lead Client Service Specialist $ 27,040.00 63.9% $ 17,272.24 Client Service Specialist $ 27,040.00 63.9% $ 17,272.24 Client Service Specialist $ 26,000.00 63.9% $ 16,619.65 Client Service Specialist $ 20,800.00 64.2% $ 13,356.72 TOTAL $ 100,880.00 64.0% $ 64,520.85 FRINGE DETAIL Percent of Est. Percent to Amount to Payroll Amount Grant Grant FICA 7.65% $ 59,506.31 8.1% $ 4,842.31 Life/Disability Insurance Health/DentalInsurance $ 90,967.09 12.2% $ 11,124.09 Unemployment-State $ 2,959.00 Worker's Compensation $ 5,143.00 Retirement/ Technology/Staff Development $ 48,250.00 TOTAL 1 $ 206,825.40 1 7.7% $ 15,966.40 SUPPLIES AND SERVICES Est. Percent to Amount to Total Budget Grant Grant Office Supplies $ 17,000.00 Food Supplies TOTAL $ 17,000.00 MISCELLANEOUS Est. Percent to Amount to Total Budget Grant Grant Insurance Accounting $ 2,000.00 Contract Labor(Legal and Professional Fees) $ 17,000.00 Othero TOTAL $ 19,000.00 ESG PSA CONTRACT 2017-2018-EXHIBIT"B"-BUDGET Lighthouse for the Homeless dba True Worth Place Page 2 SHELTER OPERATIONS Est. Percent to Amount to Total Budget Grant Grant Maintenance $ 35,000.00 Security $ 66,000.00 Insurance $ 25,000.00 Utilities $ 131,180.75 11.3% $ 14,855.75 Supplies $ 95,000.00 Repairs Transportation/General Assistance $ 37,000.00 TOTAL 1 $ 389,180.75 1 3.8% $ 1.4,855.75 FINANCIAL ASSISTANCE Est. Percent to Amount to Total Budget Grant Grant Rental Assistance Security Deposits Utility Payments Utility Deposits Moving Costs Motel/Hotel Vouchers TOTAL HMIS Est. Percent to Amount to Total Budget Grant Grant HM IS Software Costs TOTAL ESG PSA CONTRACT 2017-2018-EXHIBIT'B"-BUDGET Lighthouse for the Homeless dba True Worth Place Page 3 EXHIBIT "C" AUDIT CERTIFICATION FORM ESG PSA CONTRACT 2017-2018–EXHIBIT"C"—AUDIT CERTIFICATION FORM 1 Lighthouse for the Homeless,dba True Worth Place AUDIT CERTIFICATION FORM AND AUDIT REQUIREMENTS Agency: Lighthouse for the Homeless,dba True Worth Place Fiscal Year Ending: September 30,2018 ✓❑ During the fiscal year in which funds will be received,we will exceed the federal expenditure threshold of$750,000.We will have our Single Audit or Program Specific Audit completed and will submit the audit report described in 2 CFR Part 200 within 7 months after the end of the audited fiscal year or 30 days within its completion,whichever is the earlier date. ❑ During the fiscal year in which funds will be received,we will not exceed the$750,000 federal expenditure threshold required for a Single Audit or a Program Specific Audit to be performed this fiscal year. (Fill out schedule below) Federal Expenditure Disclosure I UST be tilled out if Single audit or Prograili Audit is NOT re uired. Pass'I1hrou,-li Prognixn Name& Contract Federal Grantor Grantor C'1 DA Ni tuber Nurnber Expenditures I Total Federal Expenditures for this Fiscal year: ,/cam 10/6/17 Signatory and Title Date Failure to submit this or a similar statement or failure to submit a completed single audit package as described in the federally required audit requirements described in 2 CFR Part 200, as applicable,by the required due date may result in suspension of funding and may affect eligibility for future funding. Notwithstanding the above, this certification acknowledges the agency's commitment to meet all other financial reporting, financial statements, and other audit requirements as may be set forth in the Contract. ESG PSA CONTRACT 2017-2018–EXHIBIT"C"—AUDIT CERTIFICATION FORM 2 Lighthouse for the Homeless,dba True Worth Place EXHIBIT "D" REPORTING FORMS ESG PSA CONTRACT 2017-2018—EXHIBIT"D"—REPORTING FORMS Page 1 Lighthouse for the Homeless,dba True Worth Place ATTACHMENT I Invoice Attachment I INVOICE Agency: Address: City, State, Zip: Program: Period of Service: Tax ID No. P.O. No. FID No. Program Amount g This Invoice Cumulative to Date ESG PSA CONTRACT 2017-2018—EXHIBIT"D"—REPORTING FORMS Page 2 Lighthouse for the Homeless,dba True Worth Place ATTACHMENT II Expenditure Worksheet ATTACIO ENT II City of Fort Worth Neighborhood Services Department �a=dis rkshect _ Agencc. Program Only highlighted codes can b,—i)(--ed. Please ruu lik---trodes. *'Des Account ince ' Code(See FgenseL'meRem No. Check IVo. hate P ee, caip lion/Job Titk• Kev to Righl Amounl .Account I PROGRAM PMSONMM 2 Salaries RX)i 3 FICA 1002 4 Ufe/Disability Insurance 1003 5 HealthrDewai Insurance 1004 6 Une loF nxra-State L(C5 7 Worker's C.—rnensation L006 8 Retirerrenl 1007 9 SUPPt3FS AM1DDSFRVTCTS ud4 x',777..777,77 l0 Ul;iac.l'ro•,rai+aSnoal cs 2rsll l l Pa,ia 12 13 flar:•n� 14 Jlilti CF1LANFR7 t6 15 Convari L::; 3001 16 FoaC br..•,—i... .._....._ ._3002 17 Teaching Aids 3003 18 Craft Supplies 3004 19 Field Trip ENpenses 3005 20 Mileage 3006 21 Other() 3q}7 23 FACILFIY AND UMMICS S 24 lele.hcr!e =ora 25 Etaetnc 26 Cas 27 Water and Wastewater 4tM«t 28 Solid Waste Disposal 4AW 29 Rent 40W 30 Cleaning Supplies 4007 31 Others 4008 32 L?.GA I,FINIANCIAI,ANT)IN51FR.ANCF 33 Fideht,Bond or Equi,:alenr. ,Aa 34 Directors and Officers 5002 35 General Corrarercial Liability 5003 36 1 1 1 ane 5004 37 38 OtherO 6001 39 40 41 42 43 44 45 46 48 49 r 58 59 60 Total 50.00 "For Salaries,state employee's title under Description/Job Title.Rent crust identify tenant ESG PSA CONTRACT 2017-2018—EXHIBIT"D"—REPORTING FORMS Page 3 Lighthouse for the Homeless,dba True Worth Place ATTACHMENT III exercise Client Data Report �Tr.�am/cvrm Ll19YI0AiA P00NT M-Y' Wdc ImhYCWm: �..-�.,��d+.r.o,....a...,,.,�.�.m�.Tyw..a..��.�.Ax,.��,y-w.+mow�w.f..,r�.r..•..�r r w���.. ....,.�... .M...,�...y.�v.,...r. ��..w..., l 41 I..t 11+'n I'M Nra.W SF .ro.Wfn.w4, 1 f _11 M.r,M di.�mq Nb+r.W g:mpa�.itietao�� SmtSAt� $� 11Y➢ _ �" 4S � u��.r •adv p.� � r �� � WWo- u rna rugs mors lx .xa ix avfu•.xu uv n .�. .o,.• om w F M a m, as r �� ®' r i n ESG PSA CONTRACT 2017-2018—EXHIBIT"D"—REPORTING FORMS Page 4 Lighthouse for the Homeless,dba True Worth Place EXHIBIT "E" INCOME CERTIFICATION FORMS ESG PSA CONTRACT 2017-2018--EXHIBIT"E"--INCOME CERTIFICATION FORM Lighthouse for the Homeless,dba True Worth Place Page 1 City of Fort Worth CERTIFICATION OF INCOME STATEMENT Applicant Name: Current Address: City and Zip: Household Members and Income Last Name First Name Age Monthly Source of Income Income $$ TOTAL NUMBER OF FAMILY MEMBERS (Include Yourself,Spouse,Children,etc.) Total Gross Annual Household Income: PERSONAL INFORMATION:(Check one in each item. This Information is Required for Federal Reporting Purposes) a. ❑MALE b.