HomeMy WebLinkAboutContract 31984 STATE OF TEXAS
COUNTY OF TARRANT CITY SECRETARY t
CCN` PACT NO.
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 Richard Zavala,
its duly authorized Acting Assistant City Manager, and Presbyterian Night Shelter ("Contractor"), whose
address is 2400 Cypress Street, Fort Worth, TX 76102, , acting by and through Mr. John Suggs, 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") under Subtitle B of Tide IV of the Stewart B. McKinney Homeless
Assistance Act, as amended, (43 USC 11371 et seq.) in connection with the Emergency Shelter Giants
("ESG") program, Program No. S-05-MC-48-0006, for Year XXXI;
WHEREAS, the ESG program provides homeless persons with basic shelter and essential supportive
services;
WHEREAS, one of the national objectives of the ESG program is to benefit low and moderate
income citizens (the "National Objective");
WHEREAS, the assigned Catalog of Federal Domestic Assistance (CFDA) number is 14.231 for this
Federal program; and
WHEREAS City citizens, the Community Development Council, and the City Council have
determined that ESG programs are needed by the City's low and moderate-income citizens.
NOW,THEREFORE,THIS AGREEMENT FURTHER WITNESSETH:
THAT, the Parties covenant and agree as follows:
1. Scope of Sert ices
a. Contractor will administer Emergency Shelter services to citizens of the City of Fort Worth under
the program name Homeless Shelter ("Program"), for the term June 1, 2005 to May 31, 2006.
b. Contractor will provide the services and activities as set forth in Exhibit A-Program Summary in
accordance with Exhibit B-Program Services Schedule.
C. Contractor agrees to meet the National Objective of activities benefiting low and moderate-income
individuals and to maintain full documentation supporting fulfillment of this National Objective in its
files.
d. 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.
2. Compensation and Method of Payment
a. City will disburse ESG Year XXXI funds ("ESG Funds") in an amount up to $151,308 to
Contractor on a reimbursement of expenses basis.
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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. Reimbursement for the payment of eligible
expenses shall be made against the budget specified in Exhibit C-Program Operating Budget and in
accordance with performance specified in Exhibit B-Program Services Schedule. City is under no
obligation to disburse funds for expenditures that occurred prior to the first day of the month for
which the reports are submitted.
c. Contractor agrees to utilize all disbursed ESG Funds for the benefit of the Program. Contractor
agrees that all funds will be expended in accordance with Exhibit C-Program Operating Budget.
Contractor may not increase or decrease line-item amounts in the approved ESG Funds portion of
Exhibit C-Program Operating Budget without City's prior written approval.
d. It is understood that the total cost for operation of this Program is $1,410,525 Presbyterian Night
Shelter and that Contractor will obtain from other sources the remaining funds in excess of the ESG
Funds as detailed in Exhibit C-Program Operating Budget. Contractor will notify City promptly of any
additional funds it receives for operation of the Program, and City reserves the right to amend Exhibit
C-Program Operating Budget in such instances.
e. Contractor agrees to keep all ESG Funds on hand in interest bearing accounts. All interest earned
shall be reported to City on a monthly basis, at the same time as submission of the monthly report
following the end of the Contract month during which the interest was earned. Interest in an amount
of $25.00 or less per month may be used for authorized Program expenses. These amounts must be
reported on the monthly financial statements filed pursuant to this Contract. Interest earned in excess
of $25.00 per month is subject to remittance to City as directed by City.
f. Contractor 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.
3. Uniform Administrative Requirements and Program Management Standards
a. Financial Management
i. Accounting Standards
The 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
required in 24 CFR § 570.506. In addition, Contractor agrees to keep records to fully document all
expenditures charged to the ESG portion of the Program. The documentation must support the
amounts charged to the Program and demonstrate that the expenditures were appropriate to the
stated goals of the Program and allowable under applicable Federal, state and City guidelines.
ii. Retention
(1) 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.
(2) Contractor will retain any Program loan records until four (4) years after the expiration of any
loan.
iii. Real Property Records
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Contractor shall maintain real property inventory records that clearly identify properties purchased,
improved, or sold. Properties retained shall meet eligibility criteria and shall conform to the
requirements of 24 CFR � 570.505.
iv. 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,
disposing of Program assets (including the return of all unused materials, equipment, unspent cash
advances, Program income balances, and accounts receivable to City), and determining the
custodianship of records.
v. 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, 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 twelve (12) 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 D - Audit Schedule Independent Audit Requirement. The Audit
Schedule 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 ESG Funds in an amount proportional to that of the ESG 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 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 fifteen (15) days after notice to Contractor. 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.
