HomeMy WebLinkAboutContract 43742CITY SECRETARY
CONTRACT NO. 4'01 `-t Z
STATE OF TEXAS
COUNTY OF TARRANT
This contract ("Contract") is made and entered into by and between the City of
Fort Worth (hereafter "City") and Tarrant County Samaritan Housing, Inc. (hereafter
"Agency"), a Texas nonprofit 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 Housing Opportunities for
Persons with AIDS Program ("HOPWA"), Program No. TX-H-12-F002 Catalog of
Federal Domestic Assistance No. 14.241;
WHEREAS, the primary purpose of the HOPWA program is to address the needs
of eligible persons associated with the challenge or living with HIV/AIDS and their
families;
WHEREAS, Agency submitted a proposal to use HOPWA funds for an eligible
Program (defined below) under the HOPWA Regulations (defined below) whereby
Agency will provide services as further described in Exhibit "A"- Program Summary;
WHEREAS, City citizens, the Community Development Council, and the City
Council have determined that HOPWA 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 following terms 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 by HUD. The 2012 income limits
are attached hereto as Exhibit F.
Business Diversity Enterprise Ordinance or BDE means the City's Business Diversity
Ordinance, Ordinance No. 20020-12-2011.
HOPWA PSA CONTRACT 2012-2013 - TARRANT COUNTY SAMARITAN HOUSING,
i i , f C ' V (L • 17
7
CFFY SECRETARY
FFt O'T 9 TN
Complete Documentation means:
• Attachments I and II, with supporting documentation as follows:
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.
• Proof of client eligibility:
o In the event that Agency is a facility that provides a public service,
this means documentation that clients served by Agency are
HOPWA Eligible Clients.
o Source Documentation sufficient to show that clients participating
in the Program are HOPWA Eligible Clients.
• Other documentation: (i) documentation to show compliance with BDE
or DBE bidding process for procurement or Contract activities, if
applicable; and (ii) any other document or records reasonably necessary to
verify costs spent and client eligibility for the Program
HOPWA Regulations means regulations found in 24 CFR Part 574.
DBE means disadvantaged business enterprise.
Director means the Director of the City's Housing and Economic Development
Department.
Effective Date means October 1, 2012.
HED Department means the City's Housing and Economic Development Department.
HOPWA Eligible Client means a client whose annual income adjusted for family size
does not exceed 80% of AMI using the most current HUD Income Guidelines and
Technical Guidance for Determining Income and Allowances verified by either Source
Documentation or the Certification of Income Statement in Exhibit E - Self
Certification Forms. The definition of annual income to determine client income
eligibility under this Contract shall be the defmition contained in 24 CFR Part 5.609 as
amended from time to time. The client must also have a documented diagnosis of
HIV/AIDS
HOPWA Funds means City's HOPWA funds supplied by City to Agency under the
terms of this Contract.
Program means the service(s) described in Exhibit "A" - Program Summary.
Reimbursement Request means all reports and other documentation described in
Section 9.
HOPWA PSA CONTRACT 2012-2013 - TARRANT COUNTY SAMARITAN HOUSING, INC. 2
Source Documentation means any documentation allowed under the 24 CFR Part 5.609
definition of annual income
Unduplicated Clients means a count of individuals served once in the Contract year.
Even if a person is served multiple times in a contract year, they will only be counted
once when determining the number of Unduplicated Clients.
3. TERM.
3.1 Term.
The term of this Contract begins on October 1, 2012 and terminates on September
30, 2013 unless terminated as provided in this Contract. This contract is contingent upon
receipt by City of HOPWA funds from HUD. If HOPWA funds are not received or if
City's allocation of HOPWA funds changes, City reserves the right to amend or terminate
this Contract
4. DUTIES AND RESPONSIBILITIES OF CITY.
4.1 Provide HOPWA Funds.
City shall pay up to Three Thousand One Six Hundred Sixty -Five and 92/100
Dollars ($301,665 92) of HOPWA Funds on a reimbursement of expenses basis, under
the terms and conditions herein
4.2 Monitor.
City will monitor the activities and performance of Agency and any of its
contractors or subcontractors as necessary, but no less than annually. Monitoring may
include all phases and aspects of Agency's performance to determine compliance with
the Program and other technical and administrative requirements of this Contract
including the adequacy of Agency s records and accounts.
5. DUTIES AND RESPONSIBILITIES OF AGENCY.
5.1 Required Services.
In accordance with the terms and conditions of this Contract, Agency shall
perform the service as described in Exhibit "A" - Program Summary.
5.2 Use of HOPWA Funds.
5.2.1 Expenditures in Compliance with HOPWA Regulations and Contract.
Agency shall be reimbursed for the Program costs with HOPWA Funds only if
City determines in its sole discretion that
5.2.1.1 Costs are eligible expenditures in accordance with
HOPWA Regulations.
5.2.1.2 Costs are in compliance with this Contract and are
HOPWA PSA CONTRACT 2012-2013 - TARRANT COUNTY SAMARITAN HOUSING, INC. 3
reasonable and consistent with industry norms.
5.2.1.3 Complete Documentation is submitted to City by Agency.
5.2.2 Budget.
Agency agrees that HOPWA Funds will be reimbursed in accordance with
Exhibit "B' - Budget. During the Term, Agency may submit written requests to
increase or decrease line -item amounts in the Budget, including an explanation of why
such increases or decreases are necessary. All such requests must be approved by the
Director in writing such approval being in the Director's sole discretion If Director
gives written approval of 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 m the amendment All requests for Budget amendments must be submitted by
August 15, 2013.
5.2.3 Change in Program Budget.
5.2.3.1 Agency will notify City promptly of any additional funds it
receives for operation of the Program, and City reserves the
right to amend this Contract in such instances to ensure
compliance with HUD regulations governing cost
allocation.
5.2.3.2 Agency agrees to utilize funds available under this Contract
to supplement rather than supplant funds otherwise
available for use in the Program.
5.2.4 Payment of HOPWA Funds to Agency.
HOPWA Funds will be disbursed to Agency on a reimbursement basis upon
City's approval of Agency's written and signed Reimbursement Requests including
submission of Complete Documentation to City. If Agency expends all funds prior to
September 20, 2013 City may hold back a small amount of the HOPWA Funds until the
end of the Term. During this interim period, Agency must continue to submit
Reimbursement Requests with an invoiced amount of $0.00.
5.3 Program Performance Milestones.
Agency warrants that the Program will achieve the following milestones:
Month Expenditures
3
6
8
11
27.27%
54.54%
72.72%
100%
Unduplicated Clients (as
specified in Exhibit "A")
27.27%
54.54%
72.72%
100%
Failure of Agency to meet these milestones or a material deviation from them
HOPWA PSA CONTRACT 2012-2013 - TARRANT COUNTY SAMARITAN HOUSING, INC.
as
4
outlined in this Section 5.3 is a breach of the Contract. For the purpose of this Contract,
"material deviation" shall mean an excess of 10% lower than the specified goal In the
event of such breach, City reserves the right at its sole option to delay or withhold
payment of Reimbursement Requests, to lower the allocation of HOPWA Funds, or to
terminate this Contract.
5.4 Commingled Funds.
Agency will not commingle HOPWA Funds with any other funds in any manner
that would prevent City from readily identifying expenditures for operation of the
Program.
6. CLIENT ELIGIBILITY VERIFICATION.
6.1 Client Eligibility.
Agency will document the eligibility of all prospective clients as follows:
6.1.1 Income.
Agency must verify all new clients' income eligibility with either Source
Documentation or the Certification of Income Statement in Exhibit E - Self
Certification Forms Agency must use the annual income definition in 24 CFR 5.609 to
establish client income eligibility. Agency shall use the most current HUD Income
Guidelines.
6.1.2 Diagnosis.
Agency must submit a signed, dated statement that the client's file contains
documentation of the client's diagnosis of HIV/AIDS. The HIV/AIDS diagnosis must
be made by a licensed health care provider; a client's self -certification of diagnosis is not
sufficient. Agency should not submit the actual diagnosis to City.
6.1.3 Emergency Need.
For clients receiving short term rental, mortgage, or utility assistance, Agency
must also verify and document that the client has an emergency need, such as sudden loss
of income, eviction, utility shutoff or extraordinary and unexpected healthcare costs.
Agency must provide documentation supporting the type and amount of assistance
provided, including but not limited to, invoices, past due notices and/or executed leases
or rental agreements as applicable, as well as proof of payment by Agency
6.1.4 Rental Assistance.
For clients receiving rental assistance, Agency must provide documentation
supporting the type and amount of assistance provided, including but not limited to,
invoices, past due notices, and/or executed leases, as applicable, as well as proof of
payment by Agency.
6.2 Eligibility Documentation.
Agency must submit copies of all relevant components of the eligibility
verification documentation described in Section 6.1 with Attachment III in each
month's Reimbursement Request, and must maintain copies of such documentation as
HOPWA PSA CONTRACT 2012-2013 - TARRANT COUNTY SAMARITAN HOUSING, INC. 5
required under this Contract. Agency is only required to submit the eligibility
verification documentation for any given client the first month that the client appears on
Attachment III.
7. ADDITIONAL HOPWA REQUIREMENTS.
Agency agrees to comply with all requirements of the HOPWA Program as stated
in the HOPWA Regulations, including, but not limited to the following•
7.1 Environmental Review.
HOPWA Funds will not be paid, and costs cannot be incurred until City has
conducted and completed an environmental review as required under 24 CFR Part 58.
The environmental review may result in a decision to proceed with, modify, or cancel the
Program. Further, Agency will not undertake or commit any funds to physical or choice
limiting actions. Any violation of this provision will (i) cause this Contract to terminate
immediately; and (ii) require Agency to repay to City the HOPWA Funds it has already
received and forfeit any future payments of HOPWA 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
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 2012-2013 Action Plan, and (iii)
receipt by City of grant agreement from HUD.
7.3 Monitoring.
7.3.1 Agency understands and agrees that it will be subject to monitoring by
City for compliance with the HOPWA Regulations for the duration of this Contract and
until the Program is closed in HUD's IDIS system. Agency will provide reports and
access to Program files as requested by City for 5 years after closeout of this Contract in
HUD's IDIS system, and will meet all the reporting requirements set out in this Contract.
This Section shall survive the termination or expiration of this Contract.
7.3.2 City HUD, and the United States Comptroller General or their respective
representatives shall have access at all reasonable hours to the Agency's offices and
records dealing with the use of the HOPWA Funds that are the basis of this Contract, and
its officers, directors agents, employees, contractors and subcontractors 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, and of the adequacy
and timeliness of Agency s performance under this Contract After each monitoring visit,
City shall provide Agency with a written report of the monitor's findings. If the
monitoring report notes deficiencies in Agency's perfon Wane, the report shall include
HOPWA PSA CONTRACT 2012-2013 - TARRANT COUNTY SAMARITAN HOUSING, INC. 6
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
tennnination of this Contract as provided herein.
7.3.4 Agency will maintain all records related to this Contract for a minimum of
5 years after termination of the Contract.
7.4 Agency Procurement Standards.
Agency shall establish procurement procedures to ensure that materials and
services are obtained in a cost effective manner. When procuring services to be provided
under this Contract, Agency shall comply at a minimum with the procurement standards
at 24 CFR Part 84.40 through 24 CFR Part 84.48.
7.5 Cost Principles/Cost Reasonableness.
Agency shall administer its use of HOPWA Funds in compliance with OMB
Circular A-122, "Cost Principles for Non -Profit Organizations", as amended from time to
time. The allowability of costs incurred for performance rendered shall be determined in
accordance with OMB Circular A-122 as supplemented by the provisions of this
Contract.
7.6 Accounting Standards.
Agency agrees to comply with OMB Circular A-110, "Uniform Administrative
Requirements for Grants and Agreements with Institutions of Higher Education,
Hospitals and other Non -Profit Organizations", and agrees to adhere to the accounting
principles and procedures required therein, utilize adequate internal controls, and
maintain necessary source documentation for all costs incurred.
