HomeMy WebLinkAboutContract 39245 ITY SEC
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CONTRACT FOR HOMELESS PREVENTION AND
RAPID RE-HOUSING PROGRAM SERVICES
THIS contract ("Contract") is made and entered into by and between the City of Fort
Worth ("City"), whose address is 1000 Throckmorton St., Fort Worth, Texas 76102, acting by
and through T. M. Higgins, its duly authorized Assistant City Manager, and Tarrant County
Homeless Coalition, a Texas non-profit corporation ("Contractor"), whose address is 1415 E.
Lancaster, Suite 213, Fort Worth, TX 76102, acting by and through Cindy Crain its duly
authorized Executive Director. (Sometimes City and Contractor are referred to individually as a
"Party" and collectively as the "Parties".)
WHEREAS, City has received grant monies from the United States Department of
Housing and Urban Development ("HUD") from the Homelessness Prevention Fund, hereinafter
referred to as the "Homelessness Prevention and Rapid Re-Housing Program ("HPRP")", under
Title XII of the American Recovery and Reinvestment Act of 2009 ("Recovery Act");
WHEREAS, Congress intends that the purpose of the HPRP is to target and prioritize
households that are most in need of temporary assistance and are most likely to achieve stable
housing by providing financial assistance and services to either prevent individuals and families
from becoming homeless or help those who are experiencing homelessness to be quickly re-
housed and stabilized;
WHEREAS, the City's Community Development Council ("CDC") determined that a
portion of the HPRP funds should be designated for activities related to data collection and
evaluation, which is an eligible activity pursuant to the Recovery Act;
WHEREAS, the Recovery Act requires that data collection and reporting for HPRP be
conducted through the Homeless Management Information System ("HMIS") (or similar
database); and
WHEREAS, the Tarrant County Homeless Coalition is the sole entity in Tarrant County
operating an HMIS.
NOW, THEREFORE, THIS AGREEMENT FURTHER WITNESSETH:
THAT, the Parties covenant and agree as follows:
1. Scope of Services
a. Contractor will administer data collection and evaluation services for HPRP through
HMIS ("Program"), for the term September 1, 2009 to August 31, 2011.
b. Contractor will be responsible for administering Program in a manner satisfactory to City
and consistent with any standards required as a condition of providing the HPRP funds
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(as hereinafter defined), including those conditions set forth in the attached Exhibit A-
Scope of Services and Exhibit B-Program Requirements. Contractor shall participate
in HPRP training provided by City.
c. The activities performed by Contractor under this Contract shall be the following eligible
activity under the HPRP program (referred to herein as "Eligible Activity"): data
collection and evaluation.
d. Contractor will provide the services and activities as set forth in accordance with Exhibit
C-Program Services Schedule.
e. Contractor shall maintain full documentation supporting fulfillment of the Eligible
Activity performed under this Contract in its files. All such documentation shall be
furnished to City upon request if necessary for City to fulfill its obligations under its
Federal grant. If this documentation is not maintained and furnished to City on request,
City may exercise all remedies available under this Contract, including the right to
withhold payment to Contractor on this Contract or any other contract with Contractor, or
terminate this Contract as described herein.
f. City will monitor and evaluate Contractor's performance using the goals and performance
standards required in this Contract. Substandard performance as determined by City
monitoring will constitute non-compliance with this Contract. If action to correct such
substandard performance is not taken by Contractor within a reasonable period of time
after being notified in writing by City, procedures to suspend or terminate the Contract
will be initiated.
g. Contractor agrees to take reasonable steps to ensure meaningful access to the Program
and associated activities by limited English proficient persons, pursuant to Title VI of the
Civil Rights Act of 1964. In addition, all notices and communications regarding the
Program shall be provided in a manner that is effective for persons with hearing, visual,
and other communication-related disabilities, consistent with section 504 of the
Rehabilitation Act of 1973 and implementing regulations at 24 CFR 8.6.
h. Certain activities are expressly prohibited to be funded under this Contract,
including but not limited to planning and development of HMIS systems, development of
new software systems, replacing state and local government funding for an existing
HMIS, and HMIS implementation or start-up activities.
2. Compensation and Method of Payment
a. City will disburse HPRP funds ("HPRP Funds") in an amount up to SEVENTY
THOUSAND EIGHT HUNDRED TWENTY TWO AND 87/100 DOLLARS
$70,822.87) to Contractor on a reimbursement of expenses basis. Contractor is acting as a
subrecipient for the purposes of this contract in carrying out the eligible activities as set
fort in Exhibit A-Scope of Services.
b. Payment will be processed by City following receipt from Contractor of the following
monthly financial documents: (1) Attachment I- Request For Funds, (2) Attachment
II-Detail Statement of Costs, and (3) Attachment III-Expenditures Worksheet.
Payment by City to Contractor shall require completion of all City forms and copies of
adequate supporting documentation verifying eligibility of expenses as well as, where
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applicable, eligibility of Program participants. Reimbursement for the payment of
eligible expenses shall be made against the budget specified in Exhibit D-Program
Operating Budget and in accordance with performance specified in Exhibit C-Program
Services Schedule. City will not disburse funds for expenditures that occurred prior to
the beginning date of the term of this Contract.
c. Contractor agrees to utilize all disbursed HPRP Funds for the benefit of the Program.
Contractor agrees that all funds will be expended in accordance with Exhibit D-Program
Operating Budget. Contractor may not increase or decrease line-item amounts in the
approved HPRP Funds portion of Exhibit D-Program Operating Budget without City's
prior written approval. Budget revisions must be submitted one month prior to
implementation but no revisions will be accepted by City after July 15, 2011. Any HPRP
Funds not used in accordance with the Recovery Act, any other applicable federal laws
and regulations, and the terms of this Contract will be repaid to City.
d. It is understood that the total cost for operation of this Program is $70,822.87.
e. Contractor must expend sixty percent (60%) of the HPRP Funds granted hereunder by
August 31, 2010.
f. Contractor will ensure that HPRP Funds are not treated in any manner that would prevent
City from readily identifying expenditures for operation of the Program.
3. Administrative Requirements and Program Management Standards
a. Financial Management
i. Accounting Standards
Contractor agrees to comply with OMB Circular A-110, "Uniform Administrative
Requirements for Grants and Agreements with Institutions of Higher Education,
Hospitals and other Non-Profit Organizations", and agrees to adhere to the accounting
principles and procedures required therein, utilize adequate internal controls, and
maintain necessary source documentation for all costs incurred.
ii. Cost Principles
Contractor shall administer the Program in conformance with OMB Circular A-122,
"Cost Principles for Non-Profit Organizations" and attachments and revisions thereto,
regarding principles for determining costs for the Program.
b. Documentation and Record Keeping
i. Requirement
Contractor shall maintain all records pertinent to the activities to be funded under this
Contract. In addition, Contractor agrees to keep records to fully document all
expenditures charged to the Program, including records documenting the eligibility of
Program participants as more particularly described herein. The documentation must
support the amounts charged to the Program, the eligibility of the Program
participants, and demonstrate that the expenditures were appropriate to the stated
goals of the Program and allowable and/or eligible under applicable Federal, state and
City guidelines, as specified in Exhibit B-Program Requirements.
ii. Retention
All records pertaining to Program shall be retained for four (4) years following the
termination of this Contract. Contractor may destroy Program records at the end of
this four (4) year period if no outstanding audit finding exists.