(4) If as a result of any audit it is determined that Contractor has misused, misapplied or
misappropriated all or any part of the ESG 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.
4. Reporting Procedure
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_
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of the Contractor and submitted by the 15`h 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
Contractor will submit to City on a monthly basis: (1) Attachment IV-Program Services Report, (2)
Attachment V-Performance Report for services and activities undertaken by Contractor in
performance of this Contract. The report will be signed by a duly authorized agent of Contractor
and submitted by the 15`h of the month following the month that is reported. City is under no
obligation to disburse funds for expenditures that occurred prior to the firs day of the month for
which the report is submitted.
c. Program Income
Contractor agrees that all program income from operation of the Program in proportion to the
amount of ESG Funds received hereunder will be expended prior to expending ESG Funds and
that any such program income is subject to the terms of this Contract. Contractor may expend
ESG Funds only if program income is insufficient to meet all eligible Program activity expenses.
Contractor agrees to return to City at the end of the Contract any remaining program income
earned from operation of the Program in proportion to the amount of ESG Funds in Exhibit A-
Program Summary and Exhibit C-Program Operating Budget.
d. 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. Contractor agrees to return to City any ESG Funds remaining on hand at the end of the Contract.
b. All property purchased with ESG 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 Contractor will deliver all such property to City for
disposition at City's sole discretion at the termination of the Program.
6. Applicable Lazes
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 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.)
• 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 621)
• 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
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• 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.)
• Drug Free Workplace Act of 1988 (41 USC 701 et seq.) and 24 CFR Part 23, Subpart F
• Regulations as 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.
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
As 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 shall describe the Section 3 preference, shall set forth minimum number and job tides 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
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opportunities to be directed, were not filled to circumvent the contractor's obligations under 24
CFR Part 135.
R 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, rules and regulations and the
Housing and Community Development Act of 1974 (42 USC 5301 et seg.), as amended, and all related
regulations. Contractor further promises and agrees that it has read, and is familiar with, terms and
conditions of the Emergency Shelter Grant under which ESG Funds are granted and that it will fully
comply with them. It is agreed and understood that, if City notifies Contractor of any such violation
on the part of 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 not 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, not in the availability, terms and/or
conditions of employment for applicants for employment with Contractor, or employees of Contractor
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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.
8. Prohibition Again t 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 ESG 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 ESG 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 Policy.
10. Non Assignment
No assignment or delegation of duties under this Contract by Contractor shall be effective without
City's prior written approval.
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 invitee. The doctrine of respondeat
superior shall not apply as between City and Contractor, its officers, members, ag_ents,_ sexy_a,nts,-
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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 not 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. 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
OPEP.ATIONS, 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, 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
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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 $151,308,
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 ESG 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.
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. Insurers 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. Termination
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Presbyterian Night Shelter(Emergency Shelter)
a. In addition to, and not in substitution for, other provisions of this Contract regarding the provision
of public services with ESG Funds, pursuant to Subtitle B of Title IV of the Stewart B. McKinney
Homeless Assistance Act, as amended,it is expressly understood and agreed by and between the Parties
that this Contract is wholly conditioned upon the actual receipt by City of Federal ESG Year XXXI
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.
c. The Parties acknowledge that ESG Funds paid hereunder are intended to provide only partial
funding for Contractor's program operations. City may terminate this Contract if non-ESG funds
included in the Operating Budget are not forthcoming to Contractor during the Contract term.
d. ESG Funds provided hereunder may not be used as collateral for loans to Contractor to defray
program operation expenses, and any attempted use of ESG Funds for this purpose will result in
termination of this Contract by City.
e. 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 of ESG Funds, 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.
f. Contractor will return to City any unused ESG 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 KegardingLobbying
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, 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
ESG YEAR XXXI CONTRACT Rev.05-18-05
Presbyterian Night Shelter(Emergency Shelter) 10
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. All terms of this Contract shall apply to any and all subcontractors of Contractor who are in any
way paid with ESG Funds or who perform any work in connection with Contractor's program.
b. 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.
c. 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.
d. 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 he in
Tarrant County,Texas.
e. 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.