7.8 Terms Applicable to Agencies and Subcontractors.
Agency understands and agrees that all teens of this Contract, whether regulatory
or otherwise, shall apply to any and all contractors and subcontractors of Agency which
are in any way paid with HOPWA 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. Agency shall monitor the services and work performed by its
contractors and subcontractors on a regular basis for compliance with the HOPWA
Regulations and Contract provisions Agency is liable for all violations of the HOPWA
Regulations committed by its contractors or subcontractors. City maintains the right to
msist on Agency's full compliance with the terms of this Contract 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 or
subcontractors.
8. RECORD KEEPING. REPORTING AND DOCUMENTATION
REOUIREMENTS.
8.1 Record Keeping.
Agency shall maintain a record -keeping system as part of its performance of this
HOPWA PSA CONTRACT 2012-2013 - TARRANT COUNTY SAMARITAN HOUSING, INC. 7
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 source and back-up documentation.
8.2 Access to Records.
City 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.
8.3 Reports.
Agency will submit to City all reports and documentation described in this
Contract, in such form as City may prescribe, pertaining to the activities undertaken as a
result of this Contract Failure to submit any report or documentation described in this
Contract to City shall be an event of default of this Contract and City may exercise all of
its remedies for default under this Contract
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 of such change, and the Parties shall execute an
amendment to the Contract reflecting such change.
9. REIMBURSEMENT REQUIREMENTS.
9.1 Deadline for Submitting Reimbursement Requests.
Each Reimbursement Request shall be received by the City on or before the 15th
day of the month following the month expenses were paid. For example Reimbursement
Requests for June expenses must be received by July 15 In the event the 15th falls on a
weekend or City holiday, Reimbursement Requests shall be due the next business day.
Failure to submit a Reimbursement Request in a timely fashion will result in City
mitiating procedures as outlined in Section 10.1. NOTWITHSTANDING ANYTHING
ABOVE, EXPENSES FOR SEPTEMBER 2013 MUST BE RECEIVED BY
SEPTEMBER 20, 2013. FAILURE TO SUBMIT A COMPLETE
REIMBURSEMENT REQUEST BY SEPTEMBER 20, 2013 WILL RESULT IN
AN AUTOMATIC FORFEITURE OF THE SEPTEMBER PAYMENT.
9.2 With each Reimbursement Request, Agency shall provide City with
Complete Documentation and the following reports as shown in Exhibit D Reimbursement Forms:
9.2.1 Attachment I — Invoice.
This report shall contain the amount requested for reimbursement each month,
and the cumulative reimbursement requested to date (inclusive of that month's request).
Even if Agency is requesting $0.00 for a particular month, this report must be submitted.
This report must be signed by an authorized signatory of the Agency. By signing
Attachment I, Agency is certifying that the costs are valid, eligible, and consistent with
the terms and conditions of this Contract, and the data contained in the report is true and
HOPWA PSA CONTRACT 2012-2013 - TARRANT COUNTY SAMARITAN HOUSING, INC. 8
correct.
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
Attachment II 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 HOPWA-funded
time and non-HOPWA funded time and reflect actual time
spent on HOPWA-funded activities.
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.
9.2.2.3 Proof that each expense was paid by Agency, which proof
can be satisfied by cancelled checks, wire transfer
documentation, paid receipts or other appropriate banking
documentation.
9.2.3 Attachment III - Client Data Report.
This report shall list each new client served during the month along with their
demographic information. Clients listed on previous months' reports should not be listed
again; each month's report should only contain a listing of new Unduplicated Clients In
order for this report to be complete the following must be submitted:
9.2.3.1 Documentation of income verification for each client,
which will either be the Source Documentation described in
Section 6 2.1 or the completed Certification of Income
Statement attached hereto as Exhibit E
9.2.3.2 For emergency need clients, Agency must provide
documentation supporting the type and amount of
assistance provided, including but not limited to, invoices,
past due notices and/or executed leases or rental
agreements, as applicable, as well as proof of payment by
Agency.
9.2.3.3 For clients receiving rental assistance, Agency must
provide documentation supporting the type and amount of
assistance provided, including but not limited to, invoices,
past due notices and/or executed leases or rental
agreements as applicable, as well as proof of payment by
Agency.
HOPWA PSA CONTRACT 2012-2013 - TARRANT COUNTY SAMARITAN HOUSING, INC. 9
9.2.4 Overview Report.
Agency shall submit Exhibit G - Overview Report with the November, April
and October Reimbursement Requests. A paper copy must be submitted with the
Reimbursement Request, and an electronic copy must also be emailed to
avis.chaisson@fortworthtexas.gov.
9.3 Withholding Payment.
CITY HAS NO OBLIGATION TO MAKE PAYMENT ON ANY
REIMBURSEMENT REQUEST THAT IS NOT RECEIVED BY THE DUE DATE.
Failure to timely submit Reimbursement Requests and Complete Documentation
along with any required reports shall be an event of default.
10. DEFAULT AND TERMINATION.
10.1 Failure to Submit Required Documentation
10.1.1 If Agency fails to submit a Reimbursement Request, or if the
submitted Reimbursement Request is incomplete or otherwise not in compliance with this
Contract or HOPWA Regulations as deteuumed by City, Agency shall be in default of
this Contract. City will notify Agency in writing of such default and the Agency will
have 10 calendar days from the date of the written notice to submit or resubmit any such
Reimbursement Request to cure the default. If the Agency fails to cure the default within
such time, Agency shall forfeit any payments otherwise due that month
10.1.2 NOTWITHSTANDING THE PROVISIONS OF SECTION
10.1.1, IF AGENCY FAILS TO SUBMIT THE REIMBURSEMENT REQUEST
DUE SEPTEMBER 20, 2013, OR IF THE SUBMITTED REIMBURSEMENT
REQUEST IS LATE, INCOMPLETE OR OTHERWISE NOT IN COMPLIANCE
WITH THIS CONTRACT OR HOPWA REGULATIONS AS DETERMINED BY
CITY, THERE WILL BE NO CURE PERIOD AND ANY REIMBURSEMENT
WILL BE AUTOMATICALLY FORFEITED
10.1.3 In the event of (i) an uncured default under Section 10.1.1 or (ii)
more than two instances of default, cured or uncured, under such Section, City reserves
the right at its sole option to terminate this Contract effective immediately upon written
notice of such intent with no penalty or liability to City.
10.1.4 Notwithstanding anything to the contrary herein, City will not be
required to pay any HOPWA 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 HOPWA Regulations, or during any period during which Agency is in default of this
Contract.
10.1.5 In the event of termination under this Section 10.1, all HOPWA
Funds awarded but unpaid to Agency pursuant to this Contract shall be immediately
forfeited and Agency shall have no further right to such funds.
HOPWA PSA CONTRACT 2012-2013 - TARRANT COUNTY SAMARITAN HOUSING, INC. 10
10.2 Failure to Maintain 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 incompliance with this
Contract or the HOPWA 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 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 In the event of termination under this Section 10.2, any HOPWA Funds paid to
Agency must be repaid to City within 30 days of termination notice. Failure to repay
such HOPWA Funds will result in City exercising all legal remedies available under this
Contract.
10.3 In General.
Subject to Section 10.1, and unless specifically provided otherwise in this
Contract, Agency shall be in default under this Contract if Agency breaches any term or
condition of this Contract In the event that such a breach remains uncured after thirty
(30) calendar days following written notice by City (or such other notice period as may
be specified herein) or, if Agency has diligently and continuously attempted to cure
following receipt of such written notice but reasonably required more than thirty (30)
calendar days to cure, as determined by both Parties mutually and in good faith, City
shall have the right to elect, as deteinuined in City's sole discretion, to ten ninate this
Contract effective immediately upon written notice of such intent to Agency, or to pursue
any other legal remedies available to City In the event of termination under this Section
10.3, all HOPWA 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
HOPWA Funds already paid to Agency must be repaid to City within 30 days of the
termination. If such HOPWA funds are not repaid to City within the 30 day period, City
shall exercise all of its remedies under this Contract
10.4 No Funds Disbursed while in Breach.
Agency understands and agrees that no HOPWA Funds will be paid to Agency
until all defaults are cured to the satisfaction of City.
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 Riuhts 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 such default. Such termination does
not terminate any provisions of this Contract that have been expressly noted as surviving
the term or termination of the Contract.
HOPWA PSA CONTRACT 2012-2013 - TARRANT COUNTY SAMARITAN HOUSING, INC. 11
10.7 Waiver of Breach Not Waiver of Subsequent Breach.
The waiver of a breach of any term, covenant, or condition of this Contract shall
not operate as a waiver of any subsequent breach of the same or any other term, covenant
or condition hereof.
10.8 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.
City may terminate this Contract in the event of Agency's default, inability, or
failure to perform or otherwise whenever such termination is determined by City to be in
City's best interest. Likewise, Agency may terminate this Contract if City does not
provide the HOPWA Funds substantially in accordance with this Contract.
10.10 Termination for Convenience.
In terminating in accordance with 24 C.F.R. 85.44 this Contract may be
terminated in whole or in part only as follows:
10.10.1 By City with the consent of Agency in which case the Parties shall
agree upon the termination conditions, including the effective date and in the case of
partial termination, the portion to be terminated, or
10.10.2 By the Agency upon written notification to City, setting forth the
reasons for such termination, the effective date, and in the case of partial termination, the
portion to be terminated. However, if, in the case of a partial termination, City
determines that the remaining portion of the Contract to be perfoinued or HOPWA Funds
to be spent will not accomplish the purposes for which the Contract was made, City may
terminate the Contract in its entirety
10.11 Dissolution of Agency Terminates Contract.
In the event Agency is dissolved or ceases to exist, all assets acquired with
HOPWA Funds including cash, mterest payments from loans or otherwise, all
outstanding notes, mortgages or other security instruments used to secure HOPWA
Funds, any accounts receivable attributable to the use of HOPWA Funds, and any real or
personal property owned by Agency that was acquired or improved with HOPWA Funds
shall automatically transfer to City and this Contract shall terminate.
11. REPAYMENT OF HOPWA FUNDS.
All HOPWA Funds are subject to repayment in the event the Program does not
meet the requirements as set out in this Contract or in the HOPWA Regulations If
Agency takes any action that (i) results in City receiving a finding from HUD about
the Program, or (ii) results in the City being required to repay all or any portion of
the HOPWA Funds to HUD, Agency agrees it will reimburse City for such
repayment.
HOPWA PSA CONTRACT 2012-2013 - TARRANT COUNTY SAMARITAN HOUSING, INC. 12
12. CHANGE IN NON-PROFIT STATUS.
If the non-profit status of Agency changes after the date of this Contract, City
may but is not obligated to, terminate this Contract Agency must provide City with
written notification of any changes to its non-profit status within 15 days of being
notified of the change. City has 30 days to make such determination after receipt of
notice from Agency and failure to make such determination will constitute a waiver In
the event of termination under this Section 12, all HOPWA Funds awarded but unpaid to
Agency pursuant to this Contract shall be immediately rescinded and Agency shall have
no further right to such funds Any HOPWA Funds already paid to Agency must be
repaid to City within 30 days of the termination.
13. SURVIVAL.
Any provision of this Contract that pertains to auditing, monitoring, client income
eligibility, record keepmg and reports, City ordinances, or applicable HOPWA
requirements, and any default and enforcement provisions necessary to enforce such
provisions, shall survive the termination of this Contract for 5 years after the termination
date and shall be enforceable by City against Agency.
14. GENERAL PROVISIONS.
14.1 Agency an Independent Contractor.
Agency shall operate hereunder as an independent contractor and not as an
officer, agent, servant or employee of City. Agency shall have exclusive control of, and
the exclusive right to control, the details of the work and services performed hereunder,
and all persons performing same and shall be solely responsible for the acts and
omissions of its officers, members, agents, servants, employees contractors, clients
licensees or invitees.
14.2 Doctrine of Respondeat Superior.
The doctrine of respondeat superior shall not apply as between City and Agency,
its officers, members, agents, servants, employees contractors, clients, licensees or
invitees, and nothing herein shall be construed as creating a partnership or joint enterprise
between City and 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, licensees or invitees.
14.3 Agency Property.
City shall under no circumstances be responsible for any property belonging to
Agency, its officers, members, agents employees, contractors, clients, licensees or
invitees that may be lost, stolen or destroyed or in any way damaged and AGENCY
HEREBY INDEMNIFIES AND HOLDS HARMLESS CITY AND ITS OFFICERS,
AGENTS, AND EMPLOYEES FROM ANY AND ALL CLAIMS OR SUITS
PERTAINING TO OR CONNECTED WITH SUCH PROPERTY.
