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CONTRACTNO.L5JWD
STATE OF TEXAS §
COUNTY OF TARRANT §
This contract("Contract")is made and entered into by and between the City of Fort Worth
(hereafter"City") and The Salvation Army, a Georgia Corporation (hereafter"Agency"), a Texas
non-profit corporation. City and Agency may be referred to individually as a "Party" and jointly
as "the Parties".
The Parties state as follows:
WHEREAS, City receives grant monies from the United States Department of Housing
and Urban Development ("HUD") through the Emergency Solutions Grant Program ("ESG"),
Program No. S-18-MC-4$-0006, Catalog of Federal Domestic Assistance No. 14.231;
WHEREAS, the ESG program is intended to provide homeless persons or persons at risk
of becoming homeless with financial assistance,basic shelter, essential supportive services,and/or
operations, as applicable;
WHEREAS,Agency submitted a proposal to use ESG funds for an eligible program under
the ESG Regulations whereby Agency will provide services to low and moderate income City
citizens;
WHEREAS, City entered into a certain Urban Development Action Grant (UDAG)
Agreement with HUD. As a result of this agreement, the City receives rental revenues that are
deemed "Grant Revenues" under the UDAG Grant Agreement (the "UDAG Grant Fund
Proceeds"). The UDAG Grant Agreement allows the City to use the UDAG Grant Proceeds for
community or economic development activities eligible for assistance under Title I of the Housing
and Community Development Act of 1974,Pub. L.No. 93-383, as amended(the"Act").
WHEREAS, City citizens, the Community Development Council, and the City Council
have determined that ESG programs are needed by the City's citizens;
WHEREAS, the amount of ESG funds available were insufficient to fully fund Agency's
proposal request and meet the objectives of City citizens, the Community Development Council,
and the City Council;
WHEREAS, in order to meet all objectives, UDAG Funds will be used to supplement the
ESG Funds in the amount of$66,625;
NOW,THEREFORE, the Parties understand and agree as follows:
1. INCORPORATION OF RECITALS.
City and Agency hereby agree that the recitals set forth above are true and correct and form
the basis upon which the Parties have entered into this Contract.
� ora
� SO PSA CONTRACT 2018-2019 0MCIAL b M
'The Salvation Array,a Georgia Corporation � � �
T. WORTH,TX
2. DEFINITIONS.
In addition to terms defined in the body of this Contract, the terms set forth below shall
have the definitions ascribed to them as follows:
Area Median Income or AMI means the median family income for the Fort Worth-Arlington
metropolitan statistical area as established annually by HUD. The 2018 income Iimits are attached
hereto as EXHIBIT "A-I"—2015 HUD Income Limits.
Business Diversity Enterprise Ordinance or BDE means the City's Business Diversity
Ordinance, Ordinance No. 20020-12-2011.
Complete Documentation means the following documentation as applicable:
• Attachments I, H, and III,with supporting documentation including:
o Proof of expense: copies of timesheets, invoices, leases, service contracts
or other documentation showing that payment is due by Agency.
o Proof of payment: cancelled checks, bank statements, or wire transfers
necessary to demonstrate that amounts due by Agency were actually paid
by Agency.
o Proof of client eligibility: Source Documentation sufficient to show that
clients participating in the Program are ESG Eligible Clients as described
in Section 6.
• Complete Documentation shall meet the standards described in the attached
EXHIBIT "F"-Standards for Complete Documentation.
• Any other document or record reasonably necessary to verify costs spent and client
eligibility for the Program.
Continuum of Care means the Tarrant Area Continuum of Care.
DBE means disadvantaged business enterprise in accordance with 49 CFR Part 26.
Director means the Director of the City's Neighborhood Services Department.
Effective Date means October 1, 2018.
ESG means Emergency Solutions Grant.
ESG Eligible Client means an individual or household that meets the definition of"homeless" or
"at risk of homelessness" as defined in the Hearth Act and the ESG Regulations.
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FSG Funds means the ESG grant funds supplied by City to Agency under the terms of this
Contract. For the purposes of this Contract, reference to ESG Funds will also constitute
reference to UDAG Funds.
ESG Regulations means regulations found at 24 CFR Part 576 et seq.
HEARTH Act means the Homeless Emergency Assistance and Rapid Transition to Housing Act
of 2009, 42 U.S.C. 11302 et seq.
HMIS means Homeless Management Information System required by HUD for client data
collection.
HUD means the United States Department of Housing and Urban Development.
IDIS means Integrated Disbursement Information System,HUD's project tracking system.
Neighborhood Services Department means the City's Neighborhood Services Department.
OMB means the Office of Management and Budget.
Program means the services described in EXHIBIT "A"—Program Summary.
Reimbursement Request means all reports and other documentation described in Section 9.
Source Documentation means any documentation sufficient to show under ESG Regulations that
an individual or household is an ESG Eligible Client. Income documentation may include, but is
not limited to, copies of paychecks, Social Security and Disability verification letters, interest or
rental income statements, retirement income statements, child support and alimony verification,
unemployment benefit letters,or any similar documentation allowed under the definition of annual
income in 24 CFR Part 5.609.
UDAG means Urban Development Action Grant.
UDAG Funds means the UDAG grant funds supplied by City to Agency under the terms of this
Contract.
Unduplicated Clients means a count of ESG Eligible Clients served at least once in the Contract
Term. ESG Eligible Clients served more than once in the Contract Term will only be counted the
first time they are served when determining the total count of Unduplicated Clients.
ZoomGrants—Online database for Agency to submit monthly reimbursement requests.
3. TERM.
The term of this Contract begins on the Effective Date and terminates on September 30,
2019 unless earlier terminated as provided in this Contract.
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4. DUTIES AND RESPONSIBILITIES OF CITY.
4.1 Provide ESG Funds.
City shall provide up to $1.83,375 of ESG Funds and $66,625 of UDAG Funds for a total
of$250,000 under the terms and conditions herein.
4.2 Monitor.
City will monitor the activities and performance of Agency and any of its contractors,
subcontractors or vendors as necessary,but no less than annually. Monitoring by City will include
determining whether Agency is meeting the requirements of the ESG Regulations during the term
of this Contract.
5. DUTIES AND RESPONSIBILITIES OF AGENCY.
5.1 Required,Services.
Agency shall perform the services described in EXHIBIT "A"--Program Summary in
accordance with the terms and conditions of this Contract.
52 Use of ESG Funds.
5.2.1. _Compliance with ESG Regulations and Contract.
Agency shall be reimbursed for eligible Program costs with ESG Funds only if City
determines in its sole discretion that:
5.2.1.1 Costs are eligible expenditures in accordance with ESG Regulations.
5.2.1.2 Costs are in compliance with this Contract and are reasonable and
consistent with industry norms.
5.2.1.3 Complete Documentation, as applicable, is submitted to City by
Agency.
5.2.2 Budget.
5.2.2.1. The ESG Funds will be paid on a reimbursement basis in accordance
with EXHIBIT"B"-Budget.
5.2.2.2 During the term of this Contract, Agency may submit written requests
to increase or decrease line-item amounts in the Budget, including an
explanation of why such increases or decreases are necessary. All
requests shall be approved by Director or Director's designee in writing,
with such approval being in the City's sole discretion. If Director
approves the Agency's proposed Budget amendment (as approved, the
"Amended Budget"),then the Amended Budget will take effect on the
first day of the month following the month in which it was approved by
City, unless otherwise specified in the amendment. All requests for
Budget amendments must be submitted by July 31, 2019.
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5.2.3 Change in Program Budget.
5.2.3.1 Agency will notify City promptly of any additional funds it receives for
operation of the Program, and City reserves the right to amend this
Contract in such instances to ensure compliance with HUD regulations
governing cost allocation.
5.2.3.2 Agency agrees to utilize the ESG Funds to supplement rather than
supplant fiends otherwise available for the Program.
5.2.4 Payment of ESG Funds to Agency.
ESG Funds will be disbursed to Agency upon City's approval of Reimbursement Requests
including submission of Complete Documentation to City in compliance with Section 9. If Agency
expends all funds budgeted for the Program prior to September 30, 2019, City may hold back a
small amount of the ESG Funds until the end of the term. During this interim period,Agency must
continue to submit Attachment III - Client Data Report in EXHIBIT "D" - Reimbursement
Forms monthly_ It is expressly agreed by the Parties that any ESG Funds not spent or not approved
for reimbursement to Agency shall remain with City.
5.3 Program Performance Milestones.
5.3.1 Agency represents that the Program will achieve the following milestones in
accordance with EXHIBIT "A"-Program Summary and the table below:
— - UnduplicoIt ldCIoentsas
specified in EXHIBIT
"A"
" —P rog ra to
Mundt Exfreztditwc-s Suinaw v.
�3 25% 25%
6 50% 50%
9 75% 75%
12 100% 100%
5.3.2 Failure of Agency to meet these milestones or a material deviation from them as
outlined in this Section 5.3 is a breach of this Contract. For the purpose of this Section, "material
deviation"shall mean more than 10% lower than the specified goal. In the event of such breach,
City reserves the right in its sole option to delay or withhold payment of Reimbursement Requests,
to lower Agency's allocation of ESG Funds, or to terminate this Contract.
5.3.3 Failure to meet at least 80% of its performance milestones or serve 542
Unduplicated Clients under this Contract may, in City's sole discretion, disqualify Agency for
consideration under the City's Request for Proposals for the 2019-2020 Program Year for federal
grant funds.
5.3.4 Amendments to performance milestones regarding ESG Funds must be approved
by the Director in writing, with such approval being in the Director's sole discretion. If Director
approves the Agency's proposed amended performance milestones (as approved, the "Amended
Performance Milestones"), then the Amended Performance Milestones will take effect on the
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first day of the month following the month in which it was approved by Director,unless otherwise
specified in the amendment. All requests for amendments to performance milestones must be
submitted by July 31, 2019. Notwithstanding the above, any amendments to this Contract shall
not reduce the number of Unduplicated Clients stated in Section 5.3.3 and in EXHIBIT "A" --
Program Summary.
5.4 Identify Program Expenses Paid with ESG Funds.
Agency will keep accounts and records in such a manner that City may readily identify and
account for Program expenses reimbursed with ESG Funds. These records shall be made
available to City for audit purposes and shall be retained as required hereunder.
5.5 Match.
Agency must match ESG Funds dollar for dollar with other funding sources. Potential
sources of match include any sources described at 42 U.S.C. l 1375(a). Some common sources
include: (i) Agency funding from non-federal sources and eligible federal grants, (ii) volunteer
time,which may be valued at$5/hour of time; and(iii)the value or fair rental value of any donated
materials or space. The monetary values Agency assigns to all sources of match are subject to
review and approval by City.
5.5.1 Prior to October 1, 2018, Agency must submit to City a completed Match Report
on the form attached hereto as EXHIBIT "H"- Match Report detailing anticipated match
sources.
5.5.2 With each Reimbursement Request, Agency must submit a log of funds expended
to date on the forme provided in EXHIBIT"H"-Match Report,plus documentation of any match
expenditures first reported in that month's Reimbursement Request.
5.5.3 Records regarding match funds must be kept by Agency in accordance with Section
8.
5.5.4 If the expenditure of match funds and ESG Funds is not happening at approximately
the same pace on a quarterly basis, then the City shall withhold ESG Funds until match
expenditures are substantially the same as ESG Funds reimbursed to date.
5.6 Program Subcontracts.
Agency shall not enter into a subcontract with another agency, contractor, or vendor to
provide a service to clients for any part of the Program that will be paid with ESG Funds without
City's written consent.
6. CLIENT ELIGIBILITY VERIFICATION.
6.1 Client Eligibility.
Agency will document the eligibility of all prospective clients. Agency may redact the
client's personal information and substitute a client number. Agency may use form attached hereto
as EXHIBIT "I"—Staff ESG Certification Form to document the eligibility of all prospective
clients that receive direct financial assistance as more particularly described as follows.
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6.1.1 Azencies Receiving ESG Funds.
6.1.1.1 Coordination of Services. Agency must participate in the local
Continuum of Care and enter data in HMIS.
6.1.1.2 Homelessness Status.Agency must verify that all new clients are FSG
Eligible CIients. Acceptable forms of verification include:
i. For emergency shelter (shelter services for homeless including
childcare for homeless clients):
A signed, dated statement from the client stating that the client is
homeless,or that the client is homeless by virtue of fleeing domestic
violence. ,
ii. For homelessness prevention-financial assistance services:
1. Documentation that the ESG Eligible Client meets the at risk
of homelessness definition consistent with 24 CFR Part
576.2 (1-3),
2. Source Documentation that the ESG Eligible Client has an
annual income at or below 30% of AMI,
3. Evidence documenting that the ESG Eligible CIient does not
have sufficient resources or support networks immediately
available to prevent them from moving to an emergency
shelter or another place defined in Category 1 of the
"homeless"definition under the HEARTH Act,
4. Documentation of eligibility of the housing unit,habitability
inspection, lease, rent reasonableness, rental assistance
agreement between Agency and landlord,
5. Documentation of client's reasonable prospects of resuming
payment of rent or utilities, as applicable, within a
reasonable time,
6. Evidence documenting that the ESG Eligible Client is not
receiving equivalent or same type of assistance from other
homelessness prevention agencies or funding sources, and
7. Documentation supporting the type and amount of assistance
provided, including, but not limited to, invoices, past due
notices, and/or executed leases, as applicable, and proof of
payment by Agency.
iii. For rapid re-housing services-financial assistance:
1. Documentation that the individual or household meets the
homeless definition in the HEARTH Act and that the client
is eligible consistent with the definition of homelessness in
24 CFR Part 576.2,paragraphs 1 and 4,
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2. Documentation of eligibility of the housing unit,habitability
inspection, lease, rent reasonableness, rental assistance
agreement between Agency and landlord,
3. Documentation of client's reasonable prospects of resuming
payment of rent and/or utilities, as applicable, within a
reasonable time,
4. Evidence documenting that the ESG Eligible Client is not
receiving equivalent or same type of assistance from other
rapid re-housing agencies or funding sources, and
5. Documentation supporting the type and amount of assistance
provided, including, but not limited to, invoices, past due
notices, and/or executed leases, as applicable, and proof of
payment by the agency.
iv. For housing relocation and stabilization services:
I. Documentation that services are provided for ESG Eligible
Clients as defined in the HEARTH Act, and
2. Documentation that any staff costs and or
relocation/stabilization services directly benefit the ESG
Eligible Client and are clearly distinguished from the general
administration of the Program.
6.1.2 Performance Standards.
Agency must verify that the Program is tracking ESG activities and outcomes in
accordance with the City's performance standards as described in EXHIBIT "J" - ESG
Performance Standards.
6.1.3 Written Standards for HSG Assistance.
Agency must verify that the Program is documenting Client Eligibility in accordance with
the City's written standards as described in EXHIBIT "J-1" — Written Standards for ESG
Assistance. Agency must maintain all records in accordance with Section 8-
6.2 Submission of Complete Documentation.
Agency must submit copies of documentation of client eligibility described in Section 6.1
with Attachment III in each month's Reimbursement Request for all Unduplicated Clients.
6.3 Maintain Documentation.
Agency must maintain copies of all documentation required by this Section for 5 years
following the expiration of the Contract term. This Section shall survive the earlier terminations
or expirations of this Contract.
7. ADDITIONAL ESG REQUIREMENTS.
Agency agrees to comply with all requirements of the ESG Program as stated in the ESG
Regulations, including but not limited to the following:
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7.1 Environmental Review.
ESG Funds will not be paid, and costs cannot be incurred until City has conducted an
environmental review and an Environmental Review Record as required by 24 CFR Part 58. The
environmental review may result in a decision to proceed with, modify, or cancel the funding for
the Program. Further, Agency will not undertake or commit any funds to physical or choice
limiting actions as described in any applicable federal regulations. Any violation of this provision
will (i) cause this Contract to terminate immediately; and (ii) require Agency to repay City the
ESG Funds it has already received and forfeit any future payments of ESG Funds.
7.2 Contract Not Constitutine Commitment of Funds.
Notwithstanding any provision of this Contract, the Parties agree and acknowledge that
this Contract does not constitute a commitment of funds, and that such commitment of funds or
approval may occur only upon (i) satisfactory completion of an environmental review and receipt
by City of an authorization to use grant funds from HUD under 24 CFR Part 58, (ii) approval of
City's 2018-2019 Action Plan, and (iii)receipt by City of grant agreement from HUD.
7.3 Monitoring.
7.3.1 Agency understands and agrees that it will be subject to monitoring by City for
compliance with terms and provisions of this Contract and the ESG Regulations for the term of
this Contract. Agency is subject to such monitoring during the term of this Contract and for 5
years after the Contract term ends. Agency will provide reports and access to Program files as
requested by City during this 5 year period. For purposes of this Contract, this 5 year period for
monitoring is deemed to begin on October 1, 2019 and end on September 30,2024 regardless of
whether or not this Contract is earlier terminated.
7.3.2 Representatives of City, HUD, HUD Office of Inspector General, and the United
States Comptroller General shall have access during regular business hours, upon 48 hours prior
notice, to Agency's offices and records pertaining to the use of the ESG Funds, and to Agency's
officers, directors, agents, employees, contractors, subcontractors and vendors for the purpose of
such monitoring.
7.3.3 In addition to other provisions of this Contract regarding frequency of monitoring,
City reserves the right to perform desk reviews or on-site monitoring of Agency's compliance with
the terms and conditions of this Contract. City shall provide Agency with a written report of the
monitor's findings after each monitoring visit. If the monitoring report notes deficiencies in
Agency's performance, the report shall include requirements for the timely correction of said
deficiencies by Agency. Failure by Agency to take the action specified in the monitoring report
may be cause for suspension or termination of this Contract as provided herein.
7.3.4 Subsections 7.3.1 through 7.3.3 shall be applicable for the Contract term and for 5
years thereafter and shall survive the earlier termination or expiration of this Contract.
7.3.5 Agency shall provide City annually the results of any state or federal monitoring.
Such results shall be submitted within 60 days of receipt of such state or federal monitoring
report, or with the January Reimbursement Request, whichever is earlier.
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7.4 Azency Procurement,Standards.
Agency shall comply with all applicable federal, state and local laws, regulations, and
ordinances for making procurements under this Contract. In addition to the conflict of interest
provisions in Section 14.13.3, Agency shall establish written procurement procedures to ensure
that materials and services are obtained in a cost effective manner and that provides for full and
open competition. When procuring materials and services for this Contract,Agency shall comply
at a minimum with the procurement standards in 2 CFR Part 200.317 through 2 CFR Part 200.326.