£ 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 (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.
g. In accordance with the requirements of 24 CFR Part 576.23 (a) (i), none of the performance
rendered under this Contract shall involve, and no portion of the ESG 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.
h. 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.
i. 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.
[SIGNATURES APPEAR ON FOLLOWING PAGE]
ESG YEAR XXXI CONTRACT Rev. 05-18-05
Presbyterian Night Shelter(Emergency Shelter)
--A
IN WITNESS WHEREOF, the Pa. ereto have ex c ed three (3) copies of this Contract in Fort
Worth, Tarrant County,Texas, this day of Lao 20 _.
CITY OF FORT WORTH Presbyterian Night Shelter
By. By
ava 4r.John Suggs UU
g-Assistant City Manager Executive Director
APPROVE AS TO FORM AND LEGALITY:
City ttorney rv�7aq�
ATTEST: Contract Authorizatiox
C �
Date
City Secretary
STATE OF TEXAS
COUNTY OF TARRANT
This instrument was acknowledged before me on ?,Gv,� 62 200 by
�,N e g Assistant City Manager of the City of Fort Uorth, on behalf of the City of Fort
Worth.
ROSELLABARNES
*• *= MY COMMISSION EXPIRES Notaiy Public, State of Texas
=;;�•a March 31,2009
STATE OF TEXAS
COUNTY OF TARR.ANT �
This instrument was acknowledged before me on 13UtN F03 200 S by Mr.
John Suggs, the Executive Director of Presbyterian Night Shelter, a Texas non-profit corporation, on
behalf of said corporation.
7_ b'j,
Notary Public, State of Texas
RICHARD VICKERS
®, Notary Public,State Of Texas
My Commission Expires On f
08.26-2006
is
ESG YEAR AXI CONTRACT Rev.05-18-05
Presbyterian Night Shelter(Emergency Shelter) 12
CITY OF FORT WORTH Attachment
BUDGET AND MANAGEMENT SERVICES DEPARTMENT
CONTRACT MANAGEMENT DIVISION
REQUEST FOR FUNDS
AGENCY: Presbyterian Night Shelter PROGRAM: Emergency Shelter
ADDRESS: 2400 Cypress Street CONTRACT NUMBER:
Fort Worth, TX 76102 CONTRACT AMOUNT: $151,308
CONTRACT DATE: June 1, 2005
DATE OF REQUEST:
SECTION I (AGENCY) CURRENT MONTH CUMULATIVE
I. Reimbursement Request $
1. Expenditures: $
2. Income $
A. Program Income $
B. City of Fort Worth $ $
C. Interest Earned CDBG Funds $ $
3. Reimbursement(1 minus 2) $ $
11. Advance Pay Requests/Repayment $ $
III. Reporting Interest $
1. Interest over$25 per quarter returned to City of Fort Worth $
SECTION 11 (CITY)
I. BYSPEED - Purchasing Request
A. BYSPEED INPUT:Vendor/PO Number/Requisition Number:
B. Fund/Account/Center: GR76/539120/003206007040
C.Total Amount of this Request: $
SECTION III
1. Verification
A. Contract compliance Specialist Sherry Johnson
(Name) (Signature) (Date)
B. BYSPEED-Purchasing
(Name) (Signature) (Date)
C. Accounting
(Name) (Signature) (Date)
11. Authorization
A. Agency John Suggs
(Name) (Signature) (Date)
B. Contract Manager D.Emerson
(Name) (Signature) (Date)
C. Budget Director B. Garrett
(Name) (Signature) (Date)
Distribution:
1 Copy-Accounting
1 Copy-IAGM
1 Copy-Agency V J
✓1:�J16 u�a'no
P
CITY OF FORT WORTH
BUDGET AND MANAGEMENT SERVICES DEPARTMENT ESG ATTACHMENT II
CONTRACT MANAGEMENT DIVISION
ESG 2005-2006
Presbyterian Night Shelter
Period
Agency
Emergency Shelter Contract Numer a ee9 ues
rogram
ESG EXPENDITURES MATCHING FUNDS
ACCOUNT PROGRAM MONTHLY CUMULATIVE PROGRAM MONTHLY CUMULATIVE
COST CATEGORY Number BUDGET EXPENDITURES TO DATE Balance BUDGET EXPENDITURES TO DATE Balance
ESSENTIAL SERVICES
Salaries 516 010 27,300.00 - - 27,300.00
FICA 518 010 1,911.00 - - 1,911.00 - - -
Life Insurance 518 050 -
Health Insurance 518 060 - - -
Employment Tax-Stale 518 090