❑WHITE ❑BLACK/AFRICAN AMERICAN ❑BLACK/AFRICAN AMERICAN&WHITE ❑FEMALE ❑AMERICAN INDIAN/ALASKAN NATIVE ❑ASIAN ❑AMERICAN INDIAN/ALASKAN NATIVE&WHITE ❑ASIAN&WHITE ❑NATIVE HAWAIIAN/OTHER PACIFIC ISLANDER ❑BALANCE/OTHER ❑AMERICAN INDIAN/ALASKAN NATIVE&BLACK/AFRICAN AMERICAN c. ETHNICITY d. DISABLED e. IS HEAD OF HOUSEHOLD FEMALE? ❑HISPANIC ❑YES ❑YES ❑NON-HISPANIC ❑NO ❑NO Certification: I certify that the information I am providing is true and could be subject to verification at any time by a third party. I also acknowledge that the provision of false information could leave me subject to the penalties of Federal, State and local law. Signature of Applicant Date WARNING: TITLE 18,SECTION 1001 OF THE U.S.CODE STATES THAT A PERSON IS GUILTY OF A FELONY FOR KNOWINGLY AND WILLINGLY MAKING FALSE OR FRAUDULENT STATEMENTS TO ANY DEPARTMENT OF THE UNITED STATES GOVERNMENT. ---------For use by Agency staff only- Household nl -Household Size: Gross Annual Income: Applicable Income Limit: Is Applicant Eligible? Check if Applicant refused to provide demographic information: O Staff Assessment of Demographics: Person Making Determination: Date: NOTE. Address, income amounts and sources for ALL household members are required. Ciudad de Fort Worth ESG PSA CONTRACT 2017-2018--EXHIBIT"E"--INCOME CERTIFICATION FORM Lighthouse for the Homeless,dba True Worth Place Page 2 CERTIFICACION DE DECLARACION DE INGRESOS Nombre del Solicitante: Direcci6n de Actualidad: Telefono: Ciudad y C6digo Postal: Miembros Del Hoizar a Ingresos (]nclu endo el/la Solicitante) Apellido Nombre Edad Ingreso Origen de Ingresos Mensual *TOTAL NUMERO DE MIEM13ROS DEL HOGAR (Incluyase Usted.) Total Anual de Ingresos del hogar: **INFORMAC16N PERSONAL:(Selection uno en Cada articulo. Esta information es requerida por el Gobiemo federal.) a. ❑MASCULINO b.❑BLANCO ❑NEGRO/AFRICANO AMERICANO ❑NEGRO/AFRICANO AMERICANO&BLANCO ❑FEMIMNO ❑INDIO AMERICANO/NATIVO DE ALASKA ❑ASIATICO ❑INDIO AMERICANO/NA nVO DE ALASKA&BLANCO ❑ASIATICO&BLANCO ❑NATIVO HAWAIANO/OTRO DE LAS ISLAS PACIFICAS ❑BALANCE/OTRO ❑INDIO AM ERICANO/NATIVO DE ALASKA&NEGRO/AFRICANO AMERICANO c. ETHNICIDAD d. INCAPACITADO e. LES LA CABEZA DEL HOGAR MUJER? ❑HISPANO ❑SI ❑SI ❑NO-MSPANO ❑NO ❑NO Certificaci6n: Yo certifico que la informaci6n que yo estoy proporcionando es verdadera y puedo ser sujeto a verificaci6n a cualquiera hora por tercera parte. Yo tambien reconozco que la proyisi6n de informaci6n falsa puede dejarme sujeto a penalidades Federales,Estatales,y a ley local. Firma del Solicitante Fecha ADVERTENCIA:TITULO 18,SECCION 1001 DEL CODIGO DE LOS ESTADOS UNIDOS INDICA QUE UNA PERSONA ES CULPABLE DE UN DELITO POR SABER Y VOLUNTARIAMENTE HACER DECLARACIONES FALSOS O FRAUDULENTAS A CUALQUIER DEPARTAMENTO DE GOBIERNO DE LOS ESTADOS UNIDOS. ----- ,---Para use de em leados de la a encia----_--_----_- #De Miembros de Familia: Ingreso Anual: Limite de Ingreso: LEs solicitante elegible? Compruebe si el solicitante se neg6 a dar su informaci6n personal: O Evaluaci6n del empleado sobre informaci6n personal: Persona haciendo la determinaci6n: Fecha: Note: La direcci6n de la casa y los ingresos (y sus origenes) para todos miembros del hogar son requeridos ESG PSA CONTRACT 2017-2018--EXHIBIT"E"--INCOME CERTIFICATION FORM Lighthouse for the Homeless,dba True Worth Place Page 3 EXHIBIT "F" STANDARDS OF DOCUMENTATION ESG PSA CONTRACT 2017-2018--EXHIBIT"F"--STANDARDS OF DOCUMENTATION Page 1 Lighthouse for the Homeless,dba True Worth Place 2017-2018 Documentation Standards for ESG Public Service Contract Expenses Items M Employee Salaries and Benefits-City will only reimburse a percentage of any employee's salary and benefits who work directly with the ESG-funded Program. Percentages will be cost allocated and determined prior to the execution of the ESG Contract Agencies requesting the reimbursement of 100%of any Agency employee will require prior City approval. Agencies must show calculation on how the ESG portion of employee salaries and benefits were calculated consistently with the ESG Contract. If a nployee woi.. on both a ESG eligible and r, eligible programs the City will only reimburse for a reasonable portion of the ployee's salary. Prior to the execution of the ESG Contract,the Agency will priovide the City with a written statement on how eacn employee's time will be allocated. If an employee works 100%of their time directly with the ESG-funded Program,then 100%of the employee's salary may be eligible for reimbursement. Agency must submit a written statement that 100%of the employee's time is spent working directly with the ESG-funded Program. Statements must be signed by a person authorized to sign on behalf of the Agency and will be submitted with the October invoice. Salaries X x• Reimbursement requests must include a timesheet and work log that reflects the hours worked by the employee(s)working directly on the ESG-funded Program. For employees who are paid with multiple funding sources,timesheets must reflect all funding sources. If separate timesheets are kept for each funding source,all such timesheets must be submitted to City. Timesheets must be signed by employee and supervisor. Agency must show a calculation and documentation of how the employee's salary was calculated and invoiced to City. `If employees are paid by direct deposit rather than check,then the agency must submit both the direct deposit payment companys report(such as an ADT report)and a bank statement or check showing payment to the direct deposit company. FICA/Medicare X X X Life Insurance x x x Health r < X If the City pays gross salary,this is already included.If the City pays the employer portion,the Agency must provide proof that the Insurance employee is enrolled in the benefit plan,must show a calculation and documentation of how the invoiced amount was calculated,and Disabi"tyx x must provide documentation showing payment.Invoice and proof of payment are only required with the first reimbursement request and J,nsura,,,ce _ at any time there are changes to amounts,enrollments,disenrollments,etc. Urernplcyment . X nsirance If the City pays Bros,salary,this is already included.If the City pays the employer portion,the Agency must provide proof that the employee is enrolls, -I the benefit plan,must show a calculation and documentation of how the invoiced amount was calculated,and Retirement x x x must pro ' ' itation showing pa- lent.Invoice and proof of payment are only required with the first reimbursement request and at any time there are changes to amoun's enrollments,disenrollments,etc. Materials,Equipment,Goods and Supplies-City will only reimburse for the cost allocated percent or amount spent in support of the ESG-funded Program. Agencies requesting reimbursement forthese items will require prior City approval. Agencies must show calculation on how the ESG portion of these expenses were calculated consistently with the ESG Contract. Office Suppli,s X X Off ce I Equipment X X X X X serial Posta e x'X X Printing X X X Constructior& Building X X X X This category is only available for the REACH Program and Habitat for Humanity. Materials Sport and Recreation X X X E ui ment Cleaning X X X Su lies Teachmq Aids X X X Craft SL::'r•: X X X Fco;1 v X. nis--'--wry Is only available to the Program provided by Meals on Wheels. Rent, Utilities and Maintenance-City will only pay for a portion of these expenses. The portion of these expenses will be determined by the square footage attributable to the ESG-funded Program and shall be cost-allocated in accordance with the amount of space used for the ESG-funded Program. These expenses may only be in support of the ESG-funded Program. The items listed below require prior City approval and the Agency is required to identify any funding source that pays for the portion of the expenses that is not paid with ESG funds. Agencies must show calculation on how the ESG portion of these expenses were calculated consistently with the ESG Contract a hcne XX X X oils. X X Electric X X Solid Waste X X ESG PSA CONTRACT 2017-2018 E*bt"P-STANDARDS FOR COMPLETE DOCUMENTATION 1 Facility This item requires approval by the City prior to the execution of the ESG Contract. Repairs may be categorized as major/minor Maintenance X X X X rehabilitation projects and must be approved through the full HUD Environmetal Review. and Repairs Rent X X X City will pay for a portion of the rent for the Program facility so long as its in proportion to the square footage attributable to the ESG- funded program. 