7.4.1 Contracts in excess of$10,000.00 made by Agency using ESG Funds must address
termination for cause and convenience including the manner by which such termination shall be
effected and the basis for settlement of the terminated contract, if any, as required by Appendix II
(B), 2 CFR Part 200.
7.4.2 Agency shall not make any contract with parties Iisted on the government wide
System for Award Management, www.sam.gov ("SAM"). Agency must confirm by search of
SAM that all contractors paid with ESG Funds are not listed by SAM as being debarred,both prior
to hiring and prior to submitting a Reimbursement Request which includes invoices from any such
contractor. Failure to submit such proofs of search shall be an event of default.
7.5 Cost Principles/Cost Reasonableness.
Agency shall administer its use of ESG Funds in compliance with 2 CFR Part 200, as
applicable. The eligibility of costs incurred for performance rendered shall be determined in
accordance with 2 CFR Part 200.400 through 2 CFR Part 200.475.
7.6 Financial Management Standards.
Agency agrees to comply with 2 CFR Part 200,as applicable. Agency also agrees to adhere
to the accounting principles and procedures required therein,utilize adequate internal controls, and
maintain necessary supporting and back-up documentation for all costs incurred in accordance
with 2 CFR Part 200.302 and Part 200.303.
7.7 Uniform Administrative Requirements, Cost Principles, and Audit
Requirements.
Agency will comply with the Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for Federal Awards in 2 CFR Part 200, as applicable, or any reasonably
equivalent procedures and requirements that City may require.
7.8 Terms Applicable to Contractors, Subcontractors and Vendors.
Agency understands and agrees that all terms of this Contract, whether regulatory or
otherwise, shall apply to any and all contractors, subcontractors and vendors of Agency which are
in any way paid with ESG Funds or who perform any work in connection with the Program.
Agency shall cause all applicable provisions of this Contract to be included in and made a part of
any contract or subcontract executed in the performance of its obligations hereunder including its
obligations regarding the ESG Regulations. Agency shall monitor the services and work
performed by its contractors, subcontractors and vendors on a regular basis for compliance with
the ESG Regulations and Contract provisions. Agency must cure all violations of the ESG
Regulations committed by its contractors, subcontractors or vendors. City maintains the right to
insist on Agency's full compliance with the terms of this Contract and the ESG Regulations and
Agency is responsible for such compliance regardless of whether actions taken to fulfill the
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requirements of this Contract are taken by Agency or by Agency's contractors, subcontractors or
vendors. Agency acknowledges that the provisions of this Section shall survive the earlier
termination or expiration of this Contract and shall be applicable for 5 years after the termination
of the Contract.
7.9 CopyriLyht and Patent RiLyhts.
No reports,maps,or other documents produced in whole or in part under this Contract shall
be the subject of an application for copyright by or on behalf of Agency. HUD and City shall
possess all rights to invention or discovery, as well as rights in data,which may arise as a result of
Agency's performance under this Contract.
7.10 Conflict of Interest Disclosure.
In accordance with the requirements of Section 14.13.2.1 and 14.13.4, Agency shall
establish conflict of interest policies for federal awards. Agency shall disclose to City in writing
any potential conflict of interest.
7.11 Compliance with FFATA and Whistleblower Protections.
Agency shall comply with the requirements of 2 CFR 300(b), including provisions of the
Federal Funding Accountability and Transparency Act ("FFATA") governing requirements on
executive compensation and provisions governing whistleblower protections contained in 10
U.S.C. 2409, 41 U.S.C. 4712, 10 U.S.C. 2324, 41 U.S.C. 4304 and 41 U.S.C. 4310.
7.11-1 Agency shall provide City with its DUNS number.
7.12 Internal Controls.
In compliance with the requirements of 2 CFR Part 200.303, Agency shall:
7.12.1 Establish and maintain effective internal control over the ESG Funds that provides
reasonable assurance that Agency is managing the ESG Funds in compliance with federal statutes,
regulations, and the terms and conditions of this Contract. These internal controls shall be in
compliance with guidance in "Standards for Internal Control in the Federal Government" issued
by the Comptroller General of the United States or the "Internal Control Integrated Framework"
issued by the Committee of Sponsoring Organizations of the Treadway Commission ("COSO");
7.12.2 Comply with federal statutes, regulations, and the terms and conditions of this
Contract;
7.12.3 Evaluate and monitor Agency's compliance with statutes,regulations and the terms
and conditions of this Contract;
7.12.4 Take prompt action when instances of noncompliance are identified including
noncompliance identified in audit findings; and
7.12.5 Agency must have written procedures to safeguard protected personally identifiable
information and other information that HUD or City designates as sensitive or Agency considers
sensitive consistent with applicable federal, state, local and tribal laws regarding privacy and
obligations of confidentiality.
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7.13 Confidentiality of Client Information
Consistent with the requirements of 24 CFR Part 576.500, Agency shall comply with the
City's written standards as described in EXHIBIT "N"—Written Standards for Maintenance
of Personally Identifying Information. Furthermore, in compliance with this section, Agency
shall develop and implement written procedures to ensure the following:
7.13.1 Personally Identif_.Ijng Information
All records containing personally identifying information (as defined in HUD's standards
for participation, data collection, and reporting in a local HMIS) of any individual or family who
applies for and/or receives ESG assistance will be kept secure and confidential.
7.13.2 Victim Information
The address or location of any domestic violence, dating violence, sexual assault, or
stalking shelter project assisted by ESG funds will not be made public, except with written
authorization of the person responsible for the operation of the shelter.
7.13.3 Program Participant Information
The address or location of any housing of a client must not be made public, except as
provided under a preexisting policy of either City or Agency and consistent with state and local
laws regarding privacy and obligations of confidentiality.
7.14 Violence Against Women Act Requirements
7.14.1 Agency shall comply with the Violence Against Women Act("VAWA") and shall ensure
that any property owner,manager, or facility assisted by the ESG Funds shall, at the time of
application for services,provide all clients receiving rental assistance with a Notice of
Occupancy Rights under the Violence Against Women Act in substantially the same form as the
form attached and incorporated as Exhibit"O"-Notice of Occupancy Rights Under VAWA in
compliance with VAWA and 24 CFR Part 574.604(a)(2),where applicable.
7.14.2 Agency agrees that no applicant for ESG assistance may be denied admission or
assistance under the Program on the basis or as a direct result of the fact that they are or have
been a victim of domestic violence, dating violence, sexual assault, or stalking, as long as they
would otherwise qualify for the Program_
7.14.3 Agency shall be responsible for reviewing VAWA and 24 CFR Part 574.604-and shall
respond to all emergency transfer requests in accordance with the requirements of those
provisions. Agency may request that all clients requesting an emergency transfer under VAWA
fill out the form attached and incorporated as Exhibit"P" VAWA Emergency Transfer Request
Form.
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8. RECORD KEEPING; REPORTING _ AND DOCUMENTATION
REQUIREMENTS; AUDIT.
8.1 Record KeejRing.
Agency shall maintain a record-keeping system as part of its performance of this Contract
and shall promptly provide City with copies of any document City deems necessary for the
effective fulfillment of City's monitoring and evaluation responsibilities. Specifically, Agency
will keep or cause to be kept an accurate record of all actions taken and all funds spent, with
supporting and back-up documentation. Agency will maintain all records and documentation
related to this Contract for 5 years after the Contract term ends. if any claim, litigation, or audit is
initiated before the expiration of the 5 year period, the relevant records and documentation must
be retained until all such claims, litigation or audits have been resolved. For purposes of this
Contract, this 5 year period for record retention is deemed to begin on October 1, 2019 and end
on September 30, 2024 regardless of whether or not this Contract is earlier terminated.
8.2 Access to Records.
Representatives of City,HUD and any duly authorized officials of the federal government
will have full access to, and the right to examine, audit, copy, excerpt and/or transcribe any of
Agency's records pertaining to all matters covered by this Contract for 5 years after the Contract
term ends. Such access shall be during regular business hours and upon at least 48 hours prior
notice. For purposes of this Contract, this 5 year period for access to records is deemed to begin
on October 1, 2019 and end on September 30,2024 ,regardless of whether or not this Contract is
earlier terminated.
8.3 Reports.
Agency will submit to City all reports and documentation described in this Contract in such
form as City may prescribe. Agency may also be required to submit a final performance and/or
final financial report if required by City at the termination of this Contract in such form and within
such times as City may prescribe. Failure to submit to City any report or documentation described
in this Contract shall be an event of default of this Contract and City may exercise all of its
remedies for default under this Contract.
8.3.1 Additional Information.
Agency shall provide City with additional information as may be required by state or
federal agencies to substantiate Program activities and/or expenditure eligibility.
8.4 Change in Reporting Requirements and Forms.
City retains the right to change reporting requirements and forms at its discretion. City
will notify Agency in writing at least 15 days prior to the effective date of such change, and the
Parties shall execute an amendment to the Contract reflecting such change if necessary.
'8.5 Audit.
8.5.1 Entities that Expend $750,000 or more in Federal Funds Per Year.
All non-federal entities that expend $750,000 or more in federal funds within 1 year,
regardless of the source of the federal award, must submit to City an annual audit prepared in
accordance with specific reference to 2 CFR Part 200.501 through Part 200.521. The audit shall
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cover the Agency's fiscal years during which this Contract is in force. The audit must be
prepared by an independent certified public accountant, be completed within 6 months
following the end of the period being audited and be submitted to City within. 30 days of its
completion. Agency's audit certification is attached hereto as EXHIBIT "C" -- "Audit
Certification Form" and "Audit Requirements". The Audit Certification Form must be
submitted to City prior to or with the first Reimbursement Request. Entities that expend less
than$750,000 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.
8.5.2 City Reserves the Right to Audit.
City reserves the right to perform an audit of Agency's Program operations and finances at
any time during the term of this Contract and for 5 years after the Contract Term ends if City
determines that such audit is necessary for City's compliance with the ESG Regulations or other
City policies. Agency agrees to allow access to all pertinent materials as described herein for such
audit. For purposes of this Contract, this 5 year period for City audit is deemed to begin on
October 1, 2019 and end on September 30, 2024 regardless of whether or not this Contract is
earlier terminated. If such audit reveals a questioned practice or expenditure, such questions must
be resolved within 15 business days after notice to Agency of such questioned practice or
expenditure. If questions are not resolved within this period, City reserves the right to withhold
further funding under this Contract and/or any other contracts with Agency. IF AS A RESULT
OF ANY AUDIT IT IS DETERMINED THAT AGENCY HAS FALSIFIED ANY
DOCUMENTATION OR MISUSED, MISAPPLIED OR MISAPPROPRIATED ESG
FUNDS OR SPENT ESG FUNDS ON ANY INELIGIBLE ACTIVITIES, AGENCY
AGREES TO REIMBURSE CITY THE AMOUNT OF SUCH MONIES PLUS THE
AMOUNT OF ANY SANCTIONS, PENALTY OR OTHER CHARGE LEVIED AGAINST
CITY BY HUD BECAUSE OF SUCH ACTIONS.
9. REIMBURSEMENT REQUIREMENTS.
9.1 Deadline for Submitting Reimbursement Requests.
9.1.1 Reimbursement Requests shall be submitted monthly to the City and must be
received by the City on or before the 15" day of the month following the month expenses were
paid by Agency. For example, the Reimbursement Request for June expenses must be received
by July 15. In the event the 151'' falls on a weekend or City holiday, Reimbursement Requests
shall be due the next day that the City is open for business. Failure to submit a Reimbursement
Request in a timely fashion will result in City taking the actions outlined in Section 10.1.
NOTWITHSTANDING ANYTHING ABOVE, THE REIMBURSEMENT REQUEST FOR
EXPENSES INCURRED FOR SEPTEMBER 2019 MUST BE RECEIVED BY OCTOBER
1, 2019. COMPLETE DOCUMENTATION FOR ALL SEPTEMBER 2019 EXPENSES
MUST BE SUBMITTED BY OCTOBER 15, 2019. FAILURE TO SUBMIT A FINAL
REIMBURSEMENT REQUEST WITH COMPLETE DOCUMENTATION BY
OCTOBER 15,2019 WILL RESULT IN AUTOMATIC FORFEITURE OF PAYMENT OF
THE SEPTEMBER REIMBURSEMENT REQUEST.
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9.1.2 City will notify Agency by e-mail within 14 calendar days if a Reimbursement
Request is lacking Complete Documentation or corrections are needed. Agency will have 7
calendar days from the date of the e-mail notice to submit any requested information or missing
documentation. Agency may be penalized, at City's sole discretion, in the Request for Proposal
for the 2019-2020 Program Year for any notifications received under this Section. If Agency fails
to submit all the required information or missing documentation within 7 calendar days from the
first e-mail,Agency shall forfeit any payments otherwise due that month and failure to submit any
requested information will be considered an event of default as outlined in Section 10.1.2.
9.2 Submission of Reimbursement Requests.
Agency shall provide City with Complete Documentation and the following reports as
shown in EXHIBIT "D"—Reimbursement Forms with each Reimbursement Request:
9.2.1 Attachment I—Invoice.
This report shall contain the amount requested for reimbursement each month, the
cumulative reimbursement requested to date (inclusive of that month's request).
9.2.1.1 Agency must submit a separate invoice for each activity type, i.e.
Shelter Operations,Homeless Prevention,Rapid Rehousing, and HMIS.
9.2.2 Attachment II—Expenditure Worksheet.
This report shall itemize each expense requested for reimbursement by Agency and shall
include the Account corresponding the expense to a Budget line item. In order for this report to
be complete the following must be submitted:
9.2.2.1 For payroll expenses, timesheets signed by employees and approved by
supervisor for all payroll expenses listed. Timesheets must distinguish
between ESG-funded time and non-ESG funded time and reflect actual
time spent on ESG-funded activities. Agency may not submit payroll
expenses dated 60 calendar days prior to the date of the Reimbursement
Request.
9.2.2.2 For non-payroll expenses, invoices for each expense listed with an
explanation as to how the invoiced expense pertains to the Program.
Agency may not submit invoices dated 60 calendar days prior to the date
of the Reimbursement Request.
9.2.2.3 Proof that each expense was paid by Agency, which proof can be
satisfied by canceled checks,wire transfer documentation,paid receipts
or other appropriate banking documentation.
9.2.3 Attachment III--Client Data Report.
This report shall list each Unduplicated Client served during the month along with his or
her demographic information. The Client Data Report must maintain a list of all clients
served during the Contract term. If Agency, receives funds from the United States
Department of Justice, then Agency is prohibited from submitting the Client Data Report
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to the City. However, Agency must complete all required forms under this Section 9.2.3
and maintain in client files in accordance with Section 8. In order for this report to be
complete the following must be submitted:
9.2.3.1 Documentation of income verification for each Unduplicated Client the
first time the client is served, which either will be the completed form
attached hereto as EXHIBIT "E"-Form of Income Self Certification
or Source Documentation.
9.2.3.2 Agency may use the form attached hereto as EXHIBIT"I"—Staff ESG
Certification Form to verify client eligibility as described in Section
6.1.
9.2.4 Delivery of Reimbursement Request.
Reimbursement Requests must be submitted through ZoomGrants by the deadline in
Section 9.1.1.
9.2.5 Match Report.
This report shall document actual expenditure of match funds, as further described in
Section 5.5.
9.2.6 ESG Quarterly HMIS Report.
Agency shall submit the ESG Quarterly HMIS Report, attached hereto as EXHIBIT "K"
— Quarterly Report, with the December, March, June and September Reimbursement Requests
to document Agency's participation in the local Continuum of Care's HMIS.
9.3 Withholding Payment.
CITY SHALL HAVE NO OBLIGATION TO PAY ON ANY REIMBURSEMENT
REQUEST THAT IS NOT RECEIVED BY THE DUE DATE. Failure to timely submit
Reimbursement Requests and Complete Documentation along with any required reports
shall be an event of default.
10. DEFAULT AND TERMINATION.
10.1 Failure to Submit Reimbursement Request or Required Documentation.
10.1.1 If Agency fails to submit a Reimbursement Request in accordance with Section
9, Agency shall be in default of this Contract. City will notify Agency in writing of such default
and the Agency will have 5 calendar days from the date of the written notice to submit such
Reimbursement Request to cure the default. If Agency fails to cure the default within such time,
Agency shall forfeit any payments otherwise due that month.
10.1.2 If Agency fails to submit requested information or missing documentation as
set forth in Section 9.1.2, then Agency shall forfeit payment due that month and the failure to
submit shall be considered an event of default that shall not be cured.
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10.1.3 NOTWITHSTANDING THE PROVISIONS OF SECTION 10.11 OR
10.1.2, IF AGENCY FAILS TO SUBMIT THE REIMBURSEMENT REQUEST DUE
OCTOBER 1, 2019, OR IF THE SUBMITTED REIMBURSEMENT REQUEST FOR
OCTOBER 1,2019 IS LATE,INCOMPLETE OR OTHERWISE NOT IN COMPLIANCE
WITH THIS CONTRACT OR THE ESG REGULATIONS AS DETERMINED BY CITY
IN ITS SOLE DISCRETION, THERE WILL BE NO CURE PERIOD AND ANY
REIMBURSEMENT WILL BE FORFEITED.
10.1.4 fn the event of(i)an uncured default under Section 10.1.1 or an event of default
under 10.1.2 (ii) or more than 2 instances of default, cured or uncured, under these Sections, City
reserves the right at its sole option to terminate this Contract effective immediately upon written
notice of such intent with no penalty or liability to City.
10.1.5 Notwithstanding anything to the contrary herein, City will not be required to
pay any ESG Funds to Agency during the period that any Reimbursement Request, report or
documentation is past due or is not in compliance with this Contract or the ESG Regulations, or
during any period during which Agency is in default of this Contract.
10.1.6 In the event of termination under this Section 10.1, all ESG Funds awarded but
unpaid to Agency pursuant to this Contract shall be immediately forfeited and Agency shall have
no fin-ther right to such funds.
10.2 Failure to Maintain Records or Submit Reports and Documentation.
If Agency fails to maintain all records and documentation as required in Section 8,or if the
maintained or submitted report or documentation is not in compliance with this Contract or the
ESG Regulations as determined by City in its sole discretion, City will notify Agency in writing
and Agency will have 30 calendar days from the date of the written request to obtain or recreate
the missing records and documentation or submit or resubmit any such report or documentation to
City. If Agency fails to maintain the required reports or documentation, or fails to submit or
resubmit any such report or documentation within such time, City shall have the right to terminate
this Contract effective immediately upon written notice of such intent with no penalty or liability
to City.
10.2.1 In the event of termination under this Section 10.2, all ESG Funds awarded but
unpaid to Agency pursuant to this Contract shall be immediately forfeited and Agency shall have
no further right to such funds, and any ESG Funds paid to Agency must be repaid to City.within
30 days of termination. If such ESG funds are not repaid to City within the 30 day period, City
shall exercise all legal remedies available under this Contract.
