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HomeMy WebLinkAboutContract 43588 (2)CITY SECRET . . Y y corrrwac� NO. aarTcKg 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 The Salvation Army, a Georgia corporation (hereafter "Contractor"). City and Agency may be referred to individually as a "Party" and jointly as "the Parties". The Parties state as follows: WHEREAS, City receives grant monies from the United States Department of Housing and Urban Development ("HUD") through the Emergency Solutions Grant Program ("ESG"), Program No. S-11-MC-48-0006, Catalog of Federal Domestic Assistance No. 14 231; WHEREAS, the ESG program is to provide homeless persons or persons at risk of becoming homeless with financial assistance, basic shelter ,essential supportive services, and/or operations, as applicable; WHEREAS, HUD awarded the City a second allocation of ESG funds for Fiscal Year 2011 and emphasized the use of these funds for rapid rehousing activities; WHEREAS, Agency submitted a proposal to use ESG funds for an eligible Program (defined below) under the ESG 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 ESG programs are needed by the City's citizens; NOW, THEREFORE, the Parties understand and agree as follows: 1. INCORPORATION OF RECITALS. City and Agency hereby agree that the recitals set forth above are true and correct and form the basis upon which the Parties have entered into this Contract. 2. DEFINITIONS. In addition to terms defined in the body of this Contract, the 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. ESG SUBRECIPIENT CONTRACT Rev 07/05/2012 The Salvation Army, a Georgia Corporation r OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX r No . • 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 ESG Eligible Clients. o Source Documentation sufficient to show that clients participating in the Program are ESG Eligible Clients. • Other documentation: (i) documentation to show compliance with BDE 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. Director means the Director of the City's Housing and Economic Development Department. ESG Eligible Client means an individual or household that meets 42 U.S.C. 11302the definition of "homeless" or "at risk of homelessness" in the HEARTH Act ESG Funds means City's ESG funds supplied by City to Agency under the terns of this Contract. ESG Regulations means the regulations found at 24 CFR Part 576 et seq. HEARTH Act means the Homeless Emergency Assistance and Rapid Transition to Housing Act of 2009, 42 U.S.C. 11302 et seq. HED Department or HEDD means the City's Housing and Economic Development Department. Program means the service(s) described in Exhibit A — Program Summary. Reimbursement Request means all reports and other documentation described in Section 9. Source Documentation means documentation sufficient under ESG Regulations to establish an individual or household as an ESG Eligible Client. ESG SUBRECIPIENT CONTRACT Rev 07/05/2012 The Salvation Army, a Georgia Corporation 2 3. TERM. 3.1 Term The term of this Contract begins on July 1, 2012 (the "Effective Date") and terminates on June 30, 2013 unless earlier terminated as provided in this Contract. 3.2 Extension of Contract Term. This Contract may be extended for up to 1 year upon Agency submitting a request for an extension in writing at least 60 days prior to the end of the Contract term. The request for extension shall include Agency's anticipated budget and goals and objectives for the extended term. It is specifically understood that it is within City s sole discretion whether to approve or deny Agency's request for an additional term. Any such extension must be in wasting as an amendment to this Contract. 3.3. Contract Contingent on Receipt of Adequate Funds. This Contract is contingent upon actual receipt of adequate ESG funds by City. If adequate ESG funds are not received or if City's allocation of ESG funds changes City reserves the right to amend or terminate this Contract. No funds will be available for reimbursement to Agency until the Substantial Amendment to the City's 2011-2012 Annual Action Plan regarding the use of ESG funds is approved by HUD and a grant agreement from HUD is received by City. 4. DUTIES AND RESPONSIBILITIES OF CITY. 4.1 Provide ESG Funds. City shall pay up to One Hundred Forty -One Thousand One Hundred Sixty -Five and 65/100 Dollars ($141,165.65) of ESG Funds on a reimbursement basis upon City's approval of Contractor s Reimbursement Requests. 4.2 City Will Monitor. City will monitor the activities and performance of Agency and any of its contractors or subcontractors as necessary, but no less than annually. 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 ESG Funds. 5.2.1 Expenditures in Compliance with ESG Regulations and Contract. Agency shall be reimbursed for the Program costs with ESG Funds only if City determines in its sole discretion that: ESG SUBRECIPIENT CONTRACT Rev 07/05/2012 The Salvation Army, a Georgia Corporation 3 5.2.1.1 Costs are eligible expenditures in accordance with ESG Regulations. 5.2.1.2 Costs are in compliance with this Contract and are reasonable and consistent with industry norms. 5.2.1.3 Complete Documentation is submitted by Agency. 5.2.2 Budget. Agency agrees that the ESG Funds will be reimbursed in accordance with Exhibit B - Budget. Agency may not increase or decrease line items in the Budget without Director's prior written approval, which approval shall be in the Director's sole discretion. If Director gives written approval of Contractor's proposed Budget amendment (as approved, the "Amended Budget"), then the Amended Budget will take effect on the first day of the month following the month in which it was approved by Director. No Amended Budgets will be approved after May 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. 5.2.3 Payment of ESG Funds to Agency. ESG Funds will be disbursed to Agency on a reimbursement basis upon City's approval of Contractor s written and signed Reimbursement Requests, including submission of Complete Documentation to City. 5.3 Commingled Funds. Agency will not commingle ESG Funds with any other funds in any manner that would prevent City from readily identifying expenditures for operation of the Program. ESG SUBRECIPIENT CONTRACT Rev 07/05/2012 The Salvation Army, a Georgia Corporation 4 4 5 6 7 5.4 Program Performance Milestones. Agency warrants that the Program will achieve the following milestones: 16.67% 3 25.00% 33.33% 41.67% 50.00% 58.33% 8 66.67% 9 75.00% 10 83.33% 11 91.67% 12 100% 16.67% 25.00% 33.33 41.67% 50.00% 58.33% 66.67% 75.00% 83.33% 91.67% 100% f Failure of Agency to meet the milestones or any material deviation from the milestones outlined in this Section 5 4 is a breach of this Contract. In the event of such breach, City reserves the right in its sole discretion to delay or withhold payment of Reimbursement Requests, to lower Agency's allocation of ESG Funds, or to terminate this Contract. 6. CLIENT ELIGIBILITY VERIFICATION. 6.1 Client Eligibility Agency will document the eligibility of all prospective clients. In all instances, Agency may redact the client's personal information and substitute a client number 6.1.1 Agencies Receiving ESG Funds. 6.1.1.1 Coordination of Services. Agency must be active in the local Continuum of Care ("CoC") and enter data in the local Homeless Management Information System ("HMIS"). 6.1.1.2 Homelessness Status. Agency must verify that all new clients meet the definition of homeless or at risk of homelessness in the HEARTH Act, as amended from time to time. Acceptable forms of verification include: ESG SUBRECIPIENT CONTRACT Rev 07/05/2012 The Salvation Amy, a Georgia Corporation 5 For emergency shelter services for homeless persons (including childcare for homeless clients): 1. A signed, dated statement from the client stating that the client is homeless or that the client is homeless by virtue of fleeing domestic violence. ii. For homelessness prevention- financial assistance services: 1. Documentation that the individual or family has an annual income at or below 30% of AMI, 2. Evidence documenting that the client does not have sufficient resources or support networks immediately available to prevent them from moving to an emergency shelter or another place defined in Category 1 of the "homeless" definition under the HEARTH Act, and 3. Documentation of client's reasonable prospects of resuming payment of rent or utilities, as applicable, within a reasonable time, 4. Documentation supporting the type and amount of assistance provided including, but not limited to, invoices, past due notices, and/or executed leases, as applicable, and proof of payment by Agency. iii. For rapid re -housing services- financial assistance: 1. Documentation that the individual or family meets the homeless definition in the HEARTH Act, 2. Documentation of rent reasonableness, 3. Documentation of client's reasonable prospects of resuming payment of rent and/or utilities as applicable, within a reasonable time, and 4. Evidence documenting that the client is not receiving assistance from other rapid re- housing/homelessness prevention agencies or funding sources. 