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iii. Closeouts
Contractor's obligation to City shall not end until all closeout requirements are
completed. Activities during this closeout period shall include, but are not limited to:
making final payments, and determining the custodianship of records, and verification
of compliance with all record retention requirements set forth herein.
iv. Audits and Inspections
(1) City, HUD, and the United States Comptroller General, or their respective
representatives, shall have access to any books, documents, records and papers
relating to the operations of Contractor under this Contract for the purpose of
audit, examination, exception and transcription at all of Contractor's offices at all
reasonable hours.
(2) All non-federal entities that expend $500,000 or more in Federal funds within one
(1) year, regardless of the source of the Federal award, must submit to City an
annual audit prepared in accordance with 24 CFR Sections § 570.502-570.503
generally (known as a "Single Audit"), with specific reference to OMB Circulars
(with attachments)A-122, "Cost Principles for Non-Profit Organizations", and A-
133, "Audits of States, Local Governments, and Non-Profit Organizations", as
appropriate. The audit may cover either Contractor's fiscal year during which this
Contract is in force or cover the period of this Contract. The audit must be
prepared by an independent certified public accountant, be completed within nine
(9) months following the end of the period being audited and be submitted to City
within thirty (30) days of its completion. Contractor's audit certification is
attached hereto as Exhibit E - Audit Certification Form. The Audit
Certification Form must be submitted to City within sixty (60) days of the end of
the period being audited (Contractor's fiscal year). Costs of preparation of this
audit may be an allowable expenditure of HPRP Funds in an amount proportional
to that of the HPRP Funds used in Contractor's total agency operating budget.
Non-profit entities that expend less than $500,000 a year in Federal funds are
exempt from Federal audit requirements for that year, but shall provide City with
a copy of any other financial audit or audited financial statements prepared during
the Contract term, and records must be available for review or audit by
appropriate officials of the Federal agency, City, and General Accounting Office
("GAO").
(3) City reserves the right to perform an audit of Contractor's agency operations and
finances at any time during the term of this Contract, if City determines that such
audit is necessary for City's compliance with OMB Circular A-133. Contractor
agrees to allow access to all relevant books, records and materials. If such audit
reveals a questioned practice or expenditure, such questions must be resolved
within thirty (30) days after notice to Contractor. If questions are not resolved
within this period, City reserves the right to withhold further funding under this
Contract and/or any other contract(s) with Contractor.
(4) If as a result of any audit it is determined that Contractor has misused, misapplied
or misappropriated all or any part of the HPRP Funds, Contractor agrees to
reimburse the City the amount of such monies so misused, misapplied or
misappropriated, plus the amount of any sanction, penalty or other charge levied
against City because of such misuse, misapplication or misappropriation.
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(5) Contractor agrees that the City shall have access to any and all of Contractor's
programmatic operations and financial information pertaining to the Program in
order to monitor all activities performed by Contractor pursuant to this Contract to
ensure that the Program requirements established by HUD and the City are being
met.
4. Reporting Procedures
a. Financial Reports
Contractor will submit to City on a monthly basis: (1)Attachment I-Request for Funds,
(2) Attachment II-Detailed Statement of Costs, (3) Attachment III-Expenditures
Worksheet, as applicable, for expenses incurred for services and activities accomplished
by Contractor in performance of this Contract. Actual cash receipts for claimed
expenditures must be provided at the time the request for funds is presented. The reports
must be signed by a duly authorized agent of the Contractor and submitted by the 5th of
the month following the month being reported. City is under no obligation to disburse
funds for expenditures that occurred prior to the first day of the month for which the
report is submitted.
b. Progress Reports
i. Contractor will submit to City on a monthly basis: (1) HMIS monthly report and
(2) Attachment IV-Performance Report, The report will be signed by a duly
authorized agent of Contractor and submitted by the 5th of the month following
the month that is reported. City is under no obligation to disburse funds for
expenditures that occurred prior to the beginning date of this Contract.
ii. Contractor will submit to the City on a quarterly basis: (1) HMIS monthly report
for each month of the quarter. These quarterly reports shall be due on October 5;
January 5,April 5, and July 5 of each calendar year this Contract is in effect.
c. Procurement
i. Compliance
Contractor shall comply with City policy concerning the purchase of equipment and
shall maintain inventory records of all non-expendable personal property, as defined
by such policy, procured with funds provided under this Contract.
ii. OMB Standards
Contractor shall procure all materials, property, or services in accordance with the
requirements of 24 CFR Part 84, Procurement Standards and Property Standards, as
modified by 24 CFR Part 570.502(b)(6), covering utilization and disposal of property.
5. Reversion of Assets
a. All property purchased with HPRP Funds under this Contract will be used solely for
operation of the Program. Contractor agrees to obtain City approval prior to purchase of
property and Contractor agrees to notify City upon receipt of property so that it may be
properly tagged and inventoried. Title to such property will be vested in City, and
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Contractor will deliver all such property to City for disposition at City's sole discretion at
the termination of the Program.
6. Applicable Laws
a. Federal
Contractor agrees to comply with the following laws and the applicable regulations as
they are currently written or are hereafter amended during performance of this Contract:
• Title I of the Housing and Community Development Act of 1974 (42 USC 5301 et
seq.)
• The Recovery Act
• HUD Notice of Allocations, Applications Procedures, and Requirements for
Homelessness Prevention and Rapid Re-Housing Program Grantees under the
American Recovery Reinvestment Act of 2009, FR-5307-N-1 ("HUD Notice")
• Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970
(42 USC 4601 et seq.) and its related regulations at 49 CFR Part 24
• Title VI of the Civil Rights Act of 1964 (42 USC 2000d et seq.)
• Title VIII of the Civil Rights Act of 1968 (42 USC 3601 et seq.)
• Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et seq.), as amended by
the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851 et
seq.) and implementing regulations at 24 CFR part 35, subparts A, B, M, and R
• Uniform Administrative Requirements of 24 CFR part 85
• McKinney-Vento Homeless Assistance Act (42 USC 113 02)
• Executive Orders 11063, 11246, as amended by Executive Orders 11375 and 12086
and as supplemented by 41 CFR Part 60
• The Age Discrimination in Employment Act of 1967 (29 USC 62 1)
• The Age Discrimination Act of 1975 (42 USC 6101 et seq.)
• Section 504 of the Rehabilitation Act of 1973 (29 USC 794 et seq.) and 24 CFR Part
8 where applicable
• The Americans with Disabilities Act of 1990 (42 USC 12101)
• National Environmental Policy Act of 1969, as amended, 42 USC 4321 et seq.
("NEPA") and the related authorities listed 24 CFR Part 58
• The Clean Air Act, as amended (42 USC 7401 et seq.), the Clean Water Act of 1977,
as amended (33 USC 1251 et seq.) and the related EPA regulations at 40 CFR Part 15,
as amended from time to time, and 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.
• The Immigration Reform and Control Act of 1986 (8 USC 1101 et seq.), specifically
including the provisions requiring employer verification of the legal status of its
employees
• The Housing and Community Development Act of 1987 (42 USC 5301 et seq.)