Workers Comp 518 040
Retirement 518 070
OPERATIONS AND MAINTENANCE
Salaries 516 010
FICA 518 010
Life Insurance 518 050
Health Insurance 518 060
Employment Tax-State 518 090
Worker's Comp 518 040
Retirement 518 070
Food Supplies 552 030 _
Telephone 535 040
Electric 535 020 31,109.00 31,109.00
Gas[Utilities] 535 010
Water/Waste Disposal 535 030 12,500.00 - - 12,500.00 -
Building Lease 537 010 -
Custodial Services 539 220
Office Equipment Rental 537 030
Printing 533 030
Repairs 536 010 23,788.00 - - 23,788.00
Fidelity Bond 538 210 -
Liability Insurance 534 020 27,500.00 27,500.00 _
Prfessional Services 531 200
Legal&Accouning 538 050
Auto Allowance 532 130
Advertising 533 010
Conferences&Seminars 531 180
Contractual Services 539 120
CAPITAL OUTLAY
Furniture,Fixtures 541 330
Office Equipment,Computers 541 370 -
Other Equipment(Funiture/secur 541 320 27,200.00 - - 27,200.00 - -
TOTAL 151,308.00 151,308.00
Contractor 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
DISTRIBUTION.
1 Copy-Accounting -_ r
1 Copy-IAGM I !, 'P I_N
I Copy-Agency
ATTACHMENT III
CITY OF FORT WORTH
BUDGET AND MANAGEMENT SERVICES DEPARTMENT
CONTRACT MANAGEMENT DIVISION
EXPENDITURES WORKSHEET
Presbyterian Night Shelter
Agency Contract Number Date
Emergency Homeless Shelter To
Program Report Period
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
TOTAL
TITLE OF AUTHORIZED OFFICER SIGNATURE AND DATE
Distribution:
1 copy-Accounting
1 copy-IAGM
1 copy-Agency
ATTACHMENT IV
CITY OF FORT WORTH
BUDGET AND MANAGEMENT SERVICES DEPARTMENT
ESG 2005-2006
PRESBYTERIAN NIGHT SHELTER
1.NAME AND ADDRESS OF SUB-GRANTEE 2.PROJECT NAME: EMERGENCY HOMELESS SHELTER
Presbyterian Night Shelter 3.CONTRACT No:
4.CONTRACT
2400 Cypress Street DATE June 1,2005
4.DATE OF
FORT WORTH,TX 76102 REQUEST:
MONTH&YEAR
5. PROGRAM SERVICES AND ACTIVITIES
CURRENT
MONTH C iMU� LATIYE
Residential Services:
Average Number Served Daily Adults:
Children:
Average Number Served Yearly(Unduplicated):
Non-Residential Services:
Average Number Served Daily:
6. RESIDENTIAL SERVICES DATA(Beneficiaries)
Enter Approximate Percentages of.
Unaccompanied 18 and Over Male: % Female: %
Unaccompanied under 18 Male: % Female: %
Families With Children Headed By:
Single 18 and Over Male: % Female: %
Youth 18 and Under: Male: % Female: %
Two Parents 18 and Over: %
Two Parents Under 18: %
Families With No Children: %
On An Average Day,Percentage Of The Population Served Who Are:
Battered Spouse: %
Runaway/Throwaway Youth: %
Chronically Mentally Ill: %
Developmentally Disabled: %
HIV/AIDS: %
Alcohol Dependent Individuals: %
Drug Dependent Individuals: %
Elderly: %
Veterans: %
Physically Disabled: %
Other: %
8. 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.
Date: Submitted by: Phone Num:
IAGWApril 2002
ATTACHMENT IV
CITY OF FORT WORTH
BUDGET AND MANAGEMENT SERVICES DEPARTMENT
ESG 2005-2006
PRESBYTERIAN NIGHT SHELTER
1.NAME AND ADDRESS OF SUB-GRANTEE 2.PROJECT NAME: EMERGENCY HOMELESS SHELTER
Presbyterian Night Shelter 3.CONTRACT NO:
4.CONTRACT
2400 Cypress Street DATE June 1,2005
4.DATE OF
FORT WORTH,TX 76102 REQuEsT:
MONTH&YEAR
7. HOUSING SERVICES DATA(Data Associated with Residential Services)
Number of
Shelter Tyne Persons Housed
Barracks:
Group/Large House:
Scattered Site Apartment:
Single Family Detached House:
Single Rom Occupancy:
Mobile Home/Trailer:
Hotel/Motel:
Other:
Total:
8. ESG FUNDING SOURCES
Source of Funds Funding Amount Current Month Cumulative Total
ESG:
Other Federal:
Local Government:
Private:
Fees:
Other:
8. 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.