5. Documentation supporting the type and amount of assistance provided including, but not limited to, invoices, past due notices, and/or executed leases, as applicable, and proof of payment by the agency. iv. For housing relocation and stabilization services: 1. Documentation that services are provided for eligible homeless and at risk of homelessness clients as defined in the HEARTH Act, and ESG SUBRECIPIENT CONTRACT Rev 07/05/2012 The Salvation Army, a Georgia Corporation 6 2. Documentation that any staff costs and or relocation/stabilization services directly benefit the eligible individual and families and are clearly distinguished from the general administration of the Program. 6.1.2 Performance Standards. Agency must verify that the program is tracking ESG activities and outcomes in accordance with the City's performance standards as described in Exhibit G - ESG Performance Standards. Data maintained in the HMIS or a comparable database is preferred. 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 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 ESG Requirements. Agency agrees to comply with all requirements of the ESG Program as stated in the ESG Regulations, including but not limited to the following: 7.1 Environmental Review. ESG Funds will not be paid, and costs cannot be incurred until City has conducted 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 ESG Funds it has already received and forfeit any future payments of ESG Funds 7.2 Contract Not Constituting Commitment of Funds. Notwithstanding any provision of this Contract, the Parties agree and acknowledge that this Contract does not constitute a commitment of funds, and that such commitment of funds or approval may occur only upon (i) satisfactory completion of environmental review and receipt by City of an authorization to use grant funds from HUD trader 24 CFR Part 58; (ii) approval of the Substantial Amendment to the City of Fort Worth 2011-2012 Annual Action Plan; and (iii) receipt by City of grant agreement from HUD. ESG SUBRECIPIENT CONTRACT Rev 07/05/2012 The Salvation Army. a Georgia Corporation 7 7.3 Monitoring. 7.3.1 Agency understands and agrees that it will be subject to monitoring by City for compliance with the ESG 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 Contractor's offices and records that are related the use of the ESG Funds, and to 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 Contractor's compliance with the terms and conditions of this Contract, and of the adequacy and timeliness of Contractor's performance under this Contract. After each monitoring visit, City shall provide Agency with a written report of the monitor's findings. If the monitoring report notes deficiencies in Contractor's performance, the report shall include requirements for the timely correction of said deficiencies by Agency. Failure by Agency to take the action specified in the monitoring report may be cause for suspension or termination of this Contract as provided herein. 7.3.4 Agency will maintain all records related to this Contract for a minimum of five years after teiniination 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 ESG 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, "Unifoini 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. ESG SUBRECIPIENT CONTRACT Rev 07/05/2012 The Salvation Army, a Georgia Corporation 8 7.7 Uniform Administrative Requirements. Agency will comply with the Uniform Administrative Requirements set forth in 24 CFR Part 576 (b), including but not limited to the policies, guidelines and requirements of OMB Circular No A-102 and OMB Circular No. A-87 as they relate the acceptance and use of emergency shelter grant amounts by States and units of general local government, and Nos. A-110 and A-122 as they relate to the acceptance and use of emergency shelter grant amounts by private nonprofit organizations. 7.8 Terms Applicable to Contractors and Subcontractors. Agency understands and agrees that all terms 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 ESG Funds or who perfouu 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 ESG Regulations and Contract provisions. Agency is liable for any failures to perform and all violations of the ESG Regulations committed by its contractors or subcontractors. City maintains the right to insist on Agency's full compliance with the tetrns 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 REQUIREMENTS. 8.1 Record Keeping. Agency shall maintain a record -keeping system as part of its performance of this Contract and shall promptly provide City with copies of any document City deems necessary for the effective fulfillment of City's monitoring and evaluation responsibilities. Specifically, Agency will keep or cause to be kept an accurate record of all actions taken and all funds spent, with supporting and back-up documentation, and all Tenant Documentation Agency will maintain all records and documentation related to this Contract for 5 years after termination of this Contract If any claim, litigation, or audit is initiated before the expiration of the 5 year period the records must be retained until all such claims, litigation or audits have been resolved. 8.1.2 Access to Records. City and any duly authorized officials of the federal government will have full access to, and the right to examine, audit excerpt and/or transcribe any of Agency's records pertaining to all matters covered by this Contract 8.2 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. Agency may also be required to submit a final performance and ESG SUBRECIPIENT CONTRACT Rev 07/05/2012 1 he Salvation Army, a Georgia Corporation 9 financial report if required by City, in such form and within such times as City may prescribe, at the termination 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 it remedies for default under this Contract. 8.3 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 REOUIREMENTS. 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 initiating procedures as outlined in Section 10 1. NOTWITHSTANDING ANYTHING ABOVE, THE REIMBURSEMENT REQUEST FOR JUNE 2013 MUST BE RECEIVED BY JUNE 20, 2013. FAILURE TO SUBMIT THE JUNE 2012 REIMBURSEMENT REQUEST BY JUNE 20, 2013 WILL RESULT IN AN AUTOMATIC FORFEITURE OF THE JUNE PAYMENT. 9 2 With each Reimbursement Request, Agency shall provide City with Complete Documentation and the following reports as shown on Exhibit D — Reporting 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 for a particular month, this report must be submitted. phis 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 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. Expenses must comply with the rates and allocations described in Exhibit B — Budget. In order for this report to be complete the following must be submitted: 9.2.2.1 For payroll expenses, timesheets signed by employees and approved by supervisor for all payroll expenses listed Timesheets must distinguish between ESG funded time and non-ESG funded time and reflect actual time spent on ESG ESG SUBRECIPIENT CONTRACT Rev 07/05/2012 The Salvation Army, a Georgia Corporation 10 funded activities. 9.2.2.2 For non -payroll expenses, invoices for each expense listed with an explanation as to how the 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 client served during the month along with their demographic information. Clients served in multiple months should be listed each month. The report shall be cumulative throughout the Program, with new clients added to the form each month. In order for this report to be complete the following must be submitted: 9.2.3.1 Documentation of income verification for each client, which will either be the Source Documentation described in Section 6 2., or the completed Form of Self Certification attached hereto as Exhibit E — Income Self Certification. This documentation shall only be submitted the first time a client is listed on Attachment III — Client Data Report. 