• The Americans with Disabilities Act of 1990 (42 USC 12101 et seq.)
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• Drug Free Workplace Act of 1988 (41 USC 701 et seq.), 24 CFR Part 21, and 24 CFR
Part 23, Subpart F
• Regulations at 24 CFR Part 87 related to lobbying, including the requirement that
certifications and disclosures be obtained from all covered persons
• 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
• Mandatory standards and policies relating to energy efficiency which are contained in
the state energy conservation plan issued in compliance with the Energy Policy and
Conservation Act(Pub. L. 94A 163, 89 Stat. 87 1)
• For contracts and subgrants for construction or repair, Copeland "Anti-Kickback"Act
(18 U.S.C. 874) as supplemented in 29 CFR Part 3
• For construction contracts in excess of$2,000 awarded by Contractor when required
by Federal grant program legislation, Davis-Bacon Act (40 U.S.C. 276a to 276a-7) as
supplemented in 29 CFR Part 5
• For construction contracts awarded by Contractor in excess of$2,000, and in excess
of$2,500 for other contracts which involve the employment of mechanics or laborers,
Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40
U.S.C. 327A 330) as supplemented by 29 CFR Part 5.
b. Section 3 of the Housing and Urban Development Act of 1968, as amended, (12 USC
1701u et seq.) and its related regulations at 24 CFR Part 135
If the work to be performed under this Contract is on a project assisted under a program
providing direct Federal financial assistance from HUD, Section 3 of 24 CFR 135.38
("Section 3") requires that the following clause be inserted in all covered contracts
("Section 3 Clause"):
"A.The work to be performed under this contract is subject to the requirements of section
3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u
(section 3). The purpose of Section 3 is to ensure that employment and other
economic opportunities generated by HUD assistance or HUD-assisted projects
covered by Section 3, shall, to the greatest extent feasible, be directed to low- and
very low-income persons, particularly persons who are recipients of HUD assistance
for housing.
B. The Parties to this contract agree to comply with HUD's regulations in 24 CFR Part
135, which implement Section 3. As evidenced by their execution of this contract,
the Parties to this contract certify that they are under no contractual or other
impediment that would prevent them from complying with the Part 135 regulations.
C. The contractor agrees to send to each labor organization or representative of workers
with which the contractor has a collective bargaining agreement or other
understanding, if any, a notice advising the labor organization or workers'
representative of the contractor's commitments under this section 3 clause, and will
post copies of the notice in conspicuous places at the work site where both employees
and applicants for training and employment positions can see the notice. The notice
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shall describe the Section 3 preference, shall set forth minimum number and job titles
subject to hire, availability of apprenticeship 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 to include this section 3 clause in every subcontract subject to
compliance with regulations 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 a finding that the subcontractor is in violation of the regulations in 24
CFR Part 135. The contractor will not subcontract with any subcontractor where the
contractor has notice or knowledge that the subcontractor has been found in violation
of the regulations in 24 CFR Part 135.
E. The contractor will certify that any vacant employment positions, including training
positions, that are filled (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 require employment opportunities to be directed, were not filled to
circumvent the contractor's obligations under 24 CFR Part 135.
F. Noncompliance with HUD's regulations 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. 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 7(b) agree to comply with
Section 3 to the maximum extent feasible, but not in derogation of compliance with
section 7(b)."
City and Contractor understand and agree that compliance with the provisions of Section
3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of HUD
shall be a condition of the Federal financial assistance provided to the Program, binding upon
City and Contractor, and their respective successors, assigns and subcontractors. Failure to
fulfill these requirements shall subject Contractor and its subcontractors, and their respective
successors and assigns, to those sanctions specified by the Grant Agreement through which
Federal assistance is provided and to such sanctions as are specified by 24 CFR Part 135.
c. Other Laws
Contractor covenants and agrees that its officers, members, agents, employees, Program
participants and subcontractors shall abide by and comply with all other laws, Federal,
state and local, relevant to the performance of this Contract, including all applicable City
ordinances. Contractor further promises and agrees that it has read, and is familiar with,
the terms and conditions of the HUD Notice and that it will fully comply with it. It is
agreed and understood that, if City notifies Contractor of any such violation on the part of
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Contractor or any of its officers, members, agents, employees, Program participants or
subcontractors, then Contractor shall immediately desist from and correct such violation.
7. Nondiscrimination
a. Contractor will not unlawfully discriminate against any person or persons because of sex,
race, religion, age, disability, color, national origin, or familial status, nor will Contractor
permit its officers, members, agents, employees, subcontractors or Program participants
to engage in such discrimination.
b. Contractor covenants that neither it nor any of its officers, members, agents, employees,
Program participants or subcontractors, 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 except on the basis of bona fide occupational
qualification, retirement plan or statutory requirement.
c. Contractor further covenants that neither it nor its officers, members, agents, employees,
subcontractors, Program participants, 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.
d. In accordance with the provisions of the Americans With Disabilities Act of 1990
("ADA"), Contractor warrants that it and any and all of its subcontractors 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 Contractor, or employees of Contractor or any of its
subcontractors. Contractor warrants it will fully comply with ADA's provisions and
any other applicable Federal, state and local laws concerning disability and will
defend, indemnify and hold City harmless against any claims or allegations asserted
by third parties or subcontractors against City arising out of Contractor's and/or its
subcontractors' alleged failure to comply with the above-referenced laws concerning
disability discrimination in the performance of this Contract.
e. This Contract is made and entered into with reference specifically to the ordinances
codified at Chapter 17,Article III, Division 3 "Discrimination in Employment Practices",
of the City Code, and Contractor hereby covenants and agrees that Contractor, its
officers, members, agents, employees and subcontractors, have fully complied with all
provisions of same and that no employee, employee-applicant or Program participant has
been discriminated against by the terms of such ordinances by either the Contractor or its
officers, members, agents, employees or subcontractors.
f. Contractor shall comply with all applicable fair housing and civil rights requirements in
24 CFR 5.105(a). Contractor shall make it known to the public that HPRP rental
assistance and services are available to all on a nondiscriminatory basis and shall ensure
that all citizens have equal access to information about HPRP and equal access to the
financial assistance and services provided under the Program. Contractor has a duty to
affirmatively further fair housing opportunities for classes protected under the Fair
Housing Act, which protected classes include race, color, national origin, religion, sex,
disability, and familial status.
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g. City shall not discriminate against Contractor on the basis of the organization's religious
character or affiliation, if applicable. If Contractor is a religious organization, Contractor
shall not engage in inherently religious activities as part of the Program, though
Contractor may engage in such activities if they are offered separately, in time or
location, from the Program, and participation must be voluntary for Program participants.
Contractor, if it is a faith-based organization, may use space in its facilities to provide
HPRP-funded services, without removing religious art, icons, scriptures, or other
religious symbols. Contractor shall not, in providing Program assistance, discriminate
against a Program participant or prospective Program participant on the basis of religion
or religious belief.