Date: Submitted by: Phone Num:
IAGM/April 2002
ATTACHMENT IV
CITY OF FORT WORTH
BUDGET AND MANAGEMENT SERVICES DEPARTMENT
ESG 2005-2006
PRESBYTERIAN NIGHT SHELTER
1.NAME AND ADDRESS OF SUB-GRANTEE 2.PROJECT NAME: EMERGENCY HOMELESS SHELTER
Presbyterian Night Shelter 3.CONTRACT NO:
4.CONTRACT
2400 Cypress Street DATE June 1,2005
4.DATE OF
FORT WORTH,TX 76102 REQvEsT:
MONTH&YEAR
8. 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.
Date: Submitted by: Phone Num:
IAGNI/April 2002
ATTACHMENT V
CITY OF FORT WORTH
BUDGET AND MANAGEMENT SERVICES DEPARTMENT
1.Agency/Address 2.Project Name: Emergency Homeless Shelter
Presbyterian Night Shelter 3. Contract No: Contract Date: June 1,2005
2600 Cypress Street Contract Amount: $151,308
4.Date of Request:
Fort Worth,TX 76102
MONTH&YEAR
5. PROGRAM SERVICES AND ACTIVITIES: CURRENT CUMULATIVE
6. SCOPE OF WORK NARRATIVE:
7. PROBLEMS ENCOUNTERED / SOLUTIONS PROPOSED:
8. ANTICIPATED ACTIVITY DURING THE NEXT MONTH:
9. 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.
Date: Submitted by: Phone Num:
EXHIBIT A
PROGRAM SUMMARY
Presbyterian Night Shelter, Inc.
AGENCY
Emergency Shelter
PROGRAM
00000 June 1, 2005-May 31, 2006 $151,308
CONTRACT NO. PERIOD AMOUNT
PROGRAM DESCRIPTION
The Night Shelter provides the basics of life to people who are homeless and have fallen through
the cracks of the tradidional social service systems. We are the first stop on the road up for all who
have found themselves in the most severe of emergency situations;homelessness. Our shelter
provides emergency food and shelter. This includes the homeless that are mentally ill with sever
psychosis, those with no identification available, and those with addiction problems.
COUNCIL DISTRICT (S)
ALL
PROGRAM GOALS
Continue providing a safe shelter, clothing and meals to the homeless of Tarrant County,while
offering case management solutions in an effort to fight the growing cases of chronic homelessness.
PROGRAM OBJECTIVES
Provide emergency shelter and meals to homeless individuals.
Provide case management services to homeless individuals.
PROGRAM SERVICES and ACTIVITIES GOALS
Emergency Shelter (Number of people staying per year) 224,472
Case Management (Number of people helped per week) 600
Meals (Number served for the year) 418,000
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CITY OF FORT WORTH EXHIBIT C
ESG YEAR XXXI
Page 1 of 3
CONTRACT PERIO From: 6/1/2005 To: 5/31/2006
Name of Sub Grantee Name of Program
Presbyterian Night Shelter of Tarrant County Emergency Shelter
Program ESG Other Sources**
Cost Category Budget Funds [a] [b] [c] d]
PERSONAL SERVICES
Salaries $700,000 $ 27,300 $ 122,350 $391,711 $ 128,639 $ 30,000
FICA $ 53,550 $ 1,911 $ 51,639
Life Insurance
Health Insurance $ 60,000 $ 60,000
Employment Tax- State
Employment Tax- Federal
Worker's Comp $ 21,000 $ 21,000
Retirement
SUPPLIES
Office Supplies $ 20,125 $ 20,125
Postage $ 3,800 $ 3,800
Teaching Aids
Food Supplies
Other Operating Expenses $ 100,000 $ 50,000 $ 50,000
CONTRACTUAL SERVICES
Telephone $ 18,350 $ 18,350
Electric $ 101,500 $ 31,109 $ 1,861 $ 68,530
Gas $ 32,000 $ 30,345 $ 1,655
Water/Waste Disposal $ 40,000 $ 12,500 $ 27,500
Rent [Building]
Custodial Services $ 35,000 $ 35,000
Office Equipment Rental*
Printing $ 1,000 $ 1,000
Repairs $ 75,000 $ 23,788 $ 51,212
Fidelity Bond*** $ 2,000 $ 2,000
Liability Insurance*** $ 65,000 $ 27,500 $ 37,500
Legal &Accounting $ 45,000 $ 45,000
Private Auto Allowance- Local
Advertising
Conference & Seminars
Contractual Services
Miscellaneous $ -
CAPITAL OUTLAY $ -
Office Furniture - -
Computer Equipment $ -
Other:[Furniture/Security Systerdj 1 $ 37,200 $ 27,200 $ 10,000
TOTAL $ 1,410,525 $151,3081 $200,0001 $411,8361 $325,9841 $321,397
`Specify on Budget Detail(following pages)
""Use one column for each non-grant funding source;note below which column equates to each source(from Leverage of Funds)