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 other reports or documentation by the deadline stated in Section 9.1, or if the Reimbursement Request is incomplete or otherwise not in compliance with this Contract or ESG Regulations as determined 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 or other report or documentation to cure the default. If Agency fails to cure the default within such time, Agency shall forfeit any payments otherwise due that month. ESG SUBRECIPIENT CONTRACT Rev 07/05/2012 The Salvation Army, a Georgia Corporation 11 10.1.2 NOTWITHSTANDING THE PROVISIONS OF SECTION 10.1.1, IF AGENCY FAILS TO SUBMIT THE REIMBURSEMENT REQUEST DUE DUNE 20, , OR IF THE JUNE 20, 2013 REIMBURSEMENT REQUEST IS INCOMPLETE OR OTHERWISE NOT IN COMPLIANCE WITH THIS CONTRACT OR ESG 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 2 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 ESG Funds to Agency during the period that any Reimbursement Requests or reports or documentation is past due or is not in compliance with this Contract or the ESG Regulations, or dunng 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 ESG Funds awarded but unpaid to Agency pursuant to this Contract shall be immediately forfeited and Agency shall have no further right to such funds. Any funds already paid to Agency must be repaid to City within 30 days of termination under this Section Failure to repay the ESG Funds will result in City exercising all legal remedies available to City under this Contract. 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 ESG Regulations as determined by City in its sole discretion City will notify Agency in writing and Agency will have 30 calendar days from the date of the written request to obtain or recreate the missing records and documentation or submit or resubmit any such report or documentation to City. If Agency fails to maintain the required reports or documentation or 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 mtent with no penalty or liability to City In the event of termination under this Section 11.3 any ESG Funds paid to Agency must be repaid to City within 30 days of termination notice. Failure to repay such ESG 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 an) 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 ESG SUBRECIPIENT CONTRACT Rev 07/05/2012 The Salvation Polity, a Georgia Corporation 12 following receipt of such written notice but reasonably required more than thirty (30) calendar days to cure, as determined by both Parties mutually and in good faith, City shall have the right to elect, as determined in City's sole discretion, to terminate this Contract effective immediately upon written notice of such intent to Contractor, or to pursue any other legal remedies available to City. In the event of termination under this Section 10.3 all ESG Funds awarded but unpaid to Agency pursuant to this Contract shall be immediately rescinded and Agency shall have no further right to such funds In the event ESG Funds have already been paid to Agency, Agency agrees to repay them to City within 30 days of the termination If such ESG 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 ESG Funds will be paid to Agency until all defaults are cured to City's satisfaction. 10.5 No Compensation After Date of Termination. , Agency shall not receive any compensation for work undertaken after the date of the termination. 10.6 Rights of City Not Affected. Termination shall not affect or terminate any of the existing rights of City against Agency or which may thereafter accrue because of such Agency's 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. 10.7 Waiver of Breach Not Waiver of Subsequent Breach. 1be waiver of a breach of any tern, 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 perfoxni 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, subject to notice, grace and cure periods Likewise Agency may terminate this Contract if City does not provide the ESG Funds substantially in accordance with this Contract. 10.10 Termination for Convenience. In terminating in accordance with 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 ESG SUBRECIPIENT CONTRACT Rev 07/05/2012 The Salvation Army. a Georgia Corporation 13 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 perfoi ned or ESG 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 ESG Funds including cash, interest payments from loans or otherwise, all outstanding notes, mortgages or other security instruments used to secure ESG Funds any accounts receivable attributable to the use of ESG Funds, and any real or personal property owned by Agency that was acquired or improved with ESG Funds shall automatically transfer to City and this Contract shall terminate. 11. REPAYMENT OF ESG FUNDS. All ESG Funds are subject to repayment in the event the Program does not meet the requirements as set out in this Contract or in the ESG 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 ESG Funds to HUD, Agency agrees it will reimburse City for such repayment In the event of a finding or a request for repayment from HUD, whether or not repayment to HUD is required of City, Agency agrees it will pay City an additional penalty of 10% of the ESG Funds as liquidated damages. 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 ESG Funds awarded but unpaid to Agency pursuant to this Contract shall be immediately rescinded and Agency shall have no further right to such funds. Any ESG 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 keeping and reports, City ordinances, or applicable ESG requirements, and any default and enforcement provisions necessary to enforce such provisions, shall survive the termination of this Contract for 5 years after the termination date and shall be enforceable by City against Agency. ESG SUBRECIPIENT CONTRACT Rev 07/05/2012 The Salvation Army, a Georgia Corporation 14 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. 14.4 Religious Organization. No portion of the ESG Funds shall be used in support of any sectarian or religious activity In addition, there must be no religious or membership criteria for clients of a ESG-funded service. 14.5 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 within 60 days of the end of period being audited (Agency's fiscal year). Entities that expend less than $500,000 a year in Federal funds are exempt from Federal audit requirements for that year, but records must be available for review or audit ESG SUBRECIPIENT CONTRACT Rev 07'05'2012 The Salvation Army, a Georgia Corporation 15 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 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 Contractor IF AS A RESULT OF ANY AUDIT IT IS DETERMINED THAT AGENCY HAS FALSIFIED ANY DOCUMENTATION OR MISUSED, MISAPPLIED OR MISAPPROPRIATED ESG FUNDS OR SPENT ESG FUNDS ON ANY INELIGIBLE ACTIVITIES, AGENCY AGREES TO REIMBURSE CITY THE AMOUNT OF SUCH MONIES PLUS THE AMOUNT OF ANY SANCTIONS, PENALTY OR OTHER CHARGE LEVIED AGAINST CITY BY HUD BECAUSE OF SUCH ACTIONS. 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 he in Tarrant County, Texas. 14.7 Governing Law. In any questions involving state law, for any action, whether real or asserted, at law or in equity, arising out of the execution, performance or non-performance of this Contract, in any issue not governed by federal law, the choice of law shall be the law from the State of Texas. 14.8 Severability. The provisions of this Contract are severable and if for any reason a clause, sentence, paragraph or other part of this Contract shall be determined to be invalid by a court or Federal or state agency, board or commission having jurisdiction over the subject matter thereof, such invalidity shall not affect other provisions which can be given effect without the invalid provision. 14.9 Written Agreement Entire Contract. This written instrument and the Addendums, Attachments, and Exhibits attached hereto, which are incorporated by reference and made a part of this Contract for all purposes, constitutes the entire agreement by the Parties hereto concerning the work and services to be performed under this Contract Any pnor 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. ESG SUBRECIPIENT CONTRACT Rev 07/05/2012 The Salvation At a Georgia Corporation 16 14.10 Paragraph Headings for Reference Only, No Legal Significance. I'he 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: ➢ ESG Regulations found in 24 CFR Part 576. ➢ Subtitle B of Title IV of the the McKanney-Vento Homeless Assistance Act, as amended, (42 USC 11371) ➢ Title VI of the Civil Rights Act of 1964 (42 U.S.C. Sections 2000d et seq.) including provisions requiring recipients of federal assistance to ensure meaningful access by 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 hmployment Act of 1967 ➢ The Age Discrimination Act of 1975 (42 U.S.C. Sections 6101 et seq.) ➢ The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. Sections 4601 et seq. and 49 CFR Part 24) ("URA") Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. Sections 794 et seq.) and 24 CFR Part 8 where applicable ➢ National Environmental Policy Act of 1969, as amended, 42 U.S.C. sections 4321 et seq. ("NEPA") and the related authorities listed in 24 CFR Part 58. ➢ The Clean Air Act, as amended (42 U.S.