HOPWA PSA CONTRACT 2012-2013 - TARRANT COUNTY SAMARITAN HOUSING, INC. 13
14.4 Religious Organization.
No portion of the HOPWA 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 HOPWA-funded service.
14.5 Audit.
14.5.1 Entities that Expend $500,000 or more in Federal Funds Per
Year.
All non-federal entities that expend $500,000 or more in Federal funds within one
year, regardless of the source of the Federal award, must submit to City an annual audit
prepared in accordance with specific reference to OMB Circular A-133. The audit shall
cover the 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 along with the first Reimbursement Request. Entities that
expend less than $500,000 a year in Federal funds are exempt from Federal audit
requirements for that year, but records must be available for review or audit by
appropriate officials of the Federal agency, City, and General Accounting Office
14.5.2 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 five (5) years after the
termination thereof. Agency agrees to allow access to all pertinent materials as described
herein If such audit reveals a questioned practice or expenditure, such questions must be
resolved within 15 business days after notice to 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 and/or future contract(s) with Agency. IF AS A
RESULT OF ANY AUDIT IT IS DETERMINED THAT AGENCY HAS
FALSIFIED ANY DOCUMENTATION OR MISUSED, MISAPPLIED OR
MISAPPROPRIATED HOPWA FUNDS OR SPENT HOPWA 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.
14.6 Venue.
Venue for any action, whether real or asserted, at law or in equity, arising out of
the execution, performance, attempted performance or non-performance of this Contract,
shall lie in Tarrant County, Texas.
14.7 Governing Law.
In any questions involving state law, for any action, whether real or asserted, at
law or in equity, arising out of the execution, performance or non-performance of this
HOPWA PSA CONTRACT 2012-2013 - TARRANT COUNTY SAMARITAN HOUSING, INC. 14
Contract, in any issue not governed by federal law, the choice of law shall be the law
from the State of Texas.
14.8 Severability.
The provisions of this Contract are severable, and if for any reason a clause,
sentence, paragraph or other part of this Contract shall be determined to be invalid by a
court or Federal or state agency, board or commission having jurisdiction over the subject
matter thereof, such invalidity shall not affect other provisions which can be given effect
without the invalid provision
14.9 Written Agreement Entire Contract.
This written instrument and the Addendums, Attachments, and Exhibits attached
hereto, which are incorporated by reference and made a part of this Contract for all
purposes, constitute the entire agreement by the Parties hereto concerning the work and
services to be performed under this Contract. Any prior or contemporaneous oral or
written agreement, which purports to vary the terms of this Contract, shall be void. Any
amendments to the terms of this Contract must be in writing and must be executed by
each Party to this Contract.
14.10. Paragraph Headings for Reference Only, No Legal
Significance.
The paragraph headings contained herein are for convenience in reference to this
Contract and are not intended to define or to limit the scope of any provision of this
Contract.
14.11 Compliance With All Applicable Laws and Regulations
By signing this Contract, Agency certifies that it complies with all applicable laws
and regulations that are currently in effect or that are hereafter amended during the
performance of this Contract. Those laws include, but are not limited to:
➢ HOPWA Regulations found in 24 CFR Part 574
➢ AIDS Housing Opportunity Act, as amended (42 USC 12901)
➢ Title VI of the Civil Rights Act of 1964 (42 U S.C. Sections 2000d et seq.)
including provisions requiring recipients of federal assistance to ensure
meaningful access by person of limited English proficiency
➢ The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C.
Sections 3601 et seq.)
➢ Executive Orders 11063, 11246 as amended by 11375 and 12086 and as
supplemented by Department of Labor regulations 41 CFR, Part 60
➢ The Age Discrimination in Employment Act of 1967
➢ The Age Discrimination Act of 1975 (42 U.S.C. Sections 6101 et seq.)
➢ The Uniform Relocation Assistance and Real Propeity 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.
HOPWA PSA CONTRACT 2012-2013 - TARRANT COUNTY SAMARITAN HOUSING, INC. 15
➢ The Clean Air Act, as amended, (42 U.S.0 Sections 1251 et seq.) and the
Clean Water Act of 1977, as amended (33 U.S.C. Sections 1251 et seq.) and
the related Executive Order 11738. In no event shall any amount of the
assistance provided under this Contract be utilized with respect to a facility
that has given rise to a conviction under the Clean Air Act or the Clean Water
Act.
➢ Immigration Reform and Control Act of 1986 (8 U.S.C. Sections 1101 et seq.)
specifically including the provisions requiring employer verifications of legal
status of its employees
➢ The Americans with Disabilities Act of 1990 (42 U.S.C. Sections 12101 et
seq.), the Architectural Barriers Act of 1968 as amended (42 U.S.C. sections
4151 et seq.) and the Uniform Federal Accessibility Standards, 24 CFR Part
40, Appendix A
➢ Regulations at 24 CFR Part 87 related to lobbying, including the requirement
that certifications and disclosures be obtained from all covered persons
➢ Drug Free Workplace Act of 1988 (41 U.S.C. Sections 701 et seq.) and 24
CFR Part 23, Subpart F
➢ Executive Order 12549 and 24 CFR Part 5.105(c) pertaining to restrictions on
participation by ineligible, debarred or suspended persons or entities
➢ Section 6002 of the Solid Waste Disposal Act, as amended by the Resource
Conservation and Recovery Act
➢ Guidelines of the Environmental Protection Agency at 40 CFR Part 247
➢ For contracts and subgrants for construction or repair, Copeland "Anti -
Kickback" act (18 U.S C. 874) as supplemented in 29 CFR Part 5
➢ For construction contracts awarded by Agency in excess of $2,000, and in
excess of $2,500 for other contracts which involve the employment of
mechanics or laborers, Sections 103 and 107 of the Contract Work Hours and
Safety Standards Act (40 U.S.C. 327A 300) as supplemented by 29 CFR Part
5
➢ Lead -Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et seq.), as
amended by the Residential Lead -Based Paint Hazard Reduction Act of 1992
(42 U S.C. 4851 et seq.) and implementing regulations at 24 CFR Part 35,
subparts A, B, M, and R
➢ Uniform Administration Requirements of 24 CFR Part 85
Requirement that Law Be Quoted in Covered Contracts. — Certain Requirements
Pertaming to Section 3 of the Housing and Urban Development Act of 1968 as amended
(12 U.S.C. Sections 1701 et sea.) and its related regulations at 24 CFR Part 135
If the work performed under this Contract is on a program assisted under a
program providing direct Federal financial assistance from HUD, Section 3 of 24 CFR
135.38 ("Section 3") requires that the following clause, shown in italics, be inserted in all
covered contracts ("Section 3 Clause"):
Section to be quoted in covered contracts begins:
"A. The work to be performed under this contract is subject to the
requirements of Section 3 of Housing and Urban Development Act of
HOPWA PSA CONTRACT 2012-2013 - TARRANT COUNTY SAMARITAN HOUSING, INC. 16
1968, as amended, 12 U.S.C. section 1701u (Section 3). The purpose of
Section 3 is to ensure that employment and other economic opportunities
generated by HUD assisted or HUD -assisted programs covered by
Section 3, shall to the greatest extent feasible, be directed to low- and
very -low income persons, particularly persons who are recipients of HUD
assistance for housing.
B. The parties to this contract agree to comply with HUD's
regulations in 24 CFR Part 135, which implement Section 3. As evidenced
by their execution of this contract, the parties to this contract certify that
they are under no contractual or other impediment that would prevent
them from complying with the Part 135 regulations.
C. The contractor agrees to send to each labor organization or
representative of workers with which it has a collective bargaining
agreement or other understanding, if any, a notice advising the labor
organization or workers' representatives of the contractor 's commitments
under this Section 3 clause and will post copies of the notice in
conspicuous places at the work site where both employees and applicants
for training and employment positions can see the notice. The notice shall
describe the Section 3 preference, shall set forth minimum number and job
titles subject to hire, availability of apprentice and training positions, the
qualifications for each; and the name and location of the person(s) taking
applications for each of the positions; and the anticipated date the work
shall begin.
D. The contractor agrees that it will include this Section 3 clause in
every subcontract to comply with regulation in 24 CFR Part 135, and
agrees to take appropriate action, as provided in an applicable provision
of the subcontract or in this Section 3 clause, upon finding that the
subcontractor is in violation of the regulations in 24 CFR Part 135. The
contractor will not subcontract with any subcontractor where it has notice
or knowledge that the subcontractor has been found in violation of
regulations in 24 CFR 135.
E. The contractor will certj that any vacant employment positions,
including training positions that are filed: (1) after the contractor is
selected but before the contract is executed, and (2) with persons other
than those to whom the regulations of 24 CFR Part 135. The contractor
will not subcontract with any subcontractor where it has notice or
knowledge that the subcontractor has been found in violation of
regulations in 24 CFR 135.
F. Noncompliance with HUD's regulation in 24 CFR Part 135 may
result in sanctions, termination of this contract for default, and debarment
or suspension from future HUD assisted contracts.
G. With respect to work performed in connection with Section 3
covered Indian housing assistance, section 7(b) of the Indian Self
Determination and Education Assistance Act (25 U.S.C. section 450e) also
applies to the work to be performed under this Contract. Section 7(b)
requires that to the greatest extent feasible (i) preference and
opportunities for training and employment shall be given to Indians, and
HOPWA PSA CONTRACT 2012-2013 - TARRANT COUNTY SAMARITAN HOUSING, INC. 17
(ii) preference in the award of contracts and subcontracts shall be given to
Indian organizations and Indian -owned Economic Enterprises. Parties to
this contract that are subject to the provisions of Section 3 and Section
79b) agree to comply with Section 3 to the maximum extent feasible, but
not in derogation of compliance with Section 7(b). "
Section to be quoted in covered contracts ends.
City and Agency understand and agree that, if applicable to the Program,
compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135,
and all applicable rules and orders of HUD shall be a condition of the Federal financial
assistance provided to the Program binding upon City and Agency, and their respective
successors assigns and the contractors. Failure to fulfill these requirements shall subject
Agency and its contractors and their respective successors and assigns to those sanctions
specified by the grant agreement through which Federal assistance is provided and to
such sanctions as are specified by 24 CFR Part 135
14.12 Prohibition Against Discrimination.
14.12.1 General Statement.
Agency, in the execution, performance or attempted performance of this Contract,
shall comply with all non-discrimination requirements of 24 CFR 570.607 and the
ordinances codified at Chapter 17, Article III Division 4 — Fair Housing of the City
Code. Agency may not discriminate against any person because of race, color, sex,
gender, religion, national origin, familial status, disability or perceived disability, sexual
orientation, gender identity, gender expression or transgender nor will Agency permit its
officers, members, agents, employees, or clients to engage in such discrimination
This Contract is made and entered into with reference specifically to the
ordinances codified at Chapter 17, Article III Division 3 - Employment Practices of the
City Code, and Agency hereby covenants and agrees that Agency, its officers, members,
agents, employees and contractors, have fully complied with all provisions of same and
that no employee, or applicant for employment has been discriminated against under the
terms of such ordinances by either or its officers, members, agents, employees or
contractors.
14.12.2 No Discrimination in Employment during the Performance of
This Contract.
During the performance of this Contract Agency agrees to the following
provision, and will require that its contractors and subcontractors also comply with such
provision by including it in all contracts with its contractors:
[Contractor or subcontractor'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. Agency will take affinnative 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,
HOPWA PSA CONTRACT 2012-2013 - TARRANT COUNTY SAMARITAN HOUSING, INC. 18
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. Agency agrees to post
in conspicuous places, available to employees and applicants for employment, notices
setting forth the provisions of this nondiscrimination clause.
[Contractor or subcontractor's name] will, in all solicitations or advertisements
for employees placed by or on behalf of Agency, 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 or subcontractor'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 or subcontractor's name] further covenants that neither it nor its
officers members, agents employees, contractors, or persons acting on their behalf, shall
specify, in solicitations or advertisements for employees to work on this Contract, a
maximum age limit for such employment unless the specified maximum age limit is
based upon a bona fide occupational qualification, retirement plan or statutory
requirement.