1Nisoattaneaus - ---- -- This item requires prior approval by the City. Prior to the execution of the ESG Contract,the Agency must submit a written statement that lists the contract labor services to be used during the Contract term. Agency will submit a memo related to the procurement of such Contract Labor X X X X X services and will forward any information pertaining to the procurement process to City. This requirement applies to,but is not limited to, services retained for security services,legal,accounting,transportation providers,educational facilitators,custodial services,etc. Agencies may not use the contract services of any City of Fort Worth Department. City-requiredX X City will only pay for a percentage of the City-required insurance so long as it's in proportion to the square footage attributable to the Insurance ESG-funded program. City requires that the agency submit its fee schedule or formula on how the Agency calculates the childcare scholarship amount. The fee schedule/formula should demonstrate a breakout of income levels,and for each income level the schedule should demonstrate Childcare which portion of the expense is to be paid by the family and which portion of the expense is to be reimbursed by the City. A fee Scholarships X X schedule/formula must be submitted to the City prior to the first payment. Agency must submit documentation supporting that the client is income eligible and that the household is being charged in conformance with the fee schedule. If the fee schedule/formula changes at any time during the contract term,the Agency must immediately notify City on the date the new fee schedule/formula takes into effect. 10"Income Agecies that are required to verify and provide proof of household income to determine eligibility,must require that anyone who is over Certifications the age of 18,living in the housohold,submit a$0 Income Certification. 0 an audit is required because federal funds exceed$750,000,then the cost should be split evenly by all grant funding sources. Agency Audit Services X X X X must show calculation on how the ESG portion of the accounting services were calculated. For example,if the ESG grant is 10%of your Agency's budget,then invoice shall not exceed 10%of the overall cost. Agency must show a calculation and documentation of how the invoiced amount was calculated,and must provide documentation showing payment. *Proof of payment effective October 1,2013: payments or Expenses must be documented in the following manner: A)Image of the check AND bank statement showing the check cleared the bank;OR, B)Image of the cancelled check(ex.At end of bank statement);OR, C)Payroll Check Stub,"Advice",or Statement AND Bank Statement indicating payroll;OR, D)For wire or e-transfers:Reclept or statement from payeelvendor OR bank statement. final as of 08282017 DC ESG PSA CONTRACT 2017-2018 E#iibd"F—STANDARDS FOR COMPLETE DOCUMENTATION 1 EXHIBIT "G" SECTION 3 REPORTING FORMS NOT APPLICABLE ESG PSA CONTRACT 2017-2018--EXHIBIT"9'--SECTION 3 REPORTING FORMS Page 1 Lighthouse for the Homeless,dba True Worth Place EXHIBIT "H" MATCH REPORT ESG PSA CONTRACT 2017-2018--EXHIBIT"Fr'—MATCH REPORT 1 Lighthouse for the Homeless,dba True Worth Place CITY OF FORT WORTH NEIGHBORHOOD SERVICES DEPARTMENT EMERGENCY SOLUTIONS GRANT This attachment is designed to document proposed sources and to assess compliance with the required Emergency Shelter Grant(ESG)match portion at 24 CFR 576.51.ESG funds are matched dollar-for-dollar for each program year allocation. City of Fort Worth ESG Funds $ Agency ESG Match $ 1. SOURCES OF LOCAL MATCH: Other Federal (including pass-through funds, e.g.,City CDBG,County FEMA, etc.) MATCH SOURCE MATCH AMOUNT TOTAL MATCH $ 2. STATE/LOCAL GOVERNMENT FUNDING: (e.g., State Housing Trust Funds,Local Assessment,etc.) MATCH SOURCE MATCH AMOUNT TOTAL MATCH $ 3. PRIVATE (including recipient)FUNDING: MATCH SOURCE MATCH$AMOUNT Fund Raising/Cash $ Loans $ Building Value or Lease $ Donated Goods $ ESG PSA CONTRACT 2017-2018--EXHIBIT"H" MATCH REPORT 2 Lighthouse for the Homeless,dba True Worth Place Donated Computers $ New Staff Salaries $ Volunteers($5/hr) $ Volunteer Medical/Legal $ TOTAL MATCH $ Comments: CERTIFICATION: The undersigned, hereby, gives assurance that to the best of my knowledge and belief, the data included in this report is true and accurate,and if submitted by a non-profit agency,has been approved by the governing body of the organization prior to submission.The match funds identified in this report are not included as contribution for any other federally assisted project or program as required by 24 CFR 84.23(a)(2) Date: Submitted by: Phone Number: ESG PSA CONTRACT 2017-2018--EXHIBIT"IT'—MATCH REPORT 3 Lighthouse for the Homeless,dba True Worth Place EXHIBIT "I" ESG STAFF CERTIFICATION FORM ESG PSA CONTRACT 2017-2018—EXHIBIT"I"—ESG STAFF CERTIFICATION FORM Page 1 Lighthouse for the Homeless,dba True Worth Place City of Fort Worth STAFF CERTIFICATION OF ELIGIBILITY FOR ESG FINANCIAL ASSISTANCE Instructions:In order for City to approve reimbursement for any client,agency must submit:(1)client documentation of income(source documentation or self- certification);(2)documentation of homelessness;(3)copy of lease;and(4)this completed form.(1)-(4)must be submitted upon initial reimbursement request for assistance for each client. HOMELESS PREVENTION ONLY:(1)-(4)upon agency request for reimbursement for the 41h month of rent for a client(excluding arrears). 1. General Information Head of Household Name: Age: Names of Other Household Members: Age: Age: Age: Age: Age: Household Income is less than 30%AMI? Yes❑ No❑ N/A(Rapid Rehousing Initial Evaluation Only)❑ Client Lacks Resources/Support Networks? Yes❑ No❑ Type(s)of ESG Financial Assistance: Rent❑ Rent Arrears❑ Utility❑ Deposit(s)❑ Unit Address(must be in City of Fort Worth): 2. Other ESG Requirements Lease in agency file? Yes❑ No❑ Client receives NO other rental subsidy(ie.Housing Choice Voucher)? Yes❑ No❑ Rental Assistance Agreement between landlord and agency in agency file? Yes❑ No❑ Unit Number of Bedrooms: Fair Market Rent(FMR)&Rent Reasonableness: Area FMR Limit(as published by HUD): Unit Rent per lease: Unit meets Habitability Standards? Yes❑ No❑ Date of Inspection: 3. Lead-Safe Housing: Applicable when(1)providing ESG rental assistance for more than 3 months excluding arrears,(2)pre-1978 housing unit,AND .. rld under 6 in household. Not Applicable ❑ Number of Months Rental Assistance Provided(excluding arrears): Year Housing Unit Built: Visual fns cGtuun ,.u.W� � unit and 1'rn 1cEtN �ol'Detcriorated Paint? 