HomeMy WebLinkAboutContract 33746 STATE OF TEXAS CITY SECRETARY' r-�/ J
CONTRACT NO,
/'7 -
COUNTY OF TARRANT
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 Dale Fisseler,its
duly authorized Assistant City Manager, and Presbyterian Night Shelter ("Contractor"), whose address is
2400 Cypress Street, Fort Worth, TX 76102, , acting by and through Mr. Cee Yager, its duly authorized
Board Chair. (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 Title IV of the McKinney-Vento Homeless Assistance
Act, as amended, (42 USC 11371 et .req.) in connection with the Emergency Shelter Grants ("ESG")
program, Program No. S-06-MC-48-0006, for Year XXXII;
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 Servicer
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, 2006 to May 31, 2007
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. 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.
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
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a. City will disburse ESG Year XXXII funds ("ESG Funds") in an amount up to $151,308.00 to
Contractor on a reimbursement of expenses basis.
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 applicable, eligibility of Program participants. 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 $992,008.00 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 Standard
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 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, sMI
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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
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
Contractors 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 allreasonable 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.
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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 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 Na-Program Services Report,
(2) Attachment IVb-Direct Benefit Data Report, (3) Attachment V-Performance Report, and (4)
Attachment VI-Client Data 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 first 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 B-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.
e. Program Participant Records
i. Contractor will keep or cause to be kept an accurate record of all actions taken and all ESG
Funds expended, with source documents, in performance of this Contract. Such records shall
be kept for the time period mandated by the ESG and CDBG Regulations and this Contract.
ii. Contractor will obtain and keep on file and furnish to City on request the following information
and/or documentation on each Program participant served by the Program demonstrating such
participant's eligibility for services provided:
a. Participant's name, address, annual income level or other basis for determining income
eligibility, and family size of participant's household.
b. Source documentation used for income verification including but not limited to pay check
stubs, food stamp award letters, income tax returns,,SSI award letters, letters awarding
unemployment benefits,W2s and the like.
c. City shall have the final determination, in its sole discretion, as to whether source
documentation used for income verification is adequate.
5. Reversion of Assets
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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:
• Regulations at 24 CFR Part 570 pertaining to CDBG ("CDBG Regulations)
• Regulations at 24 CFR Part 576 pertaining to Emergency Shelter Grants Program ("ESG
Regulations")
• 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
• The Americans with Disabilities Act of 1990 (42 USC 12101 et seq.)
• 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
rovidedunder 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
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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 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, rules
and regulations and Subtitle B of Title IV of the McKinney-Vento Homeless Assistance Act, as
amended, (42 USC 11371 et.req.), the ESB Regulationff,(54M,� 4 CFR Part 576 et.req.), and
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the CDBG Regulations, as amended, (24 CFR Part 570 et seq.). 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 any applicable provisions of the ESG and CDBG
Regulations 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, not 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 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 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.
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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 Wlomen Business Enterfirise 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, 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, not 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
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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 HINDS
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 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
ti151,308.00 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 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.
ESG YEAR XXXII CONTRACT Rev. 05-26-06
Presbyterian Night Shelter(Emergency Shelter)
Page 9
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
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, (42 USC 11371 et seq.) and the ESG and CDBG
Regulations, 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 XXXII funds; that all
monies distributed to Contractorhereunder 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.
ESG YEAR XXXII CONTRACT Rev.05-26-06
Presbyterian Night Shelter(Emergency Shelter)
Page 10
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 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, 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. 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.
ESG YEAR XXXII CONTRACT Rev.05-26-06
Presbyterian Night Shelter(Emergency Shelter)
Page 11
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 writin 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. 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, not 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 XXXII CONTRACT Rev.05-26-06
Presbyterian Night Shelter(Emergency Shelter)
Page 12
IN WITNESS WHEREOF, the P `g hereto havc d three copies of this Contract in Fort
Worth, Tarrant County,Texas, this T�1 day of , 20 UP
CITY OF FORT WORTH Presbyterian Night Shelte
By: By:
Dale FisselerV Mr. Ceeer
Assistant City Manager Board Ch it
APPROVED AS TO FORM AND LEGALITY:
City Attorney
contract Aut rizatioa.