14.12.3 Aeencv's Contractors and 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 ADA'S PROVISIONS AND
ANY OTHER APPLICABLE FEDERAL, STATE AND LOCAL LAWS
CONCERNING DISABILITY AND WILL DEFEND, INDEMNIFY AND HOLD
CITY HARMLESS AGAINST ANY CLAIMS OR ALLEGATIONS ASSERTED
BY THIRD PARTIES OR CONTRACTORS AGAINST CITY ARISING OUT OF
AGENCY'S AND/OR ITS CONTRACTORS', AGENTS' OR EMPLOYEES'
ALLEGED FAILURE TO COMPLY WITH THE ABOVE -REFERENCED LAWS
CONCERNING DISABILITY DISCRIMINATION IN THE PERFORMANCE OF
THIS CONTRACT.
HOPWA PSA CONTRACT 2012-2013 - TARRANT COUNTY SAMARITAN HOUSING, INC. 19
14.13. Prohibition Atainst Interest / Conflict of Interest.
14.13.1 Agency shall establish safeguards to prohibit its employees, board
members advisors and agents from using positions for a purpose that is or gives the
appearance of being motivated by a desire for private gam for themselves or others,
particularly those with whom they have family, business or other ties. Agency shall
disclose to City any conflict of interest or potential conflict of interest described above
immediately upon discovery of such.
14.13.2 No persons who are employees, agents, consultants, officers or
elected officials or appointed officials of City or of Agency who exercise or have
exercised any functions or responsibilities with respect to activities assisted with
HOPWA 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 HOPWA services, may
obtain a financial interest or benefit from a HOPWA-assisted activity or have an interest
in any contract subcontract or agreement with respect thereto or the proceeds
thereunder, either for themselves or those with whom they have family or business ties,
during their tenure or for 1 year thereafter, unless they are accepted in accordance with
the procedures set forth at 24 CFR 570.611.
14.13.3 Agency affirms that it will adhere to the provisions of the Texas
Penal Code which prohibits bribery and gifts to public servants.
14.13.4. In the procurement of property and services by Agency, the
conflict of interest provisions of 24 CFR Part 85.36 and 24 CFR Part 84 42, respectively,
shall apply In all cases not governed by those sections, the provisions of 24 CFR
570.611 of the HOPWA Regulations shall apply.
14.14 Subcontractinu with Small and Minority Firms, Women's
Business Enterprises and Labor Surplus Areas.
14.14.1 For procurement contracts $50,000 or larger Agency agrees to
abide by City's policy to involve Minority Business Enterprises and Small Business
Enterprises and to provide them equal opportunity to compete for contracts for
construction, provision of professional services, purchase of equipment and supplies and
provision of other services required by City. Agency agrees to incorporate the City's
Minority Business Enterprise Ordinance, and all amendments or successor policies or
ordinances thereto, into all contracts and subcontracts for procurement $50,000 or larger
and will further require all persons or entities with which it so contracts to comply with
said ordinance.
14.14.2 It is national policy to award a fair share of contracts to
disadvantaged business enterprises (DBEs), small business enterprises (SBEs), minority
business enterprises (MBEs), and women's business enterprises (WBEs) Accordingly,
affirmative steps must be taken to assure that DBEs, SBEs, MBEs and WBEs are utilized
when possible as sources of supplies, equipment, construction and services.
HOPWA PSA CONTRACT 2012-2013 - TARRANT COUNTY SAMARITAN HOUSING, INC. 20
14.15 Other Laws.
The failure to list any federal, state or City ordinance, law or regulation that is
applicable to Agency does not excuse or relieve Agency from the requirements or
responsibilities in regard to following the law, nor from the consequences or penalties for
Agency's failure to follow the law, if applicable.
14.16 Assignment.
Agency shall not assign all or any part of its rights, privileges, or duties under this
Contract without the prior written approval of Director. Any attempted assignment of
same without approval shall be void, and shall constitute a breach of this Contract.
14.17. Right to Insnect Agencv Contracts.
It is agreed that City has the right to inspect and approve in writing any proposed
contracts between Agency and any contractor engaged in any activity in conjunction with
this HOPWA-funded Program prior to any charges being incurred.
14.18 Force Maieure.
If Agency becomes unable, either in whole or part, to fulfill its obligations under
this Contract due to acts of God, strikes, lockouts or other industrial disturbances, acts of
public enemies, wars, blockades, insurrections, riots, epidemics, earthquakes, fires,
floods, restraints or prohibitions by any court, board, department, commission or agency
of the United States or of any States, civil disturbances, or explosions, or some other
reason beyond Agency's control (collectively, `Force Majeure Event"), the obligations
so affected by such Force Majeure Event will be suspended only during the continuance
of such event Agency will give City written notice of the existence, extent and nature of
the Force Majeure Event as soon as reasonably possible after the occurrence of the event.
Failure to give notice will result in the continuance of Agency's obligation regardless of
the extent of any existing Force Majeure Event. Agency will use commercially
reasonable efforts to remedy its inability to perform as soon as possible.
15. INDEMNIFICATION AND RELEASE.
AGENCY COVENANTS AND AGREES TO INDEMNIFY, HOLD
HARMLESS AND DEFEND, AT ITS OWN EXPENSE, CITY AND ITS
OFFICERS, AGENTS, SERVANTS AND EMPLOYEES FROM AND AGAINST
ANY AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE
AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL
PERSONS, OF WHATSOEVER 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
HOPWA PSA CONTRACT 2012-2013 - TARRANT COUNTY SAMARITAN HOUSING, INC. 21
CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR
PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF
WHATSOEVER KINDS OR CHARACTER, WHETHER REAL OR ASSERTED,
ARISING OUT OF OR IN CONNECTION WITH THE EXECUTION,
PERFORMANCE, ATTEMPTED PERFORMANCE OR NONPERFORMANCE
OF THIS CONTRACT AND/OR THE OPERATIONS, ACTIVITIES AND
SERVICES OF THE PROGRAM DESCRIBED HEREIN, WHETHER OR NOT
CAUSED IN WHOLE OR IN PART BY ALLEGED NEGLIGENCE OF
OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS OR
SUBCONTRACTORS OF CITY. AGENCY LIKEWISE COVENANTS AND
AGREES TO AND DOES HEREBY INDEMNIFY AND HOLD HARMLESS
CITY FROM AND AGAINST ANY AND ALL INJURY, DAMAGE OR
DESTRUCTION OF PROPERTY OF CITY, ARISING OUT OF OR IN
CONNECTION WITH ALL ACTS OR OMISSIONS OF AGENCY, ITS
OFFICERS, MEMBERS, AGENTS, EMPLOYEES, CONTRACTORS,
SUBCONTRACTORS, INVITEES, LICENSEES, OR CLIENTS, OR CAUSED, IN
WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS,
SERVANTS, EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS OF
CITY.
IT IS THE EXPRESS INTENTION OF THE PARTIES, BOTH AGENCY
AND CITY, THAT THE INDEMNITY PROVIDED FOR THIS SECTION
INCLUDES INDEMNITY BY AGENCY TO INDEMNIFY AND PROTECT CITY
FROM THE CONSEQUENCES OF CITY'S OWN NEGLIGENCE, WHETHER
THAT NEGLIGENCE IS ALLEGED TO BE THE SOLE OR CONCURRING
CAUSE OF THE INJURY, DAMAGE OR DEATH.
AGENCY AGREES TO AND SHALL RELEASE CITY, ITS AGENTS,
EMPLOYEES, OFFICERS AND LEGAL REPRESENTATIVES FROM ALL
LIABILITY FOR INJURY, DEATH, DAMAGE OR LOSS TO PERSONS OR
PROPERTY SUSTAINED IN CONNECTION WITH OR INCIDENTAL TO
PERFORMANCE UNDER THIS CONTRACT, EVEN IF THE INJURY, DEATH,
DAMAGE OR LOSS IS CAUSED BY CITY'S SOLE OR CONCURRENT
NEGLIGENCE.
AGENCY SHALL REQUIRE ALL OF ITS CONTRACTORS AND
SUBCONTRACTORS TO INCLUDE IN THEIR CONTRACTS AND
SUBCONTRACTS A RELEASE AND INDEMNITY IN FAVOR OF CITY IN
SUBSTANTIALLY THE SAME FORM AS ABOVE.
16. WAIVER OF IMMUNITY BY AGENCY.
If Agency, as a chartable 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
HOPWA PSA CONTRACT 2012-2013 - TARRANT COUNTY SAMARITAN HOUSING, INC. 22
common law.
17. INSURANCE AND BONDING.
Agency will maintain blanket fiduciary coverage in the form of insurance or bond
in the amount of $301,665.92 to reimburse City for any and all loss of CDBG Funds. To
effectuate such reimbursement, such fiduciary coverage shall include a rider stating that
reimbursement for any loss or losses thereunder shall be made directly to City. In
addition, Agency shall maintain an Employee Dishonesty policy to cover it for employee
theft of money, securities or property.
Agency shall carry insurance in the types and amounts for the duration of this
Contract as listed below, and furnish certificates of insurance along with copies of policy
declaration pages and policy endorsements as evidence thereof
Commercial General Liability ("CGL") Insurance
$1, 000,000 Each Occurrence
$2, 000,000 Aggregate Limit
The CGL policy shall be the primary insurance with respect to any other
insurance afforded the City. It shall have no exclusions or endorsements that
would alter or nullify premises/operations, products/completed operations,
contractual, personal injury or advertising injury which are normally contained
within the policy unless City approves such exchrsions in writing.
Professional Liability (Errors and Omissions)
$1,000,000 Each Claim Limit
$1,000,000 Aggregate Limit
Professional Liability coverage may be provided through an endorsement to the
Commercial General Liability policy, or a separate policy specific to Professional
Error and Omissions Either is acceptable if coverage meets all other
requirements. Coverage shall be on an occurrence basis or claims -made basis,
and maintained for the duration of the Contract and for 2 years following
completion of services provided. An annual certificate of insurance shall be
submitted to the City to evidence coverage.
Automobile Liability
$1 000,000 each accident on a combined single -limit basis, or
$100,000 Property Damage
$250,000 Bodily mjury per person
$500,000 Bodily Injury per person per occurrence
Coverage shall be a commercial business policy which provides coverage on
Any Auto' , defined as any vehicle owned hired or non -owned. Specifically,
this means coverage on any vehicle used by the Agency s employees agents, or
representatives in the course of the providing services under this Contract.
HOPWA PSA CONTRACT 2012-2013 - TARRANT COUNTY SAMARITAN HOUSING, INC. 23
Workers Compensation Insurance
Statutory Limits
Employer s Liability
$100 000 Each accident/occurrence
$100 000 Disease - each employee
$500 000 Disease - policy limit
This coverage may be written as follows:
Workers' Compensation and Employers Liability coverage with limits consistent
with statutory benefits outlined in the Texas Workers' Compensation Act (Art
8308 — 1.01 et seq Tex. Rev. Civ. Stat.) and minimum policy limits for
Employers' Liability of $100,000 each accident/occurrence, $500,000 bodily
mjury disease policy limit and $100,000 per disease per employee.
Note: Such insurance shall cover employees performing work on any and all
Programs 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 contract.
Additional Requirements
Agency is responsible for providing City a 30 day notice of cancellation or non -
renewal of any msurance policy and may not change the teens and conditions of any
policy that would limit the scope or coverage, or otherwise alter or disallow coverage as
required herein.
Such insurance amounts may be revised upward at City's option no more
frequently than once every 12 months City shall give 90 days' notice to Agency of any
such adjustments
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 City s employees, officers, agents, and volunteers This requirement does not
include Workers' Compensation or Automobile policies.
Certificates of Insurance shall be signed by an agent authorized to bind coverage
on behalf of on the insured, be complete in its entirety, and show complete insurance
carrier names as listed in the current A.M. Best Property & Casualty Guide.
Unless otherwise stated, all required insurance shall be written on an `occurrence
basis" If coverage is underwritten on a claims -made basis, the retroactive date shall be
coincident with or prior to the date of the Contract and the certificate of insurance shall
state the coverage is claims -made and the retroactive date.