8. Prohibition Against Interest
a. No member, officer or employee of City or its designees or agents; no member of the
governing body of the locality in which the Program is situated; and no other public
official of such locality or localities, who exercises any functions or responsibilities with
respect to the Program funded hereunder during his or her tenure or for one year
thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the
proceeds thereof, for work to be performed hereunder. Contractor shall incorporate, or
cause to be incorporated, like language prohibiting such interest in all contracts and
subcontracts entered into in connection with the Program.
b. No member, officer, employee, or Program participant of Contractor or its subcontractors
shall have a financial interest, direct or indirect, in this Contract or the HPRP Funds
transferred hereunder or be financially interested, directly or indirectly, in the sale to
Contractor of any land, materials, supplies or services purchased with any HPRP Funds
transferred hereunder, except on behalf of Contractor, as an officer, employee, member or
Program participant. Any willful violation of this paragraph with the expressed or
implied knowledge of Contractor or its subcontractors shall render this Contract voidable
by City.
9. Minority and Women Business Enterprise Commitment
Contractor agrees to abide by City's policy to involve Minority and Women Business
Enterprises ("MWBEs") in all phases of its procurement practices and to provide them an
equal opportunity to compete for contracts for construction, provision of professional
services, purchase of equipment and supplies and provision of other services required by
City. Contractor agrees to incorporate City Ordinance No. 15530, and all amendments or
successor policies thereto, into all contracts and will further require all persons or entities
with whom it contracts to comply with said MWBEs policy.
10. Non-Assignment
No assignment or delegation of duties under this Contract by Contractor shall be effective
without City's prior written approval. If City approves any such assignment or delegation of
duties, Contractor shall ensure that all requirements of this Contract are enforced and
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maintained by any subcontractor or assignee by means of a currently executed written
agreement covering the Contract term, a copy of which shall be made available to the City.
11. Independent Contractor
a. Contractor shall operate hereunder as an independent contractor and not as an officer,
agent, servant or employee of City. Contractor shall have exclusive control of, and the
exclusive right to control, the details of the work and services performed hereunder, and
all persons performing same, and shall be solely responsible for the acts and omissions of
its officers, members, agents, servants, employees, subcontractors, Program participants,
licensees or invitees. The doctrine of respondeat superior shall not apply as between City
and Contractor, its officers, members, agents, servants, employees, subcontractors,
Program participants, licensees or invitees, and nothing herein shall be construed as
creating a partnership or joint enterprise between City and Contractor. It is expressly
understood and agreed that no officer, member, agent, employee, subcontractor, licensee
or invitee of the Contractor, nor any Program participant hereunder, is in the paid service
of City and that City does not have the legal right to control the details of the tasks
performed hereunder by Contractor, its officers, members, agents, employees,
subcontractors, Program participants, licensees or invitees.
b. City shall in no way nor under any circumstances be responsible for any property
belonging to Contractor, its officers, members, agents, employees, subcontractors,
Program participants, licensees or invitees, which may be lost, stolen, destroyed or in any
way damaged; and Contractor hereby indemnifies and holds harmless City and its
officers, agents, and employees from and against any and all claims or suits.
12. Indemnification, Insurance and Bonding
a. CONTRACTOR COVENANTS AND AGREES TO INDEMNIFY, HOLD
HARMLESS AND DEFEND, AT ITS OWN EXPENSE, CITY AND ITS
OFFICERS, AGENTS, SERVANTS AND EMPLOYEES FROM AND AGAINST
ANY AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE
AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL
PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR
ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THE
EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE OR
NONPERFORMANCE OF THIS CONTRACT AND/OR THE OPERATIONS,
ACTIVITIES AND SERVICES OF THE PROGRAM DESCRIBED HEREIN,
WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY ALLEGED
NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES,
CONTRACTORS OR SUBCONTRACTORS OF CITY; AND CONTRACTOR
HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY OF CITY AND
ITS OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES FOR ANY AND ALL
CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR
PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF
WHATSOEVER KINDS OR CHARACTER, WHETHER REAL OR ASSERTED,
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ARISING OUT OF OR IN CONNECTION WITH THE EXECUTION,
PERFORMANCE, ATTEMPTED PERFORMANCE OR NON-PERFORMANCE
OF THIS CONTRACT AND AGREEMENT AND/OR THE OPERATIONS,
ACTIVITIES AND SERVICES OF THE PROGRAMS DESCRIBED HEREIN,
WHETHER OR NOT CAUSED IN WHOLE OR IN PART, BY ALLEGED
NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES,
CONTRACTORS OR SUBCONTRACTORS OF CITY. CONTRACTOR
LIKEWISE COVENANTS AND AGREES TO AND DOES HEREBY INDEMNIFY
AND HOLD HARMLESS CITY FROM AND AGAINST ANY AND ALL INJURY,
DAMAGE OR DESTRUCTION OF PROPERTY OF CITY,ARISING OUT OF OR
IN CONNECTION WITH ALL ACTS OR OMISSIONS OF CONTRACTOR, ITS
OFFICERS, MEMBERS, AGENTS, EMPLOYEES, SUBCONTRACTORS,
INVITEES, LICENSEES, OR PROGRAM PARTICIPANTS, OR CAUSED, IN
WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS,
SERVANTS, EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS OF
CITY.
CONTRACTOR AGREES TO AND SHALL RELEASE CITY, ITS AGENTS,
EMPLOYEES, OFFICERS AND LEGAL REPRESENTATIVES FROM ALL
LIABILITY FOR INJURY, DEATH, DAMAGE OR LOSS TO PERSONS OR
PROPERTY SUSTAINED IN CONNECTION WITH OR INCIDENTAL TO
PERFORMANCE UNDER THIS CONTRACT, EVEN IF THE INJURY, DEATH,
DAMAGE OR LOSS IS CAUSED BY THE CITY'S SOLE OR CONCURRENT
NEGLIGENCE.
CONTRACTOR SHALL REQUIRE ALL OF ITS SUBCONTRACTORS TO
INCLUDE IN THEIR SUBCONTRACTS A RELEASE AND INDEMNITY IN
FAVOR OF THE CITY IN SUBSTANTIALLY THE SAME FORM AS ABOVE.
b. Contractor will maintain blanket fidelity coverage in the form of a bond in the amount of
$251,655.00 .to insure against loss from the fraud, theft or dishonesty of any of
Contractor's officers, agents, trustees, directors or employees. The proceeds of such bond
shall be used to reimburse City for any and all loss of HPRP Funds occasioned by such
misconduct. To effectuate such reimbursement, such bond shall include a rider stating
that reimbursement for any loss or losses thereunder shall be made directly to City for the
uses and benefit of Contractor.
c. Contractor shall furnish certificates of insurance as proof that it has secured and paid for
policies of workers' compensation, public liability and automobile liability insurance
covering all risks incident to or in connection with the execution, performance, attempted
performance or nonperformance of this Contract. The amounts of such insurance shall
not be less than the maximum liability that can be imposed on City under the laws of the
State of Texas. Contractor understands and agrees that such insurance amounts may be
revised upward at City's option and that Contractor shall revise such amounts within
thirty (30) days following notice to Contractor of such requirements.
HPRP CONTRACT Rev.08-1131-09
Tarrant County Homeless Coalition Page 12
d. Contractor will submit documentation to City that it has obtained insurance coverage and
has executed bonds as required in this contract within thirty (30) days of the execution of
this Contract and prior to payment of any monies hereunder.
e. Any failure on part of the 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.