ATTEST: Date
[)A AA"IVIS
City Secretary
STATE OF TEYAS
COUNTY OF TARRANT
This instrument was acknowledged before me on 200 G by Dale
Fisseler, the Assistant City Manager of the City of Fort Wort on ehalf of the City of Fort Worth.
�o`PPY P;e.. JONI R JACOBS —
2} O` NOTARY PUBLIC tart'Public, tate of Texas
*t !* State of Texas
•.9T••....• +:
�.F off Comm. Exp. 05-27-2007
STATE OF TEXAS
COUNTY OF TARRANT
This instrument was acknowledged before me on J1" , 200 6 by Mr.
Cee Yager, the Board Chair of Presbyterian Night Shelter a Texas non-profit corporation, on behalf of
said corporation.
`.oi�Rrvusls JUSTIN M. CARTER
Notary Public,State of Texas N,10ery Public, State of Texas
M� 1If
,1My Commission Expires
„.r June 28,2009
OFFICIAL OPRIQ
CRY NCJ /^11y
WORTH, ��"
WORTH, T �(o
ESG YEAR XXXII CONTRACT Rev. 05-26-06
Presbyterian Night Shelter(Emergency Shelter)
Page 13
CITY OF FORT WORTH Attachment
HOUSING 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 1,2006
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) $ $
II.Advance Pay Requests/Repayment $ $
111.Reporting Interest
1. Interest over$25 per quarter returned to City of Fort Worth $ $
SECTION II(CITY)
I. BYSPEED-Purchasing Request
A.BYSPEED INPUT:Vendor/PO Number/Requisition Number:
B. Fund/ACcount/Center. GR7615391201003206007040
C.Total Amount of this Request: $
SECTION III
I. 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
(Name) (Signature) (Date)
B. Assistant Housing Director D.Emerson
(Name) (Signature) (Date)
C.Housing Director J.0 Walker
(Name) (Signature) (Date)
Distribution:
1 Copy-Accounting
1 Copy-CM
1 Copy-Agency
Note:Any Request for Funds that exceed$8500 require the signature of both Deidra Emerson and Jerome Walker
CITY OF FORT WORTH
HOUSING DEPARTMENT ESG ATTACHMENT II
CONTRACT MANAGEMENT DIVISION
ESG 2006-2007
Presbyterian Night Shelter
Agency Period
Emergency Shelter Contract Numer
rogram Date Request
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
FICA 518 010
Life Insurance 518 050
Health Insurance 518 060
Employment Tax-State 518 090
Worker's 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
Workers Comp 518 040
Retirement 518 070
Food Supplies 552 030
Telephone 535 040
Electric 535 020 27,173.00 27,173.00
Gas[Utilities] 535 010
Water/Waste Disposal 535 030
Building Lease 537 010
Custodial Services 539 220 29,635.00 29,635.00
Office Egt.Rental/supplies 537 030 4,360.00 4,360.00
Printing 533 030
Repairs 536 010
Fidelity Bond 538 210 12,180.00 12,180.00 - - - -
Liability Insurance 534 020 50,960.00 50,960.00
Prfessional Services 531 200
Legal&Accountng 538 050
Auto Allowance 532 130
Advertising 533 010
Conferences&Seminars 531 180
Contractual Services 539 120
CAPITAL OUTLAY
Furniture,Fixtures 541 330 27,000.00 27,000.00
Office Equipment,Computers 541 370 - - - -
Other Equipment(Funiture/secur 541 320
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
1 Copy-IAGM
1 Copy-Agency
ATTACHMENT III
CITY OF FORT WORTH
HOUSING 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
r. nyyE.,iffl)� N
1 copy-IAGM1 copy-Agency E
S .