HOPWA PSA CONTRACT 2012-2013 - TARRANT COUNTY SAMARITAN HOUSING, INC. 24
City shall be entitled, upon written request and without expense to receive copies
of policies and endorsements thereto and may make any reasonable requests for deletion
or revision or modifications of particular policy terms, conditions, limitations or
exclusions necessary to confomiu the policy and endorsements to the requirements of this
Contract. Deletions, revisions or modifications shall not be required where policy
provisions are established by law or regulations binding upon either Party or the
underwriter of any such policies.
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.
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.
HOPWA PSA CONTRACT 2012-2013 - TARRANT COUNTY SAMARITAN HOUSING, INC. 25
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 Fotni 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 msolvency
provision of law.
20. NOTICE.
All notices required or permitted by this Contract must be m writing and are
deemed delivered on the earlier date of the date actually received or the third day
following deposit in a United States Postal Service post office or receptacle with proper
postage, certified mail return receipt requested; and addressed to the other Party at the
address set out below or at such other address as the receiving Party designates by proper
notice to the sending Party.
City:
City Attorney's Office
1000 Throckmorton Street
Fort Worth, TX 76102
Telephone: 817-392-7600
Copy to:
Director of Housing and Economic Development
1000 Throckmorton Street
Fort Worth, TX 76102
Telephone: 817-392-7540
HOPWA PSA CONTRACT 2012-2013 - TARRANT COUNTY SAMARITAN HOUSING, INC. 26
Copy to:
Program Coordinator
1000 Throckmorton Street
Fort Worth, TX 76102
Telephone: 817-392-6342
Agency:
Steve Dutton, President and CEO
Tarrant County Samaritan Housing, Inc.
929 Hemphill Street
Fort Worth, Texas 76104
Telephone: 817-3 3 2- 6410
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 m multiple counterparts, each of which shall be
considered an original, but all of which shall constitute one instrument.
[SIGNATURES APPEAR ON NEXT PAGE]
HOPWA PSA CONTRACT 2012-2013 - TARRANT COUNTY SAMARITAN HOUSING, INC. 27
IN WITNESS WHEREOF, the Parties hereto have executed four copies of this
Contract in Fort Worth, Tarrant County, Texas.
�ro'ou�
ATTEST: ,o�'a'����� CITY OF FORT WORTH
wtees
APPROVED AS TO F
Assistant City Attorney
TARRANT �E�
By:
Nark, : S u Du . n
Title: President and CEO
STATE OF TEXAS §
COUNTY OF TARRANT § Nth
/ !This instrument was acknowledged before me on d/YW2br/ . 2012 by
Fernando Costa, Assistant City Manager of the City of Fort Worth, on behalf the City of
Fort Worth.
`� � � Fernando Costa, Assistant City Manager
0
°o �a
TAN HOUSING, INC.
EVONIA DANIELS ES
MY COMMISSION EXPIA
July 10,2013
,; ' J1:.• •
STATE OF TEXAS
otary Public, State of Texas
COUNTY OF TARRANT §
This instrument was acknowledged before me on
ire
iC , 2012 by
Steve Dutton, President and CEO of Tarrant County Samaritan Housin, Inc., a non-profit
corporation, on behalf of said corporation.
PI
:.
SS
TED A LOVATO
Notary Public
State of Texas
My Comm. Exp. 01-16-2016
V V V V .. V Y N/ V V v Vv V ar it v V' •V ir a
Notary Public, State of Texas
•
OFFICIAL RECORfl
CITY SECRETARY
Ft WORTH, TX
HOPWA PSA CONTRACT 2012-2013 - TARRANT COUNTY SAMARITAN HOUSING, INC. 28
'�' Qanaooad�
� *OR' naaoa
A► a a
Tarrant County Samaritan Housing, Inc. EXHIBIT A
Samaritan House Supportive Services PROGRAM SUMMARY
PROGRAM SUMMARY
Housing Opportunities for Persons with AIDS
(HOPWA)
October 1, 2012 to September 30, 2013
PERIOD
PROGRAM:
$301,665.92
AMOUNT
The Program provides each Unduplicated Client with supportive services such as meals and
nutrition counseling, social work case management, and substance abuse counseling.
Services will be available at 929 Hemphill Street, Fort Worth, Texas 76104. from 9 am to 5
pm, Monday through Friday.
No more than 7% of the HOPWA funds will be used to pay for administrative costs,
including salaries, insurance, taxes, and legal and accounting fees associated with the
Program.
REGULATORY CLASSIFICATION:
IDIS Matrix Code(s) and Service Category: 31D HOPWA Project Sponsor Administration
31C HOPWA Project Sponsor Activity
National Objective Citation: Not Applicable
Regulatory Citation(s): 24 CPR 574.300(b)(10)
24 CFR 574.300(b)(7)- Supportive Services
Based on the nature of the service provided, Agency will maintain documentation that
verifies that 100% of clients served by the Program are eligible under HOPWA
Regulations.
PROGRAM GOALS:
Provide services to approximately 104 Unduplicated Clients.
EXHIBIT A - TARRANT COUNTY SAMARITAN HOUSING, INC.
1
LEGAL, FINANCIAL, AND INSURANCE
1
ADMINISTRATIVE
Salaries
FICA
Life Insurance
Health/Dental Insurance
Disability Insurance
Unemployment -State
Accounting/Annual Audit
TOTAL ADMINISTRATIVE EXPENSES
% Administrative Cost
PROGRAM PERSONNEL
Salaries
FICA
Life Insurance
Health/Dental Insurance
Unemployment
Worker's Compensation
Retirement
SUPPLIES AND SERVICES
Office Supplies
Office Equipment Rental
Postage
Printing
MISCELLANEOUS
Construction/Building Materials (only REACH)
Contract Labor (City needs copy of contract before
expenses can be reimbursed) Dietician
Craft Supplies
Field Trip Admission Expenses
Other Field Trip Expenses (if preapproved by City)
Food Supplies/Congregate Meals
Teaching Aids
FACILITY AND UTILITIES
Telephone
Electric
Gas
Water and Wastewater
Solid Waste Disposal
Rent (City needs copy of lease before expenses can be
reimbursed) Property Tax
Custodial Services
Repairs
Medical Supplies
Fidelity Bond or Equivalent
Directors and Officers
General Commercial Liability
Contract Accounting
DIRECT ASSISTANCE
Childcare Scholarships
Short-term Rent Assistance
Short -tern Mortgage Assistance
Short -tern Utilities Assistance
Tenant Based Rental Assistance
TOTAL
EXHIBIT B - BUDGET
Account I
1001
1002
1003
1004
1005
1006
1007
2001
2002
2003
2004
2005
2006
2007
3001
3002
3003
3004
4001
4002
4003
4004
4005
4006
4007
5001
5002
5003
5004
5005
5006
5007
5008
5009
6001
6002
6003
6005
7001
7002
7003
7004
7005
Gray t
Budget
14,400
1,101
100
1,966
432
3,117
21,116
7%
223,277
17,081
1,500
19,024
2,698
2,832
1,500
1,500
137.92
150
2,500
3,500
450
4,400
A
25,301
1,936
815
4,626
1,285
1,213
35,176
308,570
23,606
5,828
34,455
8,608
13,283
2,181
1,706
200
250
23,041
53,897
7,927
6,405
35,590
$301,665.92 $560,723.00
FUNDING A: RYAN WHITE I, II, AND STATE SERVICES
FUNDING B: HOPWA SPNS COMPETITIVE TCCD
FUNDING C: SUPPORTIVE HOUSING PROGRAM- SHP/TCHC/CONTINUUM OF CARE/GRACE VILLAGE
FUNDING D: FUNDRAISING, FOUNDATIONS, PRIVATE CONTRIBUTIONS
13
11,844
906
75
1,184
355
14,364
118,250
9,046
1,125
9,118
2,145
4,500
1,000
622
2,664
566
5,265
9,760
i
C
408
1,013
1,421
183,203
14,015
1,412
15,833
4,719
5,760
656
186
1,140
6,526
6,000
25,271
6,000
7,000
10,800
11,120
3,600
8,126 6,000
101,041
115,631
$302,182.00
Exhibit B - Tarrant County Samaritan Housing, Inc
$411,703.00
1
D
306,268
23,461
710
15,224
122
11,657
357,442
224,823
17,198
2,700
28,570
1,330
4,625
4344
6,320
2,032
1,498.08
11,684
2,000
5,000
2,970
2,000
200
2,880
1,473
475
1,273
6,788
6,500
$694,125.08
TOTAL
358,221
27,404
1,700
23,000
2,194
17,000
429,519
1,058,123
80,946
12,565
107,000
19,500
31,000
5,000
11,187
7,000
4,500
12,500
34,982
66,157
8,000
30,271
2,970
8,000
7,000
11,000
14,000
16,500
925
1273
31719
35,590
223,172
2,270,399
The following tables are purely informational and were created solely for purposes of preparing negotiating, and
determining the reasonableness of the overall line item budget on the first page of this EXHIBIT B - BUDGET and
are not to be considered part of the terms and conditions of this Conti act. Contractor may make changes to any
column except the `Position" column in the Salaiy Detail" table without the City's consent so long as the total
amounts charged to the grant do not exceed the line items on the first page of the EXHIBIT B - BUDGET."
Changes to the column labeled "Position" may only be made with the prior written consent of the City.
Position Name
CEO
COO
CFO
Administrative Assistant
Food Service Manager
Cook
Cook 2
Cook 3
Medical Case Manager
Social Work Case
Manager
RCA Lead
RCA
RCA 2
RCA 3
RCA 4
RCA 5
RCA 6
Driver\Maintenance
Family Health\Education
Coordinator
Property Manager
Property Support AA
LCDC
LCDC
Support Services
Manager
Mental Health Counselor
Social Work Case
Manager
Housing Coordinator
FICA
Life Insurance
Health/Dental Insurance
Unemployment
Workeis Compensation
Retirement
Office Supplies
Office Equipment Rental
Postage
Printing
Rate
47.08
32.89
32.55
16.35
18.74
13.13
12.75
9.00
27.24
14.86
12.02
11.00
11.00
11.00
9.00
11.00
11.00
17.34
15.29
21.29
9.00
17.31
15.87
17.31
50.00
0
0
Percent of Payroll
7.65
1.0
9.17
1.53
2.18
SALARY DETAIL
Annual Hours
2,080
2,080
2,080
2,080
2,080
2,080
2,080
1,333
2,080
2,080
2,080
2,080
2,080
1,040
1,040
520
520
2,080
2,080
2,080
2,080
2,080
2,080
2,080
240
0
0
FRINGE DETAIL
Amount
108,350
14,265
130,000
21,694
31,000
Percent to Grant
5
17.5
8.9
10
33
41
43
60
14
47
64
85
66
61
80
26
26
40
55
7
75
11
11
50
25
0
Amount to Grant
5,000
12,000
6,000
3,400
13,000
12,000
11,500
7,200
8,000
14,500
16,000
19,500
15,000
7,000
7 500
1 500
1 500
14,477
17,500
3,000
13,500
4,000
3,600
18,000
3,000
0
0 0
Percent to Grant
16.78
11.21
16.14
14.42
9 13
SUPPLIES AND SERVICES
Total Budget Percent to Grant
11,187 13.40
7,000 21.42
4,500 3.06
12,500 0
MISCELLANEOUS
Exhibit B - Tarrant County Samaritan Housing, Inc
Amount to Grant
18,182
1,600
20,990
3,130
2,832
Amount to Grant
1,500
1,500
137.92
0
Total Budget 1 Percent to Grant Amount to Grant
Contract Labor - Dietician 34,832 1 .43 150
Craft Supplies 0 J 0 0
Facility Fees 0 1 0 0
Field Trip Costs 0 1 0 0
Food Supplies 66,157 1 3.77 2,500
Teaching Aids 0 1 0 0
Exhibit B - Tarrant County Samaritan Housing, Inc.
Telephone
Electric
Gas
Water and Wastewater
Solid Waste Disposal
Rent/Property Tax
Custodial Services
Repairs
Medical Supplies
Fidelity Bond (or Equivalent)
General Commercial Liability
Directors and Officers
Contract Accounting
Childcare Scholarships
Short -Term Rent Assistance
Short Term Mortgage Assistance
Short Term Utilities Assistance
Tenant Based Rental Assistance
FACILITY AND UTILITIES
Total Budget Percent to Grant
8,000
30,271
2,970
8,000
7,000
11,000
14,000
16,550
1
1
1
1
0
0
0
0
0
0
0
0
21.45
LEGAL, FINANCIAL AND INSURANCE
Total Budget
925
31,819
1,273
0
Percent to Grant
48.64
13.83
0
0
DIRECT ASSISTANCE
Total Budget
35,590
0
0
0
0
Percent to Grant
0
0
0
0
0
Exhibit B - Tarrant County Samaritan Housing, Inc.