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 ESG SUBRECIPIENT CONTRACT Rev 07/05/2012 The Salvation Army, a Georgia Corporation 17 A 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 ➢ Unifoini Administration Requirements of 24 CFR Part 85 Requirement that Law Be Quoted in Covered Contracts. — Certain Requirements Pertaining to Section 3 of the Housing and Urban Development Act of 1968 as amended (12 U.S.C. Sections 1701 et seq.) and its related regulations at 24 CFR Part 135 If the work performed under this Contract is on a program assisted under a program providing direct Federal financial assistance from HUD, Section 3 of 24 CFR 135.38 ("Section 3") requires that the following clause, shown in italics, be inserted in all covered contracts ("Section 3 Clause"): Section to be quoted in covered contracts begins: "A. The work to be performed under this contract is subject to the requirements of Section 3 of Housing and Urban Development Act of 1968, as amended, 12 U.S.C. section 1701u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assisted or HUD -assisted programs covered by Section 3, shall to the greatest extent feasible, be directed to low- and very -low income persons, particularly persons who are recipients of HUD assistance for housing. B. The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 135, which irnplernent 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 ernployees and applicants ESG SUBRECIPIENT CONTRACT Rev 07/05/2012 The Salvation Army, a Georgia Corporation 18 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 cer f that any vacant employment positions, including training positions that are filed: (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR Part 135. The contractor will not subcontract with any subcontractor where it has notice or knowledge that the subcontractor has been found in violation of regulations in 24 CFR 135. F. Noncompliance with HUD's regulation in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. G. With respect to work performed in connection with Section 3 covered Indian housing assistance, section 7(b) of the Indian Self Determination and Education Assistance Act (25 U.S.C. section 450e) also applies to the work to be performed under this Contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian -owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and Section 79b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with Section 7(b)." Section to be quoted in covered contracts ends. City and 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 Contractor, 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. ESG SUBRECIPIENT CONTRACT Rev 07/05/2012 The Salvation Army, a Georgia Corporation 19 14.12 Prohibition Against Discrimination. 14.12.1 General Statements. Contractor, in the execution, performance or attempted performance of this Contract, shall comply with all non-discrimination requirements of 24 CFR Part 5 as modified by 24 CFR 576.57(a) 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 petinit 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 perfoiniance of this Contract Agency agrees to the following provision, and will require such provision be included 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. [Contractor or subcontractor's name] will take affirmative action to ensure that applicants are hired without regard to race, color, sex, gender, religion national origin familial status, disability or perceived disability, sexual orientation, gender identity, gender expression or transgender and that employees are treated fairly during employment without regard to their race, color sex, gender, religion, national origin, familial status, disability or perceived disability, sexual orientation, gender identity, gender expression or transgender. Such action shall include but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination rates of pay or other forms of compensation, and selection for training, including apprenticeship. [Contractor or subcontractor's name] agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. [Contractor or subcontractor's name] will, in all solicitations or advertisements for employees placed by or on behalf of [Contractor or subcontractor's name] state that ESG SUBRECIPIENT CONTRACT 20 Rev 07/05'2012 The Salvation Army, a Georgia Corporation 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 Agency's Contractors and ADA. In accordance with the provisions of the Americans With Disablities 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 OFAGENCY'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. 14.13. Prohibition Against Interest / Conflict of Interest. 14.13.1 Agency shall establish safeguards to prohibit its employees, board members advisors and agents from using positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family business or other ties. Agency shall disclose to City any 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 ESG ESG SUBRECIPIENT CONTRACT Rev 07/05/2012 The Salvation Aiiny, a Georgia Corporation 21 funds or who are in a position to participate in a decision -making process or gain inside information with regard to these activities may utilize ESG services, may obtain a financial interest or benefit from a ESG-assisted activity, or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties, during their tenure or for 1 year thereafter, unless they are accepted in accordance with the procedures set forth at 24 CFR 576 57(d). 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 Contractor, the conflict of interest provisions of 24 CFR Part 85.36 and 24 CFR Part 84.42, respectively, shall apply. In all cases not governed by those sections, the provisions of 24 CFR 576.57(d) of the ESG Regulations shall apply. 14.13.5 For procurement contracts larger than $25,000.00 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 Business Diversity Enterprise Ordinance, and all amendments or successor policies or ordinances thereto, into all contracts and subcontracts for procurement larger than $25 000.00 and will further require all persons or entities with which it so contracts to comply with said ordinance. 14.16 Other Laws. The failure to list any federal, state or City ordinance, law or regulation that is applicable to 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 Contractor's failure to follow the law, if applicable. 14.17 Assignment. Agency shall not assign all or any part of its rights, privileges, or duties under this Contract without the Director's prior written approval Any attempted assignment of same without approval shall be void, and shall constitute a breach of this Contract. 14.18. Right to Inspect Agency Contracts. It is agreed that City has the right to inspect and approve in writing any proposed contracts between Agency and any Agency engaged in any activity in conjunction with this ESG funded Program. 14.19 Force Majeure If Agency becomes unable, either in whole or part, to fulfill its obligations under this Contract due to acts of God, strikes, lockouts or other industrial disturbances, acts of public enemies, wars, blockades, insurrections, riots, epidemics, earthquakes, fires, floods, restraints or prohibitions by any court, board, department, commission or agency ESG SUBRECIPIENT CONTRACT Rev 07/05/2012 The Salvation Ai any, a Georgia Corporation 22 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 wntten 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 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' CONTRACTOR, ITS OFFICERS, MEMBERS, AGENTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS INVITEES, LICENSEES, OR CLIENTS, OR CAUSED, IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS OF CITY. ESG SUBRECIPIENT CONTRACT Rev 07/05/2012 The Salvation Army. a Georgia Corporation 23 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 Contractor. If Contractor, as a charitable or nonprofit organization, has or claims an immunity or exemption (statutory or otherwise) from and against liability for damages or injury, including death, to persons or property, Agency hereby expressly waives its rights to plead defensively such immunity or exemption as against City. This section shall not be construed to affect a governmental entity's immunities under constitutional, statutory or common law. ACAC% charitable or N. 17. Insurance and Bonding. covernany foss of ESGi unds associated with this agreement. Agency will maintain fiduciary coverage in the Rhin of insurance or bond in the amount of $25,000.00 to bc---- arse City-fo-F-any-and-aillas efkottiaic Judi i cI nt, s-uc t iary l.o-ver_' ds. yy -that rei,,-thlusemess er--}off der--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. siLla Agency shall carry insurance in the types and amounts for the duration of this Contract as listed below, and furnish certificates of insurance atoll t cop of policy � a-�t pages anrLp_olic_y endarsemen%as evidence thereof. Commercial General Liability (CGL) Insurance $1,000,000 Each Occurrence $2,000,000 Aggregate Limit ion The CGL policy shall be the primary insurance with respect to any other ESG SUBRECIPIENT CONTRACT Rev 07/05/2012 1'he Salvation Army, a Georgia Corporation 24 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 exclusions in writing. Professional Liability (E-arsattele ni,DaiusiO) $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 injury 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. 