***Fidelity bond & liability insurance are required of all subcontractors& may be paid from grant funds or other funds..
MATCHING FUND SOURCES ,
[a] Faith Community
[b] Individuals
[c] All Other CategoriesLlf
Ll'� _
[d] Foundations/Grants -E__ q
CITY OF FORT WORTH EXHIBIT C
ESG YEAR XXXI
Page 1 of 3
CONTRACT PERIO From: 6/1/2005 To: 5/31/2006
Name of Sub Grantee Name of Program
Presbyterian Night Shelter of Tarrant County Emergency Shelter
Program ESG Other Sources**
Cost Category Budget Funds [a] [b [c] [d]
PERSONAL SERVICES
Salaries $700,000 $ 27,300 $ 122,350 $391,711 $ 128,639 $ 30,000
FICA $ 53,550 $ 1,911 $ 51,639
Life Insurance
Health Insurance $ 60,000 $ 60,000
Employment Tax-State
Employment Tax- Federal
Worker's Comp $ 21,000 $ 21,000
Retirement
SUPPLIES
Office Supplies $ 20,125 $ 20,125
Postage $ 3,800 $ 3,800
Teaching Aids
Food Supplies
Other Operating Expenses $ 100,000 $ 50,000 $ 50,000
CONTRACTUAL SERVICES
Telephone $ 18,350 $ 18,350
Electric $ 101,500 $ 31,109 $ 1,861 $ 68,530
Gas $ 32,000 $ 30,345 $ 1,655
Water/Waste Disposal $ 40,000 $ 12,500 $ 27,500
Rent[Building]
Custodial Services $ 35,000 $ 35,000
Office Equipment Rental*
Printing $ 1,000 $ 1,000
Repairs $ 75,000 $ 23,788 $ 51,212
Fidelity Bond*** $ 2,000 $ 2,000
Liability Insurance*** $ 65,000 $ 27,500 $ 37,500
Legal &Accounting $ 45,000 $ 45,000
Private Auto Allowance - Local
Advertising
Conference & Seminars
Contractual Services
Miscellaneous $ -
CAPITAL OUTLAY $ -
Office Furniture -
Computer Equipment $ -
Other:[Furniture/Security System] 1 $ 37,200 $ 27,200 $ 10,000
TOTAL $ 1,410,525 $151,308 $200,000 $411,8361 $325,984 $321,397
*Specify on Budget Detail(following pages)
**Use one column for each non-grant funding source;note below which column equates to each source(from Leverage of Funds)