Amount to Grant
0
0
0
0
0
0
0
0
3,500
Amount to Grant
450
4 400
0
0
Amount to Grant
0 1
0
0
0
0
EXHIBIT C — Audit Certification Form
[See attached]
AUDIT CERTIFICATION FORM AND AUDIT REQUIREMENTS
Agency:
Fiscal Year Ending:
ia VVaJL4
R/3o
cLc uj 44 172-0 1-1015/4 kt
J
Vouring the fiscal year in which funds will be received, we will exceed the federal expenditure
threshold of $500,000. We will have our Single Audit or Program Specific Audit completed and
will submit the A-133 audit report within seven (7) months after the end of the audited fiscal year
or thirty (30) days within its completion, whichever is the earlier date.
❑ During the fiscal year in which funds will be received, we will not exceed the $500,000 federal
expenditure threshold required for a Single Audit or a Program Specific Audit to be performed this
fiscal year. (Fill out schedcrle below)
Federal Grantor
Federal Expenditure Disclosure
MUST be filled out if Single Audit or Program Audit is NOT required.
Pass Through Program Name & Contract
Grantor CFDA Number Number
Expenditures
i
i
Total eral_Expenditures for this Fiscal Year:
slignatory and Title
i
i
/6 / 67/
iba[e
Failure to submit this or a similar statement or failure to submit a completed single audit package as
described in the federally required audit requirements described in OMB Circulars A-133 by the
required due date may result in suspension of funding and may affect eligibility for future funding.
Notwithstanding the above, this certification acknowledges the agency's commitment to meet all
other financial reporting, financial statements, and other audit requirements as may be set forth
in the Contract.
Exhibit D - Reimbursement Forms
[See attached]
City,
Period
Agency:
Address:
State, Zip:
Program:
of Service:
Program
INVOICE
Amount
This Invoice Cumulative to Date
Ili Ian 1101111111111111111
Agency's Certification. I certify that the costs incurred are valid and
consistent with the terms and conditions of the contract between City and
Agency By signing this invoice, I certify that to the best of my knowledge
and belief the data included in this report is true and accurate. It is
acknowledged that the provision of false information could leave the
certifying official subject to the penalties of federal, state, and local law.
Signature and Date:
Name:
Title:
Line No.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
Total
Agency:
Program:
heck No.
Payee
Attachment II
City of Fort Worth
Housing and Economic Development Department
Expenditure Worksheet
Please group like account codes.
Account Code
Description` (See Key to Right) Amount
*Payroll must identify employee. Rent must identify tenant. Other payments should identify individuals, if applicable.
Expense Line Item
ADMINISTRATIVE (HOPWA Only)
Salaries
FICA
Life Insurance
Health Insurance
Unemployment -State
Accounting_
PROGRAM PERSONNEL
Salaries
FICA
Life Insurance
Health\Dental Insurance
Unemployment
Worker's Compensation
SUPPLIES AND SERVICES
Office Supplies
Office Equipment Rental
Postage
MISCELLANEOUS
Contract Labor - Dietcian
Food Supplies
Medical Supplies
LEGAL. FINANCIALS AND INSURANCE
Fidelity Bond or Equivalent
General Commercial Liability
Account
1001
1002
1003
1004
1006
1007
2001
2002
2003
2004
2005
2006
3001
3002
3003
4002
4006
5009
1
6001
6003 I
Agency:
Program:
Month:
Instructions:
Name
1
2
3
4
5
6
7
6
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
ATT III
UNDUPLICATED CLIENT DATA REPORT
NUMBER OF NEW CLIENTS SERVED THIS MONTH:
TOTAL UNDUPLICATED CLIENTS SERVED, ENTIRE CONTRACT PERIOD:
This report Is meant to list a0 unduplicated clients served duringthe contract year (October 1,2012to Septembor30, 2013). Each month, please add any new, previously unreported clients. You will also attach eligibility documentation for each new clien
Se% Ethnicity Disabled HH Income FHOH
(Indicate One) (Indicate One) Race (IndkaleOne)
(Indicate Oro) (Only choose 1 otthe 4 columns) (Indicate One)) '
<30%AMI 3ISO% 5b80% >HO% AMI
AMI Alt
Street Address 1414.550 14524,250 1444300 13444300
Ape Hit size
Merlon241 Merlon6.600 2427,700 2443.750 2443.750
Male Female Indian or Yea No 3418,700 3431.150 3449.850 3449.650 Yee No
Noave American Atoka Other 4420 750 4434 600 44,55,350 4>555,350
American 'Hawaiian Indianan Stack of NAt4e419d Multiple 5422,450 5437.400 5459.800 5>559.800
Indiah or Black or or Othat Meeker(African Blackot Race 8414.100 6440150 I8484.25016>584.250
Non. Alaskan Atrium Pnrc Native and Asian and American African Cambinotl 7425.750 7442.950 7468,85017,488650
Hispanic Hem* Natse Asian Amarlaan ' Intender White Whke Whlta andWhoe Amerlonn one' 45 8427400 84700 6473.100 e>S73100
I i
I
1
)
Exhibit E — Self Certification Forms
[See attached]
Revised as of August 1, 2012
Applicant Name.
Current Address:
City and Zip:
City of Fort Worth
CERTIFICATION OF INCOME STATEMENT
Phone #:
Household Members and Income
(including applicant)
Last Name First Name Age Monthly Source of Income
Income $$
1
1
1
1
TOTAL NUMBER OF FAMILY MEMBERS
Total Gross Annual Household Income*
(Include Yourself, Spouse, Children, etc.)
PERSONAL INFORMATION: (Check one in each item. This Information is Required for Federal Reporting Purposes)
a. ■ MALE b. ❑ WHITE ❑ BLACK/AFRICAN AMERICAN [1 BLACK/AFRICAN AMERICAN & WHITE
❑ FEMALE ■ AMERICAN INDIAN/ALASKAN NATIVE 0 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 El 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
Household Size: Gross Annual Income•
Applicable Income Limit: Is Applicant Eligible?
Person Making Determination: Date:
NOTE: Address, income amounts and sources for ALL household members are required.
Revised as of August 1, 2012
Ciudad de Fort Worth
CERTIFICACION DE DECLARACION DE INGRESOS
Nombre del Solicitante:
Direccion de Actualidad: Telefono:
Ciudad y Codigo Postal.
Miembros Del Hogar e Ingresos
(Incluyendo el/la Solicitante)
Apellido Nombre Edad Ingreso Origen de Ingresos
Mensual
* TOTAL NUMERO DE MIEMBROS DEL HOGAR (Incluyase Usted.)
Total Anual de Ingresos del hogar
**INFORMACION PERSONAL: (Seleccione uno en cada articulo Esta informacion es requerida por el Gobierno federal.)
a. ❑ MASCULINO b. ❑ BLANCO ❑ NEGRO/AFRICANO AMERICANO ❑ NEGRO/AFRICANO AMERICANO & BLANCO
❑ FEMININO ■ INDIO AMERICANO/NATIVO DE ALASKA ■ ASIATICO
INDIO AMERICANOINATIVO DE ALASKA & BLANCO ❑ ASIATICO & BLANCO
NATIVO HAWAIANO/OTRO DE LAS ISLAS PACIFICAS ❑ BALANCE/OTRO
INDIO AMERICANO / NATIVO DE ALASKA & NEGRO/AFRICANO AMERICANO
■
■
c. ETHNICIDAD d. INCAPACITADO e. 1,ES LA CABEZA DEL HOGAR MUJER?
❑ HISPANO ❑ SI ■ SI
NO-HISPANO ❑ NO ❑ NO
■
Certificacion•
Yo certifico que la informacion que yo estoy proporcionando es verdadera y puedo ser sujeto a verificacion a
cualquiera hora por tercera parte. Yo tambien reconozco que la provision de informacion falsa puede dejarme
sujeto a penalidades Federales, Estatales, y a ley local.
Fiinia 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 0
FRAUDALENTAS A CUALQUIER DEPARTAMENTO DE GOVIERNO DE LOS ESTADOS UNIDOS.
Para ttso de einpleos de la agenda:
# De Miembros de Familia: Ingreso Anual:
Limite de Ingreso: LEs solicitante elegible? :
Persona haciendo la determinacion• Fecha:
Note: La direccion de la casa y los ingresos (y sus origenes) para todos miembros del hogar son requeridos.
Revised as of August 1, 2012
j 30%AMI
1 50%AMI
1 80% AMI
Exhibit F — 2012 HUD Income Limits
2012 Median Family Income — Fort Worth/Arlington, TX
1 Person 2 Persons 3 Persons 4 Persons 5 Persons 6 Persons 7 Persons 8 Persons
$14,550 $16,600 $18,700 $20,750 $22,450 $24,100 $25,750 $27,400 1
$24,250 $27,700 $31,150 $34,600 $37,400 $40,150 $42,950 $45,700 1
$44,300 $43,750 $49,850 $55,350 $59,800 $64,250 $68,650 1 $73,100 1
NT0
0 f t i}ta Housing Opportunities for Persons with AIDS (HOPWA) Program
ca Z.
nG9CAPER/IDIS Beneficiary Verification Worksheets, October 2009
s'1N o EV r
The CAPER/IDIS Beneficiary Verification Worksheets have been created to complement the
standard use of the HOPWA Consolidated Annual Performance and Evaluation Report (CAPER) to
allow for provided required information on beneficiaries. The worksheet also will help avoid issues
with inconsistencies between HOPWA reporting requirements, as issued January 24, 2008 and the
screens as shown in the newly released IDIS Online. The HOPWA CAPER (form HUD-40110-D,
expiration date 12-31-2010) continues as the standard format for HOPWA annual reporting. In
addition to essential data on project setup and disbursement of funds, a few other reporting elements
have been provided only through IDIS in the pats and are included on the worksheets. In addition to
addressing the inconsistencies in these elements, the worksheets will help reduce any need for further
data verification by providing this step to confirm annual grantee data on these elements at the
beginning of the data compilation on these reports. Please note, the system enhancements and this
use of the worksheets is part of an effort to streamline reporting
The Office of HIV/AIDS Housing is providing the following guidance:
• Continue to report annual accomplishment data in the HOPWA CAPER. To comply with
the approved paperwork collection authority for HOPWA, grantees must continue using the
approved HOPWA CAPER (form HUD-40110-D. Expiration Date 12/31/2010)) to provide annual
performance information.
• Complete the CAPER/IDIS Beneficiary Verification Worksheets. Grantees will submit the
HOPWA Beneficiary Verification Worksheets that provide data elements on client demographics
and other accomplishment details currently not collected in the CAPER but previously reported in
IDIS. Formula grantees will complete the worksheets and submit them to the Office of HIV/AIDS
Housing (and HUD Field Office) with their completed CAPER (for as a supplement, if the 08-09 CAPER
has already be filed for grantees reporting during 2009. Pending future IDIS modernization efforts,
grantees do not need to report beneficiary or accomplishment data in HOPWA screens shown
in IDIS Online. This will simplify reporting by allowing grantees to report this data only once.
• Continue to use IDIS to setup projects and access funds. HOPWA Formula grantees will still
be required to use IDIS for project/activity set-up and financial draw -downs. Grantees will
continue to follow the guidance IDIS for HOPWA Grantees: A Guide to Using IDIS and tie HOPWA
projects to a single funding allocation, and activities to each program year.
• Record Keeping. Names and other individual information must be kept confidential, as
required by 24 CFR 574.440. However, HUD reserves the right to review the information used to
complete the CAPER/IDIS Beneficiary Verification worksheets for grants management oversight
purposes, except for recording any names and other identifying information. Information is
reported in aggregate to HUD without personal identifications. Do not submit client or personal
information in data systems to HUD or addresses of confidential sites.