1� F No D Name of Visual Assessor*: *For named,agency must have on file a certificate of completion of HUD's Visual Assessment Course(httv://www.hud.pov/of.-,,, xainine/visualassessment/h00100.cfrn) Required certifications:Each person signing below certifies to the following:(1)To the best of my knowledge,the program participant named above meets all requirements to receive assistance under the Emergency Solutions Grant(ESG). (2)To the best of my knowledge and ability,all of the information used in making this eligibility determination is true and complete.(3)I am not related to the program participant through family,business or other personal ties.(4)To the best of my knowledge,neither I nor anyone related to me has received or will receive any financial benefit for this eligibility determination.(5)I understand that fraud is investigated by the Department of Housing and Urban Development,Office of Inspector General,and may be punished under Federal laws to include,but not limited to,18 U.S.C.1001 and 18 U.S.C.641(6) I understand that if any of these certifications is found to be false,I will be subject to criminal,civil and administrative penalties and sanctions. ESG Staff Signature: Date: ESG Supervisor Signature: Date: ESG PSA CONTRACT 2017-2018—EXHIBIT"I"—ESG STAFF CERTIFICATION FORM Page 2 Lighthouse for the Homeless,dba True Worth Place EXHIBIT "J" ESG PERFORMANCE STANDARDS Y'mcrgency Solutions Grant Performance Standards Activity Output/Outcome Data Collection Required Street Number of Persons: Pulled From: Outreach A. Total Unduplicated Served A. CAPER Q6b B. Total Unduplicated Engaged B. CAPER Q9b Of those receiving Case Management, Pulled From: Number of Persons: A. CAPER Q23a A. Those placed in temporary housing destinations B. CAPER Q23a B. Those placed in permanent housing destinations Emergency Number of Persons: Pulled From: Shelter A. Total Unduplicated Served A. CAPER Q6b Operations B. Total Unduplicated Receiving Case Management B. Custom Report Of those receiving Case Management, Pulled From: Number of Persons: A. CAPER Q23a A. Those exiting Emergency Shelter to temporary or B. CAPER 20a permanent housing destinations B. Those who have more non-cash benefits at exit than at entry Homeless Number of Persons: Pulled From: Prevention A. Total Unduplicated Served A. CAPER Q6b Of those receiving Case Management, Pulled From: Number of Persons: A. CAPER Q23b A. Those able to maintain housing at exit B. CAPER Q20a B. Those who have more non-cash benefits at exit than at entry Rapid Re- Number of persons: Pulled From: Housing A. Total Unduplicated Served A. CAPER Q6b Of those receiving Case Management, Pulled From: Number of Persons: A. CAPER Q23a A. Those who exited to or maintained permanent housing B. CAPER Q20a at exit C. Custom Report B. Those who have more non-cash benefits at exit than at entry C. Those who have more case income at exit than at entry Coordinated A. 100% of Rapid Re-Housing enrollments come from Pulled From: Entry Coordinated Entry System Coordinated Entry System: B. 90% of Coordinated Entry System referrals must be System Reporting Proposed accepted by housing providers Metrics under Future C. The average length of time between referral to lease up development Measure is less than 60 days ESG PSA CONTRACT 2017-2018--EXHIBIT"J"—ESG PERFORMANCE STANDARDS 1 Lighthouse for the Homeless,dba True Worth Place In order to successfully record performance outcomes, the CoC system requires that once a household is enrolled in an ESG program,non-domestic violence agencies must complete an initial HUD Intake Assessment within the HMIS system(ETO),the HUD Mid-Program Assessment,and the HUD Exit Assessment upon program exit.Performance outcomes will be reported to the City using the HMIS generated ESG reports. Domestic Violence Organizations will provide the same data utilizing their similar data systems. Reassessments are required for program participants receiving homelessness prevention assistance and rapid re-housing assistance. Participants receiving homeless prevention must be reassessed quarterly; rapid re-housing participants must be reassessed at least yearly. All participants must receive an exit assessment and enter it into HMIS or a comparable-level database. ESG PSA CONTRACT 2017-2018--EXHIBIT"J"—ESG PERFORMANCE STANDARDS 2 Lighthouse for the Homeless,dba True Worth Place EXHIBIT "J-1" Written Standards for ESG Assistance Individuals and families eligibility. Households receiving either emergency shelter or rapid re-housing assistance must meet HUD's revised definition of homelessness. Households receiving homelessness prevention assistance must meet the definition of"at risk of homelessness",have incomes at or below 30% AMI, and lack sufficient resources and support networks to retain housing. Eligible ESG-assisted individuals and households must reside in the City of Fort Worth. Individuals receiving rapid re-housing assistance must be housed to a unit located in the City of Fort Worth. Agencies will conduct initial evaluation of clients to determine program eligibility, and kind of assistance needed. Agencies will re- evaluate quarterly the assistance provided to homelessness prevention recipients, and yearly, to rapid re- housing clients. Re-evaluation will ascertain that: i) annual incomes do not exceed 30% AMI; ii) clients lack resources and support networks to retain housing without ESG assistance. Annual incomes are established per 24 CFR 5.609. All clients must receive an exit assessment that will then be entered into HMIS or comparable database. Coordination among emergency shelter,homelessness prevention,rapid re-housing,and other homeless assistance and housing providers To receive ESG funds, an agency has to be an active member of the Continuum of Care (CoQ. The CoC leads the coordination among agencies to assist the homeless and prevent homelessness. It also engages and coordinates resources to improve current programs and funding strategies. Determining and prioritizing homelessness prevention and rapid re-housing assistance.Rapid re-housing and homelessness prevention providers will determine prioritization among eligible clients. This should be based on a risk assessment. Prioritization should take into account: 1) families with children, and elderly and disabled persons who do not require permanent supportive housing;and 2)the share of rent and utilities costs that each client must pay, if any, while receiving homelessness prevention or rapid re-housing assistance. The