***Fidelity bond & liability insurance are required of all subcontractors& may be paid from grant funds or other funds.
MATCHING FUND SOURCES
[a] Faith Community
[b] Individuals
[c] All Other Categories
[d] Foundations/Grants
BUDGET DETAIL Page 2 of 3
PERSONAL SERVICES
Salary
Hourly Annual % of
Position/Title Rate Hours Time Amount
1 Case Worker $ 13.47 2080 97% $ 27,300.35
2 -
3 -
4 -
5
6
7
8
TOTAL STAFF SALARIES $ 27,300.35
FRINGE BENEFITS
% of % Paid % Paid
CATEGORY Payroll Amount by Agency by ESG Amount
FICA 7% 53550 96% 4% $ 1,911.00
Life Insurance
Health Insurance 9% 60,000 100%
Employment Tax
Worker's Comp 3% 21,000 100%
Retirement
TOTAL FRINGE BENEFITS $ 1,911.00 $ 1,911.00
TOTAL PERSONAL SERVICES $ 29,211.00
"Note 2080 hours annually comprise a full-time position
7.71
i ,ISI+,`/ ✓.i IL� t", S
BUDGET DETAIL Page 3 of 3
UTILITIES
AVERAGE COST PER NUMBER OF MONTHS AMOUNT
CATEGORY MONTH
Telephone 12 -
Electric $ 2,592 12 $ 31,109.00
Gas $ - 12 -
Waste/Water Disposal $ 1,042 12 $ 12,500.00
Other
Total Utilities $ 43,609.00
BUILDING LEASE
BUILDING COST PER SQUARE
LOCATION NO. SQUARE FOOT FOOT AMOUNT
1
2
3
TOTAL BUILDING LEASE 0
OTHER EXPENSES
CATEGORY TOTAL CHARGE % CHARGED TO ESG AMOUNT
Repairs 75000 32% $ 23,788.00
Fidelity Bond 2000 0% $ -
Liability Insurance 65000 42% $ 27,500.00
Legal &Accounting 45000 0% $ -
Office Supplies 20125 0% $ -
Postage 3800 0% $ -
Printing 1000 0% $ -
Mileage 0% $ -
Advertising 0% $ -
TOTAL OTHER EXPENSES 136925 $51,288.00
CONFERENCES AND SEMINARS
EVENT TOTAL CHARGE % CHARGED TO ESG AMOUNT
1
2
3
TOTAL CONFERENCES AND SEMINARS $ -
OFFICE EQUIPMENT
ITEM TOTAL CHARGE % CHARGED TO ESG AMOUNT
1 Furniture/Security System $37,200.00 73% $ 27,200.00
2
TOTAL OFFICE EQUIPMENT $ 27,200.00
EXHIBIT "D"
AUDIT SCHEDULE
INDEPENDENT AUDIT REQUIREMENT
BUSINESS/AGENCY NAME: Presbyterian Night Shelter
PROGRAM: Emergency Shelter
ESG YEAR: XXXI
AMOUNT FUNDED: $151,308
Name of Independent Auditor who will perform agency audit: Rylander, Clay & Opitz
Independent Auditor to be contracted during ESG contract period.
Date audit is to be performed: June 1, 2005
Within 60 days of completion of ESG funded project.
The following language is a condition of your contract with the City:
(1) For all contracts in which Contractor is cumulatively receiving federal
monies in the amount of$500,000 or,more, Contractor must submit to City an
annual audit prepared in accordance with 24 CFR Sections § 570.502-570.503
generally, with specific reference to OMB Circulars (with attachments) A-122
and A-133 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 twelve (12) months following the end of the period being
audited and be submitted to City within thirty (30) days of its completion.
Contractor's audit schedule is attached hereto as Exhibit D - Audit Schedule.
Costs of preparation of this audit may be an allowable expenditure of ESG
funds in an amount proportional to that of the ESG funds used in contractor's
total agency operating budget.
This form is to be completed and submitted to the Intergovernmental Affairs and Grants
,)ana ent Division at the beginning of each contract year. ,
gnature
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 5/10/2005
DATE: Tuesday, May 10, 2005
LOG NAME: 0305ACTIVITY REFERENCE NO.: C-20722
SUBJECT:
Authorize Execution of Community Development Block Grant Year XXXI, Emergency Shelter Grant
Year 2005-2006 and Housing Opportunities for Persons with AIDS 2005-2006 Contract Activities
RECOMMENDATION:
It is recommended that the City Council:
Authorize the City Manager to execute Community Development Block Grant (CDBG) Year XXXI,
Emergency Shelter Grant (ESG) Year 2005-2006 and Housing Opportunities for Persons with AIDS
(HOWPA) Year 2005-2006, contracts with the following organizations to administer their respective
programs, contingent upon approval and receipt of adequate funding from the U.S. Department of Housing
and Urban Development (HUD), for a term beginning June 1, 2005, and ending May 31, 2006:
I. Community Development Block Grant(CDBG]
Contracts with the following agencies for them not to exceed listed amount.