HOPWA Grantee CAPER Verification Worksheets (9.29.2009)
Page 1
Overview on reporting formats:
HOPVV'A Formula GrantRepoing_�
Performance Data
Grantee Sponsor and Sub -recipient
Information
• Narratives
• Unmet Need
Leveraging
Accomplishment Data
• Housing Outputs
• Supportive Services
CAPER
Part 1
Part 2
Part 3
Performance Outcomes Part 4
Access to Care and Support
Housing Stability Part 5
Certification of Part 6
Facility -based Stewardship Units
IDIS
Verification
Worksheets
Information of Individuals, Beneficiaries, and Part 1
Households
• # individuals living with HIV/AIDS
• Special needs
• Prior living situation
• # of HOPWA beneficiaries
• Age and Gender
• Race and Ethnicity
• Median Income
Facility -based Housing Assistance
HOPWA program activities set-up
Financial draw -downs
`Projects/Activities' Tab
`Funding/Drawdown' Tab
Part 2
SEND: CAPER and worksheets are to be sent to HUD Field Offices and HQ (HOPWA@hud.gov)
HOPWA Grantee CAPER Verification Worksheets (9.29.2009)
Page 2
HUD Grant Number Operating Year for this report
From Ono /dd/yy) To (nun/dd/y3)
■
Grantee Name
Yr 1; ❑ Yr 2; ❑ Yr 3; ■ ExtYr
Part l: Summary Overview of Grant Activities: Information on Individuals, Beneficiaries, and Households
Receiving HOPWA Housing Assistance
Chart a. Individuals Served with Housing Assistance
Total number of individuals with HIV/AIDS who received HOPWA housing assistance
Total
Chart b. Special Needs Total
Number of HOPWA eligible individuals served with Housing Assistance who are veterans?
Number of HOPWA eligible individuals served with Housing Assistance who were chronically homeless?
Chart c. Prior Living Situation: Indicate the prior living arrangements for all eligible individuals, referenced in Chart a, who received
HOPWA housing assistance. Note: The total number of eligible individuals served in Row 17 should equal the total number of
individuals served through housing assistance reported in Chart a above.
Category
1. Continuing to receive HOPWA support from the prior operating year
New Individuals who received HOPWA Housing Assistance support during Operating Year
Place not meant for human habitation
2' (such as a vehicle, abandoned building, bus/train/subway station/airport, or outside)
3. Emergency shelter (including hotel, motel, or campground paid for with emergency shelter voucher)
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
Transitional housing for homeless persons
Permanent housing for formerly homeless persons (such as Shelter Plus Care, SHP, or SRO Mod Rehab)
Psychiatric hospital or other psychiatric facility
Substance abuse treatment facility or detox center
Hospital (non -psychiatric facility)
Foster care home or foster care group home
Jail, prison or juvenile detention facility
Rented room, apartment, or house
House you own
Staying or living in someone else's (family and friends) room, apartment, or house
Hotel or motel paid for without emergency shelter voucher
Other
Don't Know or Refused
TOTAL (sum of items 1-16)
Number of HOPWA
Eligible Individuals
Served with Housing
Assistance
HOPWA Grantee CAPER Verification Worksheets (9.29.2009) Page 3
Section 2. HOPWA Beneficiaries.
a. Total Number of HOPWA Beneficiaries Served with Housing Assistance
Individuals and Families Served with Housing Assistance
1. Number of individuals with HIV/AIDS who received HOPWA housing assistance (Chart a page 4)
2. Number of other persons residing with the above eligible individuals in HOPWA-assisted housing
3. TOTAL number of beneficiaries served with Housing Assistance (Rows 1 + 2)
Total Number
In Charts b and c below, indicate the age, gender, race and ethnicity for all beneficiaries referenced in Chart a. Note: The sum of each of the following
charts should equal the total number of beneficiaries served with HOPWA housing assistance (in Chart a, Row 3).
b. Age and Gender
Category
1. Under 18
2. 18 to 30 years
3. 31 to 50 years
4. 51 years and Older
c. Ra :e and Ethnicity*
Category
1. American Indian/
Alaskan Native
2. Asian
3. Black/Afncan American
Male
Total
Beneficiaries
Served with
Housing
Assistance
Female
Total
Beneficiaries
also identified as
Hispanic or
Latino
Category
American Indian/
Alaskan Native &
White
7. Asian & White
Black/African
Amencan
and White
4. Native Hawaiian/Other 9. American Indian/
Pacific Islander Alaskan Native &
Black/Afncan
American
5. White ( 10. Other Multi -Racial
*Reference (data requested consistent with Form HUD-27061Race and Eth tic Data Reporting Form)
Section 3. Household Income
Total
Beneficiaries
Served with
Housing
Assistance
Total
Beneficiaries
also identified
as Hispanic or
Latino
a. Household Area Median Income. Report the area median income(s) for all households served with HOPWA housing assistance. The total
number of households served with housing assistance should equal total households reported in Part 3C, Section 1, Line 6 of the CAPER. Note:
Refer to www.hud eov for information on area median income in your community.
Percentage of Area Median Income
1. 0-30% of area median income (extremely low)
2. 31-50% of area median income (very low)
3. 51-60% of area median income (low)
4. 61-80% of area median income (low)
HOPWA Grantee CAPER Verification Worksheets (9.29.2009)
Households Served with Housing Assistance
Page 4
Part 2: Summary of Project Sponsor Information- Facility -based Housing Assistance
Complete this following section for each facility being developed or supported through HOPWA funds
In Chart 1, provide the name of the organization designated or selected to serve as a project sponsor, as defined by CFR 574.3. This
should correspond to information reported in Part 1, Chart 2 of the CAPER.
1. Project Sponsor Agency Name
Complete the following section for each facility being developed or supported through HOPWA funds. Complete Charts 2a Project
Site Information and 2b Type of Capital Development Project Units for all development projects, current or previous. Charts 3a and
3b are required for each facility In Chart 2a, and 2b, indicate the type of facility and number of units in each facility. If no
expenditures were reported but the facility was developed with HOPWA funds (subject to ten years of operation for acquisition, new
construction and substantial rehabilitation costs of stewardship units, or three years for non -substantial rehabilitation costs) the project
sponsor should complete the "HOPWA Housing Project Certification of Continued Usage Form" at the end of the report.
2a. Project Site Information for Capital
Type of
Development HOPWA Funds
Expended
❑ New construction
❑ Rehabilitation
Acquisition
■
a. Purchase/lease of property:
b. Rehabilitation/Construction Dates:
c.
Operation dates:
Date supportive services began:
e. Number of units in the facility:
f.
Development of Projects (For Capital Development Projects only)
Type of Facility
[Check only one box.]
Non-HOPWA
funds
Expended
Is a waiting list maintained for the facility?
What is the address of the facility (if different from business address)?
Is the address of the project site confidential?
❑ Permanent housing
Short-tenn Shelter or Transitional housing
Supportive services only facility
■
Date (mm/dd/yy):
Date started:
Date residents began to occupy:
Not yet occupied
Date Completed:
Date started:
❑ Not yet providing services
HOPWA-funded units = Total Units =
❑ Yes ❑ No
Ifyes, number of participants on the list at the end of operating year
❑ Yes, protect information; do not publish list.
❑ No, can be made available to the public.
HOPWA Grantee CAPER Venfication Worksheets (9.29.2009) Page 5
2b. Type of Capital Development Project Units (For Capital Development Projects only)
For units entered above (1 a) please list the number of HOPWA units that fulfill the following criteria.
Designated for the Designated Energy -Star 504 Accessible Years of affordability
chronically for assist Compliant (IN YEARS)
homeless the
homeless
Rental units constructed
(new) and/or acquired
with or without rehab
Rental units rehabbed
Homeownership units
constructed (if approved)
3. Units assisted in types of housing facility/units leased by sponsor
Indicate the type and number of housing umts in the facility, categorized by the number of bedrooms per unit. Note: The number of
units may not equal the total number of households served. Please complete this page fow each housing facility assisted.
a. Check one only.
Permanent Supportive Housing Facility/Units
Short-term Shelter or Transitional Supportive Housing Facility/Units
b. Type of Facility
Type of housing facility operated by the
project sponsor
SRO/0
bdrm
a. Single room occupancy dwelling
b. Community residence
c. Project -based rental assistance units or leased units
d. Other housing facility. Specify:
Total Number of Units Operated in the Operating Year
Categorized by the Number of Bedrooms per Units
1 bdrm
2bdrm 3 bdrm 4 bdrm
5+bdrm
++4��.�_+#�¢
sss*
N• 4•+tC++ +
The following guidance applies to all HOPWA grantees using IDIS Online to set up their projects, activities and draw
funds.
IDIS ONLINE
HOPWA grantees must use IDIS Online for project set up and for disbursement of funds. However, in reporting the
performance outcomes and beneficiary information on these projects, an alternative method should be used The
HOPWA path data fields in IDIS Online do not correspond in many repotting elements to the revised HOPWA CAPER
(form HUD-40110-D) as issued by HUD on January 24, 2008. An updating of the reporting screens remain pending. As
such, HOPWA grantees will be required to report program accomplishment data in the CAPER and their beneficiary data
HOPWA Grantee CAPER Verification Worksheets (9.29.2009) Page 6
in the HOPWA Beneficiary Verification Worksheets (see below, with copy to be send by direct email). Given the
differences between the required data and the existing IDIS screens, HOPWA grantees do not need to report
beneficiary or accomplishment data in IDIS Online. This guidance will simplify the reporting process by allowing
grantees to report the essential performance data only once and the use of a verification step up front should reduce
needs for later corrective actions.
This reporting guidance takes affect immediately; including reports now pending from HOPWA grantees whose
program years run July to June. If grantees have already consolidated their annual HOPWA project data and attempted
to report this project and beneficiary data in IDIS and in their CAPER, the Office of HIV/AIDS Housing requests that they
use this consolidated data to complete the Verification Worksheets to allow the office access the grantee validated annual
data in the formats established ill 2008. These would be sent to HUD in your state or area CPD office as part of the
CAPER and the HOPWA sections to this HQ office (via email to HOPWA(dihud. pov or other means)
Note: All HOPWA grantees must continue to set up IDIS projects and activities in IDIS per the HOPWA IDIS Guide and
use the enhanced system for drawing down funds and reporting in the IDIS Common Path.
IDIS Online has been streamlined to eliminate several fields from the "common oath". Additionally. matrix codes have
been replaced with Activity Categories (selected from a drondown list).
1. HOPWA projects must be set up in IDIS as the organization directly carrying out the activity. Projects
should correspond to the year of the funding allocation.
2. Activities must be set up for the grantee and each project sponsor. Activities should correspond to a
program or reporting year.
DRAWING FUNDS,
Once an activity is properly set up in IDIS, funds can be committed and then drawn down.
1. On the Activity Funding screen, select the activity that requires funding.
2. Select the program code for HOPWA (` H") and enter the dollar amount in the Funded Amount field.
HOPWA Beneficiary Verification Worksheets
in lieu of submitting required HOPWA performance data through IDIS, grantees will be complete the CAPER Beneficiary
Verification Worksheets (available on HUD's website). The information collected (beneficiary demographics, supportive
services, housing facilities), will be the same as that authorized to be collected on HOPWA accomplishments and should
be an easy form to use, pending related system enhancements. HUD expects that this use of a worksheet will also reduce
the need for verification actions and corrections to the data that have been undertaken in prior years.
The 2008 edition of the HOPWA CAPER form will continue as the primary performance reporting document for HOPWA
formula grantees. HOPWA formula grantees will complete and submit the CAPER and the HOPWA Beneficiary
Verification Worksheets within 90 days of the end of their program year
it is expected that the use of the IDIS Online enhances for project setup and disbursements will be of great value to
programs and that annual reporting on these project activities will be connected in these related efforts. Grantees must
continue to link their IDiS projects and activities in IDIS Online to corresponding data for annual accomplishments as
submitted through the CAPER for their program year.
For more information, please see the HOPWA information posted on the program's section of the HUD Homelessness
Resource Exchange website at www.HUDHRE.info/HOPWA.
Inquiries on this matter can be sent to HOPWA & hud.aov.