10.3 In General.
10.3.1 Subject to Section 10.2, and unless specifically provided otherwise in this
Contract, Agency shall be in default under this Contract if Agency breaches any term or condition
of this Contract. In the event that such a breach remains uncured after 30 calendar days following
written notice by City (or such other notice period as may be specified herein) or, if Agency has
diligently and continuously attempted to cure following receipt of such written notice but
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reasonably requires more than 30 calendar days to cure, as determined by both Parties mutually
and in good faith, City shall have the right to elect in City's sole discretion to (i) extend Agency's
time to cure, (ii) terminate this Contract effective immediately upon written notice of such intent
to Agency, or(iii)pursue any other legal remedies available to City under this Contract.
10.3.2 City's remedies may include:
10.3.2.1 Direct Agency to prepare and follow a schedule of actions for
carrying out the affected activities, consisting of schedules,
timetables and milestones necessary to implement the affected
activities.
10.3.2.2 Direct Agency to establish and follow a management plan that
assigns responsibilities for carrying out the remedial activities.
10.3.2.3 Reprogram ESG Funds that have not yet been expended from
affected activities to other eligible activities or withhold ESG Funds.
10.3.2.4 Any other appropriate action including but not limited to any
remedial action legally available such as declaratory judgment,
specific performance, damages, temporary or permanent
injunctions, termination of this Contract or any other contracts with
Agency, and any other available remedies.
10.3.3 to the event of termination under this Section 10.3, all ESG Funds awarded but
unpaid to Agency pursuant to this Contract shall be immediately forfeited and Agency shall have
no further right to such funds, and any ESG Funds already paid to Agency must be repaid to City
within 30 days of the termination_ Failure to repay such ESG Funds within the 30 day period will
result in City exercising all legal remedies available under this Contract.
10.4 No Funds Disbursed while in Breach.
Agency understands and agrees that no ESG Funds will be paid to Agency until all defaults
are cured to City's satisfaction.
10.5 No Compensation After Date of Termination.
Agency shall not receive any compensation for work undertaken after the date of the
termination.
10.6 Rights of City Not Affected.
Termination shall not affect or terminate any of the existing rights of City against Agency,
or which may thereafter accrue because of Agency's default and this provision shall be in addition
to any and all other rights and remedies available to City under the law. Such termination does
not terminate any provisions of this Contract that have been expressly noted as surviving the term
or termination of the Contract. No delay or omission by City in exercising any right or remedy
available to it under this Contract shall impair any such right or remedy or constitute a waiver or
acquiescence in any Agency default.
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10.7 Waiver of Breach Not Waiver of Subsequent Breach.
The waiver of a default or breach of any term, covenant, or condition of this Contract shall
not operate as a waiver of any subsequent default or breach of the same or any other term, covenant
or condition hereof.
1.0.8 Civil, Criminal and Administrative Penalties.
Failure to perform all the Contract terms may result in civil, criminal or administrative
penalties, including, but not limited to those set out in this Contract.
10.9 Termination for Cause.
10.9.1 City may terminate this Contract in the event of Agency's default, inability, or
failure to perform subject to notice, grace and cure periods. In the event City terminates this
Contract for cause, all ESG Funds awarded but unpaid to Agency pursuant to this Contract shall
be immediately rescinded and Agency shall have no further right to such funds and any ESG Funds
already paid to Agency must be repaid to City within 30 days of termination. Failure to repay such
ESG Funds within 30 days will result in City exercising all legal remedies available to City wader
this Contract. AGENCY ACKNOWLEDGES AND AGREES THAT IF CITY
TERMINATES THIS CONTRACT FOR CAUSE, AGENCY OR ANY AFFILIATES OF
AGENCY SHALL NOT BE CONSIDERED FOR ANY OTHER CITY CONTRACT FOR
ESG FUNDS FOR A MINIMUM OF S YEARS FROM THE DATE OF TERMINATION.
10.9.2 Agency may terminate this Contract if City does not provide the ESG Funds
substantially in accordance with this Contract.
10.10 Termination for Convenience.
In terminating in accordance with 2 CFR Part 200, Appendix lI, this Contract may be
terminated in whole or in part only as follows:
10.10.1 By City with the consent of Agency in which case the Parties shall agree upon
the termination conditions, including the effective date and in the case of partial termination, the
portion to be terminated; or
10.10.2 By Agency upon at least 30 days written notification to City, setting forth the
reasons for such termination, the effective date, and in the case of partial termination, the portion
to be terminated. In the case of a partial termination,City may terminate the Contract in its entirety
if City determines in its sole discretion that the remaining portion of the Contract to be performed
or ESG Funds to be spent will not accomplish the purposes for which the Contract was made.
10.11 Dissolution of At!ency Terminates Contract.
This Contract shall terminate in the event Agency is dissolved or ceases to exist. In the
event of termination under this Section, all ESG Funds are subject to repayment and/or City may
exercise all of its remedies under this Contract.
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10.12 Reversion of Assets.
In the event this Contract is terminated with or without cause,all assets acquired by Agency
with the ESG Funds including cash, interest payments from loans or otherwise, all outstanding
notes, mortgages or other security instruments, any accounts receivable attributable to the use of
the ESG Funds, and any real or personal property owned by Agency that was improved with the
ESG Funds shall automatically transfer to City or to such assignee as City may designate.
11. REPAYMENT OF ESG FUNDS.
All ESG Funds are subject to repayment in the event the Program does not meet the
requirements of this Contract or in the ESG Regulations. If Agency takes any action that results
in the City being required to repay all or any portion of the ESG Funds to HUD, Agency
agrees it will reimburse City for such repayment. If Agency takes any action that results in
City receiving a finding from HUD about the Program, whether or not repayment of all or
any portion of the ESG Funds is required of City,Agency agrees City may require that 10%
of the ESG Funds be repaid to City as liquidated damages. The Parties agree that City's
damages in the event of either repayment to HUD being required or receiving a finding from HUD
are uncertain and would be difficult to ascertain and may include an impact on City's ESG grant
or other federal grant funds, in addition to the finding by HUD or a required repayment of funds
to HUD by City. Therefore,the Parties agree that payment under this Section of 10% of the ESG
Funds by Agency to City is liquidated damages and not a penalty.
12. CHANGE IN NON-PROFIT STATUS.
Agency must provide City with written notification of any changes to its non-profit status
within 15 calendar days of being notified of the change. Regardless of notice by Agency, if the
non-profit status of Agency changes after the date of this Contract, City may but is not obligated
to, terminate this Contract. In the event of termination under this Section 12, all ESG Funds
awarded but not yet paid to Agency pursuant to this Contract shall be immediately rescinded and
Agency shall have no further right to such funds. City, in its sole discretion,may require that any
ESG Funds already paid to Agency must be repaid to City within 30 calendar days of termination
under this Section.
13. SURVIVAL.
Any provision of this Contract that pertains to auditing, monitoring, client income
eligibility, record keeping and.reports, City ordinances, or applicable ESG requirements, and any
default and enforcement provisions necessary to enforce such provisions, shall survive the
termination of this Contract for 5 years after the Contract term ends and shall be enforceable by
City against Agency. For purposes of this Contract, this 5 year period for survival of certain
Contract provisions is deemed to begin on October 1, 2019 and end on September 30, 2029
regardless of whether or not this Contract is earlier terminated.
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1.4. GENERAL PROVISIONS
14.1 Agency an Independent Contractor.
Agency shall operate hereunder as an independent contractor and not as an officer, agent,
servant or employee of City. Agency shall have exclusive control of, and the exclusive right to
control, the details of the work and services performed hereunder, and all persons performing
same, and shall be solely responsible for the acts and omissions of its officers, members, agents,
servants, employees, contractors, subcontractors, vendors, clients, licensees or invitees.
14.2 Doctrine of Respondeat Superior.
The doctrine of respondeat superior shall not apply as between City and Agency, or its
officers, members, agents, servants, employees, contractors, subcontractors, vendors, clients,
licensees or invitees, and nothing herein shall be construed as creating a partnership or joint
enterprise between City and Agency. City does not have the legal right to control the details of
the tasks performed hereunder by Agency, its officers, members, agents, employees, contractors,
subcontractors,vendors, clients, licensees or invitees.
14.3 Agency Property.
City shall under no circumstances be responsible for any property belonging to Agency, or
its officers, members, agents, employees, contractors, subcontractors, vendors, clients, licensees
or invitees that may be lost,stolen or destroyed or in any way damaged and AGENCY HEREBY
INDEMNIFIES AND HOLDS HARMLESS CITY AND ITS OFFICERS, AGENTS, AND
EMPLOYEES FROM ANY AND ALL CLAIMS OR SUITS PERTAINING TO OR
CONNECTED WITH SUCH PROPERTY.
14.5 Religious Organization.
Agency shall comply with all applicable requirements as more particularly described in 24
CFR Part 5.109. No portion of the ESG Funds shall be used in support of any sectarian or religious
activity. In addition,there must he no religious or membership criteria for clients of a ESG-funded
service.
14.5.1. Separation of Explicitly Religious Activities.
Agency retains its independence and may continue to carry out its mission, including the
definition, development practice, and expression of its religious beliefs,provided that it does not
use ESG Funds to support or engage in any explicitly religious activities (including activities that
involve overt religious content such as worship,religious instruction,or proselytization), or in any
other manner prohibited by law.
14.5.2 Explicitly Religious Activities.
If Agency engages in explicitly religious activities (including activities that involve overt
religious content such as worship,religious instruction, or proselytization), the explicitly religious
activities must be offered separately, in time or location,from the programs or activities supported
by ESG Funds and participation must be voluntary for clients of a ESG-funded service.
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14.5.3 Required Notices.
If Agency constitutes a Faith-based organization under 24 CFR Part 5.109, Agency must
provide all clients of a ESG-funded service with the notice attached as EXHIBIT "M"—Notice
of Beneficiary Rights. Such notice shall be provided to the client prior to enrollment in any ESG-
funded program or activity. In addition, if a client or prospective client of a ESG-funded service
objects to the religious character of Agency, then Agency must promptly undertake reasonable
efforts to identify and refer the client or prospective client to an alternate provider to which the
client or prospective client has no such objection, as more particularly described in 24 CFR Part
5.109.
14.6 Venue.
Venue shall lie in Tarrant County, Texas for any action,whether real or asserted, at law or
in equity, arising out of the execution, performance, attempted performance or non-performance
of this Contract.
14.7 Governing Law.
This Contract shall be governed by and construed in accordance with the laws of the State
of Texas. If any action, whether real or asserted, at law or in equity, arises out of the execution,
performance or non-performance of this Contract or on the basis of any provision herein, for any
issue not governed by federal law, the choice of law shall be the laws of the State of Texas.
14.8 Severability.
The provisions of this Contract are severable, and if for any reason a clause, sentence,
paragraph or other part of this Contract shall be determined to be invalid by a court or federal or
state agency, board or commission having jurisdiction over the subject matter thereof, such
invalidity shall not affect other provisions which can be given effect without the invalid provision.
14.9 _Written Agreement Entire Contract.
This written instrument and the Exhibits, Attachments, and Addendums attached hereto,
which are incorporated by reference and made a part of this Contract for all purposes, constitute
the entire agreement by the Parties concerning the work and services to be performed under this
Contract. Any prior or contemporaneous oral or written agreement which purports to vary the
terms of this Contract shall be void. Any amendments to the terms of this Contract must be in
writing and executed by the Parties.
14.10 Paragraph Headines for Reference Only, No Legal Significance; Number
and Gender.
The paragraph headings contained herein are for convenience in reference to this Contract
and are not intended to define or to limit the scope of any provision of this Contract. When context
requires, singular nouns and pronouns include the plural and the masculine gender shall be deemed
to include the feminine or neuter and the neuter gender to include the masculine and feminine.
The words "include" and"including"whenever used herein shall be deemed to be followed by the
words "without limitation".
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14.11 Compliance With All Applicable Laws and ReguIations.
Agency agrees to comply fully with all applicable laws and regulations that are currently
in effect or that are hereafter amended during the performance of this Contract. Those laws
include, but are not limited to:
➢ ESG Regulations found in 24 CFR Part 576
➢ SubtitleB of Title IV of the McKinney-Vento Homeless Assistance Act, as amended,
(42 USC 11371)
➢ Title VI of the Civil Rights Act of 1964 (42 U.S.C. Sections 2000d et seq.) including
provisions requiring recipients of federal assistance to ensure meaningful access by
persons of limited English proficiency
➢ The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. Sections
3601 etseq.)
➢ Executive Orders 11063, 11246 as amended by 11375 and 12086 and as supplemented
by Department of Labor regulations 41 CFR Part 60
➢ The Age Discrimination in Employment Act of 1967
➢ The Age Discrimination Act of 1975 (42 U.S.C. Sections 6101 et seq.)
➢ The Uniform Relocation.Assistance and Real Property Acquisition.Policies Act of 1970
(42 U.S.C. Sections 4601 et seq. and 49 CFR Part 24) ("URA")
➢ Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. Sections 794 et seq.) and 24
CFR Part 8 where applicable
➢ National Environmental Policy Act of 1969, as amended, 42 U.S.C. Sections 4321 et
seq. ("NEPA") and the related authorities listed in 24 CFR Part 58.
➢ The Clean Air Act, as amended, (42 U.S.C. Sections 1251 et seq.) and the Clean Water
Act of 1977, as amended (33 U.S.C. Sections 1251 et seq_) and the related Executive
Order 11738. In no event shall any amount of the assistance provided under this
Contract be utilized with respect to a facility that has given rise to a conviction under
the Clean.Air Act or the Clean Water Act.
➢ Immigration Reform and Control Act of 1986 (8 U.S.C. Sections 1101 et seq.)
specifically including the provisions requiring employer verifications of legal status of
its employees
➢ The Americans with Disabilities Act of 1990 (42 U.S.C. Sections 12101 et seq.), the
Architectural Barriers Act of 1968 as amended (42 U.S.C. Sections 4151 et seq.) and
the Uniform Federal Accessibility Standards, 24 CFR Part 40,Appendix A
➢ Regulations at 24 CFR Part 87 related to lobbying, including the requirement that
certifications and disclosures be obtained from all covered persons
➢ Drug Free Workplace Act of 1988 (41 U.S.C. Sections 701 et seq.) and 24 CFR Part
23, Subpart F
➢ Executive Order 12549 and 24 CFR Part 5.105(c) pertaining to restrictions on
participation by ineligible, debarred or suspended persons or entities
➢ Section 6002 of the Solid Waste Disposal Act, as amended by the Resource
Conservation and Recovery Act
➢ Guidelines of the Environmental Protection Agency at 40 CFR Part 247
➢ For contracts and subgrants for construction or repair, Copeland "Anti-Kickback" act
(18 U.S.C. 874) as supplemented in 29 CFR Part 5
➢ For construction contracts awarded by Agency in excess of$2,000, and in excess of
$2,500 for other contracts which involve the employment of mechanics or laborers,
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Sections 103 and 107 of the Contract Work Hours and Safety Standards Act(40 U.S.C.
327A 300) as supplemented by 29 CFR Part 5
Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et seq.), as amended by
the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851 et
seq.) and implementing regulations at 24 CFR Part 35, subparts A, B, M, and R
➢ Uniform Administrative Requirements, Cost Principles, and Audit Requirements for
Federal Awards,2 CFR Part 200 et seq.
➢ Federal Funding Accountability and Transparency Act of 2006 ("FFATA") (Pub.L-
109-282, as amended by Section 6205(x) of Pub.L. 110-252 and Section 3 of Pub.L.
113-101)
➢ Federal Whistleblower Regulations, as contained in 10 U.S.C. 2409, 41 U.S.C. 4712,
10 U_S.C. 2324,41 U.S.C. 4304 and 41 U.S.C. 4310.
14.12 EWD Assisted Pr-ojeets and Employment and other Econonik
9over-t itites;Seefien 3 Requirements.
14.13 Prohibition Against Discrimination.
14.13.1 General Statement.
Agency shall comply in the execution, performance or attempted performance of this
Contract,with all non-discrimination requirements of 24 CFR Part 5 as modified by 24 CFR Part
576.57(a) and Chapter 17, Article III, Division 4 —Fair Housing of the City Code. Agency may
not discriminate against any person because of race, color, sex, gender, religion, national origin,
familial status, disability or perceived disability, sexual orientation, gender identity, gender
expression, or transgender, nor will Agency permit its officers, members, agents, employees, or
clients to engage in such discrimination.
This Contract is made and entered into with reference specifically to Chapter 17, Article
111,Division 3 -Employment Practices of the City Code,and Agency hereby covenants and agrees
that Agency, its officers, members, agents, employees and contractors, have fully complied with
all provisions of same and that no employee, or applicant for employment has been discriminated
against under the terms of such ordinances by either or its officers, members, agents, employees
or contractors.
14.13.2 No Discrimination in Employment during the Performance of This
Contract.
During the performance of this Contract Agency agrees to the following provision, and
will require that its contractors and subcontractors also comply with such provision by including
it in all contracts with its contractors:
[Contractor's, Subcontractor's or Vendor's named will not unlawfully discriminate against
any employee or applicants for employment because of race, color, sex, gender, religion,national
origin, familial status, disability or perceived disability,sexual orientation, gender identity,gender
expression or transgender. [Contractor's Subcontractor's or Vendor's name]will take affirmative
action to ensure that applicants are hired without regard to race, color, sex, gender, religion,
national origin, familial status, disability or perceived disability, sexual orientation, gender
identity,gender expression or transgender and that employees are treated fairly during employment
without regard to their race, color, sex, gender, religion, national origin, familial status, disability
ESG PSA CONTRACT 2018-2019 Page 24
The Salvation Army,a Georgia Corporation Rev.09.14.2018
orperceived disability, sexual orientation,gender identity,gender expression or transgender. Such
action shall include, but not be limited to, the following: employment, upgrading, demotion or
transfer,recruitment or recruitment advertising, layoff or termination,rates of pay or other forms
of compensation, and selection for training, including apprenticeship. [Contractor's.
Subcontractor's or Vendor's name] agrees to post in conspicuous places, available to employees
and applicants for employment, notices setting forth the provisions of this nondiscrimination
clause.
[Contractor's Subcontractor's or Vendor's name] will, in all solicitations or
advertisements for employees placed by or on behalf of [Contractor's, Subcontractor's or
Vendor's name], state that all qualified applicants will receive consideration for employment
without regard to race, color, sex, gender, religion, national origin, familial status, disability or
perceived disability, sexual orientation, gender identity, gender expression or transgender.