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 bewritten 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 injury 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 ESG SUBRECIPIENT CONTRACT Rev 07/05/2012 "I he Salvation Army, a Georgia Corporation 25 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 insurance policy and may not change the terms 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. Agency will submit to City documentation that it has obtained insurance coverage and has executed bonds as required in this Contract pnor to payment of any monies provided hereunder. Certificate of Insurance shall include the 13, iourarN policies cogu ed-her-ein-sha1.1-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 er Automobile . or Fidelity Bond policies. 'l'he \vorli rf' subrogation, also referred to ao a waiver of rights of recovery, in favor of City. • 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 the coverage is claims -made and the retroactive date. City shall be entitled, lapo� i to �d �� t expe e, t..o- r opie pglici-ers-and-eadnrse ents t er@to and .["3 a 7'r �il.;,�� asy rea eY1ab e-7.e-quv is 1e1 delet4 n or- revi-sicra cc modifications of particular policy terms, conditions, limitations or exclusions eec-e onform the -policy and -endorsements -to -tab r hisaeorrtract. 3no zhall rn ke- - ostablished by law or regulatirzx bi ing up e-P 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 Contractor's insurance policies shall be licensed and/or approved 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 ESG SUBRECIPIENT CONTRACT Rev 07/05/2012 I he Salvation Arrny, a Georgia Corporation 26 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 Contractor to any person for influencing or attempting to influence an officer or employee of any agency a member of Congress, an officer or employee of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement. If any funds other than federally appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, member of Congress in connection with this Federal contract, grant loan or cooperative agreement, Agency shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this Contract was made or entered into. Submission of this certificate is a prerequisite for making or entering into this Contract imposed by 31 U.S.C. Section 1352 Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000.00 and not more than $100,000.00 for each such failure Agency shall require that the language of this certification be included in all subcontracts or agreements involving the expenditure of Federal funds. ESG SUBRECIPTENT CONTRACT Rev 07'05'2012 The Salvation Army, a Georgia Corporation 27 19. Litigation and Claims Agency shall give City immediate notice in writing of any action, including any proceeding before an administrative agency, filed against Agency in conjunction with this Contract or the Program. Agency shall furnish immediately to City copies of all pertinent papers received by Agency with respect to such action or claim. Agency shall provide a notice to City within 10 days upon filing under any bankruptcy or financial insolvency provision of law. 20. Notice. All notices required or permitted by this Contract must be in writing and are deemed delivered on the earlier date of the date actually received or the third day following deposit in a United States Postal Service post office or receptacle with proper postage, certified mail return receipt requested; and addressed to the other Party at the address set out below or at such other address as the receiving Party designates by proper notice to the sending Party. City: City Attorney's Office 1000 Throckmorton Street Fort Worth, TX 76102 Telephone: 817-392-7600 Copy to: Director of Housing and Economic Development 1000 Throckmorton Street Fort Worth, TX 76102 Telephone: 817-392-7540 Copy to: Project Coordinator 1000 1 'hrockmorton Street Fort Worth, TX 76102 Telephone: 817-392-6342 Contractor Deborah Bullock, Program Manager The Salvation Army, a Georgia Corporation 1855 East Lancaster Fort Worth, TX 76103 Telephone: 817-344-1831 ESG SUBRZECIPIENT CONTRACT Rev 07/05/20I2 The Salvation Army, a Georgia Corporation 28 21. Aeencv Has Leaal Authority to Enter Into Contract. Agency represents that it possesses the legal authority, pursuant to any proper, appropriate and official motion, resolution or action passed or taken, to enter into this Contract and to perform the responsibilities herein required. 22. Counterparts. This Contract may be executed in multiple counterparts, each of which shall be considered an original, but all of which shall constitute one instrument. [SIGNATURES APPEAR ON NEXT PAGE] ESG SUBRECIPIENT CONTRACT Rev 07/05/2012 The Salvation Army, a Georgia Corporation 29 IN WITNESS WHEREOF, the Parties have executed 4 copies of this Contract in Fort Worth, Tarrant County, Texas to be effective July 1, 2012. ATT ST: City 'Se rc etary M&C: C-25573 Date: May 1, 2012 - Assistant City Attorney .4;:,-vintilyti CITY OF FORT WORTH oa, o� emando Costa, Assistant City Manager o 04 ta U14W j ire s -a pi •• • TI1E SALVATION ARflY, A GEORGIA CORPORATION By:)( Name: Title: SAM HENRY ! t(L/A6 U 1ti { STATE OF TEXAS § COUNTY OF TARRAIYT § This instrument was acknowledged before me on Fernando Costa, Assistant City Manager of the Ci Fort Worth. i • 1 I i . •. ,,,,,,,,,,, 'i Voti A�• . MY COMMISSION EXPIRES „D., ••...i�+;= July 10,2013 Y� a. I-:u-4.•-1., .a- s ..-.r l....a... 4401a-U4-:.:ZIOC.Gm.:. I L. .-d area-. K ..I. i•L4 lagallikeRgiL tated// , 2012 by of Fort Worth, on behalf the City of tary Public, State of Texas STATE OF GEORGIA § COUNTY OFF!/L7a.1/ § This instrument was acknowledged before me on A ►.t.t5a7 20 201 aby Samuel A. Henry (Name), TREASURER (Title) of The Salvation Army, a Georgia Corporation, on behalf of said corporation. FFACOAL RECORD COTT SReikVA f�i o 1510W``1nt ESG SUBRECIPIENT CONTRACT Rev 07/05/2012 The Salvation Army, a Georgia Corporation Notary Public, State of Georgia � oU N l�, :f��i -15 %•% i 1.1. * �• �5Se � : Q��`e : t� Cr.$ • Es F. CD \ go 444' $ <3 es ••• No, \:/, t .-41--..zzarsa 04 S• . ty :boa) i, F1JLTON ��% aims' t i s ti 1��1 • 30 The Salvation Army, a Georgia Corporation EXHIBIT A Home Sweet Home PROGRAM SUMMARY PROGRAM SUMMARY Emergency Solutions Grant (ESG) July 1, 2012 to June 30, 2012 PERIOD PROGRAM SUMMARY $141,165.65 AMOUNT The Program provides the following ESG activities:rapid rehousing- financial assistance (tenant -based), rapid rehousing - housing and relocation stabilization services, homelessness prevention - financial assistance, homelessness prevention - housing relocation and stablization services, and administration to ESG Eligible Clients in the City of Fort Worth. Services are available at The Salvation Army facility located at 1855 East Lancaster, Fort Worth, TX 76103 from 8:00 a.m. to 5:00 p.m., Monday through Friday REGULATORY CLASSIFICATION: IDIS Matrix Code(s) and Service Category. Not Applicable National Objective Citation: Not Applicable Regulatory Citation(s): 24 CFR 576.21 Based on the nature of the service provided, The Salvation Army will maintain documentation that verifies that 100% of clients served by the Horne Sweet Home Program. GEOGRAPHIC LOCATION: Site Address: 1855 East Lancaster, Fort Worth, TX 76103 Client Beneficiary Location (Neighborhood Name, Council District Number, or Citywide): Council District 9 PROGRAM GOALS: Provide housing relocation and stabilization services to 132 unduplicated eligible households, including 112 homeless households and 20 households at risk of homelessness. PROGRAM OBJECTIVES: Prevent instances of homelessness by providing financial assistance and housing and relocation and stabilization services to eligible households. ESG SUBRECIPIENT CONTRACT Rev 07/05/2012 The Salvation Army, a Georgia Corporation 31 The Salvation Army Home Sweet Home • aY � .