\ITACI INIENT 1N'
CITY OF FORT WORTH
HOUSING DEPARTMENT
ESG 2006-2007
PRESBYTERIAN NIGHT SHELTER
1.N,Ami:AND ADDRIRSS OF SUB-GRANTIRR 2.PRO)h:CI'NANIF: E'N'fERGT?NCY I-IOML'.LP.SS SHELTER
Presbyterian Night Shelter 3.CON TRACT No:
4.CONTRACT
2400 Cypress Street DATE June 1,2006
4.DATit cx
F0R'1'WORTl-1,'FX 76102 Ri�QUEST:
MONTH&YEAR
5. PROGRAM SERVICES AND ACTIVITIES
CURRENT
MONTH CI JMI II,ATI V E
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 III: %
Developmentally Disabled: %
HIVIAIDS: %
Alcohol Dependent Individuals: %
Drug Dependent Individuals: %
Elderly: %
Veterans: %
Physically Disabled: %
Other: %
8. CFRT1I;ICATI0N: 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:
I A G N I/April 2002
1 OF 2
ATTACHMENT IV
CITY OF FORT WORTH
HOUSING DEPARTMENT
ESG 2006-2007
PRESBYTERIAN NIGHT SHELTER
1.NAME AND ADDRESS OF SUB-GRANTEE 2.PROJECr NAME: EMERGENCY HOMELESS SHELTER
Presbyterian Night Shelter 3.CONTRACT NO:
4.CONTRACT
2400 Cypress Street DATE June 1,2006
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 includIF
'[iRL^[RQ
accurate,and if a non-profit agency,has been approved by the governing body of the organization prior to submission. fflw140b
Date: Submitted by: Phone Num: Crf 4"RCIM Y
, 8 TEX
IAGM A-Til 2U �
20F2
ATTACHMENT V
CITY OF FORT WORTH
HOUSING DEPARTMENT
1.Agency/Address 2.Project Name: Emergency Homeless Shelter
Presbyterian Night Shelter 3.Contract No: Contract Date: June 1,2006
2600 Cypress Street Contract Amount: $151,308
4.Date of Request:
Fort Worth,TX 76102
MONTH&YEAR
$. PROGRAM SERVICES AND ACTIVITIES: CURRENT CUMULATIVE
6. SCOPE OF WORK NARRATIVE:
7. PROBLEMS ENCOUNTERED /SOLUTIONS PROPOSED:
8. ANTICIPATED ACTIVTIY 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:
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EXHIBIT A
PROGRAM SUMMARY
Presbyterian Night Shelter,-Inc.
AGENCY
Emergency Shelter
PROGRAM
00000 June 1, 2006-May 31, 2007 $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) 418,632
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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 $576,627 $554,709 $ 21,918
FICA $ 44,111 $ 26,425 $ 17,686
Life Insurance
Health Insurance $ 12,686 $ 8,036 $ 4,650
Employment Tax -State $ 11,097 $ 6,648 $ 4,449
Employment Tax- Federal
Worker's Comp $ 11,493 $ 6,885 $ 4,608
Retirement $ 3,469 $ 2,823 $ 646
SUPPLIES
Office Supplies $ 7,452 $ 4,360 $ 3,092
Postage $ 184 $ 184
Teaching Aids
Food Supplies
Other(Cleaning/Operational) $ 35,993 $ 29,635 $ 6,358
CONTRACTUAL SERVICES
Telephone $ 8,231 $ 8,231
Electric $ 56,062 $ 27,173 $ 12,492 $ 16,397
Gas $ 17,819 $ 13,187 $ 4,632
Water/Waste Disposal $ 47,899 $ 23,321 $ 24,578
Rent[Building]
Custodial Services
Office Equipment Rental* $ 4,979 $ 4,979
Printing $ 4 $ 4
Repairs $ 46,086 $ 12,180 $ 3,182 $ 30,724
Fidelity Bond***
Liability Insurance*** $ 60,776 $ 50,960 $ 9,816
Legal &Accounting $ 8,120 $ 960 $ 7,160
Private Auto Allowance- Local $ 420 $ 300 $ 120
Advertising
Conference &Seminars
Contractual Services
Miscellaneous
CAPITAL OUTLAY
Office Furniture 36,000 27,000 9,000
Computer Equipment
Other:[Furniture/Security System] $ 2,500 $ 2,500
TOTAL $ 992,008 $151,308 $61,1821 $718,2811 $61,237
*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
Ft. WORTH, YEN,
BUDGET DETAIL Page 2 of 3
PERSONAL SERVICES
Salary
Hourly Annual %of
Position /Title Rate Hours Time Amount
1
2
3 -
4 -
5
6
7
8
TOTAL STAFF SALARIES $ -
FRINGE BENEFITS
%of % Paid % Paid
CATEGORY Payroll Amount by Agency by ESG Amount
FICA
Life Insurance
Health Insurance
Employment Tax
Worker's Comp
Retirement
TOTAL FRINGE BENEFITS
TOTAL PERSONAL SERVICES
**Note 2080 hours annually comprise a full-time position
OFFICIAL WWI-