[Contractor's, Subcontractor's or Vendor's name] covenants that neither it nor any of its
officers, members, agents, employees, or contractors, while engaged in performing this Contract,
shall, in connection with the employment, advancement or discharge of employees or in
connection with the terms, conditions or privileges of their employment, discriminate against
persons because of their age or because of any disability or perceived disability, except on the
basis of a bona fide occupational qualification,retirement plan or statutory requirement.
[Contractor's, Subcontractor's or Vendors name] further covenants that neither it nor its
officers,members, agents, employees, contractors, or persons acting on their behalf, shall specify,
in solicitations or advertisements for employees to work on this Contract, a maximum age limit
for such employment unless the specified maximum age limit is based upon a bona fide
occupational qualification,retirement plan or statutory requirement.
14.13.3 Agency's Contractors and the ADA.
In accordance with the provisions of the Americans With Disabilities Act of 1990
("ADA"), Agency warrants that it and any of its contractors will not unlawfully discriminate on
the basis of disability in the provision of services to the general public,nor in the availability,terms
and/or conditions of employment for applicants for employment with,or employees of,Agency or
any of its contractors. AGENCY WARRANTS IT WILL FULLY COMPLY WITH THE
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, CONTRACTORS SUBCONTRACTORS, VENDORS OR AGENTS
AGAINST CITY ARISING OUT OF AGENCY'S AND/OR ITS CONTRACTORS',
SUBCONTRACTORS', VENDORS' OR AGENTS' OR THEIR RESPECTIVE
EMPLOYEES'ALLEGED FAILURE TO COMPLY WITH THE ABOVE-REFERENCED
LAWS CONCERNING DISABILITY DISCRIMINATION IN THE PERFORMANCE OF
THIS CONTRACT.
ESG PSA CONTRACT 2018-2019 Page 25
The Salvation Army,a Georgia Corporation Rev.09.142018
14.14. Conflicts of Interest and Violations of Criminal Law.
14.14.1 Agency Safeguards.
Agency shall establish safeguards to prohibit its employees, board members, advisors and
agents from using positions for a purpose that is or gives the appearance of being motivated by a
desire for private gain for themselves or others, particularly those with whom they have fancily,
business or other ties. Agency shall disclose to City any such conflict of interest or potential
conflict of interest, immediately upon discovery of such.
14.14.2 General Prohibition Against Conflicts of Interest.
No employees, agents, consultants, officers or elected officials or appointed officials of
City or of Agency who exercise or have exercised any functions or responsibilities with respect to
activities assisted with ESG funds or who are in a position to participate in a decision-making
process or gain inside information with regard to these activities may utilize ESG services, may
obtain a financial interest or benefit from a ESG-assisted activity, or have an interest in any
contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for
themselves or those with whom they have family or business ties, during their tenure or for 1 year
thereafter..
14.14.2.1 Agency shall establish conflict of interest policies for federal awards
including the ESG Funds and shall disclose in writing potential
conflicts of interest to City as authorized by 2 CFR Part 200.112.
14.14.2.2 Agency shall comply with HUD requirements regarding
organizational conflicts of interest in provision of shelter, housing,
prevention and related services as more particularly described in 24
CFR Part 576.404.
14.14.3 Conflicts of Interest Involving Procurement.
The conflict of interest provisions of 2 CFR Part 200.318 , shall apply in the procurement
of property and services by Agency. In all cases not governed by those Sections, the provisions
of 24 CFR fart 576.57(d) of the ESG Regulations shall apply.
14.14.3.1 As more particularly described in 2 CFR Part 200.318,Agency shall
maintain and submit to City written standards of conduct covering
conflicts of interest and governing the performance of its employees
engaged in the selection,award,and administration of contracts. No
employee, officer, or agent may participate in the selection, award,
or administration of a contract supported by a federal award if he or
she has a real or apparent conflict of interest. The standards of
conduct must provide for disciplinary actions to be applied for
violations of such standards by officers, employees, or agents of
Agency.
14.14.3.2 The officers, employees, and agents of Agency shall neither solicit
nor accept gratuities, favors, or anything of monetary value from
contractors or parties to subcontracts.
ESG PSA CONTRACT 2018-2019 Page 26
The Salvation Army,a Georgia Corporation Rev.09.14.2018
14.14.3.3 Notwithstanding the prohibition contained in Section 14.13.3.2,
Agency may set standards of conduct for situations in which the
financial interest is not substantial or the gift is an unsolicited item
of nominal value. .Such standards of conduct must provide for
disciplinary actions to be applied for violations of such standards by
Agency's officers, employees or agents.
14.14.3.4 Agency shall maintain written standards of conduct covering
organizational conflicts of interest. Organizational conflicts of
interest means that because of relationships with a parent company,
affiliate, or subsidiary organization, Agency is unable or appears to
be unable to be impartial in conducting a procurement action
involving a related organization.
14.14.3.5 Agency must maintain records sufficient to detail the history of
procurement. These records will include, but are not necessarily
Iimited to the following: rationale for the method of procurement,
selection of contract type, contractor selection or rejection, and the
basis for the contract price.
14.14.4 Disclosure of Conflicts of Interest.
In compliance with 2 CFR Part 204.112, Agency is required to timely disclose to City in
writing any potential conflict of interest.
14.14.5 Disclosure of Texas Penal Code Violations.
Agency affirms that it will adhere to the provisions of the Texas Penal Code which prohibit
bribery and gifts to public servants.
14.14.6 Disclosure of Federal Criminal Law Violations.
In compliance with 2 CFR Part 200.113, Agency is required to timely disclose to City all
violations of federal criminal law involving fraud, bribery or gratuity violations potentially
affecting the Agency.
14.15 Subcontracting with Small and Minority Firms, Women's Business
Enterprises and Labor Surplus Areas.
14.15.1 For procurement contracts $50,000.00 or larger that are paid for, in part or in
full, with ESG Funds, Agency agrees to abide by City's policy to involve Minority Business
Enterprises and Small Business Enterprises and to provide them equal opportunity to compete for
contracts for construction,provision of professional services,purchase of equipment and supplies
and provision of other services required by City. Agency agrees to incorporate the City's BDE
Ordinance, and all amendments or successor policies or ordinances thereto, into all contracts and
subcontracts for procurement larger than $50,000.00 or larger that are paid for, in part or in full,
with the ESG Funds and will further require all persons or entities with which it so contracts to
comply with said ordinance.
14.15.2 It is national policy to award a fair share of contracts to disadvantaged business
enterprises ("DBEs"), small business enterprises ("SBEs"), minority business enterprises
ESG PSA CONTRACT 2018-2019 Page 27
The Salvation Army,a Georgia Corporation Rev.09.14.2018
("MBEs"), and women's business enterprises ("WBEs"). Accordingly, affirmative steps must be
taken to assure that DBEs, SBEs, MBEs, and WBEs are utilized when possible as sources of
supplies, equipment, construction and services.
14.15.2.1 In order to comply with federal reporting requirements, Agency
must submit the form attached hereto as EXHIBIT "L" — MBE
Reporting Form for each contract or subcontract with a value of
$10,000.00 or more paid or to be paid with the ESG Funds. Agency
shall submit this form by the date specified in EXHIBIT "L" —
MBE Reporting Form.
14.16 Other Laws.
The failure to list any federal, state or City ordinance, law or regulation that is applicable
to Agency does not excuse or relieve Agency from the requirements or responsibilities in regard
to following the law, nor from the consequences or penalties for Agency's failure to follow the
law, if applicable.
14.17 Assignment.
Agency shall not assign all or any part of its rights,privileges, or duties under this Contract
without the prior written approval of City. Any attempted assignment of same without approval
shall be void, and shall constitute a breach of this Contract.
14.18. Right to Insj2ect Agency Contracts.
It is agreed that City has the right to inspect and approve in writing any proposed contracts
between Agency and any contractor or vendor engaged in any activity in conjunction with this
ESG-funded Program prior to any charges being incurred.
14.19 Force Maieure
If Agency becomes unable, either in whole or part, to fulfill its obligations under this
Contract due to acts of God, strikes, lockouts, or other industrial disturbances, acts of public
enemies, wars, blockades, insurrections, riots, epidemics, earthquakes, fires, floods, restraints or
prohibitions by any court,board, department,commission or agency of the United States or of any
States, civil disturbances, or explosions, or some other reason beyond Agency's control
(collectively, "Force Majeure Event"), the obligations so affected by such Force Majeure Event
will be suspended only during the continuance of such event. Agency will give City written notice
of the existence,extent and nature of the Force Majeure Event as soon as reasonably possible after
the occurrence of the event. Failure to give notice will result in the continuance of Agency's
obligation regardless of the extent of any existing Force Majeure Event. Agency will use
commercially reasonable efforts to remedy its inability to perform as soon as possible.
14.20 IMMIGRATION NATIONALITY ACT.
City actively supports the Immigration&Nationality Act(INA)which includes provisions
addressing employment eligibility,employment verification, and nondiscrimination. Agency shall
verify the identity and employment eligibility of all employees who perform work under this
Agreement. Agency shall complete the Employment Eligibility Verification Form(I-9), maintain
photocopies of all supporting employment eligibility and identity documentation for all
employees, and upon request, provide City with copies of all I-9 forms and supporting eligibility
documentation for each employee who performs work under this Agreement. Agency shall
ESG PSA CONTRACT 2018-2019 Page 28
The Salvation Army,a Georgia Corporation Rev. 09.14.2018
establish appropriate procedures and controls so that no services will be performed by any
employee who is not legally eligible to perform such services. Agency shall provide City with a
certification letter that it has complied with the verification requirements required by this
Agreement. Agency shall indemnify City from any penalties or liabilities due to violations of this
provision. City shall have the right to immediately terminate this Agreement for violations of this
provision by Agency.
15. INDEMNIFICATION AND RELEASE.
AGENCY COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS
AND DEFEND, AT ITS OWN EXPENSE, CITY AND ITS OFFICERS, AGENTS,
SERVANTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS OR
SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY,
INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER HIND OR
CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN
CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED
PERFORMANCE OR NONPERFORMANCE OF THIS CONTRACT ANDIOR THE
OPERATIONS, ACTIVITIES AND SERVICES OF THE PROGRAM DESCRIBED
HEREIN, WHETHER OR NOT CAUSED IN WHOLE OR IN PART, BY ALLEGED
NEGLIGENCE OF OFFICERS,AGENTS,SERVANTS,EMPLOYEES,CONTRACTORS
OR SUBCONTRACTORS OF CITY; AND AGENCY HEREBY ASSUMES ALL
LIABILITY AND RESPONSIBILITY OF CITY AND ITS OFFICERS, AGENTS,
SERVANTS, AND EMPLOYEES FOR ANY AND ALL CLAIMS OR SUITS FOR
PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY,INCLUDING DEATH,
TO ANY AND ALL PERSONS, OF WHATSOEVER KINDS OR CHARACTER,
WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH
THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE OR
NONPERFORMANCE OF THIS CONTRACT AND/OR THE OPERATIONS,
ACTIVITIES AND SERVICES OF THE PROGRAM DESCRIBED HEREIN,WHETHER
OR NOT CAUSED IN WHOLE OR IN PART BY ALLEGED NEGLIGENCE OF
OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS OR
SUBCONTRACTORS OF CITY. AGENCY LIKEWISE COVENANTS AND AGREES TO
AND DOES HEREBY INDEMNIFY AND HOLD HARMLESS CITY FROM AND
AGAINST ANY AND ALL INJURY,DAMAGE OR DESTRUCTION OF PROPERTY OF
CITY,ARISING OUT OF OR IN CONNECTION WITH ALL ACTS OR OMISSIONS OF
AGENCY, ITS OFFICERS, MEMBERS, AGENTS, EMPLOYEES, CONTRACTORS,
SUBCONTRACTORS, INVITEES, LICENSEES, OR CLIENTS, OR CAUSED, IN
WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS,
SERVANTS,EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS OF CITY.
IT IS THE EXPRESS INTENTION OF THE PARTIES, BOTH AGENCY AND
CITY, THAT THE INDEMNITY PROVIDED FOR THIS SECTION INCLUDES
INDEMNITY BY AGENCY TO INDEMNIFY AND PROTECT CITY FROM THE
CONSEQUENCES OF CITY'S OWN NEGLIGENCE,WHETHER THAT NEGLIGENCE
IS ALLEGED TO BE THE SOLE OR CONCURRING CAUSE OF THE INJURY,
DAMAGE OR DEATH.
ESG PSA CONTRACT 2018-2019 Page 29
The Salvation Array,a Georgia Corporation Rev. 09.142018
AGENCY AGREES TO AND SHALL RELEASE CITY, ITS AGENTS,
EMPLOYEES, OFFICERS AND LEGAL REPRESENTATIVES FROM ALL LIABILITY
FOR INJURY, DEATH, DAMAGE OR LOSS TO PERSONS OR PROPERTY
SUSTAINED IN CONNECTION WITH OR INCIDENTAL TO PERFORMANCE UNDER
THIS CONTRACT, EVEN IF THE INJURY, DEATH, DAMAGE OR LOSS IS CAUSED
BY CITY'S SOLE OR CONCURRENT NEGLIGENCE.
AGENCY SHALL REQUIRE ALL OF ITS CONTRACTORS AND
SUBCONTRACTORS TO INCLUDE IN THEIR CONTRACTS AND SUBCONTRACTS
A RELEASE AND INDEMNITY IN FAVOR OF CITY IN SUBSTANTIALLY THE SAME
FORM AS ABOVE.
16. WAIVER OF IMMUNITY BY AGENCY.
If Agency, as a charitable or nonprofit organization, has or claims an immunity or
exemption (statutory or otherwise) from and against liability for damages or injury, including
death,to persons or property,Agency hereby expressly waives its rights to plead defensively such
immunity or exemption as against City. This Section shall not be construed to affect a
governmental entity's immunities under constitutional, statutory or common law. -
17. INSURANCE AND BONDING.
Agency will maintain coverage in the form of insurance or bond in the amount of$250,000
to insure against loss from the fraud, theft or dishonesty of any of Agency's officers, agents,
trustees, directors or employees. The proceeds of such insurance or bond shall be used to
reimburse City for any and all loss of ESG bunds occasioned by such misconduct. To effectuate
such reimbursement, such fidelity coverage shall include a rider stating that reimbursement for
any loss or losses shall name the City as a Loss Payee.
Agency shall furnish to City in a timely manner, but not later than the Effective Date,
certificates of insurance as proof that it has secured and paid for policies of commercial insurance
as specified herein. If City has not received such certificates by the Effective Date, Agency shall
be in default of the Contract and City may, at its option, terminate the Contract.
Such insurance shall cover all insurable risks incident to or in connection with the
execution;performance,attempted performance or nonperformance of this Contract- Agency shall
maintain the following insurance coverage and limits:
Commercial General Liability(CGL) Insurance
$ 500,000 each occurrence
$1,000,000 aggregate limit
Non-Profit Organization Liability or Directors & Officers Liability
$1,000,000 Each Occurrence
$1,000,000 Annual Aggregate Limit
Business Automobile Liability Insurance
$1,000,000 each accident on a combined single-limit basis, or
$ 250,000 Property Damage
ESG PSA CONTRACT 2018-2019 Page 30
The Salvation Army,a Georgia Corporation Rev.09.14.2018
$ 500,000 Bodily Injury per person per occurrence
$2,000,000 Aggregate
Insurance policy shall be endorsed to cover"Any Auto", defined as autos owned, hired,
and non-owned. Pending availability of the above coverage and at the discretion of
City,the policy shall be the primary responding insurance policy versus a personal
auto insurance policy if or when in the course of Agency's business as contracted
herein.
Workers' Compensation Insurance
Part A: Statutory Limits
Part B: Employer's Liability
$100,000 each accident
$100,000 disease-each employee
$500,000 disease-policy limit
Note: Such insurance shall cover employees performing work on any and all projects
including but not limited to construction, demolition, and rehabilitation. Agency or its
contractors shall maintain coverages, if applicable. In the event the respective contractors
do not maintain coverage, Agency shall maintain the coverage on such contractor, if
applicable, for each applicable contract.
Additional Requirements
Such insurance amounts shall be revised upward at City's reasonable option and no more
frequently than once every 12 months, and Agency shall revise such amounts within 30 days
following notice to Contractor of such requirements.
Agency will submit to City documentation that it has obtained insurance coverage and has
executed bonds as required in this Contract prior to payment of any monies provided hereunder_
Where applicable, insurance policies required herein shall be endorsed to include City as an
additional insured as its interest may appear. Additional insured parties shall include employees,
officers, agents, and volunteers of City.
Any failure on part of City to request certificate(s) of insurance shall not be construed as a waiver
of such requirement or as a waiver of the insurance requirements themselves.
Insurers of Agency's insurance policies shall be licensed to do business in the state of Texas by
the Department of Insurance or be otherwise eligible and authorized to do business in the state of
Texas. Insurers shall be acceptable to City insofar as their financial strength and solvency and
each such company shall have a current minimum A.M. Best Key Rating Guide rating of A-: VII
or other equivalent insurance industry standard rating otherwise approved by City.
Deductible limits on insurance policies shall not exceed $5,000 per occurrence unless otherwise
approved by City.
ESG PSA CONTRACT 2015-2019 Page 31
The Salvation Army,a Georgia Corporation Rev.09.14.2018
In the event there are any local, federal or other regulatory insurance or bonding requirements for
the Program, and such requirements exceed those specified herein, the former shall prevail.
Agency shall require its contractors to maintain applicable insurance coverages, limits, and other
requirements as those specified herein; and Agency shall require its contractors to provide Agency
with certificate(s) of insurance documenting such coverage. Also, Agency shall require its
contractors to have City and Agency endorsed as additional insureds (as their interest may appear)
on their respective insurance policies.
Directors and Officers Liability coverage shall be in force and may be provided on a claims-made
basis. This coverage may also be referred to as Management Liability, and shall protect the insured
against claims arising out of alleged errors in judgment,breaches of duty and wrongful acts arising
out of their organizational duties. Coverage shall protect not only the entity, but all past, present
and future directors, officers, trustees, employees,volunteers and committee members.
Notwithstanding any provision in this Contract to the contrary, when applicable, Agency
shall comply with the requirements of 2 CFR 200.310 and shall, at a minimum, provide the
equivalent insurance coverage for real property and equipment acquired or improved with
ESG Funds as provided to property owned by Agency.