`is-' � - '^'`1/2, m'».•a-r.%%str''v5i""?''''r�ta'z= ;3_-i; Salaries- Prevention FICA- Prevention Life Insurance- Prevention Health Insurance- Prevention Disability Insurance- Prevention Unemployment -State- Prevention Legal & Accounting- Prevention Office Supplies- Prevention O ffice Equipment Rental- Prevention Postage- Prevention Printing- Prevention Contract Labor (Inspections) Prevention Salaries- ReHousing FICA- ReHousing Life Insurance- ReHousing Health Insurance- ReHousing Disability Insurance- Rel lousing Unemployment -State- Relousing Legal & Accounting- ReHousing O ffice Supplies- ReHousing O ffice Fquipment Rental- ReHousing Postage- ReHousing Printing- ReI lousing Contract Labor (Inspections)- Ref lousing SUBTOTAL- ADMINISTRATIVE Salaries- Prevention FICA- Prevention Life Insurance- Prevention Health Insurance- Prevention Disability Insurance- Prevention Unemployment -State- Prevention Salaries- ReHousing FICA- ReHousing Life Insurance-ReHousing Health Insurance- ReHousing Disability Insurance- ReHousing Unemployment -State- Rel-Lousing SUBTOTAL- HR&S Rental Assistance- Prevention Rental Assistance- ReHousing Utility Payments- Prevention Utility Deposits- Rel-Iousing Moving Costs- ReHousing Motel/l lotel Vouchers- ReHousing Security Deposits- ReHousie SUBTOTAL- FINANCIAL ASSISTANCE I HMIS- Prevention HMIS- Rehousing SUBTOTAL- HMIS FUNDING A: FUNDING B: FUNDING C: 1001 1002 1003 1004 10(15 1006 1007 1008 1009 1110 1111 1112 1113 1114 1115 1116 1117 1118 1119 1120 1121 1172 1123 1124 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 3001 3002 3003 3004 3005 3006 3007 40(11 4002 ESG SUBRECIPIENT CONTRACT Rev 07'05'2012 The Salvation Ai iny, a Georgia Corporation $ 90,000.00 5 51,165.65 $ 141,165.65 $ 55,000.00 $ 4,208.00 $ 159.00 $ 7,370.00 $ 2,316.00 $69,053.00 $ $ s $ $ EXHIBIT B BUDGET 15,000.00 1,147-00 165.00 2,300.00 1,065.00 650.00 12500 150.00 150.00 10,000.00 765.00 85.00 1,450.00 965.00 400.00 75.00 35.00 100110 34,627.00 44,533.0(1 3,4(16.00 186.00 9,044.00 4,01200 61,181.00 $ 531,7000.00 31.700.00 550.00 550.00 1,100.00 15,000.00 1,147.00 165.00 2,30(1.00 1,065.00 650.00 125.00 150.00 150.(K) 10,000.00 765.00 85.00 1,450.00 965.00 40 U( ) 75.00 35.01) 1(10.00 34,627.00 $ $ $ $ $ $ $ $ $ 130,234.00 $ 121,700.00 $ 51,165.65 $ $ $ rt� y 44,533.00 3,4)6.00 186.00 9,044-.00 4,012.00 55,000.00 4,208.00 159.00 7,370.00 2,316.00 $ 172,865.65 $ 550.00 I $ 550.00 I - I $ 1,100.00 I 32 Position FICA Life Insurance Health Insurance Unemployment Workers Compensation Retirement Office Supplies Office Equipment Rental Postage Printing Rate SALARY DETAIL Annual Hours FRINGE DETAIL Percent of Amount Payroll Percent to Grant 1 Amount to Grant 0% 0 Percent to Grant Amount to Grant 0% 0% 0% 0% 0% 0% SUPPLIES AND SERVICES Total Budget 1 Percent to Grant 1 Amount to Grant $1,050.00 ( 0% 0 $200.00 0% 0 $185.00 0% 0 $250.00 1 0% 1 0 MISCELLANEOUS Total Budget Conference & Seminars Construction/Building Materials Contract Labor Craft Supplies Credit Reports Facility Fees Field Trip Costs Food Supplies Mileage Teaching Aids ESG SUBRECIPIENT CONTRACT Rev 07/05/2012 The Salvation Army, a Georgia Corporation Percent to Grant 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% Amount to Grant 0 0 0 0 0 0 0 0 0 0 33 FACILITY AND UTILITIES Total Budget Telephone Electric Gas Water and Wastewater Solid Waste Disposal Rent Custodial Services Repairs Cleaning Supplies Percent to Grant 0% 0°10 0% 0% 0% 0% 0% 0% 0% Amount to Grant 0 0 0 0 0 0 0 0 0 LEGAL, FINANCIAL AND INSURANCE Total Budget Percent to Grant Amount to Grant Fidelity Bond (or Equivalent) 0% 0 General Commercial 0% 0 Liability Directors and Officers 0% 0 Legal Fees 0% I 0 Contract Accounting 0% I 0 Rapid Re -Housing Homelessness Prevention Rapid Re -Housing Homelessness Prevention FINANCIAL ASSISTANCE Total Budget Percent to Grant $51 165.65 100% $121,700.00 74% ESG SUBRECIPIENT CONTRACT Rev 07/05/2012 The Salvation Army, a Georgia Corporation HMIS Total Budget $550.00 $550.00 Percent to Grant 0% 0% Amount to Grant $51,165.65 $90,000.00 Amount to Grant 0 0 34 EXHIBIT C — AUDIT CERTIFICATION FORM AND AUDIT REQUIREMENTS Agency: Fiscal Year Ending: During the fiscal year in which funds will be received, we will exceed the federal expenditure threshold of $500,000. We will have our Single Audit or Program Specific Audit completed and will submit the A-133 audit report within seven (7) months after the end of the audited fiscal year or thirty (30) days within its completion, whichever is the earlier date. During the fiscal year in which funds will be received, we will not exceed the $500,000 federal expenditure threshold required for a Single Audit or a Program Specific Audit to be performed this fiscal year. (Fill out schedule below) Signatory and Title Failure to submit this or a similar statement or failure to submit a completed single audit package as described in the federally required audit requirements described in OMB Circulars A-133 by the required due date may result in suspension of funding and ma y affect eligibility for future funding. Notwithstanding the above, this certification acknowledges the agency's commitment to meet all other financial reporting, financial statements, and other audit requirements as may be set forth in the Contract. NOT required. Contract ©ANufriEiei` Number Total Federal Expenditures for this Fiscal Year: ESG SUBRECIPIENT CONTRACT Rev 07/05/2012 The Salvation Army, a Georgia Corporation Date 35 EXHIBIT D. REPORTING FORMS ESG SUBRECIPIENT CONTRACT Rev 07/05/2012 The Salvation Army, a Georgia Corporation 36 Agency: Address: City, State, Zip: Program: Period of Service: INVOICE The Salvation Army 1855 E Lancaster Fort Worth, TX 76103 Home Sweet Home mount 1 I NO Contractor's Certification: I certify that the costs incurred are valid, eligible, and consistent with the terms and conditions of the contract between Agency and City 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: Agency: Program: City of Fort Worth Housing and Economic Development Department Expenditure Worksheet The Salvation Army Home Sweet Home 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1 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 80 Total 'Payroll must identify employee. Rent must identify tenant. Other payments should Identify individuals, If applicable Salaries- Prevention FICA- Prevention LVe Insurance- Prevention Health Insurance- Prevention Disability Insurance- Prevention Unemployment -State- Prevention Leyal_& Accounting- Prevention Office Supplies- Prevention Office Equipment Rental- Prevention Postage- Prevention Printing- PreveMlon Salaries- ReHousing FICA- ReHousing Life Insurance- ReHousing Health Insurance- ReHousing Disability Insurance- ReHousing Unemployment -slate- ReHousing Legal & AccounligR- ReHousing Office Supplies- ReHousing Office EQutpment Rental- ReHousing Postage- ReHousing Attachment II 1001 1002 1003 1004 1005 1006 1007 1008 1009 1110 1111 1112 1113 1114 1115 1116 1117 1118 1119 1120 1121 PAM:a ReHousingg 1122 IF OH3iHG-STAA>1-iZAAON�4 i. Salaries- Prevention-'2001 FICA- Prevention Life Insurance- Prevention Health insurance- Prevention Disability Insurance- Prevention Unemployment -State- Prevention Salaries- ReHousing FICA- ReHousing Life Insurance-ReHousing Health Insurance- ReHousing Disability Insurance- ReHousing Unemployment -State- ReHousing 2002 2003 2004 2005 2008 2007 2008 2009 2010 2011 2012 9 p1I/{r' i "ik,&, t172E6>i^; iCetX7? :1. _ Rental Assistance- Prevention 3001 Rental Assistance- ReHousing 3002 UIi4t9 Payments- Prevention 3003 Utility Deposits- ReHousing 3004 Moving Costs- ReHousing 3005 MoteVHotel Vouchers- ReHousing 3006 Seen Deposits-ReHousing 3007 YttSW4 i _ _HMIs Prevention4001 F HMIS- ReHousing 4002 Anacnmont Isla agoncy Program' Mantis of Mad WW0eeh risme SaeYtle of lSeYx rce7 The Salvation Army Home Sweet Home. Prevention . C4(, Mt) Lip City of Fort worth Housing and Economic Oovebpment Departmont Client Data Repent 0r+j Place a 1 In the appropriate column. Ainpne;ye thank c' 4340 w itr bro., AM*Ma:^ }M4can hat& n4r4N. +41Nn 1'.::�lt.' 