City recommends that clients share in rent and utility costs, unless there are reasons for receiving 100%ESG-assistance. Duration of rental assistance. Per§576.103 and§576.104,agencies shall provide clients for no more than 24 months, during any 3-year period with short-term rental assistance, medium-term rental assistance, payment of rental arrears, or any combination thereof. Short-term rental assistance is limited to 3 months. Medium-term rental assistance extends over 3 months but not more than 24 months. Payment of rental arrears consists of a one-time payment for up to 6 months of rent in arrears,including any late fees on those arrears. Type,amount,and duration of housing stabilization and/or relocation assistance. Agencies will establish standards for the type, amount, and duration of housing stabilization and/or relocation services provided, acknowledging that services may not extend for more than 24 months within a 3-year period. Housing relocation and stabilization services include financial assistance (moving costs, rental application fees, security deposits,last month's rent,utility deposits and utility payments),and services(housing search and placement, housing stability and case management, mediation, legal services, and credit repair.) The amount and type of assistance provided shall aim at clients becoming self-sufficient. The City shall have access to documentation that supports the amount and type of assistance provided. ESG PSA CONTRACT 2017-2018—EXHIBIT"J-1"—Written Standards for ESG Assistance 1 Lighthouse for the Homeless,dba True Worth Place EXHIBIT "K" ESG QUARTERLY HMIS REPORT ESG PSA CONTRACT 2017-2018--EXHIBIT"IC'—ESG QUARTERLY FMS REPORT Page 1 Lighthouse for the Homeless,dba True Worth Place City of Fort Worth Emergency Solutions Grant(ESG) Quarterly HMIS Report Agency Name: Reporting Period: From Contact Person: To This report is meant to collect data that is required for the HUD Consolidated Annual Performance and Evaluation Report (CAPER). This report is due each quarter, on January 15,April 15,July 15 and September 30 of each Contract year Please fill out the report according to your Agency's accomplishments. If a particular activity does not apply to your Agency (for example, a shelter does not perform homeless prevention) please fill in all zeros for that particular column. This information should be collected from HMIS and the total number of persons should match comparable figures on the City's Attachment III Report. If this report does not match the City's Attachment III Report, the Agency may be required to resubmit the report w7d provide an explanation for the discrepancy. Total Persons Served Total Persons Total Persons Homelessness Rapid Re- Emergency Served This Served Prevention Housing Shelters Quarter (Cumulative) Special Populations Served-All Activities Veterans Victims of Domestic Violence Elder) HIV/AIDS ChroniGally Homeless Persons with Disabilities Severely Mentally III Chronic Substance Abuse (Drug, Alcohol Other Disabilities(Physical, Developmental) Total Number of Persons in Household Ad u Its Children Don't Know/Refused/Other Missing Information Total Gender-All Activities Male Female Trans ender Don't Know/Refused/Other ,Missing Information Prepared by: D.C.and C.A. Updated:2/11/2015 Page 1 of 2 Total Persons Served Total Persons Total Persons Homelessness Rapid Re- Emergency Served This Served Prevention Housing Shelters Quarter (Cumulative) Total Age-All Activities Under 18 18-24 25 and over Don't Know/Refused/Other Missing Information Total Shelter Utilization Number of New Units- Rehabilitation Number of New Units-Conversion Total Number of Bed-Nights Available* Total Number of Bed-Nights Provided" Performance Standards Received Case Management Exited to transitional or permanent housing With higher cash income at exit With non-cash benefits at exit Exited to or maintained permanent housing at exit Did not enter CoC Shelter or Transitional Housing during remainder of ESG year *The total number of beds that are available in a year. For example, if they are all year-round beds, it would be 365 multiplied by the number of emergency shelter beds;if some are seasonal as well(e.g.,only winter)then add in the number of nights each bed is available. Count all emergency shelter beds,whether or not they are ESG-funded. **The number of beds that were filled each night. Count all emergency shelter beds,whether or not they are ESG-funded. Prepared by: D.C.and C.A. Updated: 8/31/2015 Page 2 of 2 EXHIBIT "EU" MBE REPORTING FORM ESG PSA CONTRACT 2017-2018--EXHIBIT"L"--MBE REPORTING FORM Page 1 Lighthouse for the Homeless,dba True Worth Place Contract and Subcontract Activity U.S.Department of Housing and Urban Development OMB Approval N.-2577-0088 OMR Approval No.:2502-0355 Pub-rr n-o,Durum tin mis collection of information is estimated to average.5 hours per response,including the time for reviewing instructions,searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of information The Information is voluntary.HUD may nee collect this information,and you are not required to complete this form,unless it displays a currently valid OMR Control Number. Executive Orders dated July 14,1983,directs the Minority Business Development Plans shall be developed by each Federal Agency and the Nese annual plans shall establish minority business development objectives,The information is used by HUD to monitor and evaluate MBE activities against the totul program activity and the designated minority business enterprise(MBE)goals.The Departmem requires the information to provide guidance and oversight for programs for the development of minority business enterprise conoeming Minority Business Development.If the information is not collected HUD would not be able to establish meaningful MBE goals nor evaluate MBE performance against these goals. Privacy Act Notice=The United States Department of Housing and Urban Development,Pederal Housing Administration,is authorized to solicit the Information requested in this form by virtue of Title 12,United States Code,Section 1701 et seq.,and regulation It will not be disclosed or ,.lewd outside the United Staten Department of Housing and Urban Development without your consem,except as required w permitted by Isw. L Genre./jeer OwneM—Iopen/Sponsor/Builder/Agenry 2.Location Cheek if (City,State Zip Code) PH IH CPD Houson 3a Nmrc of['untur Perron 3b Pbnrc Number(including Arm Cede) 4.Reporting Period 5.Pmgrem Cod<(Not eppaceble for CPD prograw.l ❑ e.Deft Submitted ro F- r Omen Sx cxplmmaon oCodeeY 1111 er Page11 e Oct.1-S t 30 Annual-Fly s sorr m—for each program cede. Covusa f VPmject Number or HUD Subcourmmr Cax Numbv or othrr A..-.f TypeofTrade Ron.— Sub— Contractorsubcontractor Name and Address .L-d'-d'-d.ofpropem' Coaaactor Code R oulEdud. Woomo Owned Bwineu Prime ConuacmrldewJwaoian(ro) Ideat9Eatio.