18. CERTIFICATION REGARDING LOBBYING.
The undersigned representative of Agency hereby certifies, to the best of his or her
knowledge and belief,that:
No federal appropriated funds have been paid or will be paid, by or on behalf of Agency,
to any person for influencing or attempting to influence an officer or employee of any
agency, a member of Congress, an officer or employee of Congress in connection with the
awarding of any federal contract,the making of any federal grant,the making of any federal
loan, the entering into of any cooperative agreement and the extension, continuation,
renewal, amendment, or modification of any federal contract, grant, loan or cooperative
agreement.
If any funds other than federally appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency,
member of Congress in connection with this federal contract, grant, loan or cooperative
agreement, Agency shall complete and submit Standard Form-LLL, "Disclosure Form to
Report Lobbying,"in accordance with its instructions.
This certification is a material representation of fact upon which reliance was placed when
this Contract was made or entered into. Submission of this certificate is a prerequisite for
making or entering into this Contract imposed by 31 U.S.C. Section 1352. Any person
who fails to file the required certification shall be subject to a civil penalty of not less than
$10,000.00 and not more than$100,000.00 for each such failure.
Agency shall require that the language of this certification be included in all subcontracts or
agreements involving the expenditure of federal funds.
ESG PSA CONTRACT 2018-2019 Page 32
The Salvation Army,a Georgia Corporation Rev.09.14.2018
19. LITIGATION AND CLAIMS.
Agency shall give City immediate notice in writing of any action,including any proceeding
before an administrative agency, filed against Agency in conjunction with this Contract or the
Program. Agency shall furnish immediately to City copies of all pertinent papers received by
Agency with respect to such action or claim. Agency shall provide a notice to City within 10 days
upon filing under any bankruptcy or financial insolvency provision of law.
20. NOTICE.
All notices required or permitted by this Contract must be in writing and are deemed
delivered on the earlier date of the date actually received or the third day following deposit in a
United States Postal Service post office or receptacle; with proper postage, certified mail return
receipt requested; and addressed to the other Party at the address set out below or at such other
address as the receiving Party designates by proper notice to the sending Party.
City:
City Attorney's Office
200 Texas Street
Fort Worth, TX 76102
Telephone: 817-392-7600
Copy to:
Neighborhood Services Department
200 Texas Street
Fort Worth, TX 76102
Attention: Assistant Director
Telephone: 817-392-7540
Copy to:
Neighborhood Services Department
200 Texas Street
Fort Worth, TX 76102
Attention: Sr.Administrative Assistant
Telephone: 817-392-7369
Agency:
The Salvation Army, a Georgia Corporation
Ronnie Raymer
1855 East Lancaster Avenue
Fort Worth, Texas 76103
Telephone: 817-344-1831
ESG PSA CONTRACT 2018-2019 Page 33
The Salvation Army,a Georgia Corporation Rev.09.14.2018
21. AGENCY HAS LEGAL AUTHORITY TO ENTER INTO CONTRACT.
Agency represents that it possesses the legal authority,pursuant to any proper, appropriate
and official motion,resolution or action passed or taken, to enter into this Contract and to perforin
the responsibilities herein required.
22. COUNTERPARTS.
This Contract may be executed in multiple counterparts, each of which shall be considered
an original, but all of which shall constitute one instrument which may be sufficiently evidenced
by one counterpart.
23. PROGRAM INCOME
Parties agree that no program income as defined by HUD shall be earned as a result of this
contract.
[SIGNATURES APPEAR ON NEXT PAGE]
ESO PSA CONTRACT 2018-2019 Page 34
The Salvation Army,a Georgia Corporation Rev.09.14.2018
IN WITNESS WHEREOF, the Parties hereto have executed 4 duplicate originals of this
Contract in Fort Worth, Tarrant County, Texas.
A T"T: CITY OF FORT WORTH
By: �_'� '
ou4z LL--
City Secret Femando Costa,Assistant City Manager
M&C: G-19f28
1295 Certification No. 2018-363019
Date: August 7, 2018
APPROVED AS TO FORM AND LEGALITY:
"Aeyir
Matthew Murray,As Stant City Attorney
CONTRACT COMPLIANCE MANAGER:
By signing, I acknowledge that I am the person responsible
for the monitoring and administration of this contract, including
ensuring all performance and reporting requirements
Barbara Asbury ~�
Compliance and Planning Manager
THE SALVATION A ,A GEORGIA CORPORATION
By:
Ronnie yR��aymer, ieul(t��enant Colonel
��.XaS I,]'�ViS�+✓�-� LOw.w.a•acicr
ESG PSA CONTRACT 2018-2019 �"��� � ®
The Salvation Army,a Georgia Corporation OW5RffARY
FT. WORTH,YX
EXHIBITS:
EXHIBIT "A"—Program Summary
EXHIBIT "A-1"—2018 HUD Income Limits
EXHIBIT "B"—Budget
EXHIBIT"C"—Audit Certification Form
EXHIBIT "D"—Reimbursement Forms
EXHIBIT "E"—Form of Income Self-Certification
EXHIBIT"F"—Standards for Complete Documentation
EXHIBIT "G"—Section 3 Reporting Forms (NOT APPLICABLE)
EXHIBIT "H"—Match Report
EXHIBIT "I"—ESG Staff Certification Form
EXHIBIT "J"-ESG Performance Standards
EXHIBIT "J-1"—Written Standards for ESG Assistance
EXHIBIT "K"—ESG Quarterly HMIS Report
EXHIBIT "L"—MBE Reporting Form
EXHIBIT "M"—Notice of Beneficiary Rights
EXHIBIT "N"—Written Standards for Maintenance of Personally Identifying Information
ESG PSA CONTRACT 2018-2019 Page 36
The Satvation Army,a Georgia Corporation Rev.09.14.2018
THE SALVATION ARMY,A GEORGIA EXHIBIT "A"
CORPORATION
Fort Worth Mabee Center—Homelessness PROGRAM SUMMARY
Programs
PROGRAM SUMMARY
. (ESG)
October 1, 2018 to September 30, 2019 $250,000
PERIOD AMOUNT
Capitalized terms not defined herein shall have meanings assigned them in the Contract.
PROGRAM:
The Program provides three separate service components:
1) Homeless Prevention component includes services for individuals and families who are
at risk of homelessness as defined by HUD, including short-term financial assistance for
rent and/or utilities, case management,home visits, and life skills training. Any financial
assistance will be short-term not to exceed 3 months. Any arrears owed are not included
in 3 months.
2) Emergency Shelter component provides safe, clean refuge for homeless families with
minor children and single women. While in shelter, clients receive Iodging
accomodations, food, shower, facilities, hygiene products, case management and
referrals.
3) Rapid Re-Housing Services component provides services for individuals and families
who are homeless as defined by HUD, including short-term financial assistance for rent
and security deposits. Any financial assistance will not exceed 12 months_
ESG Funds will be used to pay for financial assistance in the form of rent payments and security
deposits payments, including arrears if necessary for Prevention. ESG Funds will also be used to
pay for salaries and fringe benefits for Program employees.
Agency's office is located at 1855 E. Lancaster, Fort Worth, TX 76103. Case Management
services will be provided Monday through Friday, 9:00 a.m. to 5:00 p.m., with evening or
weekend appointments scheduled as needed to accommodate client's schedule. Life skills and
financial education classes times vary and are held Monday through Friday.
REGULATORY CLASSIFICATION:
Service Category(if more than one category, specify amount for each):
• ESG Emergency Shelter Component: $45,000.00
ESG PSA CONTRACT 2018-2019—EXHIBIT"N'—PROGRAM SUMMARY Page I
The Salvation Army,a Georgia Corporation
• ESG Homeless Prevention Component: $155,000.00
ESG Funds $88,375.00
UDAG Funds $66,625.00
• ESG Rapid Re-Housing Assistance Component: $50,000.00
Regulatory Citation Emergency Shelter: 24 CFR 576.102
Regulatory Citation Homeless Prevention: 24 CFR 576.103
Regulatory Citation Rapid Re-Housing Assistance: 24 CFR 576.104
Component Requirements:
Emergency Shelter
Agency will maintain documentation that 100% of clients served are homeless and are residing
at the shelter_
Homeless Prevention
Agency will maintain documentation that 100% of clients served are at risk of homelessness as
defined by HUD AND that the client's household has annual income at or below 30% of AMI,
and that the client lacks sufficient resources and support networks to retain housing. Agency will
also maintain documentation on eligibility for the housing unit for which financial assistance is
provided, including rental amounts and compliance with ESG Minimum Habitability Standards.
Rapid Re-Housing Assistance
Agency will maintain documentation that 100% of clients served meet the criteria under
paragraph (1) of the homeless definition in 24 CFR 576.2 or meet the criteria in paragraph (4) of
the homeless definition and live in an emergency shelter or other place described in paragraph
(1) of the homeless definition. Agency will also maintain documentation on eligibility for the
housing unit for which financial assistance is provided, including rental amounts and compliance
with ESG Minimum Habitability Standards.
PROGRAM GOALS:
Homeless Prevention Minimum Number of Fort Worth Clients to be Served: The Program
must serve a minimum of 155 Unduplicated Clients from Fort Worth as shown by the monthly
reports on Attachment III.
Rapid Re-Housing Assistance Minimum Number of Fort Worth Clients to be Served: The
Program must serve a minimum of 23 Unduplicated Clients from Fort Worth as shown by the
monthly reports on Attachment III.
Emergency Shelter Minimum Number of Fort Worth Clients to be Served: The Program
must serve a minimum of 500 Unduplicated Clients from Fort Worth as shown by the monthly
reports on Attachment III.
ESG PSA CONTRACT 2018-2019—EXHIBIT"X'—PROGRAM SUMMARY Page 2
The Salvation Army,a Georgia Corporation
EXHIBIT "A-V
2018 HUD INCOME LIMITS
2018 Median Family Ineorne-Fort Worth/Arlington, TX*
1 Person 2 Persons 1 3 Persons 4 Persons 5 Persons 16 Persons 7 Persons 8 Persons
30%AMI $15,800 $18,050 $20,300 $22,550 $24,400 $26,200 $28,000 $29,800
50%AMI $26,350 $30,100 $33,850 $37,600 $40,650 $43,650 $46,650 $49,650
80%AMI $42,150 $48,150 $54,150 $60,150 $65,000 $69,800 $74,600 $79,400
*Income limits are published at least annually by HIJD.
ESG PSA CONTRACT 2018-2019--EXHIBIT"A-1"—2018 HUD INCOME LIMITS Page 1
The Salvation Army,a Georgia Corporation
EXHIBIT"B"-BUDGET
lLeco enr Grnh{Rnij�gt I A I fi [' Total
FM GENCY 51IELTEit
ESSENTIAL SERVICES
Salaries 1001 $ 36,750.00 $ 185,211.00 $ 221,961.00
FICA 1002 $ 2,586.00 $ 14,169.00 $ 16,755.00
Life/DisabilityInsurance 1003 $ 1,135.00 $ 1,135.00
Health/DentalInsurance 1004 $ 5,664.00 $ 67,968.00 $ 73,632.00
Unemployment-State 1005
Worker's Compensation 1006 $ 8,536.00 $ 8,536.00
Office/Printing Supplies 1007 $ 6,403.00 $ 6,403.00
Food Supplies 1008
Insurance 1009 $ 15,031.00 $ 15,031.00
Accounting 1010 $ 3,401.00 $ 3,401.00
Contract Labor Security(City needs copy of
contract before expenses can be reimbursed) 1011 $ 364,021.00 $ 364,021.00
Retirement 1012 77 $ I3,602.00 i$ 13,602.00
SHELTER OPERATIONS
Maintenance 2001 $ 8,200.00 $ 8,200.00
Security 2002 $ 205,130.00 $ 205,130.00
Insurance 2003 $ 5,300.00 $ 5,300.00
Utilities 2004 $ 55,302.00 $ 55,302.00
Supplies 2005 $ 5,000.00 S 26,302.00 $ 31,302.00
Repairs 2006
Othero 2007
SUBTOTAL EMERGENCY SHELTER $ 45,000.00 $ 5,400.00 $ 979,711.00 $ 1,029,711.00
Hb1I81 r.MAILAT10A1it 1,%q
PREVENTION
Salaries 3001 $ 25,132.00 S 20,000.00 $ 64,032.00 $ 109,164.00
FICA 3002 $ 1,925.00 $ 4,899.00 $ 6,824.00
Life/DisabilityInsurance 3003 $ 92.00 $ 92.00
Health/DcntalInsurance 3004 $ 7,943.00 $ 19,114.00 $ 27,057.00
Unemployment-State 3005
Worker's Compensation 3006
Othero 3007
REHOUSING
Salaries 4001 $ 78,618.00 S 78,618.00
FICA 4002
Life/Disability Insurance 4003
Heallh/DentalInsurance 4004 $ 28,034.00 $ 28,034.00
Unemployment-State 4005
Worker's Compensation 4006
Other 0 4007
SUBTOTAL HR&S I S 35,000.00 $ 106,652.00 $ 20,000.00 $ 88,137.00 S 249,789.00
PANAtiCLALASS]til'A CE
PREVENTION
Rental Assistance 5001 $ 120,000.00 $ 27,500.00 $ 51,105.00 $' 198,605.00
Utility Payments 5002
REHOUSING
Rental Assistance 6001 $ 45,000.00 $ 75,000.00 $ 109,000.00 $ 229,000.00
Security Deposits 6002 $ 5,000.00 $ 5,000,00
Utility Deposits 6003
Utility Payments 6004
Moving Costs 6005
Motel/Hotel Vouchers 6006
SUBTOTAL FINANCIAL ASSISTANCE 1 170,000.00 $ 142,500.00 S 160,105.00 $ 432,605.00
E10NIELE 9K-IANAGE79Eh'1 tfFQRMATIDN'AYATEI3.IEMUS)
HMIS Software Costs 7001
SUBTOTAL HMIS
BUDGET TOTAL $ 250,000.00 $ 111,652.00 $ 122,500.00 3 1,227,953.00 S I,712,105.00
FUNDING A:Directions Home
FUNDING B:TDHCA ESG
FUNDING C:Unrestricted General Donations
ESG PSA CONTRACT 2018-2019-EXHIBIT'B"-BUDGET
The Salvation Army,a Georgia Corporation Page l
The following tables were created for the purpose of preparing, negotiating, and determining the cost
reasonableness and cost allocation method used by the Agency for the line item budget represented on
the first page of this EXHIBIT "B"—Budget. The information reflected in the tables is to be
considered part of the terms and conditions of the Contract. Agency must have prior written approval
by the City to make changes to any line item in the Budget as outlined in Section 5.2.2 in the
Contract. The deadline to make changes to EXHIBIT "B"—Budget is July 31, 2019.
SALARY DETAIL
Est. Percent to Amount to
Position Title Annual Salary Grant Grant
Homeless Prevention Case Management
Specialist $ 35,841.00 70.1% $ 25,132.00
Emergency Services Case Worker $ 36,750.00 100.0% $ 36,750.00
TOTAL 1 $ 72,591.00 1 85.2%1 $ 61,882.00
FRINGE DETAIL
Percent of Est. Percent to Amount to
Payroll Amount Grant Grant
FICA 7.65% $ 23,579.00 19.1% $ 4,511.00
Life/Disability Insurance $ 1,227.00
FIealth/DentalInsurance $ 128,723.00 10.6% $ 13,607.00
Unemployment--State
Worker's Compensation $ 8,536.00
Retirement $ 13,602.00
TOTAL 1 $ 175,667.00 1 10.3%1 $ 18,118.00
SUPPLIES AND SERVICES
Est. Percent to Amount to
Total Budget Grant Grant
Office Supplies $ 6,403.00
Food Supplies
TOTAL $ 6,403.00
MISCELLANEOUS
Est. Percent to Amount to
Total Budget Grant Grant
Insurance $ 15,031.00
Accounting $ 3,401.00
Contract Labor(Security) $ 364,021.00
Other()
TOTAL
ESG PSA CONTRACT 2018-2019-EXHIBIT 'B" -BUDGET
The Salvation Army,a Georgia Corporation Page 2
SHELTER OPERATIONS
Est. Percent to Amount to
Total Budget Grant Grant
Maintenance $ 8,200.00
Security $ 205,130.00
Insurance $ 5,300.00
Utilities $ 55,302.00
Supplies $ 31,302.00
Repairs
Othero
TOTAL $ 305,234.00
FINANCIAL ASSISTANCE
Est. Percent to Amount to
Total Budget Grant Grant
Rental Assistance $ 427,605.00 38.6% $ 165,000.00
Security Deposits $ 5,000.00 100.0% $ 5,000.00
Utility Payments
Utility Deposits
Moving Costs
Motel/Hotel Vouchers
TOTAL $ 432,605.00 39.3%1 S 170,000.00
HMIS
Est. Percent to Amount to
Total Budget Grant Grant
HMIS Software Costs
TOTAL
ESG PSA CONTRACT 2018-2019-EXHIBIT"B" -BUDGET
The Salvation Army,a Georgia Corporation Page 3
EXHIBIT "C"
AUDIT CERTIFICATION FORM
ESG PSA CONTRACT 2015-2019–EXHIBIT"C"—AUDIT CERTIFICATION FORM 1
The Salvation Army,a Georgia Corporation
AUDIT CERTIFICATION FORM AND AUDIT REQUIREMENTS
Agency: The Salvation Army, a Georgia Corporation
Fiscal Year Ending: September 30, 2019
❑ During the fiscal year in which fiends will be received,we will exceed the federal expenditure
threshold of$750,000. We will have our Single Audit or Program Specific Audit completed
and will submit the audit report described in 2 CFR Part 200 within 7 months after the end
of the audited fiscal year or 30 days within its completion, whichever is the earlier date.
❑ During the fiscal year in which funds will be received,we will not exceed the$750,000 federal
expenditure threshold required for a Single Audit or a Program Specific Audit to be performed
this fiscal year. (Fill out schedule below)
li ederaI Exp eniditure Disclosure
MUST be filled oul if Sin e Audit or Program Audit is N01' required,
Pass Through Pmgrata Dame &e Contract
Federal Grantor Grantor CFDA Numl3er Number l�xpe�ld�t<�res
Total Federal Expenditures for this Fiscal Year:
Signatory and Title Date
Failure to submit this or a similar statement or failure to submit a completed single audit package
as described in the federally required audit requirements described in 2 CFR Part 200, as
applicable,by the required due date may result in suspension of funding and may affect eligibility
for future funding. Notwithstanding the above, this certification acknowledges the agency's
commitment to meet all other financial reporting, financial statements, and other audit
requirements as may be set forth in the Contract.
ESG PSA CONTRACT 2018-201.9–EXHIBIT"C"—AUDIT CERTIFICATION FORM 2
The Salvation Army,a Georgia Corporation
EXHIBIT "D"
REPORTING FORMS
ESG PSA CONTRACT 2018-2019—EXHIBIT"D"—REPORTING FORMS Page I
The Salvation Army,a Georgia Corporation
ATTACHMENT
Invoice
Attachment I
INVOICE
Agency:
Address:
City, State, Zip:
Program:
Period of Service:
Tax ID No.