HOPWA Grantee CAPER Verification Worksheets (9.29.2009) Page 7
M&C Review
•
FORTWORTH
OUNC GENDA
COUNCIL ACTION: Approved As Amended on 8/7/2012 -Ordinance No. 20316-08-2012
CONTINUED FROM A PREVIOUS WEEK
DATE• 7/24/2012 NEOFERENCE • C-25767 LOG NAME:
17HUDACTPLANPY12-
13
CODE: C TYPE:NON- PUBLIC
YES
CONSENT HEARING
SUBJECT: Conduct a Public Hearing and Approve City's 2012-2013 Action Plan for the Use of
Federal Grant Funds from the United States Department of Housing and Urban
Development in the Amount of $9 278,851 00 for Program Year 2012-2013 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 Application of
Indirect Cost Rates, Authorize Execution of Related Contracts and Interdepartmental
Letters of Agreement and Adopt Appropriation Ordinance (ALL COUNCIL
DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council:
1. Conduct a public hearing to allow citizen input and consideration of the City's 2012-2013 Action
Plan for use of federal grant funds from the United States Department of Housing and Urban
Development in the amount of $9,278,851.00 for Program Year 2012-2013 from the Community
Development Block Grant, HOME Investment Partnerships Program, Emergency Solutions Grant
and Housing Opportunities for Persons with AIDS grant programs and for the use of program
income from activities using prior years' federal grant funds;
2. Approve the City's 2012-2013 Action Plan for submission to the United States Department of
Housing and Urban Development including allocations of grant funds to particular programs and
activities as detailed below;
3. Authorize the collection and use of an estimated $50,000.00 of program income resulting from
activities using prior years' Community Development Block Grant funds for the programs and
activities detailed below;
4. Authorize the collection and use of any program income resulting from activities using prior
years HOME Investment Partnerships Program funds for the City's Homebuyer Assistance
Program,
5. Authorize the City Manager, or his designee, to execute contracts and interdepartmental Letters
of Agreement for a one year term with the agencies listed below in Tables 1, 2, and 3 for Program
Year 2012-2013 for Community Development Block Grant, Emergency Solutions Grant and
Housing Opportunities for Persons with AIDS grant funds contingent upon receipt of funding;
6. Authorize the City Manager, or his designee, to extend the contracts and interdepartmental
Letters of Agreement for up to one year if an agency or department requests an extension and
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=17008&councildate=8/7/2012[8/13/2012 11:48:42 AM]
M&C Review
such extension is necessary for completion of the program;
7. Authorize the City Manager, or his designee, to amend the contracts and interdepartmental
Letters of Agreement if necessary to achieve program goals, provided any amendment is within
the scope of the program and in compliance with City policies and all applicable laws and
regulations governing the use of federal grant funds;
8. Apply indirect cost rates as applicable for the Grants Fund in accordance with the City's
Administrative Regulations; and
9. Adopt the attached appropriation ordinance increasing the estimated receipts and
appropriations to the Grants Fund in the total amount of $9,278 851 00 ($5,830,119 00 in
Community Development Block Grant funds, $1,973,169.00 in HOME Investment Partnerships
Program funds, $532,857.00 in Emergency Solutions Grant funds and $942,706.00 in Housing
Opportunities for Persons with AIDS funds) plus any program income, all subject to receipt of such
funds.
DISCUSSION:
The City's Action Plan is a comprehensive summary of the major housing and community
development activities programs and proposed expenditures for the use of federal grant funds in
the amount of $9,278,851.00 from the United States Department of Housing and Urban
Development (HUD) for the program year beginning October 1, 2012 and ending September 30,
2013 from the Community Development Block Grant (CDBG), HOME Investment Partnerships
Program (HOME), Emergency Solutions Grant (ESG) and Housing Opportunities for Persons with
AIDS (HOPWA) grant programs. This year's Action Plan also summarizes the use of program
income resulting from activities using prior years' CDBG and HOME funds. The purpose of these
grant funds is to primarily benefit low and moderate income City residents, with ESG funds
primarily benefiting homeless persons and HOPWA funds primarily benefiting persons with
HIV/AIDS.
A 30-day public comment period on the City's proposed Action Plan was held from June 25 2012
to July 25, 2012. Any comments will be maintained by the Housing and Economic Development
Department in accordance with federal regulations. This public hearing on the City's Action Plan
will be the first public hearing for the HUD -required citizen participation process. A second public
hearing is proposed for August 7, 2012 at which time the City Council is scheduled to approve the
Action Plan. The City s Action Plan must be submitted to HUD by August 16, 2012.
In addition, two public hearings were held on July 16, 2012 at 9:30 a.m. and 6:00 p.m. for citizens
to provide comment on the proposed lists of neighborhood streets eligible for reconstruction using
CDBG funds. The Transportation and Public Works Department prepared a list of priority streets in
CDBG-eligible areas. The streets selected for reconstruction were based on the comments
provided at the public hearings. A complete list of the streets is attached and will be included in the
Action Plan.
The allocations in the draft Action Plan available during the public comment period were based on
funding estimates available at that time. The amounts set out below reflect the allocations from
HUD at the time of this Mayor and Council Communication (M&C). The allocations are not yet final
and if the amounts increase, Staff will bring forward another M&C to commit the additional funds
Staff developed recommendations for the allocation of the estimated funding from HUD and
presented them to the Community Development Council (CDC) on June 4, 2012. A summary of
the CDC's funding recommendations is provided below in Tables 1, 2, and 3 and a spreadsheet of
all specific funding recommendations is attached.
http://apps.cfwnet.org/council packet/mc_review.asp?ID=17008&councildate=8/7/2012[8/13/2012 11:48:42 AM]
M&C Review
For Program Year 2012-2013, the $5,830,119.00 in CDBG funds and $50,000.00 of CDBG
program income is recommended to be allocated as follows:
Housing Programs and Services - $2,124,038.00
This item includes funding for the City's Priority Repair Program, Cowtown Brush -Up, homebuyer
and housing services, and accessibility modifications to the homes of senior and/or disabled
individuals and related project delivery costs for these programs.
P ublic Services - $874,517.85
This item includes social services for low to moderate income, disabled, and disadvantaged
populations.
Community Facilities and Infrastructure - $930,596.05
This item includes funding for neighborhood streets reconstruction and streetlight installation for
the Terrell Heights neighborhood.
CDBG Economic Development - $734,943.30
This item is this year's payment of the City's Section 108 loan from HUD.
CDBG General Administration - $1,166,023.80
This item includes costs for administering the CDBG grant including allocations for Financial
Management Services, Internal Audit, and Planning and Development.
CDBG Estimated Program Income - $50,000.00
Staff recommends allocating any CDBG program received to the following items.
CASA of Tarrant County, Inc. $ 1,875.00
Cultural Arts Center
Day Resource Center for the Homeless
YWCA Fort Worth & Tarrant County
N eighborhood Street
Reconstruction
CDBG General Administration (20 percent)
Total CDBG Program Income
$ 1,875.00
$ 1,875.00
$ 1,875.00
$32,500.00
$10,000.00
$50,000.00
For Program Year 2012-2013, the $1,973,169.00 in HOME funds is recommended to be allocated
as follows:
HOME General Administration - $197,316.90
This item includes costs for administering the HOME grant.
Community Development Housing Organizations (CHDO) Set Aside - $0.00
This HUD -required minimum allocation has been met with previous years' awards to CHDOs for
nonprofit affordable housing projects and CHDO administrative operating costs.
Homebuyer Assistance Program - $1,775 852.10
This item includes funding to provide down payment and/or closing cost assistance to low and
moderate income homebuyers.
Staff anticipates the receipt of program income in the 2012-2013 Program Year from activities
using HOME funds. Any future program income will be used for the City's Homebuyer Assistance
P rogram (HAP) after the 10 percent allocation, excluding recapture, for HOME General
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=17008&councildate=8/7/2012[8/13/2012 11:48:42 AM]
M&C Review
Administration.
For Program Year 2012-2013, the $532,857.00 in ESG grant funds is recommended to be
allocated as follows:
Allocation to non-profit service providers - $492,892.72
Allocation to ESG program administration - $39,964.28
For Program Year 2012-2013, the $942,706.00 in HOPWA grant funds is recommended to be
allocated as follows:
Allocation to non-profit service providers - $914,424.82
Allocation to HOPWA program administration - $28,281.18
The CDC and Staff recommend that contracts be executed with the agencies listed below in the
amounts shown in the following tables:
Community Development Blopk Grant:
Table 1 - CDBG Agencies
Organization Program Amount
Diamond Hill and
Camp Fire USA First Texas Council Northside Station $ 75,900.00
Volunteer Advocate
CASA of Tarrant County, Inc. Training $ 30,000.00
S ubstance Abuse
Treatment
Cenikor Foundation
Clayton Child Care. Inc. d/b/a Clayton
YES!
Cornerstone Assistance Network
Cultural Arts Center
Day Resource Center for the Homeless
The Ladder Alliance
Mental Health Association of Tarrant
County
Northside Inter -Church Agency, Inc.
Senior Citizen Services of Greater
Tarrant County
Tarrant Area Food Bank
YWCA Fort Worth & Tarrant County
YWCA Fort Worth & Tarrant County
CDBG Public Service Subtotal
REACH Resource Center on
Independent Living
S chool Age Child Care
N ew Life Center/Promise
House
GED in Spanish
Counseling Services and
Case Management
Employment Training
Long Term Care
O mbudsman
Good Works/Buenas
O bras
Transportation for
Seniors
Community Kitchen/Meals
Child Development
P rogram
Power of Self
P roject Ramp
$ 75,000.00
$ 75,000.00
$ 75,000.00
$ 30,000.00
$ 31,808.50
$ 75,000.00
$ 75,000.85
$ 75,000.00
$ 75,000.00
$ 75,000.00
$ 75,000.00
$ 31.808.50
$ 874,517.85
$ 50.000.00
http://apps.cfwnet.org/council_packet/mc_review.asp7ID=17008&councildate=8/7/2012[8/13/2012 11:48:42 AM]
M&C Review
TOTAL CDBG Contracts
Emeraencv Solutions Grant:
Table 2 - ESG Agencies
Organization
Catholic Charities of Fort Worth
CFW: Parks and Community Services
P resbyterian Night Shelter
S afeHaven of Tarrant County
Day Resource Center
Program
P revention and Rapid
Re -Housing
Community Action
P artners
The Emergency Shelter
P rogram
S helter Operations and
Rapid Re -Housing
Counseling Services and
Case Management
TOTAL ESG Contracts
Housing Onnortunities For Persons With AIDS:
Table 3 - HOPWA Agencies
Organization
AIDS Outreach Center, Inc.
Tarrant County Samaritan Housing, Inc.
$ 924,517.85
Amount
$ 38,178452
$ 75,000.00
$ 167,892.72
$ 175,000.00
$ 36,821.48
492,892.72
Program Amount
Administration (three percent), $ 612,758.90
S upportive Services, TBRA, and
STRMU
Administration (three percent),
S upportive Services, and TBRA
TOTAL HOPWA Contracts
These programs are available in ALL COUNCIL DISTRICTS.
$ 301.665.92.
$ 914,424.82
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above
recommendations, adoption of the attached appropriation ordinance and receipt of grant funds,
funds will be available in the current operating budget as appropriated, of the Grants Fund.
TO Fund/Account/Centers
GR76 451727 017206280XXX
GR76 451727 017206281XXX
GR76 5XXXXX
017206281 X)Q(
GR76 5XXXXX 017206283XXX
GR76 451727 017206284XXX
GR76 5XXXXX 017206284XXX
$5.830.119.00
$5.830.119.00
$1.973.169.00
$1.973.169.00
$532.857.00
$942.706.00
$942.706.00
$50.000.00
FROM Fund/Account/Centers
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=17008&councildate=8/7/2012[8/13/2012 11:48:42 AM]
M&C Review
&R76 5XXXXX 017206280XXX $50.000.00
$532.857.00
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
17HUDACTPLANPY12-13 A012 VG(11.doc
2012-13ActionPlanFundinoRecommendations. pdf
List of Selected Streets for 2012-2013.odt
Fernando Costa (6122)
Jay Chapa (5804)
Cynthia Garcia (8187)
Avis F. Chaisson (6342)
http://apps.cfwnet.org/councilpacket/mc review.asp?ID=17008&councildate=8/7/2012[8/13/2012 11:48:42 AM]