(ED) 7j, mbdlvaiom dwelfmg our,e¢. Suhcommct (Seebebw) (See below) (V.or No) Number Number S-3 7c. 7d, 7, 7f. 7 76 7i. Name Sven City State Zi 7c Type of Trade Codn: 7d:Racial/Ethnic Codes: 5:Program Codes(Complete for Howivg and Public and India.Housing programs only): CTD: Rowlne/Public Heud.B: I-White An.— 1-AR huored,including Satiun8 5-Section 202 1-New Comawaon 1-New Conehu<tion 6-Profw wl 2-Bleck Americenr 2- dbl Su6r(dy 6-H Ur,.ew(Mevg—) 2=Fduwtiowronning 2-Subrunrul Rclub. 7-T—iServi<u 3-Niavc Amuiuu 3-Swtun 8 Nookonead,No HFDA 7-Publiellvdie Howing 3=Oder 3-Repair 8-F.av mmg 4-Hwwi.Ameiwa —In ao.d(Mooa coewo 11-Sectioned 4-9ervee 9-AreM1lRvga Apgxavel 5-mooVPM:IfIC Americenr S-Pmizt MaM. 0-()ggy a-H idkJ— P—oa edwom oe obaebte. form RUD-2516(&198) EXHIBIT "M" NOTICE OF BENEFICIARY RIGHTS ESG PSA CONTRACT 2017-2018--EXHIBIT"M" - NOTICE OF BENEFICIARY RIGHTS Page 1 Lighthouse for the Homeless,dba True Worth Place Notice of Beneficiary Rights Name of Agency: Lighthouse for the Homeless, dba True Worth Place Name of Program: True Worth Place Contact information for Program Staff(name,phone number, and e-mail address, if appropriate): Because this program is supported in whole or in part by direct Federal financial assistance from the Federal Government,we are required to let you know that: • We may not discriminate against you on the basis of religion,religious belief,a refusal to hold a religious belief, or a refusal to attend or participate in a religious practice; • We may not require you to attend or participate in any explicitly religious activities that are offered by us and any participation by you in these activities must be purely voluntary; •We must separate, in time or location, any privately funded explicitly religious activities from activities supported by direct Federal financial assistance; • If you object to the religious character of our organization,we must make reasonable efforts to identify and refer you to an alternative provider to which you have no such objection; and • You may report an organization's violations of these protections, including any denial of services or benefits,by contacting or filing a written complaint to HUD [or the intermediary, if applicable]. We must give you this written notice before you enroll in our program or activity, as required by 24 CFR 5.109. ESG PSA CONTRACT 2017-2018--EXHIBIT'M'—NOTICE OF BENEFICIARY RIGHTS Page 2 Lighthouse for the Homeless,dba True Worth Place EXHIBIT "N" WRITTEN STANDARDS FOR MAINTENANCE OF PERSONALLY IDENTIFYING INFORMATION ESG PSA CONTRACT 2017-2018--EXHIBIT"N'—WRITTEN STANDARDS FOR MAINTENANCE OF PERSONALLY IDENTIFYING INFORMATION Page 1 Lighthouse for the Homeless,dba True Worth Place City of Fort Worth Written Standards for Maintenance of Personally Identifying Information Personally identifying information. Households receiving assistance under ESG must have reasonable assurance of confidentiality. All client records, including name, household members, date of birth, Social Security number, Driver's License Number, and any other identifying information of any individual or family who applies for and/or receives ESG assistance will be kept secure and confidential. This includes maintaining client records in a safe,locked file cabinet, filing area, or office that is not accessible to the general public and with access that is limited to staff persons providing direct services to the client(s). Domestic Violence Shelter Locations. The address or location of any domestic violence, dating violence, sexual assault, or stalking shelter with ESG funds will not be published, disclosed or made public, except with written authorization of the person responsible for the operation of the shelter. Domestic Violence Shelter Participants. The address or location of any housing of a program participant will not be published, disclosed or made public to any individual not providing direct services to the participant,except as provided under a preexisting privacy policy of the agency and consistent with state and local laws regarding privacy and obligations of confidentiality. Federal/Local Government Rights. City, HUD, the HUD Office of Inspector General, and the Comptroller General of the United States,or any of their authorized representatives,must have the right of access to all books,documents,papers, or other records of the agency that are pertinent to the ESG grant, in order to make audits, examinations, excerpts, and transcripts. These rights of access are not limited to the required retention period but last as long as the records are retained. Public Rights. Citizens,public agencies,and other interested parties must have reasonable access (consistent with state and local laws regarding privacy and obligations of confidentiality and the confidentiality requirements in this part) to records regarding any uses of ESG funds the agency received during the preceding 5 years. Reports. The agency must collect and report data on its use of ESG funds in the Homeless Management Information System(HMIS) Compliance. Agency must incorporate into its policies and procedures a process that will ensure the confidentiality of program participants' identifying information; records pertaining to any individual or family provided family violence prevention; and treatment services offered under any project assisted with ESG funds. Agency Notification. Agency is provided the requirements for maintaining client confidentiality via (a) annual Technical Assistance Training provided by City of Fort Worth Neighborhood Services Department staff, (b) Individual Agency Technical Assistance visits (as scheduled), and (c) annual monitoring visit conducted by City of Fort Worth Neighborhood Services Compliance &Planning Division staff. Open Records Request. City staff required to comply with open records requests will receive the requirements for maintaining client confidentiality and comply in accordance with HUD regulations. ESG PSA CONTRACT 2017-2018--EXHIBIT"N"—WRITTEN STANDARDS FOR MAINTENANCE OF PERSONALLY IDENTIFYING INFORMATION Page 2 Lighthouse for the Homeless,dba True Worth Place M&C Revievv Page 1 of 6 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA F0�H COUNCIL ACTION: Approved on 8/1/2017 -Ordinance No. 22814-08-2017 DATE: 8/1/2017 REFERENCE G-19056 LOG NAME: 19NS HUDACTIONPLANPY2017- NO.: 2018 CODE: G TYPE: NOW PUBLIC YES CONSENT HEARING: SUBJECT: Conduct Public Hearing and Approve the City's 2017-2018 Action Plan for the Use of Federal Grant Funds in the Amount of$10,778,461.00 to be Awarded by the United States Department of Housing and Urban Development from the Community Development Block Grant, HOME Investment Partnerships Program, Emergency Solutions Grant and Housing Opportunities for Persons with AIDS Grant Programs, Authorize Collection and Use of Program Income, Authorize Waiver of Application of Indirect Cost Rates, Authorize Execution of Related Contracts and Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council: 1. Conduct a public hearing to allow citizen input and consideration of the City's 2017-2018 Action Plan for use of federal grant funds to be awarded by the