P.O. No.
FID No.
Program
.txio Ott
This Invinice Cumulative to Mite
ESG PSA CONTRACT 2015-2019—EXHIBIT"D"—REPORTTNG FORMS Page 2
The Salvation Army,a Georgia Corporation
ATTACHMENT Ir
Expenditure Worksheet
ATTACHMENT II
City of Fort Worth _
Neighborhood Services Department
Expenditure Worksheet
Agency: - -
Pmgrara - -- -
O.lykighlightcdcades caa h0 reimfurscd
Fieri. rw lik0 account codes.
A tcaesr
Lic ❑IA-f5r_ Ps!t"e Linn Nm
din. atn .Nu. Delp r u 15r*r+p316nfJA'rJllc' _YL lir MUNI Ammnf' ArCW i
l FROMAhl P73tiPY NKK,
2 _ Salaries 1001
3 _ FICA 1002
4 Iif,/D sability Insurance 1003
5 _ Realih/Dentel Insurance 1004
6 _ Une to menlStale ions
7 Workers 03 .118.[10. 1006
a R.t l 1007
s —
10 office/program supplies 2001
11 _ Pastae 2002
12 Printing 2003
13 othem 2904
14b1WGrF1LVFi'(liL
15 Cmiract Labor 3001
16 Food Su lies 3002
17 _ Teaching Aids 3003
I8 _ Craft Supplies 3004
19 Field Trierases 3005
20 Mk.g. 3006
21 _ Othero 3007
22 Olhero 3008
23 _ _VA_`.(�:_Ifil i►T110 _I.7_F_SFX`
?4 Tcic hnne 4001
25 Flecnic 4002
26 Cas 4003
27 _ Water and Wastewater 4004
28 _ S.Ud Waste Dis .sal 4005
29 Rent 4006
30 Cleami. Supplies 4007
31 _ Othe 4008
32 tE?UT FiRAWC"I,+4hlDPhMAN GE
33 Fidelity Bond or Equivalent 500E
34 Directors and Ofticen: 5902
35 _ General Commercial Liability 5(11).3
36 37 Othe 5004
-- .-. 1, .. y_,
38 Othero 6001
39 _
40
41
42 - -- - - -- - - - -
43
44
45
46
4-1
48
49
50
51
52
53
54
55
56
57
58
59
60
TotalSn.00
"For Salaries,state ertployee's title unde Descriplionl3ob Title.Real most identify tenant
ESG PSA CONTRACT 2018-2019----EXHIBIT"D"—REPORTING FORMS Page 3
The Salvation Army,a Georgia Corporation
ATTACHMENT III exercise
Client Data Report
Agmy.
Proem
hiwAk
Y ay�� �7Yrl:M�way r•�IR4ix!w+' .1_�i����la.w i ...iFl �� ��a.4--.-.t..��F���..��� tMury.l., r.Yr.r.iy �f���++
JY W LLi IYIIHwIY;_ im+.uyu�u...�ugs r.n�..mee.
�r
yip ilii �yG h5k
Mi�il wf_nl fA.`4a rti�l�l��l W.
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q
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u
ESG PSA CONTRACT 2018-2019—EXHIBIT"D;'—REPORTING FORMS Page 4
The Salvation Army,a Georgia Corporation
EXHIBIT "E"
INCOME CERTIFICATION FORMS
ESG PSA CONTRACT 2018-2019--EXHIBIT"E"--INCOME CERTIFICATION FORM
The Salvation Army,a Georgia Corporation Page I
City of Fort Worth
CERTIFICATION OF INCOME STATEMENT
Applicant Name:
Current Address: Phone#:
City and Zip:
Household Members and Income
(including applicant)
Last Name First Name Age Monthly Source of Income
Income$$
TOTAL NUMBER OF.FAMILY MEMBERS (Include Yourself,Spouse,Children,etc.)
Total Gross Annual Household Income:
PERSONAL INFORMATION:(Check one in each item. This Information is Required for Federal Reporting Purposes)
a. ❑MALE b. ❑WHITE ❑BLACK/AFRICAN AMERICAN ❑BLACK/AFRICAN AMERICAN&WRITE
❑FEMALE ❑AMERICAN INDIAN/ALASKAN NATIVE ❑ASIAN
❑AMERICAN INDIAN/ALASKAN NATIVE&WHITE ❑ASIAN&WHITE
❑NATIVE HAWAIIAN/OTIIER PACIFIC ISLANDER ❑BALANCE/OTHER
❑AMERICAN INDIAN/ALASKAN NATIVE&BLACK/AFRICAN AMERICAN
c. ETFINICITY d_ DISABLED e. IS HEAD OF HOUSEHOLD FEMALE?
❑HISPANIC ❑'YES ❑YES
❑NON-HISPANIC ❑NO ❑NO
Certification: I certify that the information I am providing is true and could be subject to verification at any
time by a third party. I also acknowledge that the provision of false information could leave me subject to the
penalties of Federal, State and local law.
Signature of Applicant Date
WARNING: TITLE 1$,SECTION 1001 OF THE U.S.CODE STATES THAT A PERSON IS GUILTY OF A FELONY
FOR KNOWINGLY AND WILLINGLY MAKING FALSE OR FRAUDULENT STATEMENTS TO ANY DEPARTMENT OF
THE UNITED STATES GOVERNMENT.
-----------------For use by A envy staff only-----------------
Household Size: Gross Annual Income:
Applicable Income Limit: Is Applicant Eligible?
Check if Applicant refused to provide demographic information: ❑
Staff Assessment of Demographics:
Person Making Determination: Date:
NOTE: Address, income amounts and sources for ALL household members are required
Ciudad de Fort Worth
ESG PSA CONTRACT 2018-2019--EXHIBIT"E"--INCOME CERTIFICATION FORM
The Salvation Arany,a Georgia Corporation Page 2
CERTIIFICACI®N DE DECLARACON DE INGRESOS
Nombre del Solicitante:
Direction de Actllalidad: Telefono:
Ciudad y Codigo Postal:
Miembros Del Hogar e Ingresos
(Incluyendo el/la Solicitante)
Apellido Nombre Edad Ingreso Origen de Ingresos
Mensual
*TOTAL NUMERO DE MIEMBROS DEL HOGAR (Incluyase Usted.)
Total Anual de Ingresos del hogar:
**INFORMACION PERSONAL:(Selection uno en cada articulo. Esta in€onnacidn es requerida por el Gobierno federal.)
a. ❑MASCULINO b.❑BLANCO ❑NEGRO/AFRICANO AMERICANO ❑NEGRO/AFRICANO AMERICANO&BLANCO
❑FEMININO ❑INDIO AMERICANO/NATIVO DE ALASKA ❑ASIATICO
❑INDIO AMERICANO/NATIVO DE ALASKA&BLANCO ❑ASIATICO&BLANCO
❑NATIVO HAWAIANO/OTRO DE LAS ISLAS PACIFICAS ❑BALANCE/OTRO
❑INDIO AMERICANO/NATIVO DE ALASKA&NEGRO/AFRICANO AMERICANO
c. ETHNICIDAD d. INCAPACITADO e_ LES LA CABEZA DEL HOGAR MUJER?
❑HISPANO ❑SI ❑SI
❑NO-HISPANO ❑NO ❑NO
Cerkificacion: Yo certifico que la information que yo estoy proporcionando es verdadera y puedo ser sujeto a
verification a cualquiera Mora por tercera parte. Yo tambien reconozco que la provision de information falsa
puede dejarme sujeto apenalidades Federales,Estatales, y a ley local.
Firma del Solicitante Fecha
ADVERTENCIA: TITULO 18,SECCION 1001 DEL CODIGO DE LOS ESTADOS UNIDOS INDICA QUE UNA
PERSONA ES CULPABLE DE UN DELITO POR SABER Y VOLUNTARIAMENTE RACER DECLARACIONES FALSOS O
FRAUDULENTA.S A CUALQUIER DEPARTAMENTO DE GOBIERNO DE LOS ESTADOS UNIDOS.
---------------Para use de empleados de la a encia-----------------
#De Miembros de Familia: Ingreso Anual:
Limite de Ingreso: 4Es Solicitante elegible?
Compruebe si el Solicitante se nego a dar su information personal: ❑
Evaluation del empleado sobre information personal:
Persona haciendo la determination: Fecha:
Note: La direction de la Casa y los ingresos(y sus origenes) para todos miembros del hogar son requeridos
ESG PSA CONTRACT 2018-2019--EXHIBIT"E"--INCOME CERTIFICATION FORM
The Salvation Army,a Georgia Corporation Page 3
EXHIBIT "F"
STANDARDS OF DOCUMENTATION
ESG PSA CONTRACT 201.5-2019--EXHIBIT"F"--STANDARDS OF DOCUMENTATION Page I
The Salvation Army,a Georgia Corporation
2018-2019 Documentation Standards for
ESG Public Service Contract Expenses
Fmufoyww Safahor RrHi Rnn r.Fts-City Will gr4y I ellrliburse d penconlag a aF any 1pmpfo`JwE'm satpty And L}crren{_Li Vitro work drrettly with the ESG tunded Prodrarn_ Perc cniages
WIN M-C lsst dEletated erFd deleimrnlyd prior tG Ihw ciivwrd Intl rt[the E SG Cnrltrect, Ageaclits requeating the rnlrvhuraamarrt of 1 QD';.QF any Agrnty elnpfoyee wikl reyuld c W I D I I
Glty apprpwal. Agi noios nnitf shoW rulcuialFda on how 1158 ESG porkn Af otnplwyoo r;ihrlem rkrLd 4eri2flLt ward eaItLdmti-41 COrrfastentlywttln thB ESG CGM[raol
If an employee works on both a ESG eligible and non-ESG eligible program(s),the City will only reimburse fare reasonable portion of
the employee's salary. Prior to the execution of the ESG Con[mct,the Agency will priovide the City with a written statement on how
each employee*s time wilf be allocated. If an employee works 100%of their time directly with the ESG funded Program,then 100%of
the employee's salary maybe eligible for reimbursement. Agency must submit a written statement that 100%of the employee's time is
spent working directly with the ESG-funded Program. Statements must be signed by a person authorized to sign on behalf of the
Agency and will be submitted with the October invoice.
Salaries X x• Reimbursement requests must Include a timesheet and work log that reflects the hours worked by the employees)working directly an
the ESG funded Program. For employees who are paid with multiple funding sources,timesheets must reflect all funding sources. If
separate timesheets are kept for each funding source,all such timesheets must he submitted to City. Timesheets must be signed by
employee and supervisor. Agency must show a calculation and documentation of how the employee's salary was calculated and
invoiced to City.
*rf employees are paid by direct deposit rather than check,then the agency must submit both the direct deposit payment company's
report(such as an ADT report)and a bank statement or check showing payment to the direct deposit company.
FICAIWdicare X X X
Life Insurance X X X
Health x xx If the City pays gross salary,this is already included.If the City pays the employer portion,the Agency must provide proof that the
Insurance employee is enrolled in the benefit plan,must show a calculation and documentation of haw the invoiced amount was calculated,and
Disability X X x must provide documentation showing payment.Invoice and proof of payment are only required with the first reimbursement request and
Insurance at any time there are changes to amounts,enrollments,disenrollments,etc.
Unemployment X X X
Insurance
ff the City pays gross salary,this is already included.If the City pays the employer portion,the Agency must provide proof that the
Retirement X X X employee is enrolled in the benefit plan,must show a calculation and documentation of how the invoiced amount was calculated,and
must provide documentation showing payment.Invoice and proof of payment are only required with the first reimbursement request and
_ at any time there are changes to amounts,enrollments,disenrallments,etc- _
0.1EWAR115,Eq1IJlp4Tse0il,t3G4clm"d 51.1 pphds-Cltif will Wyly ratmhUrao far rhe cost fibocAled peraerf or Brnou nt spent In support of thn ESGdundad RmEri m, Aga nclas
raq,mealleg ralmburbemont For t"GD itoms wid require prior Glyapproval. Aponcies mux#Shaw cdsgluttcrl 4n h*w the Ese pornoo of Ilresa expenses were calculated
eunfilgt*ntly wl l h thz t5G Contrutt
Office Supplies X X X
Office
Equipment X X X X X
Rental
Postage X X X
Printing X X X
Construction&
Building X X X X This category is only available for the REACH Program and Habitat for Humanity.
Materials
Sport and
Recreation X X X
Equipment
Cleaning X X X
supplies
Teaching Aids X X X
Craft Supplies X X X
Food Supplies X X X This category is only available to the Program provided by Meals on Wheels.
Rant, tldlll I45 Bnd Rlialrtfyn lTl41`->GtrY WO{I trtly pay ttFr a porsion of Ihvi 4 pypansp s, The IfQf1Id{Y of tl teae lxQ�It9Ea [i t1f dBcaradned by IMF s quiTM f0 atagn iniatwitplo 14
the -rwnoi*d Program ardt 9sMlll be cast alfa catad Ln atcardiinCh wllli tba amouirll Uf space used Far thu ESG-firrFdad Program- T1103im dxpehma JoBy 8rrly be Irl sUppOrt Of
IhL-E50dunded Praglram. The tier$MI7It&d helnw require prior City npprvvAl And the Agency hi requtrod to lfnntity any tundtrJg sous ce that pays for Iha poroun of thw
o1sporl*n t}tpl ra rtnt p8ed wtlh FSG Funds. Ay4rrGf4f mwat show Cd1tulatlan an hmv the ESG porllon of thimi;mxp Fww k 5ytrd c1FICuIAJ&d udMR1&kently wIt15 the ESC,C0MMOL
Telephone 1XX
Gas X X
WaterlWastew X X
Ater
Electric XT
Solid Waste X X
ESG PSA CONTRACT 2018-2019 E3diibn"F"--STANDARDS FOR COMPLETE DOCUMENTATION F
Facility This item requires approval by the City prior to the execution of the ESG Contract. Repairs may be categorized as major/minor
Maintenance X X X X rehabilitation projects and must be approved through the full HUD Environmetal Review.
and Repairs
Ren[ X X X City will pay for a portion of the rent for the Program facility so long as its in proportion to the square footage attributable to the ESG-
funded program.
eglic rllaneoln --- —This item requires prior approval by the City. Prior to the execution of the ESG Contract,the Agency must submit a written statement
that lists the contract labor services to be used during the Contract term. Agency will submit a memo related to the procurement of such
Contract Labor X X IX X X services and will forward any information pertaining to the procurement process to City. This requirement applies to,but is not limited to,
services retained for security services,legal,accounting,transportation providers,educational facilitators,custodial services,etc.
Agencies may not use the contract services of any City of Fort Worth Department.
City-required X X City will only pay for a percentage of the City-required insurance so long as it's in proportion to the square footage attributable to the
Insurance ESG-funded program.
City requires that the agency submit its fee schedule or formula on how the Agency calculates the childcare scholarship amount. The
fee schedulelformula should demonstrate a breakout of income levels,and for each income level the schedule should demonstrate
Childcare X X which portion of the expense is to be paid by the family and which portion of the expense is to be reimbursed by the City. A fee
Scholarships schedule/formula must be submitted to the City prior to the first payment. Agency must submit documentation supporting that the client
is income eligible and that the household is being charged in conformance with the fee schedule- If the fee schedulelformula changes at
any time during the contract term,the Agency must immediately notify City on the date the new fee schedulefformula takes into effect.
"$0"Income Agecies that are required to verify and provide proof of household income to determine eligibility,must require that anyone who is over
Certifications the age of 18,living in the household,submit a$0 Income Certification.
If an audit is required because federal funds exceed$750,000,then the cost should be split evenly by all grant funding sources. Agency
Audit Services X X X X must show calculation on how the ESG portion of the accounting services were calculated. For example,if the ESG grant is 10%of
your Agency's budgetr then invoice shall not exceed 10%of the overall cost. Agency must show a calculation and documentation of
how the invoiced amount was calculated,and must provide documentation showing payment.
*Proof of payment effective October 1,2013: payments or Expenses must be documented in the following manner:
A)Image of the check AND bank statement showing the check cleared the bank;OR,
B)Image of the cancelled check(ex.At and of bank statement);OR,
C)Payroll Check Stub,"Advice",or Statement AND Bank Statement indicating payroll;OR,
D)For wire or e-transfers:Reciept or statement from payeelvendor OR bank statement.
Frnar as of 09l1Gl16}T OC
ESG PSA CONTRACT 20IB-2019 E#iihR"F'--STANDARDS FOR COMPLETF uOMMENTATION 1
EXHIBIT "G"
SECTION 3 REPORTING FORMS
NOT APPLICABLE
ESG PSA CONTRACT 2018-2019--EXHIBIT"G"--SECTION 3 REPORTING FORMS Page I
The Salvation Army,a Georgia Corporation
EXHIBIT "H"
MATCH REPORT
ESG PSA CONTRACT 2018-2019--EXHIBIT"H"-MATCH REPORT 1
THE SALVATION ARMY,A GEORGIA CORPORATION
CITY OF FORT WORTH
NEIGHBORHOOD SERVICES DEPARTMENT
EMERGENCY SOLUTIONS GRANT
This attachment is designed to document proposed sources and to assess compliance with the
required Emergency Shelter Grant(ESG)match portion at 24 CFR 576.51. ESG funds are matched
dollar-for-dollar for each program year allocation.
City of Fort Worth ESG Funds $ Agency ESG Match $
1. SOURCES OF LOCAL MATCH:
Other Federal (including pass-through funds, e.g., City CDLG, County FEMA, etc.)
MATCH SOURCE MATCH AMOUNT
$
TOTAL MATCH $
2. STATEILOCAL GOVERNMENT FUNDING: (e.g., State Housing Trust Funds,Local
Assessment,etc.)