Issuers of Contractor insurance policies shall be licensed to do business in the State of
Texas by the Department of Insurance or be otherwise eligible and authorized to business
in the State of Texas. Insurers shall be acceptable to City insofar as their financial
strength and solvency and each such company shall have a current minimum A.M. Best
Key Rating Guide rating of A: VII or other equivalent insurance industry standard rating
unless otherwise approved by City. Deductible limits on insurance policies shall not
exceed $5,000 per occurrence unless otherwise approved by City.
f. Any local, federal or other regulatory insurance or bonding requirements for the Program
that exceed those specified herein shall prevail.
g. Contractor shall agree to require its subcontractors to maintain applicable insurance
coverages, limits, and other requirements as those specified herein; and, Contractor shall
require its subcontractors to provide Contractor with certificate(s) of insurance
documenting such coverage. Also, Contractor shall require its subcontractors to have
City and Contractor endorsed as additional insured (as their interests may appear) on their
respective insurance policies. Contractor shall require its subcontractors to maintain
builders risk insurance at the limit of applicable project(s) costs when the value of
materials involved exceeds $10,000 or at a different limit value limit as specified by City.
13. Waiver of Immunity
If Contractor is a charitable or nonprofit organization and has or claims an immunity or
exemption (statutory or otherwise) from and against liability for damages or injury, including
death, to persons or property, Contractor hereby expressly waives its rights to plead
defensively such immunity or exemption as against City. This section shall not be construed
to affect a governmental entity's immunities under constitutional, statutory or common law.
14. Remedies for Breach of Contract
Upon identification of possible breaches of contract, and prior to exercising its termination
rights under this Contract, City may elect to exercise any of the following administrative
remedies:
a. issuance of a warning letter indicating that further failure to comply with applicable
requirements will result in serious sanction and giving Contractor a limited time to correct
the deficiency;
b. placing conditions upon award of future grants;
c. directing Contractor to stop incurring costs until the deficiency is corrected and the
correction is verified;
d. requiring repayment of previously reimbursed grant funds; or
e. reducing the amount of pending grant awards or disallowing future awards to Contractor.
HPRP CONTRACT Rev.08-1131-09
Tarrant County Homeless Coalition Page 13
The City's election to exercise any, all, or none of the aforementioned administrative
remedies does not act as a waiver of any of City's other rights or remedies under the law or
this Contract for the enforcement of this Contract or the recovery of any damages relating to
Contractor's actions or inactions relating to the Program, HPRP Funds, and/or this Contract.
15. Termination
a. In addition to, and not in substitution for, other provisions of this Contract regarding the
provision of public services with HPRP Funds, it is expressly understood and agreed by
and between the Parties that this Contract is wholly conditioned upon the actual receipt
by City of HPRP funds; that all monies distributed to Contractor hereunder shall be
exclusively from Federal monies received under said grant and not from any other
monies of City; and that if such funds under City's grant are not timely forthcoming, in
whole or in part, City may, at its sole discretion, terminate this Contract and City shall not
be liable for payment for any work or services performed by Contractor under or in
connection with this Contract.
b. City may terminate this Contract whenever such termination is determined to be in City's
best interest, in event of Contractor's default, inability or failure to perform or to comply
with any of the terms herein, or, for other good cause, subject to Section 14 above.
c. HPRP Funds provided hereunder may not be used as collateral for loans to Contractor to
defray of Contractor's operation expenses, and any attempted use of HPRP Funds for this
purpose will result in termination of this Contract by City.
d. Termination will be effected by written notice to Contractor, specifying the portions of
the Contract affected and the effective date of termination. Upon Contractor's receipt of
such termination notice, Contractor will:
• Stop work under the Contract on the date and to the extent specified by City;
• Cease expenditures for which reimbursement of HPRP Funds would be sought under
this Contract, except as necessary for completion of the portions of the Contract not
terminated; and
• Terminate all orders and contracts to the extent that they relate to portions of the
Contract being terminated.
Contractor shall be reimbursed for valid, eligible expenditures for the Program made
prior to the termination of this Contract.
e. Contractor will return to City any unused HPRP Funds previously advanced by City
under this Contract within thirty (30) days of the effective date of Contract termination.
City will have no responsibility or liability for Contractor's expenditures or actions
occurring after the effective date of Contract termination.
15. Certification Regarding Lobbying
a. The undersigned representative of Contractor hereby certifies, to the best of his or her
knowledge and belief, that: No federal appropriated funds have been paid or will be paid,
by or on behalf of Contractor, to any person for influencing or attempting to influence an
officer or employee of any agency, a member of Congress, an officer or employee of
Congress or an employee of a member of Congress in connection with the awarding of
any Federal contract, the making of any Federal grant, the making of any Federal loan,
HPRP CONTRACT Rev.08-1131-09
Tarrant County Homeless Coalition Page 14
the entering into of any cooperative agreement and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan or cooperative
agreement. Contractor shall require that the language of this certification be included in
all subcontracts or agreements involving the expenditure of Federal funds.
b. If any funds other than Federal 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, a
member of Congress, an officer or employee of Congress, or an employee of a member of
Congress in connection with this Federal contract, grant, loan or cooperative agreement,
Contractor shall complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
c. 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 USC 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.
16. Miscellaneous Provisions
a. Contractor shall develop and implement procedures to ensure (1) the confidentiality of
records pertaining to any individual provided with assistance; and (2) that the address or
location of any assisted housing will not be made public, except to the extent that this
prohibition contradicts the Texas Open Records Act.
b. All terms of this Contract shall apply to any and all subcontractors of Contractor who are
in any way paid with HPRP Funds or who perform any work in connection with
Contractor's Program.
c. 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.
d. City's failure to insist upon the performance of any term or provision of this Contract or
to exercise any right herein conferred shall not be construed as a waiver or
relinquishment to any extent of City's right to assert or rely upon any such term or right
on any future occasion.
e. Should any action, whether real or asserted, at law or in equity, arise out of the execution,
performance, attempted performance or nonperformance of this Contract, venue for
action shall lie in Tarrant County, Texas.
f. This written instrument and the exhibits attached hereto, which are incorporated by
reference and made a part of this Contract for all purposes, constitute the entire
agreement between the Parties concerning the work and services to be performed
hereunder, and any prior or contemporaneous, oral or written agreement which purports
to vary from the terms hereof shall be void. Any amendments to the terms of this
Contract must be in writing and must be approved by each Party.
g. All notices required or permitted by this Contract must be in writing and are deemed
delivered on the earlier of the date actually received or the third day following (i) deposit
in a United States Postal Service post office or receptacle; (ii) with proper postage
HPRP CONTRACT Rev.08-1131-09
Tarrant County Homeless Coalition Page 15
(certified mail, return receipt requested); and (iii) addressed to the other Party at the
address set out in the preamble of this Contract or at such other address as the receiving
Party designates by proper notice to the sending Party.
h. None of the performance rendered under this Contract shall involve, and no portion of the
HPRP Funds received hereunder shall be used, directly or indirectly, for the construction,
operations, maintenance or administration of any sectarian or religious facility or activity,
nor shall said performance rendered or funds received be utilized so as to benefit, directly
or indirectly, any such sectarian or religious facility or activity.
i. Contractor represents that it possesses the legal authority, pursuant to any proper,
appropriate and official motion, resolution or action passed or taken, to enter into this
Contract and to perform the responsibilities herein required.
j. Contractor certifies that it has obtained a 501 (c) (3) Certificate from the Internal
Revenue Service. Contractor shall notify City in writing of any changes to its 501 (c) (3)
tax-exempt status during the term of this Contract.
k. In the event any copyright arises with respect to any data or other copyrightable work
developed in the course of or under this Contract, Contractor shall notify City of the
copyright and the copyright shall be assigned to City.