United States Department of Housing and Urban Development in the amount of$10,778,461.00 from the Community Development Block Grant, HOME Investment Partnerships Program, Emergency Solutions Grant, and Housing Opportunities for Person with AIDS grant programs, and for the use of program income from activities using prior years'federal grant funds; 2. Approve the City's 2017-2018 Action Plan for submission to HUD, including allocations of grant funds to particular programs and activities as detailed below; 3. Authorize the collection and use of an estimated $150,000.00 of program income which resulted from activities using prior years' Community Development Block Grant funds, for the City's Priority Repair Program; 4. Authorize the collection and use of an estimated $300,000.00 of program income which resulted from activities using prior years' HOME Investment Partnerships Program funds, for the completion of the Hardy Street and HFC Terrell Single Family Infill housing development projects and 10 percent for administrative costs as detailed below; 5. Authorize the City Manager or his designee to execute contracts for one year terms with the agencies listed in Tables 1, 2 and 3 below, for Program Year 2017-2018 for Community Development Block Grant, Emergency Solutions Grant, and Housing Opportunities for Person with AIDS grant funds, contingent upon receipt of funding and satisfactory completion of an Environmental Review and all regulatory requirements; 6. Authorize the City Manager or his designee to extend the contracts for up to one year if an agency or department requests an extension and such extension is necessary for completion of the program or to amend the contracts if necessary to achieve program goals provided any amendment is within the scope of the program and in compliance with City policies and all applicable laws and regulations governing the use of federal grant funds; httrr//anns_cfwnet nra/mimcil nacket/mc 1 1 A 5/7(117 M&C Review Page 2 of 6 7. Authorize a waiver of indirect cost rates as applicable for the Grants Fund in accordance with the City's Administrative Regulations; and 8. Adopt the attached appropriation ordinance increasing the estimated receipts and appropriations to the Grants Fund in the total amount of$10,778,461.00 consisting of$6,526,863.00 in Community Development Block Grant funds, $2,047,626.00 in HOME Investment Partnerships Program funds, $577,437.00 in Emergency Solutions Grant funds, and $1,176,535.00 in Housing Opportunities for Person with AIDS grant funds, plus any program income, all subject to receipt of such funds. DISCUSSION: The City's 2017-2018 Action Plan summarizes the major housing and community development activities and proposed expenditures for the program year beginning October 1, 2017 and ending September 30, 2018 for use of federal grant funds totaling $10,778,461.00 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 Persons with AIDS (HOPWA) grant programs. It also summarizes the use of program income resulting from activities using prior years' CDBG and HOME funds, the primary purpose of which is to benefit low and moderate income City of Fort Worth residents. ESG funds primarily benefit homeless persons, and HOPWA funds primarily benefit low and moderate income persons with HIV/AIDS. Staff developed initial recommendations for the allocation of the estimated funding from HUD based on prior years'funding levels. A public hearing was held on April 19, 2017 to provide citizens the opportunity to participate in the development of the Action Plan. The Staff recommendations for award amounts were presented to the Housing and Neighborhood Services Committee on May 6, 2017 and were adopted by the Community Development Council (CDC) on May 10, 2017. Following the publication of final funding amounts for FY2017-18 from HUD on June 14, 2017, Staff recommendations were updated to reflect the actual grant amounts and these revised recommendations were forwarded to the CDC and presented to the City Council through an Informal Report at the City Council Work Session on June 20, 2017. Notice of a 30 day public comment period from June 30, 2017 to July 31, 2017 was published in the Fort Worth Star-Telegram on June 25, 2017, in La Estrella on June 27, 2017, and in La Vida News: The Black Voice on June 29, 2017. Any comments received are maintained by the Neighborhood Services Department in accordance with federal regulations. The City must hold two public hearings as part of the HUD-required citizen participation process. The first public hearing is scheduled to be held by City Staff on July 19, 2017, and the second public hearing is scheduled for August 1, 2017 at the City Council meeting. A summary of Staffs final funding recommendations is provided below and in Tables 1, 2 and 3. Additionally, a spreadsheet of all specific funding recommendations is attached. The 2017-2018 Annual Action Plan must be submitted to HUD by August 15, 2017. A waiver of indirect costs is being requested to maximize program benefits. The CDBG program provides for 23 full-time positions with estimated salaries of$1.3 million. Addition of indirect costs would result in reduction in Staff and services. The indirect costs that are being asked to be waived are estimated to be $215,386.00. CDBG For Program Year 2017-2018, it is recommended that the amount of$6,526,863.00 in CDBG funds, and an estimated amount of$150,000.00 in CDBG program income totaling $6,676,863.00 be allocated as follows: Public Services -$979,029.00 httn://anns_cfwnet_nrg/cnuncil nacketlme review_acn?TT)=24909Rcnnne.ilrlate.=R/1/2(117 11/150017 M&C Review Page 3 of 6 This item includes social services for low to moderate income, disabled and disadvantaged populations. Housing Program Services -$2,922,228.00 This item includes funding for the City's Priority Repair Program, Cowtown Brush-Up, homebuyer and housing services, accessibility modifications to the homes of senior and/or disabled individuals, the Lead Hazard Reduction Demonstration Grant Match, and related project delivery costs for these programs. Infrastructure Projects & Public Facilities -$579,255.00 This item includes funding for the Worth Heights Community Center Americans with Disability Act Improvements. CDBG Economic Development-$740,979.00 This item is the City's annual payment of its Section 108 loan from HUD. The Section 108 Program is a loan guarantee program which enables CDBG grantees to borrow up to five times the annual entitlement grant. CDBG Estimated Program Income -$150,000.00 This item includes funding for the City's Priority Repair Program. CDBG program income that is received which is over the estimated amount but not used for the City's Priority Repair Program will be allocated to priority activities in the City's Consolidated Plan subject to City Council approval. CDBG General Administration -$1,305,372.00 This item includes costs for administering the CDBG grant including allocations for Financial Management Services and Planning and