MATCH SOURCE MATCH AMOUNT
TOTAL MATCH $
3.PRIVATE (including recipient) FUNDING:
MATCH SOURCE MATCH$AMOUNT
Fund Raising/Cash $
Loans $
Building Value or Lease $
Donated Goods $
ESG PSA CONTRACT 2018-2019--EXHIBIT"H"—MATCH REPORT 2
THE SALVA'T'ION ARMY,A GEORGIA CORPORATION
Donated Computers $
New Staff Salaries $
Volunteers($Slhr) $
Volunteer Medical/Legal $
TOTAL MATCH $
Comments:
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 submitted by a non-profit agency,has been approved by the governing
body of the organization prior to submission.The match funds identified in this report are not included as contribution for
any other federally assisted project or program as required by 24 CFR 84.23(it)(2)
Date: Submitted by: Phone Number:
ESG PSA CONTRACT 2018-2019--EXHIBIT"H"---MATCH REPORT 3
THE SALVA'T'ION ARMY,A GEORGIA CORPORATION
EXHIBIT "I"
ESG STAFF CERTIFICATION FORM
ESG PSA CONTRACT 2018-2019—EXHIBIT"P'—ESG STAFF CERTIFICATION FORM Page I
The Salvation Army,a Georgia Corporation
City of Fort Worth
STAFF CERTIFICATION OF ELIGIBILITY FOR ESG FINANCIAL ASSISTANCE
Instructions:In order for City to approve reimbursement for any client,agency must submit:(1)client documentation of income(source documentation or self-
certification),
elfcertification);(2)documentation of homelessness;(3)copy of lease;and(4)this completed form.(1)-(4)must be submitted upon initial reimbursement request for
assistance for each client.
HOMELESS PREVENTION ONLY:(l)-(4)upon agency request for reimbursement for the 4"month of rent for a client(excluding arrears).
1. General Information
Head of Household Name: Age:
Names of Other Household Members: Age:
Age:
Age:
Age:
Age:
Household Income is less than 30%AMI? Yes❑ No❑ NIA(Rapid Rehousing Initial Evaluation Only)❑
Client Lacks Resources/Support Networks? Yes❑ No❑
Type(s)of ESG Financial Assistance: Rent❑ Rent Arrears❑ Utility❑ Deposit(s)❑
Unit Address(must be in City of Fort Worth):
2. Other ESG Requirements
Lease in agency file? Yes❑ No❑
Client receives NO other rental subsidy(ie.Housing Choice Voucher)? Yes❑ No❑
Rental Assistance Agreement between landlord and agency in agency file? Yes❑ No❑
Unit Number of Bedrooms:
Fair Market Rent(FMR)&Rent Reasonableness: Area FMR Limit(as published by HUD):
Unit Rent per lease:
Unit meets Habitability Standards? Yes❑ No ❑ Date of Inspection:
3.Lead-Safe Housin
Applicable when(1)providing ESG rental assistance for more than 3 months excluding arrears,(2)pre-1978 housing unit,AND(3)child under 6 in household.
Not AppliQW(l' ❑
Number of Months Rental Assistance Provided(excluding arrears):
Year Housing Unit Built: Visual Inspection Indicates Unit and Property Free of Deteriorated Paint?
Yes❑ No❑
Name of Visual Assessor*:
*For named,agency must have on fele a certificate of completion of HUD's Visual Assessment Course(litip://www.liud.guvloffices/lead/trainiii -,Jsualassessmentfh00100.cfm)
Required certifications:Each person signing below certifies to the following:(1)To the best of my knowledge,the program participant named above meets all requirements
to receive assistance under the Emergency Solutions Grant(ESG). (2)To the best of my knowledge and ability, all of the information used in making this eligibility
determination is true and complete.(3)I am not related to the program participant through family,business or other personal ties.(4)To the best of my knowledge,neither I
nor anyone related to me has received or will receive any financial benefit for this eligibility determination.(5)1 understand that fraud is investigated by the Department of
Housing and Urban Development,Office of inspector General,and may be punished under Federal laws to include,but not limited to,18 U.S.C.1001 and 18 U.S.C.641(6)
1 understand that if any of these certifications is found to be false,I will be subject to criminal,civil and administrative penalties and sanctions.
FSG Staff Signature: Date:
ESG Supervisor Signature: Date:
ESG PSA CONTRACT 2018-2019—EXHL31T'T'--ESG STAFF CERTIFICATION FORM Page 2
The Salvation Army,a Georgia Corporation
EXHIBIT "J"
ESG PERFORMANCE STANDARDS
Emergency Solutions Grant Performance Standards
Activity OutputMutcome Data Collection
--
Required
Street Number of Persons: Pulled From:
Outreach A. Total Unduplicated Served A. CAPER Q7a
B. Total Unduplicated Engaged B. CAPER Q9b
Of those receiving Case Management, Pulled From:
Number of Persons: A. CAPER
A. Those placed in temporary housing destinations Q23a&b
B. Those placed in permanent housing destinations B. CAPER
Q23a&b
Emergency Number of Persons: Pulled From:
Shelter A. Total Unduplicated Served A. CAPER Q7a
Operations
Of those receiving Case Management, Pulled From:
Number of Persons: A. CAPER
A. Those exiting Emergency Shelter to temporary or Q23a&b
permanent housing destinations B. CAPER Q20a
B. Those who have non-cash benefits at exit
Homeless Number of Persons: Pulled From:
Prevention A. Total Unduplicated Served A. CAPER Q7a
Of those receiving Case Management, Pulled From:
Number of Persons: A. CAPER
A. Those able to maintain housing at exit Q23a&b
B. Those who have non-cash benefits at exit B. CAPER Q20a
Rapid Re- Number of persons: Pulled From:
Housing A. Total Unduplicated Served A. CAPER Q7a
Of those receiving Case Management, Pulled From:
Number of Persons: A. CAPER
A. Those who exited to or maintained permanent housing Q23a&b
at exit B. CAPER Q20a
B. Those who have noncash benefits at exit C. APR Q19a3
C. Those who have more cash income at exit
Coordinated A. 100% of Rapid Re-Housing enrollments coxae from Pulled From:
Entry Coordinated Entry System A. HMIS Report
System: B. 90% of Coordinated Entry System referrals must be B. HMIS Report
Proposed accepted by housing providers C. CAPER Q22c
Future C. The average length of time between referral to lease up
Measure is less than 60 days
In order to successfully record performance outcomes, the CoC system requires that once
a household is enrolled in an ESG program,non-domestic violence agencies must complete
an initial HUD Intake Assessment within the HMIS system(ETO),the HUD Mid-Program
ESG PSA CONTRACT 2018-2019--EXHIBIT"J"—ESG PERFORMANCE STANDARDS 1
The Salvation Army,a Georgia Corporation
Assessment, and the HUD Exit Assessment upon program exit.Performance outcomes will
be reported to the City using the HMIS generated ESG reports.
Domestic Violence Organizations will provide the same data utilizing their similar data
systems.
Reassessments are required for program participants receiving homelessness prevention
assistance and rapid re-housing assistance. Participants receiving homeless prevention
must be reassessed quarterly; rapid re-housing participants must be reassessed at least
yearly. All participants must receive an exit assessment and enter it into HMIS or a
comparable-level database.
ESG PSA CONTRACT 2018-2019--EXHIBIT"7"—ESG PERFORMANCE STANDARDS 2
The Salvation Army,a Georgia Corporation
EXHIBIT "J-1"
Written Standards for ESG Assistance
Individuals and families eligibility. Households receiving either emergency shelter or rapid re-housing
assistance must meet HUD's revised definition of homelessness. Households receiving homelessness
prevention assistance must meet the definition of"at risk of homelessness",have incomes at or below 30%
AMI, and lack sufficient resources and support networks to retain housing. Eligible ESG-assisted
individuals and households must reside in the City of Fort Worth. Individuals receiving rapid re-housing
assistance must be housed to a unit located in the City of Fort Worth. Agencies will conduct initial
evaluation of clients to determine program eligibility, and kind of assistance needed. Agencies will re-
evaluate quarterly the assistance provided to homelessness prevention recipients, and yearly, to rapid re-
housing clients. Re-evaluation will ascertain that: i) annual incomes do not exceed 30% AMI; ii) clients
lack resources and support networks to retain housing without ESG assistance. Annual incomes are
established per 24 CFR 5.609. All clients must receive an exit assessment that will then be entered into
HMIS or comparable database.
Coordination among emergency shelter,homelessness prevention,rapid re-housing,and other homeless
assistance and housing providers To receive ESG funds, an agency has to be an active member of the
Continuum of Care (CoC). The CoC leads the coordination among agencies to assist the homeless and
prevent homelessness.It also engages and coordinates resources to improve current programs and funding
strategies.
Determining and prioritizing homelessness prevention and rapid re-housing assistance.Rapid re housing
and homelessness prevention providers will determine prioritization among eligible clients. This should be
based on a risk assessment. Prioritization should take into account: 1) families with children, and elderly
and disabled persons who do not require permanent supportive housing;and 2)the share of rent and utilities
costs that each client must pay, if any, while receiving homelessness prevention or rapid rehousing
assistance. The City recommends that clients share in rent and utility costs, unless there are reasons for
receiving 100%ESG-assistance.
Duration ofrental assistance. Per§576.103 and§576.104,agencies shall provide clients for no more than
24 months, during any 3-year period with short-term rental assistance, medium-term rental assistance,
payment of rental arrears,or any combination thereof. Shortterm rental assistance is limited to 3 months.
Medium-term rental assistance extends over 3 months but not more than 24 months. Payment of rental
arrears consists of a one-time payment for up to 6 months of rent in arrears,including any late fees on those
arrears.
Type,amount,and duration of housing stabilization andlor relocation assistance. Agencies will establish
standards for the type, amount, and duration of housing stabilization and/or relocation services provided,
acknowledging that services may not extend for more than 24 months within a 3-year period. Housing
relocation and stabilization services include financial assistance (moving costs, rental application fees,
security deposits,last month's rent,utility deposits and utility payments),and services(housing search and
placement, housing stability and case management, mediation, legal services, and credit repair.) The
amount and type of assistance provided shall aim at clients becoming self-sufficient. The City shall have
access to documentation that supports the amount and type of assistance provided.
ESG PSA CONTRACT 2018-2019--EXHIBIT"7-1"—Written Standards for ESG Assistance 1
The Salvation Army,a Georgia Corporation
EXHIBIT "K"
ESG QUARTERLY HMIS REPORT
ESG PSA CONTRACT 2018-2019--EXHIBIT"IC'—ESG QUARTERLY HMIS REPORT Page 1
The Salvation Army,a Georgia Corporation
City of Fort Worth
Emergency Solutions Grant(ESO)
Quarterly HMIS Report
Agency Name: Reporting Period: From
Contact Person: To
This report is meant to collect data that is required for the HUD Consolidated Annual Performance and Evaluation Report
(CAPER). This report is due each quarter, on January 15, April 15,July 15 and September 30 of each Contract year. Please
fill out the report according to your Agency's accomplishments. If a particular activity does not apply to your Agency (for
example, a shelter does not perform homeless prevention) please fill in all zeros for that particular column. This information
should be collected from HMIS and the total number of persons should match comparable figures on the City's Attachment III
Report. if this report does not match the City's Attachment III Report, the Agency may be required to resubmit the report and
provide an explanation for the discrepancy.
Total Persons Served Total Persons 'Total Persons
Homelessness Rapid Ike- Emergency Served This Served
Prevention Housing Shelters Quarter Cumulative
Special Populations Serve&All Activities
Veterans
Victims of Domestic Violence
Elder!
HIV/AIDS
Chronically Homeless
4'4srsons with Dr'sahilities
Severely Mentally III
Chronic Substance Abuse(Drug,
Alcohol
Other Disabilities(Physical,
Developmental)
Total
Nm plow of Persons in t-louseho€d
Adults
Children
Don't Know/Refused/Other
Missing Information
Total
Gender-A31 Activities
Male
Female
Trans ender
Don't KnowlRefusedlOther
Missing Information
Prepared by: D.C.and C.A.
Updated:8/31/2015 Page 1 of 2
Total Persons Served Total Persons Total Persons
Homielgssness Rapid Ike- Emergency Served This Served
Prevention Housing Snelters I Quarter (Curnulative)
Total
Age-All Activities
Under 18
18-24
25 and over
Don't Know/Refused/Other
Missing Information
Total
Shelter d ilizatiori
Number of New Units-
Rehabilitation
Number of New Units-Conversion
Total Number of Bed-Nights
Available*
Total Number of Bed-Nights
Provided"
Perfarmarien Standards
Received Case Management
Exited to transitional or permanent
housing
With higher cash income at exit
With non-cash benefits at exit
Exited to or maintained permanent
housing at exit
Did not enter CoC Shelter or
Transitional Housing during
remainder of ESG year
*The total number of beds that are available in a year. For example, if they are all year-round beds, it would be 365 multiplied by the
number of emergency shelter beds;if some are seasonal as well(e.g., only winter)then add in the number of nights each bed is available.
Count all emergency shelter beds,whether or not they are ESG-funded.
**The number of beds that were filled each night. Count all emergency shelter beds,whether or not they are ESG funded.
Prepared by: D.C.and C.A.
Updated: 8/31/2015 Page 2 of 2
EXHIBIT "L"
MBE REPORTING FORM
ESG PSA CONTRACT 2018-2019--EXHIBIT"L"--MBE REPORTING FORM Page 1
The Salvation Army,a Georgia Corporation
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EXHIBIT"M"
NOTICE OF BENEFICIARY RIGHTS
ESG PSA CONTRACT 2018-2019--EXHIBIT"M"—NOTICE OF BENEFICIARY RIGHTS Page I
The Salvation Army,a Georgia Corporation
Notice of Beneficiary Rights
Name of Agency: The Salvation Army, a Georgia Corporation
Name of Program: Fort Worth Mabee Center-Homelessness Programs
Contact information for Program Staff(name,phone number, and e-mail address, if appropriate):
Because this program is supported in whole or in part by direct Federal financial assistance from
the Federal Government, we are required to let you know that:
• We may not discriminate against you on the basis of religion,religious belief, a refusal
to hold a religious belief, or a refusal to attend or participate in a religious practice;
•We may not require you to attend or participate in any explicitly religious activities that
are offered by us and any participation by you in these activities must be purely
voluntary;
•We must separate,in time or location, any privately funded explicitly religious activities
from activities supported by direct Federal financial assistance;
• If you object to the religious character of our organization, we must make reasonable
efforts to identify and refer you to an alternative provider to which you have no such
objection; and
• You may report an organization's violations of these protections, including any denial of
services or benefits,by contacting or filing a written complaint to HUD [or the
intermediary, if applicable].
We must give you this written notice before you enroll in our program or activity, as required by
24 CFR 5.109.
ESG PSA CONTRACT 2018-2019--EXHIBIT"M"—NOTICE OF BENEFICIARY RIGHTS Page 2
The Salvation Army,a Georgia Corporation
EXHIBIT "N"
WRITTEN STANDARDS FOR MAINTENANCE OF PERSONALLY IDENTIFYING
INFORMATION
ESG PSA CONTRACT 2018-2019—EXHIBIT"N"—WRITTEN STANDARDS FOR MAINTENANCE Pagel
PERSONALLY IDENTIFYING INFORMATION
The Salvation Army,a Georgia Corporation
Written Standards for Maintenance of Client Confidentiality
Personally identifying information. Households receiving assistance under ESG must have
reasonable assurance of confidentiality. All client records, including name, household members,
date of birth, Social Security number, Driver's License Number, and any other identifying
information of any individual or family who applies for and/or receives ESG assistance will be
kept secure and confidential. This includes maintaining client records in a safe, locked file
cabinet, filing area, or office that is not accessible to the general public and with access that is
limited to staff persons providing direct services to the client(s).
Domestic Violence Shelter Locations. The address or location of any domestic violence, dating
violence, sexual assault, or stalking shelter with ESG funds will not published, disclosed or made
public, except with written authorization of the person responsible for the operation of the
shelter.
Domestic Violence Shelter Participants. The address or location of any housing of a program
participant will not be published, disclosed or made public to any individual not providing direct
services to the participant, except as provided under a preexisting privacy policy of the agency
and consistent with state and local laws regarding privacy and obligations of confidentiality.
Federal/Local Government Rights. City,HUD,the HUD Office of Inspector General, and the
Comptroller General of the United States, or any of their authorized representatives, must have
the right of access to all books, documents,papers, or other records of the agency that are
pertinent to the ESG grant, in order to make audits, examinations, excerpts,and transcripts.
These rights of access are not limited to the required retention period but last as long as the
records are retained.
Public Rights. Citizens,public agencies, and other interested parties must have reasonable
access (consistent with state and local laws regarding privacy and obligations of confidentiality
and the confidentiality requirements in this part)to records regarding any uses of ESG funds the
agency received during the preceding 5 years.
Reports. The agency must collect and report data on its use of ESG funds in the Homeless
Management Information System(HMIS)
Compliance. Agency must incorporate into its policies and procedures a process that will
ensure the confidentiality of program participants' identifying information;records pertaining to
any individual or family provided family violence prevention; and treatment services offered
under any project assisted with ESG funds.
Agency Notification.Agency is provided the requirements for maintaining client confidentiality
via (a) annual Technical Assistance Training provided by City of Fort Worth Neighborhood
Services Department staff, (b)Individual Agency Technical Assistance visits (as scheduled), and
(c) annual monitoring visit conducted by City of Fort Worth Neighborhood Services Compliance
&Planning Division staff.
ESG PSA CONTRACT 2018-2019--EXHIBIT"N"—WRITTEN STANDARDS FOR MAINTENANCE Page 2
PERSONALLY IDENTIFYING INFORMATION
The Salvation Army,a Georgia Corporation
Open Records Request. City staff required to comply with open records requests will receive
the requirements for maintaining client confidentiality and comply in accordance with HUD
regulations.
ESG PSA,CONTRACT 2018-2019--EXHIBIT"N"—WRITTEN STANDARDS FOR MAINTENANCE Page 3
PERSONALLY IDENTIFYING INFORMA'T'ION
The Salvation Army,a Georgia Corporation
EXHIBIT "U"
NOTICE OF OCCUPANCY RIGHTS UNDER VAWA
ESG PSA CONTRACT 2018-2019--EXHIBIT"O"—NOTICE OF OCCUPANCY RIGHTS UNDER VAWA
The Salvation Army,a Georgia Corporation Page 1
NOTICE OF OCCUPANCY RIGHTS UNDER U.S.Department of Housing and Urban Development
THE VIOLENCE AGAINST WOMEN ACI' OMB Approval No.2577-0286
Expires 06/30/2017
EXHIBIT"O"
{Insert Name of HousinIZ Provider-1]
Notice of Occupancy Rights under the Violence Against Women A&
To all Tenants and Applicants
The Violence Against Women Act(VAWA)provides protections for victims of domestic
violence, dating violence, sexual assault, or stalking. VAWA protections are not only available
to women, but are available equally to all individuals regardless of sex, gender identity, or sexual
orientation.' The U.S. Department of Housing and Urban Development(HUD) is the Federal
agency that oversees that [insert name of program or rental assistance is in compliance with
VAWA. This notice explains your rights under VAWA. A HUD-approved certification form is
attached to this notice. You can fill out this form to show that you are or have been a victim of
domestic violence, dating violence, sexual assault, or stalking, and that you wish to use your
rights under VAWA."