1. In the event a patentable invention is created as part of this Contract and a patent is
obtained, Contractor shall notify City of the patent and the patent shall be assigned to
City.
[SIGNATURES APPEAR ON FOLLOWING PAGE]
HPRP CONTRACT Rev.08-1131-09
Tarrant County Homeless Coalition Page 16
IN WITNESS WHEREOF, the Parties 4ereto have executed four copies of this Contract in
Fort Worth,Tarrant County, Texas, this fi►h—` day of OC-1:oha., , 20 09
CITY OF FORT WORTH Tarrant County Homeless Coalition
By: f By: --�_
T. M. Higgins G, Cindy CrainJI
Assistant City Manager Executive Director
APPROVED AS TO FORM AND LEGALITY-
ity Attorney
ATTEST: -�3:1
�\ contract Author=ization
Y $ � 1
[loci
City Secretary Date
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on , 2009 by T.
M. Higgins, the Assistant City Manager of the City of ForOWorth, on behalf of the City of Fort
Worth.
2""YP .0 MARIA S.SANCHEZ
r: NOTARY PUBLIC No
'Wry Public, State of Texas
STATE OF TEXAS
�T�tE OF� My Comm.Exp.12.14-2009
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on , 2009 by
Cindy Crain the Executive Director of Tarrant County ome ss Coalition, a--Texas non-profit
corporation, on behalf of said corporation.
otary Publi , Sta e of Te as
SARAH J.ODLE
MY COMMISSION EXPIRES t
. i
i
Nownber 5,2011
nl}„
HPRP CONTRACT 16v.'08-113'l-09
Tarrant County Homeless Coalition ="�` rj�c .°:"Y"'!L{ !age V
Contractor:Tarrant County Homeless Coalition EXHIBIT A
Homelessness Prvention and Rapid Re-Housing Program SCOPE OF SERVICES
Scope of Services
Homelessness Prevention and Rapid Re-Housing Program (HPRP)
September 1, 2009 — August 31, 2011 $70,822.87
CONTRACT NO. PERIOD AMOUNT
SCOPE OF SERVICES
This Scope of Services is based on the proposal prepared and submitted by the Contractor through the City's
Request for Proposal process. The Contractor is acting as a Subrecipient and agrees to operate this
Homelessness Prevention and Rapid Re-Housing("HPRP")program in a manner consistent with the program
delivery stated in its approved proposal. However, in the event of any conflict between the proposal and any
provision contained herein, this Contract shall control.
Program will include the following tasks and activities: Data Collection and Evaluation
SCOPE OF SERVICES
The scope of services shall include:
• HPRP HMIS Project Supervision and Management between all HPRP Grantees and Sub grantees including
managing project, operations and budget and ensuring data requirements and deadlines are met.
• HPRP HMIS Project Coordination and Operations including coordinating HMIS technical assistance and
desktop support staff, and end user training of the HMIS software
• HMIS System Administration and Maintenance of the HPRP HMIS system software, security, back-up and
recovery, implementing all upgrades to the system and software.
• Data Management and Analysis to ensure the quality and utility for the HMIS HPRP project data outputs and
reporting to meet all HUD requirements for end users, participant organizations and grantees involved in the
HPRP project.
KEY PERSONNEL:
• Project Supervision— Cindy Crain, Executive Director,Tarrant County Homeless Coalition
• Project Coordination—Kim Creamer Tarrant County ACCESS, Services Coordinator
• System Administration—Richard Hillegas,Tarrant County ACCESS, Network Administrator
• Technical Assistants,Tarrant County Homeless Coalition, FUTURE HIRE
All services will be provided atl 415 E. Lancaster, Suite 213,Fort Worth,TX 76102
The specific objectives, goals and level of services to be provided are listed below along with the geographical location
of clients served.
All services will be provided from September 1, 2009 to August 31, 2011.
The HPRP Funds will be used to pay for data collection and evaluation entry activities which are consistent with Exhibit
C-Program Operating Budget.
Contractor
Exhibit A
Pagel of 2
ft
REGULATORY CLASSIFICATION:
Regulatory Citation: FR-5307-N-01 Prevention U Rapid Re-Housing U Data and Evaluation (X)
Administration (_)
All program files should have the necessary documentation specified in the Contract and in Exhibit B-Program
Requirements.
GEOGRAPHICAL LOCATION:
Site Address: 1415 E.Lancaster, Suite 213,Fort Worth,TX 76102
Client Beneficiary Location (Neighborhood, District, Citywide...): City of Fort Worth
PROGRAM GOALS:
• Data Management and Analysis to ensure the quality and utility for the HMIS HPRP project data outputs and
reporting to meet all HUD requirements for end users, participant organizations and grantees involved in the
HPRP project.
PROGRAM OBJECTIVES:
1) To ensure that all quarterly reporting periods for the City of Fort Worth are met with the correct data
needed as required by HUD.
2) To provide training and technical support to City of Fort Worth HPRP subrecipients in the areas of
HMIS.
PROGRAM SERVICES and ACTIVITIES Total Units of Services for Year
Level of service should be identified in a quantifiable unit and directly related to specified objectives. These
activities should be consistent with activities listed on Exhibit D-Program Services Schedule. Activities
should also be consistent with those required by IDIS.
2518729821
Total Total
Units of Units of
Services Services
2009-2010 2010-
Activity 2011
Data Collection and Evaluation
# of monthly HPRP reports submitted to the City of Fort Worth
describing HPRP activities for each HPRP subrecipient providing
HPRP services to the community 84 84
Contractor
Exhibit A
Page 2 of 2
Contractor: Tarrant County Homeless Exhibit B
Coalition
Homelessnes Prevention and Rapid Re- Program Requirements
Housing
September 1, 2009 — August 31, 2011 $70,822.87
CONTRACT NO. PERIOD AMOUNT
a. Data Reporting:
i. Purchase of HMIS software and/or licenses;
ii. Leasing or purchasing needed computer equipment for providers
and the central server;
iii. Costs associated with data collection;
iv. Entry and analysis; and
v. Staffing associated with the operation of the HMIS, including
training.
Contractor:
Exhibit B
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CITY OF FORT WORTH
HOUSING AND ECONOMIC DEVELOPMENT DEPARTMENT
September 22, 2009
Tarrant County Homeless Coalition
RE: Audit Certification for the Year 2009
Dear Contractor:
The City of Fort Worth must ensure that its Contractors are in compliance with all
applicable audit requirements. Please complete and return the enclosed Audit
Certification Form for the fiscal year noted above by the required due date.
Any Audit Certification Forms requested for fiscal years that ended prior to, or
on December 31, 2008, are delinquent and your organization is currently out of
compliance.