'e3enVM 'If the aggrelate count of any reported multiple race combination ;hells not listed above exceeds 1% of the total population being tenoned, the combinahcn should be reported separatol Place a 1 In the appropriate column. I 1 Finnic* Antatmc. Attachment IItb Agency. Program Tho Salvation Army. Home Sweet Hoe- Rapid Re mHouelno City of Fort Worth Housing and Economic Development Deportment Client Dela Report Place a 1 In the appropriate column. ti c. ttnafficata Opel - , IM�anN h;tat er '. Ataa+an knot I 1 9t the aggregate count of any reported muibple race combination that Is not listed above exceeds 1% of Ih total population being reported, the combinatton should be cottoned separately Place a 1 In the appropriate column. Wight Aauuann Tree EXHIBIT E - INCOME SELF CERTIFICATION FORMS ESG SUBRECIPIENT CONTRACT Rev 07'05/2012 The Salvation Army, a Georgia Corporation CERTIFICATION OF INCOME STATEMENT Applicant Name• Current Address: Phone #: Last Name First Name Household Members and Income (including applicant) Age Monthly Source/Fmployer Name Income **PERSONAL INFORMATION: (Check one in each item. Optional Information for Federal Reporting Purposes) a. ❑ MALE b. ■ WHITE ■ BLACK/AFRICAN AMERICAN n BLACK/AFRICAN AMERICAN & WHITE �I FEMALE ■ AMERICAN INDIAN/ALASKAN NATIVE ■ ASIAN AMERICAN INDIAN/ALASKAN NATIVE & WIIITE ❑ ASIAN & WHITE NATIVE ILkWAI1AN/OTIIER PACIFIC ISLANDER 0 BALANCE/OTITER AMERK:AN INDIAN/ALASKAN NATIVE & BLACK/AFRICAN AMERICAN ■ ■ ■ c. ETHNICITY d. DISABLED e. IS CLIENT WOMEN HEAD OF HOUSEHOLD ■ HISPANIC ❑ YES I YES NON -HISPANIC ❑ NO n NO * TOTAL NUMBER OF HOUSEI TOLD MEMBERS Total Anticipated Annual Household Income: (Include Yourself AND everyone who lives in the house.) Certification: I certify that the information I am providing is true and could be subject to verification at any time by a third party. I also acknowledge that the provision of false information could leave me subject to the penalties of Federal, State and local law WARNING. TITLE 18, SECTION 1001 OF THE U.S. CODE STATES THAT A PERSON IS GUILTY OF A FELONY FOR KNOWINGLY AND WILLINGLY MAKING FALSE OR FRAUDULENT STATEMENTS TO ANY DEPARTMENT OF THE UNITED STATES GOVERNMENT Signature of Applicant For use by funding agency: Household Size: Income Limit: Person Making Determination: Annual Income. Is Applicant Eligible: Date: Date CERTIFICACION DE DECLARACION DE INGRESOS Nombre del Solicitante: Domicilio Actual* Numero de Telefono: Miembros en el Hogar e Ingresos (incluir el/la solicitante) Apellido Nombre Edad Ingreso Fuente de Ingresos/Nombre de Empleador Mensual **INFORMAC1ON PERSONAL: (Seleccione uno en cada categoria. Information optional para propositos de informacion Federal) a. ( MASCULINO b. [1 CAUCASICO ❑ NEGRO/AFRICANO AMERICANO NEGRO/AFRICANO AMERICANO & CAUCASICO FEMTNINO fl INDIO AMERICANO/NATIVO DE ALASKA Fi ASIATICO INDIO AMERICANO/NATIVO DE ALASKA & CAUCASICO ❑ ASIATICO & CAUCASICO NATIVO HAWAIANO/OTRO DE LAS ISLAS PACIFICAS ❑ BALANCE/OTRO INDIO AMERICANO / NATIVO DE ALASKA & NEGRO/AFRICANO AMERICANO 1 ETNICIDAD d. DISCAPACITADO ❑ HISPANO n SI ❑ NO-HISPANO l NO e. tES EL SOLICITANTE UNA MUIER Y CABECERA DEL HOGAR'? * NUMERO TOTAL DE MIEMBROS EN EL HOGAR Ingreso total del hogar anual anticipado: ■ SI NO (Incluye a si mismo y a todos los que viven en la casa) Certification: Certifico que la informacion que proporciono es verdad y podria ser susceptible a la comprobacion a cualquier tiempo por terceros. Yo tambien reconozco que la provision de informacion falsa me podria dejar sujeto a las penalidades Federates, Estatales y locales. ADVERTENCIA: TITULO 18, SECCION 1001 DEL CODIGO DE EE UU. QUE UNA PERSONA ES CULPABLE DE UN DELITO POR SABER Y VOLUNTARIAMENTE HACER DECLARACIONES FALSAS 0 FRAUDULENTAS A CUALQUIER DEPARTAMENTO DEL GOBIERNO ESTADOUNIDENSE. Fit ua del Solicitante Fecha Para el use de la agencia financiando: # De Miembros en el Hogar: Ingreso Anual: Limite de Ingreso: tEs el solicitante elegible? : Persona haciendo la deteiminacion: Fecha: FY 2012 Income Limit Area North- krlington, rx HUD Vletro =MR Area Median Income $69,200 EXHIBIT F - HUD 2012 INCOME LIMITS Fort Worth -Arlington, TX HUD Metro FMR Area FY 2012 Income Limit Category 1 2 Person Person 3 4 Person Person 5 6 Person Person 7 8 Person Persor Very Low (50%) Income $24,250 $27,700 $31,150 $34,600 $37,400 $40,150 $42,950 $45,701 Limits Extremely Low (30%) Income Limits Low (80%) Income Limits $14,550 $16,600 $18,700 $20,750 $22,450 $24,100 $25,750 $27,401 $38,750 $44,300 $49,850 $55,350 $59,800 $64,250 $68,650 $73,10( ESG SUBRECIPIENT CONTRACT Rev 07/0512012 The Salvation Army, a Georgia Corporation 38 EXHIBIT G — ESG PERFORMANCE STANDARDS Emergency Solutions Grant Performance Standards Street Outreach Emergency Shelter Homelessness Prevention Number of persons: Placed in shelter or safe havens • With more non -cash benefits at program exit Receiving case management Number of persons: Exiting to temporary/transitional housing destinations - Exiting to permanent housing destinations Receiving case management Number of persons• Who maintained their peinianent housing for 3 months Exiting to permanent housing destinations With higher income at program exit With more non -cash benefits at program exit Receiving case management Rapid Re -Housing Number of persons: - Who maintained their permanent housing for 3 months - Exiting to permanent housing destinations With higher income at program exit With more non -cash benefits at program exit Receiving case management In order to successfully record performance outcomes, the CoC system requires that once a household is enrolled in an ESG program, non -domestic violence agencies must complete an initial HUD Intake Assessment within the HMIS system (ETO), the HUD Mid -Program Assessment and the HUD Exit Assessment upon program. Performance outcomes will be reported to the City using the HMIS generated ESG reports. Domestic Violence Organizations will provide the same data utilizing their similar data systems. Reassessments are required for program participants receiving homelessness prevention assistance and rapid re -housing assistance. Participants receiving homeless prevention must be reassessed monthly; rapid re -housing participants must be reassessed at least quarterly. All participants must receive an exit assessment and enter it into HMIS or a comparable -level database. ESG SUBRECIPIENT CONTRACT 39 Rev 07/05/2012 The Salvation Army, a Georgia Corporation Addendum for Additional Contract Requirements for Agencies Funded with Emergency Solutions Grant (ESG) 1. Agency will have Match funds ready and available prior to the start of the Program. Failure to do so may delay, and or cancel the contract. Matching funds may include cash provided by the agency from its own funds or other agencies, donations, or grants other than ESG; the value or fair rental value of any donated material or building; the value of any lease on the building; any salary paid to star to carry out the Program; and the value of the time and services contributed by volunteers to carry out the Program at a rate of $5.00 per hour. The services of volunteers providing professional services such as medical, legal or accounting services are valued at the reasonable and customary rate prevailing in the community. The value of the Match is subject to review and approval by City. Alt monthly reports will indicate matching funds and sources. Documentation regarding dedication of Match must be maintained consistent with the requirements of documenting eligibility of costs. This Contract shall not be considered executed unless the attached Match Funds Report is completed. 2. Agency shall participate in a local Continuum of Care's Homeless Management Information System ("HMIS") to ensure that the Program meets the Federal goal that localities collect an array of unduplicated data on the number and characteristics of homeless persons. Continuums of Care are local bodies that plan for and coordinate homeless services. HUD's standards for participation in a local HMIS are set forth in the Federal Register, July 30, 2004. The local Continuum of Care is Fort Worth/Arlington/Tarrant County CoC (TX-60 1). Agency shall submit documentation to the City for such participation in the form of an HMIS quarterly report. 3. HMIS report should be submitted each month with the monthly Reimbursement Request to document that the necessary reporting requirements are being maintained. By signing below, Agency acknowledges the receipt of this Addendum and its full inclusion as part of the terms and conditions of the Contract. AGENCY: THE SALVATION ARMY, A GEORGIA CORPORATION By: l� ��.