Development Departments. HOME For Program Year 2017-2018, it is recommended that the amount of$2,047,626.00 in HOME funds, and an estimated amount of$300,000.00 in HOME program income totaling $2,347,626.00 be allocated as follows: Homebuyers Assistance Program (HAP) -$700,000.00 This item includes funding for down payment and/or closing cost assistance to low and moderate income homebuyers. Community Development Housing Organizations (CHDO) Set Aside - $307,144.00 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 by Housing Channel (formerly Tarrant County Housing Partnership), a CHDO, for the Riverside Single Family Infill Development(COUNCIL DISTRICT 8). The houses will be sold to homebuyers making at or below 80 percent of the area median income as set by HUD. Rental Housing Development—$835,720.00 This item represents gap financing for a portion of the costs of developing Columbia Renaissance Square, Phase ll, an affordable multifamily senior development(COUNCIL DISTRICT 8). httD://anns.cfwnet.org/council nacket/mc review-asn?TTS=2490Qk..cnnnci1tinte=R/1/2(117 11 A IS/9017 M&C Review Page 4 of 6 HOME General Administration—$204,762.00 This item includes costs for administering the HOME grant. HOME Estimated Program Income -$300,000.00 This item represents gap financing for the Columbia Renaissance Square, Phase II multifamily senior development. HOME program income that is received which is over the estimated amount but not used for the Columbia Renaissance Square, Phase 11 project will be allocated to the Riverside Single Family Infill development, or to priority activities in the City's Consolidated Plan subject to Council approval. HUD allows the City to take 10 percent of any HOME program income to be used for the costs for administering the HOME grant. HOPWA For Program Year 2017-2018, it is recommended that the amount of$1,176,535.00 in HOPWA funds be allocated as follows: Non-Profit Service Providers -$1,141,239.00 HOPWA Program Administration—$35,296.00 ESG For Program Year 2017-2018, it is recommended that the amount of$577,437.00 in ESG funds be allocated as follows: Non-Profit Service Providers -$534,130.00 ESG Program Administration —$43,307.00 CONTRACT RECOMMENDATIONS The CDC and Staff recommend that contracts be executed with the listed agencies for the amounts shown in the following tables: Community Development Block Grant Contracts: Table 1 CDBG Agencies Organization Program Amount ;,R Christian Learning Center Child Care Services $ 76,350 00 Catholic Charities Diocese of Fort Employment/Job Training $ 101,800.00 North, In GirPs Inc. of iar(ant Courity Mouth Services S 11 1 98C.00 Goodwill Industries of Fort Worth, Employment/Job Training S 76.35C.00 } Inc. Housing Channel Housing Counseling S 8,088.00 Services The Ladder Alliance Employment/Job Q ra:mng S 00 Meals on Wheels, Inc. of Greater General & Special Needs S 76,350.00 Tarrant Count httn://anns.cfwnet_org/enuncil nacket/mc review_acn?TT)=249OOk..crnmr.ilriate.=R/1/2017 11/115/9017 M&C Review Page 5 of 6 Presbyterian Night Shelter of Public Service Special $ 144,987.00 Tarrant County Needs Sixty and Better, Inc. Public Services: Elderly $ 101,800.00 United Community Centers Child Care Services $ 76,350.00 CDBG Public Service Subtotal $ 979,029.00 Rehabilitation, Education and Accessibility $ 102,000.00 Advocacy for Persons with Handicaps, dba REACH, Inc.** Total CDBG Contracts $1,081,029.00 **REACH will be funded from the CDBG Housing Programs and Services budget Housing Opportunities For Persons With AIDS Contracts: Table 2—HOPWA Agencies Organization Program Amount Tarrant County Samaritan Housing, Administration (seven $ 510,204.00 Inc. percent), Supportive Services and Facility Based housing Subsidy Assistance AIDS Outreach Center, Inc. Supportive Services, $ 631,035.00 Tenant Based Rental Assistance (TBRA), and Short Term Rent Mortgage and Utility (STRMU) Total HOPWA Contracts $1 141,239.00 Emergency Solutions Grant Contracts: Table 3 — ESG Agencies Organization Program Amount Presbyterian Night Shelter of Shelter $ 126,625.00 Tarrant County Operations/Services SafeHaven of Tarrant County Shelter $ 75,975.00 Operations/Services Lighthouse for the Homeless dba Shelter $ 95,343.00 True Worth Place Operations/Services The Salvation Army a Georgia Homeless Prevention $ 126,625.00 Corporation Center for Transforming Lives Rapid Rehousing $ 109,562.00 Total ESG Contracts $ 534,130.00 A waiver of the goal for MBE/SBE subcontracting requirements was requested by the Neighborhood Services Department and approved by the M/WBE Office, in accordance with the M/WBE or BIDE Ordinance, because the purchase of goods or services from source(s)where subcontracting or supplier opportunities are negligible. httn• /anns (-fwnet nry/rrnmril narkPt/rn(- rPviPxxr aen7TT)=)AQOQRrrrnmrilrlata=R/1/')017 11/1 VIM 7 M&C Review Page 6 of 6 All figures have been rounded to the nearest dollar for presentation purposes. These programs are available in ALL COUNCIL DISTRICTS. FISCAL INFORMATION/CERTIFICATION: The Director of Finance 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 Operating Federal Fund. This is a reimbursement grant. The Neighborhood Services Department has the responsibility to validate the availability of funds prior to an expenditure being made. TO Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year Chartfield 2 FROM Fund Department Account Project Program Activity Budget Reference# Amount ID ID _ Year j (Charkfield 2) Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Aubrey Thagard (8187) Barbara Asbury (7331) Additional Information Contact: David Reitz (7563) ATTACHMENTS 19NS HUDACTIONPLANPY2017-2018 019 AO 17.docx Form 1295-All Agencies.pdf HUD 2017-18 AP Selected Slides.pdf httn://aDns.cfwnet.org/council nacket/mc review acn9TT)=24909Rr.crnmcilrlate=R/1/7(117 1 1/15/7017 CERTIFICATE OF INTERESTED PARTIES FORM 1.295 1 of 1 Complete Nos.1-4 and 6 if there are interested partes. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2017-236189 Lighthouse for the Homeless,Inc.dba True Worth Place Fort Worth,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 07/13/2017 being filed. City of Fort Worth Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. ESG Resource facility for the homeless 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary Mildren,Matt Fort Worth,TX United States X Means-Dufrene,MaryAnn Fort Worth,TX United States X LaCamp,Jim Fort Worth,TX United States X Owen,Toby Fort Worth,TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct. CARRIE M.TAYLOR S Notary Public,State of Texas .`� Comm.Expires 12-10-2018 Notary ID 13004947-3 "Q"'���� t Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP J SEAL ABOVE Swom to and subscribed before me,by the said Mj a T Owen this the day r�day of 20 1 ) to certify which,witness my hand and seal of office. C--57777� 0, 0-Tc lb3lg4or a %kqW4Wu-- Laor 5ignawre f of ministering oath Printed name of officer administers (]lath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.883