If less than $500,000 in total federal funds was expended during each fiscal year, no
further audit requirements are applicable. If$500,000 or more in total federal funds was
expended during any fiscal year noted above, two copies of the Single Audit report
should also be submitted to this office. The Single Audit reports should be submitted
within thirty (30) days of completion and no later than nine (9) months after the end of
the fiscal year. Failure to submit a required report will result in noncompliance for
your organization.
Please implement procedures to submit future Audit Certification Forms and Single Audit
reports (if necessary) to this office each year that a contract is active with the City of Fort
Worth. The Audit Certification Form should be submitted within sixty (60) days after
the end of your fiscal year. Failure to submit an Audit Certification Form by the
required due date will result in your organization being out of compliance.
If your organization is out of compliance with any federal regulations, funding for
current grants and consideration for future grants will be affected. Please call 817-
392-7536 if you have any questions or need additional information.
Sincerely,
Barbara Asbury
Grants Manager
Enclosures
cc:
Compliance File
CITY OF FORT WORTH
HOUSING AND ECONOMIC DEVELOPMENT
AUDIT REQUIREMENTS
Organizations expending $500,000 or more in federal awards (from City of Fort Worth
and other funding sources) during their fiscal years shall obtain either an annual single
audit or a program specific audit. Organizations may have a program specific audit in
accordance with OMB Circular A-133 if they expended funds for only one federal
program as listed in the Catalog of Federal Domestic Assistance (CFDA). If funds are
spent for more than one federal program, a single audit is required. The audited time
period is the organization's fiscal year, and not the City of Fort Worth's funding
period.
The audit shall be conducted by a certified public accountant (CPA) that is licensed at
the time of the audit by the appropriate regulatory body. The CPA shall meet all of
the general standards concerning qualifications, independence, due professional care
and quality control as required by Government Auditing Standards, including the
requirements for continuing professional education and external peer reviews. Auditor
selection must adhere to federal procurement requirements.
A separate supplementary schedule of revenues, expenditures and changes in fund
balance for each City of Fort Worth contract is no longer required. The Schedule of
Expenditures of Federal Awards should list City of Fort Worth 's contract numbers,
the total expended for each individual federal program, and the CFDA number (OMB
A-133 § .310).
The independent auditor's report should include all of the relevant items listed on
the "Audit Report Checklist." Additional guidance on the conduct and reporting of
these audits is contained in the latest issuance of the following publications:
Government Auditing Standards issued by the Comptroller General of the United States, 2003
OMB Circular A-133 as revised 6/30/97 and amended June 2003
OMB Circular A-133 Compliance Supplement
AICPA's Statement of Position 98-3, "Audits of States, Local Governments, and Not-for-
Profit Organizations Receiving Federal Awards"
Various AICPA audit guides for nonprofits, colleges and universities and health and
welfare organizations
AICPA's Audit Risk Alert "State and Local Governmental Developments"
All organizations that receive a City of Fort Worth award must submit the provided
Audit Certification Form which certifies whether you are subject to a single/program
audit. Organizations receiving federal awards from the City of Fort Worth who are
not required to have an audit shall certify in writing to the agency. The organizations
Chief Executive Officer or Chief Financial Officer shall make the certification
within 60 days of the end of the organization's fiscal year.
The following items should be submitted to the City of Fort Worth Housing
Department within the required timeframe:
Due 60 days after organization's fiscal year end: (required for all subrecipients)
• Completed Audit Certification Form
Due within the earlier of 30 days after receipt of the auditor's report or nine months after the
end of the audit period.
• Two copies of the entire audit report issued by the CPA
• Two copies of any management letter issued by the CPA in
conjunction with the audit report
• Two copies of management's comments on all findings,
recommendations, & questioned costs contained in the audit report
and management letter, including a detailed corrective action plan
Failure to submit any of these items by the required due date may result in holds
on current draw requests, suspension of the organization's contract(s) and eligibility for
future funding.
If the organization does not meet the requirements of having a single/program
audit conducted, records must still be kept available for review or audit by City of Fort
Worth staff(OMB A-133 Subpart B Sec 200(d).
If additional information is needed concerning the audit requirements, please call
(817) 392-6141.
CITY OF FORT WORTH
HOUSING AND ECONOMIC DEVELOPMENT DEPARTMENT
SINGLE AUDIT REPORT CHECKLIST
The Department developed this checklist to help organizations improve the quality and
completeness of audit reports.
General Purpose or Basic Financial Statements of the Organization Opinion/Report on
Organization's Financial Statements in accordance with Government Auditing Standards
Notes to the General Purpose or Basic Financial Statements of the Organization
A Schedule of Expenditures of Federal Awards, including the Department's contract
numbers, the total expended for the federal program, and the CFDA number (OMB A-
133 Subpart C Sec 310).
Opinion/Report on Schedule of Expenditures of Federal and State Awards
Report on Compliance and on Internals Control Over Financial Reporting Based on an
Audit of Financial Statements Performed in Accordance With Government
Auditing Standards. (OMB A-133 § 505 (b))
Report on Compliance with Requirements Applicable to Each Major Program and
Internal Control over Compliance in Accordance with OMB Circular A-133. (OMB A-
133 § 505 (c))
Schedule of Findings and Questioned Costs (OMB A-133 §. 505d), including: Summary
Schedule of Prior Audit Findings reporting the status of all findings included in the prior
audit's schedule of findings and questioned costs. (OMB A-133 Sec. 315 (a) and (b))
Corrective Action Plan including(OMB A-133 Sec. 315 (c)) name of person
responsible for the corrective action, corrective action planned, anticipated
completion date, and explanation and reason if auditee does not agree with findings or
believes correction is not required.
All reports are signed and dated by the auditor
Two copies of the audit reports are submitted
Two copies of the management letter, if issued in conjunction with the audit report Two
copies of comments by management concerning all findings and
recommendations included in management letter, including a corrective
action plan
EXHIBIT E
CITY OF FORT WORTH HOUSING & ECONOMIC DEVELOPMENT
Audit Certification Form
Subrecipient:"Ja 1 CVA OPU(e% Fiscal Year Ending:
6n Mo Day Yr
❑ 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 nine (9) months after the end of the
audited fiscal year or thirty (30) days within its completion, whichever is the earlier date.
NDuring the fiscal year in which funds will be received, we will not exceed the
$500,000 federal expenditure threshold required for a Single Audit or a Program Specific Audit
to be performed this fiscal year. (Fill out schedule below)
Federal Expenditure Disclosure
Federal Funds
Must be filled out if Single Audit or Program Audit is not required:
Pass Through Program Name & Contract
Federal Grantor Grantor CFDA Number Number Expenditures
Total Federal Expenditures for this Fiscal Year $ ,
X C��\ 6� f,C V-t C
ted N e Title (Must be CFO, CEO or equivalent)
Authorized Signatur (Must be CFO, CEO or equivalent) Phone Number Date
Failure to submit this or a similar statement or failure to submit a completed single
audit package as described in the federally required audit requirements described in OMB
Circulars A-133 by the required due date may result in suspension of funding and may
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.
Contractor: Tarrant County Homeless Coalition EXHIBIT F
Homelessness Prevention and Rapid Re-Housing CONFLICT OF INTEREST
All Applicants
The standards in OMB Circular A-110, Subpart C, provide that no employee, officer, or agent shall participate in the
selection, award, or administration of a contract supported by Federal funds if real or apparent conflict of interest would
be involved. Such a conflict would arise when an employee, officer, or agent, any member of his or her immediate
family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has
a financial or other interest in the firm selection for an award.