BUDGET DETAIL Page 3 of 3
UTILITIES
AVERAGE COST PER NUMBER OF MONTHS AMOUNT
CATEGORY MONTH
Telephone
Electric $ 2,264 12 $ 27,173.00
Gas
Waste/Water Disposal
Other
Total Utilities $ 27,173.00
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 $46,086.00 27% $ 12,180.00
Fidelity Bond
Liability Insurance $60,776.00 84% $ 50,960.00
Legal &Accounting
Office Supplies $7,452.00 59% $ 4,360
Postage
Printing
Mileage
Other(Cleaning/Operational) $35,993.00 83% $ 29,635
TOTAL OTHER EXPENSES
$ 97,135.00
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 $36,000.00 75% $ 27,000.00
2
TOTAL OFFICE EQUIPMENT $ 27,000.00
EXHIBIT "D"
AUDIT SCHEDULE
INDEPENDENT AUDIT REQUIREMENT
BUSINESS/AGENCY NAME: Presbyterian Night Shelter
PROGRAM: Emergency Selter
CDBG YEAR: XXXII
AMOUNT FUNDED: $151,308
Name of Independent Auditor who will perform agency audit:
Independent Auditor to be contracted during ESG contract period.
Date audit is to be performed:
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 Housing Department, Contract
Management Division at the beginning of each contract year.
Signature
is
APPENDIX A—CONSTITUTIONAL PROVISION
Contractor represents that it is, or may be deemed to be, a religious or denominational institution or an organization
operated for religious purposes which is supervised or controlled by or in connection with a religious or
denominational institutional or organization. Pursuant to Title 24 CFR CH.V § 576.23 (a)(i). Contractor agrees that
in connection with this contract:
a. The organization will not discriminate against any employee or applicant for employment on the basis
of religion,and will not limit employment or give preference in employment on the basis of religion;
b. The organization will not discriminate against, limit services provided to, or give preference to any
person obtaining shelter, other service(s) offered by the project, or any eligible activity permissible
under the ESG program on the basis of religion and will not limit such service provision or give
preference to persons on the basis of religion;and
c. The organization will not provide religious instruction, counseling, religious services, worship (not
including voluntary nondenominational prayer before meetings), engage in religious proselytizing, or
exert other religious influences in the provision of shelter or other eligible ESG activities under this
part.
Clt KIM
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 5/16/2006
DATE: Tuesday, May 16, 2006
LOG NAME: 03050406ACTIVIT REFERENCE NO.: C-21458
SUBJECT:
Authorize Execution of Contracts for Community Development Block Grant Year XXXII, Emergency
Shelter Grant Year 2006-2007 and Housing Opportunities for Persons with AIDS 2006-2007
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager or his designee to execute contracts for Community Development Block
Grant (CDBG) Year XXXII, Emergency Shelter Grant (ESG) Year 2006-2007, and Housing Opportunities
for Persons with AIDS (HOPWA) Year 2006-2007, contingent upon approval and receipt of adequate
funding from the U.S. Department of Housing and Urban Development (HUD) for terms beginning June 1,
2006, and ending May 31, 2007;
2. Authorize the City Manager to extend or renew the contracts for up to one year if an organization
requests an extension and such extension is necessary for completion of the project; and
3. Authorize the City Manager or his designee to amend the contract, if necessary, to achieve project
goals, provided the amendment is within the scope of the project and in compliance with all applicable laws
and regulations governing the use of federal grant funds.