�. T)44 Name (Printed) SAM HENRY Title et TREASI;htR _.. ESG SUBRECIPIENT CONTRACT Rev 07/05/2012 The Salvation Army, a Georgia Corporation • 40 CITY OF FORT WORTH HOUSING AND ECONOMIC DEVELOPMENT DEPARTMENT EMERGENCY SOLUTIONS GRANT MATCH FUNDS REPORT AND CERTIFICATION 1. NAME AND ADDRESS OF SUBRECIPIENT 2. PROGRAM NAME: 3. CONTRACT No: 4. CONTRACT TERM: 5. DATE OF REQUEST: This attachment is designed to review a subrecipient's financial documentation to assess compliance with the required Emergency Shelter Grant (ESG) match portion at 24 CFR 576.51. ESG funds are matched dollar -for -dollar for each program year allocation. "Progiam year" refers to a fiscal year's allocation of funds to recipients to operate projects or programs. One attachment is to be completed for each grant under review for with ESG grant funds have been expended. City of Fort Worth ESG Funds $ Total ESG Match $ I. SOURCES OF LOCAL MATCH: Other Federal (including pass -through funds, e.g., City CDBG, County FEMA, etc.) MATCH SOURCE TOTAL MATCH MATCH AMOUNT 2. STATE/LOCAL GOVERNMENT FUNDING: (e.g., State Housing Trust Funds, Local Assessment, etc.) MATCH SOURCE TOTAL MATCH ESG SUBRECIPIENT CONTRACT Rev 07/0512012 The Salvation Ainiv, a Georgia Corporation MATCH AMOUNT 41 Date: CITY OF FORT WORTH HOUSING AND ECONOMIC DEVELOPMENT DEPARTMENT EMERGENCY SOLUTIONS GRANT 3. PRIVATE (including recipient) FUNDING: MATCH SOURCE Fund Raising/Cash Loans $ Building Value or Lease $ Donated Goods $ Donated Computers $ New Staff Salaries $ Volunteers ($5/hr) Volunteer Medical/Legal $ TOTAL MATCH $ Comments: MATCH $ AMOUNT CERTIFICATION: The undersigned, hereby, gives assurance that to the best of my knowledge and belief, the data included in this report is true and accurate, and if a non-profit agency, has been approved by the governing body of the organization prior to submission. The match funds identified in this report are not included as contribution for any other federally assisted project or program as required by 24 CFR 84.23 (a) (2) Submitted by: Phone Number:. ESG SUBRECIPIENT CONTRACT Rev 07/05/2012 The Salvation Army, a Georgia Corporation THE SALVATION ARMY POLICY STATEMENT ON RELATIONSHIPS WITH OTHER GROUPS AND ORGANIZATIONS The Salvation Army in the United States works cooperatively with many groups -- governmental, social service, civic, religious, business, humanitarian, educational, health, character building and other groups -- in the pursuit of its mission to preach the Christian Gospel and meet human need. Any agency, governmental or private, which enters into a contractual or cooperative relationship with The Salvation Army should be advised that: 1. The Salvation Army is an international religious and charitable movement organized o n a quasi -military/ pattern and is a branch of the Christian church. 2. All programs of The Salvation Army are administered by Salvation Army Officers who are ministers of the Gospel. 3. The motivation of the organization is love of God and a practical concern for the n eeds of humanity. 4. The Salvation Army's provision of food, shelter, health services counseling, and other physical, social, emotional, psychological and spiritual aid, is given to persons in need simply because they are in need, regardless of race, color, religion, sex, age, n ational origin or handicap. Organizations contracting and/or cooperating with The Salvation Army may be assured that because The Salvation Army is rooted in Christian compassion and is governed by Judeo-Christian ethics, the provisions of its contracts and agreements will be strictly observed. Commissioners Conference: February, 1993 The Salvation Army -Mabee Center M&C Review Page 1 of 2 Official site of the City of Fort Worth, Texas FORT SVORTII COUNCIL ACTION: Approved on 5/1/2012 - Ordinance No. 20195-05-2012 CONTINUED FROM A PREVIOUS WEEK DATE: 4/17/2012 REFERENCE C-25573 LOG NAME17ESG2011- NO.: 2012AMENDMENT CODE C TYPE: NON- PUBLIC YES CONSENT HEARING: SUBJECT: Conduct a Public Hearing and Authorize a Substantial Amendment to the 2011-2012 Action Plan for the Use of $167,073.00 in Emergency Solutions Grant Funds Authorize Execution of Contracts with The Salvation Army and the Tarrant County Homeless Coalition 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 a Substantial Amendment to the City's 2011-2012 Action Plan for use of $167 073.00 in Emergency Solutions Grant funds from the United States Department of Housing and Urban Development, 2. Authorize a Substantial Amendment to the City's 2011-2012 Action Plan for submission to the United States Department of Housing and Urban Development including allocations of Emergency Solutions Grant funds to The Salvation Army and the Tarrant County Homeless Coalition for particular programs and activities; 3. Authorize the City Manager, or his designee, to execute contracts with The Salvation Army for $141,165 65 and the Tarrant County Homeless Coalition for $5 951.42, for one year terms beginning on the date of contact execution, contingent upon receipt of grant funding; 4. Authorize the City Manager, or his designee, to extend the contracts for up to one year if either The Salvation Army or the Tarrant County Homeless Coalition requests an extension and such extension is necessary for completion of the program or activity; 5. Authorize the City Manager, or his designee, to amend the contracts, if necessary, to achieve program goals, provided any amendment is within the scope of the program and in compliance with City policies and applicable laws and regulations governing the use of federal grant funds; and 6. Adopt the attached appropriation ordinance increasing the estimated receipts and appropriations in the Grants Fund in the amount of $167,073.00 in Emergency Solutions Grant funds, subject to receipt of the grant. DISCUSSION: The United States Department of Housing and Urban Development (HUD) has awarded the City a second allocation in the amount of $167,073.00 of Emergency Solutions Grant (ESG) funds for Fiscal Year 2011. The City must establish additional policies and procedures for the use of these ESG funds that will at minimum includes summary of the consultation process, summary of the citizen participation process, matching funds, proposed activities and overall budget, written standards for provision of ESG assistance, process for awarding funds, homeless participation requirement, performance standards, and required forms and certifications. HUD emphasized using these funds for rapid rehousing activities. Staff, as required by HUD, has consulted the local Continuum of Care in order to develop and update the required policies and procedures. http://apps.cfwnet.org/council_packet/mc review.asp7ID=16692&councildate=5/1/2012 9/14/2012 M&C Review Page 2 of 2 The City released a Request for Proposals for these funds on February 16, 2012 and received five proposals by the March 8, 2012 deadline The proposals were reviewed by Staff and presented to the Community Development Council (CDC) on April 4, 2012. After a public hearing, the CDC made the following recommendations to be presented to Council: EMERGENCY SOLUTIONS GRANT (ESG) Proposed Amount $141,165.65 Agencies/Programs The Salvation Army (Home Sweet Home) Tarrant County Homeless Coalition (Homeless Management Information System) Housing and Economic Development Department (Administration) Total ESG Budget $ 5,951.42 $ 19,955.93 $167,073.00 To comply with the Citizen Participation plan approved by HUD the first public hearing on the use of these ESG funds was held on April 4 2012 at the CDC meeting. The City Council will hold public hearings on April 17, 2012 and May 1, 2012. A 30-day public comment period was held from March 18, 2012 to April 16, 2012 for the funding allocation and a public comment period on the substantial amendment to the Action Plan began on March 30, 2012 and will end April 30, 2012. Any comments will be maintained by the Housing and Economic Development Department in accordance with federal regulations. The substantial amendment must be submitted to HUD by May 15, 2012. This Program is available for all ESG-eligible residents in ALL COUNCIL DISTRICTS. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that upon approval of recommendations, adoption of the attached 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 5XXXXX 017206532XXX $167.073.00 GR76 451727 017206532XXX $167.073.00 Submitted for City Manager's Office bv: Originating Department Head: Additional Information Contact: ATTACHMENTS 17ESG2011-2012AMENDMENT A012.doc FROM Fund/Account/Centers Fernando Costa (6122) Jay Chapa (5804) Cynthia Garcia (8187) Charletra Hurt (7536) http://apps.cfwnet org/council_packet/mc_review.asp?ID=16692&couneildate=5/1/2012 9/14/2012