IF NO CONFLICTS EXIST, COMPLETE THE FOLLOWING:
I certify that no conflict of inte st exists between The City of Fort Worth and
(Name of Organization)
I certify that no conflict of interest exists between the subcontractors of and
(Name of Organization)
IF THERE IS A CONFLICT,COMPLETE THE FOLLOWING:
I certify that a conflict of interest does exist between The City of Fort Worth and
(Name of Organization)
I certify that a conflict of interest does exist between
and
(Name of subcontractor)
(Name of Organization)
Describe the nature of the conflict of interest below: (Please identify the individual,employment,and the conflict or potential conflict[their affiliation with your
organization )
Signature of Authorize �,cy icial Date
Typed Name and Title
Attachment I
CITY OF FORT WORTH
HOUSING AND ECONOMIC DEVELOPMENT DEPARTMENT
COMPLIANCE DIVISION
REQUEST FOR FUNDS
HPRP 2009-2011
AGENCY: PROGRAM: HPRP
ADDRESS: CONTRACT NUMBER:
CONTRACT AMOUNT:
CONTRACT DATE: 9/1/2009
DATE OF REQUEST:
IDIS NUMBER:
SECTION I(AGENCY) CURRENT MONTH CUMULATIVE
1. Reimbursement Request
A. Rapid Re-Housing Expenditures: $ $
B. Prevention Expenditures: $ $
C. Data and Evaluation Expenditures: $ $
D. Administration Expenditures: $ $
E. Total Reimbursement: $0.00 $0.00
2.Requested By:
A. Agency
(Name) (Signature) (Date)
SECTION II (CITY)
1. BUYSPEED-Purchasing Request
A.BUYSPEED INPUT:Vendor/PO Number/Requisition Number:
B. Fund/Account/Center:
Rapid Re-Housing
Prevention
Data&Evaluation
Administration
C.Total Amount of this Request: $0.00
SECTION III (CITY)
1. Verification
A. Contract Compliance Specialist Charletra Hurt
(Signature) (Date)
(Name)
B. Accounting
(Name) (Signature) (Date)
2.Authorization
A Grants Manager Barbara Asbury
(Name) (Signature) (Date)
B Director Jesus"Jay'Chapa
(Name) (Signature) (Date)
Distribution.
1 Copy-Accounting
1 Copy-Compliance
Note:Any Request for Funds that exceed$8500 require the signature of both Grants Manager/Designee and Director
CITY OF FORT WORTH ATTACHMENT II
HOUSING AND ECONOMIC DEVELOPMENT DEPARTMENT
COMPLIANCE DIVISION
DETAILED STATEMENT OF COSTS
HPRP RAPID RE-HOUSING
AGENCY CONTRACT N0. DATE
TO
PROGRAM REPORT PERIOD
PROGRAM MONTHLY CUMULATIVE
COST CATEGORY ACCOUNT BUDGET EXPENDITURES TO DATE BALANCE
ADMINISTRATIVE EXPENSES
Salaries
FICA
Life Insurance
Health Insurance
Disability Insurance
Unemployment
Legal and Accounting
Office Supplies
Postage
Tele hone
ADMINISTRATIVE EXPENSES SUB-TOTAL-<
ADMINISTRATIVE EXPENSES PERCENT OF TOTAL COST =
STABILIZATION SERVICES
Salaries
FICA
Life Insurance
Health Insurance
-
Disability Insurance
Unemployment-State
Other(Specify)
Electric/Gas/Water/Utilities
Rent (Building)
Office Equipment Rental
Printing
Repairs
Postage
Building Maintenance
Office Supplies
Telephone
Corporate Insurance
Private Auto Allowance
Conference &Seminars
TOTAL SUPPORT SERVICES
FINANCIAL ASSISTANCE
SHORT-TERM ASSISTANCE
MEDIUM TERM RENTAL
ASSISTANCE
TOTAL RENTAL SERVICES
TOTAL
Contractors Certification: I certify that the costs incurred are taken from the books of account and that such costs are valid and consistent with the terms of
the agreement.
NAME and TITLE OF AUTHORIZED OFFICER SIGNATURE and DATE
CITY OF FORT WORTH ATTACHMENTIIa
HOUSING AND ECONOMIC DEVELOPMENT DEPARTMENT
COMPLIANCE DIVISION
DETAILED STATEMENT OF COSTS
HPRP PREVENTION
CONTRACT NO. DATE
AGENCY TO
REPORT PERIOD
PROGRAM
PROGRAM MONTHLY CUMULATIVE
COST CATEGORY ACCOUNT BUDGET EXPENDITURES TO DATE BALANCE
ADMINISTRATIVE EXPENSES
Salaries
FICA
Life Insurance
Health Insurance
Disability Insurance
Unemployment
Legal and Accounting
Office Supplies
Postage
T e hone
ADMINISTRATIVE EXPENSES SUB-TOTAL
ADMINISTRATIVE EXPENSES PERCENT OF TOTAL COST =
STABILIZATION SERVICES
Salaries
FICA
Life Insurance
Health Insurance
Disabilitv Insurance
Unemployment-State
Other (Specify)
Electric/Gas/Water/Utilities
Rent (Building)
Office Equipment Rental
Printing
Repairs
Postage
Building Maintenance
Office Supplies
Telephone
Corporate Insurance
Private Auto Allowance
Conference &Seminars
TOTAL SUPPORT SERVICES
FINANCIAL ASSISTANCE
SHORT-TERM ASSISTANCE
MEDIUM TERM RENTAL
ASSISTANCE
TOTAL RENTAL SERVICES
TOTAL
Contractors Certification: I certify that the costs incurred are taken from the books of account and that such costs are valid and consistent with the terms of
the agreement.
NAME and TITLE OF AUTHORIZED OFFICER SIGNATURE and DATE
Attachment III
CITY OF FORT WORTH
HOUSING &ECONOMIC DEVELOPMENT DEPARTMENT
COMPLIANCE DIVISION
EXPENDITURES WORKSHEET
Date
Agency
To
Report Period
Program
NO DATE CHECK NO PAYEE DESCRIPTION ACCOUNT NO. AMOUNT
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
P 38
39 TOTAL $0.00
TITLE OF AUTHORIZED OFFICER SIGNATURE AND DATE
City of Fort Worth Attachment V
Housing and Economic Development
Compliance Division
HOPWA 2009-2010
Homelessness Prevention and Rapid Re-Housing
Agency/Address 2. Program Name:
3. Contract No: Contract Date: September 1,200
Contract Amount:
4. Date of Request:
Month &Year
5. PROGRAM SERVICES AND ACTIVITIES: CURRENT CUMULATIVE
"Goals listed on Contract Exhibits Ashould be listed here.
6. SCOPE OF WORK NARRATIVE:
7. PROBLEMS ENCOUNTERED/SOLUTIONS PROPOSED:
8. ANTICIPATED ACTIVITY DURING THE NEXT MONTH:
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. It is also acknowledged that the provision of false information could leave the certifying official subject to the penalties of federal,
state,and local law.
Date: Submitted By: Phone No.
Signature Required