I. Community Development Block Grant(CDBG)
Organization Amount(Not to Exceed)
Southside Area Ministries-Sam's Kids After School $6,440.00
Boys& Girls Club-KEYS $14,795.00
CJ's Studio of Performing Arts-Performing Arts $7,000.00
Women's Center-Play It Saft $21,870.00
Cooks Childrens Hospital-Project SMILE $27,000.00
Bridge Emergency Youth Services-Buffalo Soldiers $18,000.00
Parents &Children Together, Inc.-SKIP $18,357.00
Latin Arts Association-Theatre Skills Program $14,000.00
YWCA-Child Development Program $135,000.00
Child Care Associates $117,000.00
FWHA-AMAKA Child Care Center $27,000.00
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
Senior Citizen Services-Como Senior Citizens $17,597.00
Meals on Wheels $33,696.00
Senior Citizen Services-Riverside Senior Citizens $15,271.00
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NSEAM $17,000.00
Mental Health Assoc.-Mental Health Advocate $24,750.00
Centro Cultural De Las Americas-Job Training $22,308.00
Mental Health Assoc.-Long Term Ombudsman $17,500.00
Day Resouce Center Security $24,300.00
Learn Education Center-Learn Even Start Program $18,000.00
United Community Centers-Crisis Intervention Program $18,000.00
Fort Worth SER-Northside Resource Center $58,500.00
A-Prep Center of Tarrant County $83,996.00
YWCA-Ben & Jerry's Job Training/Job Placement $16,386.00
Habitat for Humanity $11,958.00
Reach-Project Ramp $15,943.00
TOTAL CDBG: $986,505.00
II. Emergency Shelter Grant(ESG)
Organization Amount(Not to Exceed)
YWCA-Supportive Living $11,935.00
Cornerstone Assistance-New Life Center $11,990.00
Presbyterian Night Shelter-Homeless Shelter $151,308.00
Bridge Emergency Services-Emergency Youth Shelter $6,737.00
Women's Haven of Tarrant County $18,563.00
MHMR of Tarrant County $14,055.00
YWCA-My Own Place $17,034.00
Presbyterian Night Shelter-Elderly& Infirmary Program $13,182.00
Women's Haven of Tarrant County-Supportive Child Care $12,700.00
TOTAL ESG: $257,504.00
III. Housing Opportunities for Persons with HIV/AIDS (HOPWA.�
Organization Amount(Not to Exceed)
AIDS Outreach Center $436,242.00
Tarrant County Samaritan Housing, Inc. $238,170.00
AIDS Outreach Rural Texas $114,198.00
TOTAL HOPWA: $788,610.00
DISCUSSION:
On April 4, 2006 the City Council adopted the budgets and the appropriation ordinance increasing
estimated receipts and appropriations for the Year XXXII (June 1, 2006 to May 31, 2007) Community
Development Block Grant (CDBG) grant funds, (2006-2007) Emergency Shelter Grant (ESG) grant funds
and (2006-2007) 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 listed 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 provide services citywide.
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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. Department of
Housing and Urban Development (HUD) for the term beginning June 1, 2006, and ending May 31, 2007.
TO Fund/Account/Centers FROM Fund/Account/Centers
GR76 539120 005206144XXX $788,610.00
GR76 539120 00520614OXXX $986,505.00
GR76 539120 005206143XXX $257,504.00
Submitted for City Manager's Office by; Dale Fisseler (6266)
Originating Department Head: Jerome Walker (7537)
Additional Information Contact: Deidra Emerson (7563)
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 7/13/2006