Organization Amount
United Community Center $250,000.00
Habitiat for Humanity $13,287.00
REACH, Inc-Project Ramp $17,715.00
Southside Area Ministries-SAM'S Kids After School $4,563.00
Boys & Girls Club-NINOS $17,486.00
Boys & Girls Club- KEYS $16,439.00
East Ft. Worth Montessori-After School Program $20,146.00
Latin Arts Association-Theatre Skills Program $15,525.00
Summerbridge Fort Worth -Summerbridge Program $24,605.00
CJ's Studio of Performing Arts- Performing Arts $8,000.00
Women's Center-Play It Safe $24,300.00
Cooks Childrens Hospital- Project Smile $30,000.00
Bridge Emergency Youth Services-Buffalo Soldiers $20,000.00
Parents & Children Together, Inc. -SKIP $20,396.00
YWCA-Child Development Program $135,000.00
Child Care Associates $117,000.00
FWHA-AMAKA Child Care Center $27,000.00
YWCA-AIM $18,887.00
YMCA-School Aged Child Care $108,338.00
Clayton YES-School Aged Child Care $54,000.00
JMAC Youth Center of Tarrant County $22,500.00
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Southside Area Ministries-Mid-South Seniors $2,570.00
Seniors Citizen Services-Como Senior Citizens $17,597.00
Meals on Wheels $33,696.00
Senior Citizen Services-Riverside Senior Citizens $15,271.00
NSEAM $17,000.00
Mental Health Association - Mental Health Advocate $24,750.00
Centro Cultural De Las Americas-Job Training $24,786.00
Mental Health Association - Long Term Ombudsman $17,500.00
Northside InterChurch Agency-Good Works $26,040.00
Presbyterian Night Shelter Bottle Bounty Deposits $30,000.00
Day Resource Center Security $27,000.00
Learn Education Center- Learn Even Start Program $20,000.00
United Community Centers-Crisis Intervention Program $20,000.00
Sickle Cell Disease Association - Health Outreach,, $23,640.00
Fort Worth SER - Northside Resource Center $65,001.00
A-Prep Center of Tarrant County $64,571.00
YWCA- Ben &Jerry's Job Training/Job Placement $18,207.00
TOTAL CDBG $1,412,816.00
II. Emergency Shelter Grant(ESQ)
Organization Amount
YWCA-Supportative Living $12,150.00
Cornerstone Assistance- New Life Center $12,211.00
Presbyterian Night Shelter- Homeless Shelter $151,308.00
Bridge Emergency Services-Emergency Youth Shelter $6,374.00
Women's Haven of Tarrant County $19,515.00
MHMR of Tarrant County $14,505.00
YWCA-My Own Place $17,184.00
Presbyterian Night Shelter- Elderly & Infirmary Program $13,536.00
Salvation Army $10,580.00
Woman's Haven of Tarrant County-Supportive Child Care $13,000.00
TOTAL ESG $270,363.00
III. Housing Opportunities for Persons with HIV/AIDS (HOPWA)
Organization Amount
AIDS Outreach Center $460,970.00
Tarrant County Samaritan Housing, Inc. $240,889.00
AIDS Outreach Rural Texas $103,141.00
TOTAL HOPWA $805,000.00
DISCUSSION:
On April 5, 2005, the City Council adopted the budgets and the appropriation ordinance increasing
estimated receipts and appropriations for the Year XXXI (June 1, 2005 to May 31, 2006) Community
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Development Block Grant (CDBG) grant funds, (2005-2006) Emergency Shelter Grant (ESG) grant funds
and (2005-2006) Housing Opportunities for Persons with AIDS (HOPWA) grant funds as part of the City's
Consolidated Plan and Consolidated Action Plan. The Consolidated Plan, as adopted by the City Council,
included program descriptions on each program listed above.
The above programs are consistent with the City's approved funding policies and priorities. Each program
meets the requirements of the Department of Housing and Urban Development (HUD) regulations
defining "eligible activity." These programs prove services citywide.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds will be available in the current operating budget as appropriated, in
the Grants Fund contingent upon approval and receipt of adequate funding from the U.S. Departmental of
Housing and Urban Development (HUD) for the term beginning June 1, 2005, and ending May 31, 2006.
TO Fund/Account/Centers FROM Fund/Account/Centers
GR76 539120 005206007XXX $270.363.00
GR76 539120 005206008XXX $805.000.00
GR76 539120 005206005XXX $1,412.816.00
Submitted for City Manager's Office by; Richard Zavala (Acting) (6222)
Originating Department Head: Bridgette Garrett (6183)
Additional Information Contact: Deidra Emerson (7563)
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