Protections for Applicants
If you otherwise qualify for assistance under [insert name of program or rental assistance,
you cannot be denied admission or denied assistance because you are or have been a victim of
domestic violence, dating violence, sexual assault, or stalking.
Protections for Tenants
1 The notice uses HP for housing provider but the housing provider should insert its name where HP is used.
HUD's program-specific regulations identify the individual or entity responsible for providing the notice of
occupancy rights.
2 Despite the name of this law,VAWA protection is available regardless of sex,gender identity, or sexual
orientation.
3 Housing providers cannot discriminate on the basis of any protected characteristic,including race,color,national
origin,religion,sex,familial status,disability, or age. HUD-assisted and HUD-insured housing must be made
available to all otherwise eligible individuals regardless of actual or perceived sexual orientation,gender identity,or
marital status.
Form HUD-5380
(12/2016)
2
If you are receiving assistance under [insert name of program or rental assistance, you may
not be denied assistance, terminated from participation, or be evicted from your rental housing
because you are or have been a victim of domestic violence, dating violence, sexual assault, or
stalking.
Also, if you or an affiliated individual of yours is or has been the victim of domestic violence,
dating violence, sexual assault, or stalking by a member of your household or any guest,you
may not be denied rental assistance or occupancy rights under [insert name of program or
rental assistance] solely on the basis of criminal activity directly relating to that domestic
violence, dating violence, sexual assault, or stalking.
Affiliated individual means your spouse,parent, brother, sister, or child, or a person to whom
you stand in the place of a parent or guardian(for example, the affiliated individual is in your
care, custody, or control); or any individual,tenant, or lawful occupant living in your household.
Removing the Abuser or Perpetrator from the Household
HP may divide (bifurcate) your lease in order to evict the individual or terminate the assistance
of the individual who has engaged in criminal activity(the abuser or perpetrator) directly relating
to domestic violence, dating violence, sexual assault, or stalking.
If HP chooses to remove the abuser or perpetrator,HP may not take away the rights of eligible
tenants to the unit or otherwise punish the remaining tenants. If the evicted abuser or perpetrator
was the sole tenant to have established eligibility for assistance under the program,HP must
allow the tenant who is or has been a victim and other household members to remain in the unit
for a period of time, in order to establish eligibility under the program or under another HUD
housing program covered by VAWA, or, find alternative housing.
Form HUD-5380
(1212016)
3
In removing the abuser or perpetrator from the household, HP must follow Federal, State, and
local eviction procedures. In order to divide a lease,HP may,but is not required to, ask you for
documentation or certification of the incidences of domestic violence, dating violence, sexual
assault, or stalking.
Moving to Another Unit
Upon your request, HP may permit you to move to another unit, subject to the availability of
other units, and still keep your assistance. In order to approve a request, HP may ask you to
provide documentation that you are requesting to move because of an incidence of domestic
violence, dating violence, sexual assault, or stalking. If the request is a request for emergency
transfer,the housing provider may ask you to submit a written request or fill out a form where
you certify that you meet the criteria for an emergency transfer under VAWA. The criteria are:
(1) You are a victim of domestic violence, dating violence, sexual assault, or
stalking. If your housing provider does not already have documentation that you
are a victim of domestic violence, dating violence, sexual assault, or stalking, your
housing provider may ask you for such documentation, as described in the
documentation section below.
(2) You expressly request the emergency transfer. Your housing provider may
choose to require that you submit a form, or may accept another written or oral
request.
(3) You reasonably believe you are threatened with imminent harm from
further violence if you remain in your current unit. This means you have a
reason to fear that if you do not receive a transfer you would suffer violence in the
very near future.
Form HUD-5380
(1212016)
4
OR
You are a victim of sexual assault and the assault occurred on the premises
during the 90-calendar-day period before you request a transfer. if you are a
victim of sexual assault, then in addition to qualifying for an emergency transfer
because you reasonably believe you are threatened with imminent harm from
further violence if you remain in your unit, you may qualify for an emergency
transfer if the sexual assault occurred on the premises of the property from which
you are seeking your transfer,and that assault happened within the 90-calendar-day
period before you expressly request the transfer.
HP will keep confidential requests for emergency transfers by victims of domestic violence,
dating violence, sexual assault, or stalking, and the location of any move by such victims and
their families.
HP's emergency transfer plan provides further information on emergency transfers, and HP must
make a copy of its emergency transfer plan available to you if you ask to see it.
Documenting You Are or Have Seen a Victim of Domestic Violence,Dating Violence,
Sexual Assault or Stallcing
HP can, but is not required to, ask you to provide documentation to "certify" that you are or have
been a victim of domestic violence, dating violence, sexual assault, or stalking. Such request
from HP must be in writing, and HP must give you at least 14 business days (Saturdays,
Sundays, and Federal holidays do not count) from the day you receive the request to provide the
documentation. HP may, but does not have to, extend the deadline for the submission of
documentation upon your request.
Form IlUD-5380
(1212016)
5
You can provide one of the following to HP as documentation. It is your choice which of the
following to submit if HP asks you to provide documentation that you are or have been a victim
of domestic violence, dating violence, sexual assault, or stalking.
• A complete HUD-approved certification form given to you by HP with this notice,that
documents an incident of domestic violence, dating violence, sexual assault, or stalking.
The form will ask for your name, the date, time, and location of the incident of domestic
violence, dating violence, sexual assault, or stalking, and a description of the incident.
The certification form provides for including the name of the abuser or perpetrator if the
name of the abuser or perpetrator is known and is safe to provide.
• A record of a Federal, State,tribal, territorial, or local law enforcement agency, court, or
administrative agency that documents the incident of domestic violence, dating violence,
sexual assault, or stalking. Examples of such records include police reports,protective
orders, and restraining orders, among others.
• A statement,which you must sign, along with the signature of an employee, agent, or
volunteer of a victim service provider, an attorney, a medical professional or a mental
health professional (collectively, "professional") from whom you sought assistance in
addressing domestic violence, dating violence, sexual assault, or stalking, or the effects of
abuse, and with the professional selected by you attesting under penalty of perjury that he
or she believes that the incident or incidents of domestic violence, dating violence, sexual
assault, or stalking are grounds for protection.
• Any other statement or evidence that HP has agreed to accept_
If you fail or refuse to provide one of these documents within the 14 business days, HP does not
have to provide you with the protections contained in this notice.
Form HUD-5380
(1212016)
6
If HP receives conflicting evidence that an incident of domestic violence, dating violence, sexual
assault, or stalking has been committed (such as certification forms from two or more members
of a household each claiming to be a victim and naming one or more of the other petitioning
household members as the abuser or perpetrator), HP has the right to request that you provide
third-party documentation within thirty 30 calendar days in order to resolve the conflict. If you
fail or refuse to provide third party documentation where there is conflicting evidence,HP does
not have to provide you with the protections contained in this notice.
Confldentiality
HP must keep confidential any information you provide related to the exercise of your rights
under VAWA, including the fact that you are exercising your rights under VAWA.
HP must not allow any individual administering assistance or other services on behalf of HP (for
example, employees and contractors)to have access to confidential information unless for
reasons that specifically call for these individuals to have access to this information under
applicable Federal, State, or local law.
HP must not enter your information into any shared database or disclose your information to any
other entity or individual. HP, however,may disclose the information provided if:
• You give written permission to HP to release the information on a time limited basis.
• HP needs to use the information in an eviction or termination proceeding, such as to evict
your abuser or perpetrator or terminate your abuser or perpetrator from assistance under
this program.
• A law requires HP or your landlord to release the information.
Form HUD-5380
(1212016)
VAWA does not limit HP's duty to honor court orders about access to or control of the property.
This includes orders issued to protect a victim and orders dividing property among household
members in cases where a family breaks up.
Reasons a Tenant Eligible for Occupancy Rights under VAWA May Be Evicted or
Assistance May Be Terminated
You can be evicted and your assistance can be terminated for serious or repeated lease violations
that are not related to domestic violence, dating violence, sexual assault, or stalking committed
against you. However,HP cannot hold tenants who have been victims of domestic violence,
dating violence, sexual assault, or stalking to a more demanding set of rules than it applies to
tenants who have not been victims of domestic violence, dating violence, sexual assault, or
stalking.
The protections described in this notice might not apply, and you could be evicted and your
assistance terminated, if HP can demonstrate that not evicting you or terminating your assistance
would present a real physical danger that:
1) Would occur within an immediate time frame, and
2) Could result in death or serious bodily harm to other tenants or those who work on the
property.
If HP can demonstrate the above, HP should only terminate your assistance or evict you if there
are no other actions that could be taken to reduce or eliminate the threat.
Other Laws
VAWA does not replace any Federal, State, or local law that provides greater protection for
victims of domestic violence, dating violence, sexual assault, or stalking. You may be entitled to
Form HUD-5380
(1212016)
8
additional housing protections for victims of domestic violence, dating violence, sexual assault,
or stalking under other Federal laws, as well as under State and local laws.
Non-Compliance with The Requirements of This Notice
You may report a covered housing provider's violations of these rights and seek additional
assistance, if needed,by contacting or fling a complaint with [insert contact information for
any intermediary,if applicable] or [insert HUD field office].
For Additional Information
You may view a copy of HUD's final VAWA rule at [insert Federal.Register link].
Additionally, HP must make a copy of HUD's VAWA regulations available to you if you ask to
see them.
For questions regarding VAWA,please contact [insert name of program or rental assistance
contact information able to answer questions on VAWAJ.
For help regarding an abusive relationship,you may call the National Domestic Violence Hotline
at 1-800-799-7233 or, for persons with hearing impairments, 1-800-787-3224 (TTY). You may
also contact [Insert contact information for relevant local organizations].
For tenants who are or have been victims of stalking seeking help may visit the National Center
for Victims of Crime's Stalking Resource Center at https://www.victimsoferime.org/our-
programs/stalking-resource-center.
For help regarding sexual assault, you may contact [Insert contact information for relevant
organizations]
Victims of stalking seeking help may contact [Insert contact information for relevant
organizations].
Attachment: Certification form HUD-5382 [form approved for this program to be included]
Form HUD-5380
(12/2016)
EXHIBIT "P"
VAWA EMERGENCY TRANSFER REQUEST FORM
FSG PSA CONTRACT 2018-2019--EXHIBIT"P"—VAWA EMERGENCY TRANSFER REQUEST FORM
The Salvation Army,a Georgia Corporation Page I
EXHIBIT"P"
CERTIFICATION OF U.S.Department of Housing OMB Approval No.2577-0286
DOMESTIC VIOLENCE, and Urban Development Exp.06/30/2017
DATING VIOLENCE,
SEXUAL ASSAULT, OR STALKING,
AND ALTERNATE DOCUMENTATION
Purpose of Form: The Violence Against Women Act("VAWA")protects applicants,tenants, and
program participants in certain HUD programs from being evicted, denied housing assistance, or
terminated from housing assistance based on acts of domestic violence,dating violence,sexual assault, or
stalking against them. Despite the name of this law,VAWA protection is available to victims of domestic
violence,dating violence,sexual assault,and stalking,regardless of sex,gender identity,or sexual
orientation.
Use of This Optional Form: If you are seeking VAWA protections from your housing provider,your
housing provider may give you a written request that asks you to submit documentation about the incident
or incidents of domestic violence, dating violence,sexual assault,or stalking.
In response to this request,you or someone on your behalf may complete this optional form and submit it
to your housing provider, or you may submit one of the following types of third-party documentation:
(1)A document signed by you and an employee,agent,or volunteer of a victim service provider, an
attorney, or medical professional, or a mental health professional(collectively, "professional")from
whom you have sought assistance relating to domestic violence,dating violence,sexual assault, or
stalking, or the effects of abuse. The document must specify,under penalty of perjury,that the
professional believes the incident or incidents of domestic violence, dating violence, sexual assault, or
stalking occurred and meet the definition of"domestic violence,""dating violence,""sexual assault,"or
"stalking"in HUD's regulations at 24 CFR 5.2003.
(2)A record of a Federal, State,tribal,territorial or local law enforcement agency,court, or
administrative agency; or
(3)At the discretion of the housing provider, a statement or other evidence provided by the applicant or
tenant.
Submission of Documentation: The time period to submit documentation is 14 business days from the
elate that you receive a written request from your housing provider asking that you provide documentation
of the occurrence of domestic violence, dating violence,sexual assault,or stalking. Your housing
provider may,but is not required to,extend the time period to submit the documentation,if you request an
extension of the time period. If the requested information is not received within 14 business days of when
you received the request for the documentation, or any extension of the date provided by your housing
provider,your housing provider does not need to grant you any of the VAWA protections. Distribution or
issuance of this form does not serve as a written request for certification.
Confidentiality: All information provided to your housing provider concerning the incident(s)of
domestic violence, dating violence,sexual assault,or stalking shall be kept confidential and such details
shall not be entered into any shared database. Employees of your housing provider are not to have access
to these details unless to grant or deny VAWA protections to you, and such employees nnay not disclose
this information to any other entity or individual, except to the extent that disclosure is: (i)consented to
Form HUD-5382
(06/2017)
2
by you in writing in a time-limited release; (ii)required for use in an eviction proceeding or hearing
regarding termination of assistance; or(iii)otherwise required by applicable law.
TO BE COMPLETED BY OR ON BEHALF OF THE VICTIM OF DOMESTIC VIOLENCE,
DATING VIOLENCE SEXUAL ASSAULT OR STALKING
1. Date the written request is received by victim:
2. Name of victim-
3. Your name(if different from victim's):
4. Name(s)of other family member(s)listed on the lease:
S. Residence of victim:
6. Name of the accused perpetrator(if known and can be safely disclosed):
7. Relationship of the accused perpetrator to the victim:
8. Date(s)and times(s)of incident(s)(if known):
10. Location of incident(s)-
In your own words,briefly describe the incident(s):
This is to certify that the information provided on this form is true and correct to the best of my knowledge
and recollection,and that the individual named above in Item 2 is or has been a victim of domestic violence,
dating violence, sexual assault, or stalking. I acknowledge that submission of false information could
jeopardize program eligibility and could be the basis for denial of admission,termination of assistance, or
eviction.
Signature Signed on(Date)
Public Reporting Burden: The public reporting burden for this collection of information is estimated to
average I hour per response. This includes the time for collecting,reviewing, and reporting the data. The
information provided is to be used by the housing provider to request certification that the applicant or
tenant is a victim of domestic violence,dating violence,sexual assault, or stalking. The information is
subject to the confidentiality requirements of VAWA.This agency may not collect this information, and
Form HUD-5382
(0512017)
3
you are not required to complete this form,unless it displays a currently valid Office of Management and
Budget control number.
Form HUD-5382
(0612017)
MSEC Review Page 1 of 7
Official site of the City of Fort Worth,Texas
C COUNCIL AG DS T >
COUNCIL ACTION: Approved on 8/7/2018 - Ordinance No_ 23310-08-2018
REFERENCE G-19328 19NS HUD CONPLAN
DATE: 8/7/2018N® . (Revised} LOG NAME: 2018-22 ACTIONPLAN
2018-19
CODE: G TYPE: NOW PUBLIC YES
CONSENT HEARING:
SUBJECT: Conduct Public Hearing and Approve the City's 2018.2022 Consolidated Plan Priorities
and Goals and 2018-2019 Action Plan for the Use of Federal Grant Funds in the Amount
of$12,044,676.00 to be Awarded by the United States Department of Housing and Urban
Development from the Community Development Block Grant, HOME Investment
Partnerships Program, Emergency Solutions Grant and Housing Opportunities for
Persons with AIDS Grant Programs, Authorize Collection and Use of�Program Income,
Authorize Waiver of Application of Indirect Cost Rates, Authorize Execution of Related
Contracts, and Adopt Appropriation Ordinance {ALL COUNCIL DISTRICTS}
RECOMMENDATION:
It is recommended that the City Council:
1. Conduct a public hearing to allow citizen input and consideration of the City's 2018-2022
Consolidated Plan Priorities and Goals and 2018--2019 Action Plan for use of federal grant funds to
be awarded by the United States Department of Housing and Urban Development in the amount of
$12,044,676.00 from the Community Development Black Grant, HOME Investment Partnerships
Program, Emergency Solutions Grant, and Housing Opportunities for Persons with AIDS grant
programs, and for the use of program income from activities using prior years' federal grant funds;
2. Approve the City's 2018-2022 Corrsolidated Plan and 2018-2019 Action Plan for submission,
including allocations of grant funds to particular programs and activities as detailed below;
3. Authorize the collection and use of an estimated $2,200,000.00 of program income which is
expected to result from activities using prior years' Community Development Block Grant funds for
the projects and programs detailed below, and authorize the collection and use of amounts over the
$2,200,000.00 of program income, estimated to be $150,000.00, for City's Priority Repair Program;
4. Authorize the collection and use of an estimated $150,000.00 of program income which resulted
from activities using prior years' HOME Investment Partnerships Program funds for the City's
Homebuyer Assistance Program, and authorize the use of 10 percent of the program income for
administrative costs;
5. Authorize the City Manager or his designee to execute contracts for one.year terms with the
agencies listed in Tables 1, 2 and 3 below for Program Year 2018-2019 for Community Development
Block Grant, Emergency Solutions Grant, and Housing Opportunities for Persons with AIDS grant
funds, contingent upon receipt of funding, satisfactory completion of an Environmental Review, and
all regulatory requirements;
6. Authorize the City Manager or his designee to extend the contracts for up to one year if an agency
or department requests an extension and such extension is necessary for completion of the program,
or to amend the contracts if necessary to achieve program goals provided any amendment is within
the scope of the program and in compliance with City policies and all applicable laws and regulations
-- ----- 1 •1T , nr aIrnnrnnio
M&C Review Page 2 of 7
governing the use of federal grant funds;
7. Authorize a waiver of indirect cost rates as applicable for the Grants Fund in accordance with the
City's Administrative Regulations; and
8. Adopt the attached Appropriation Ordinance increasing the estimated receipts and appropriations
to the Grants Fund in the total amount of$12,044,076.00 consisting of$7,262,818.00 in Community
Development Block Grant funds, $2,861,536.00 in HOME Investment Partnerships Program grant
funds, $587,565.00 in Emergency Solutions Grant funds, and $1,332,758.00 in Housing
Opportunities for Persons with AIDS grant funds, plus any program income, all subject to receipt of
such funds.
DISCUSSION:
The City's 2018-2022 Consolidated Plan assesses community and affordable housing needs and
sets strategic priorities and goals for use of federal grant funds from the United States Department of
Housing and Urban Development (HUD) for a five-year period. These priorities and goals are to be
addressed with Annual Action Plans that summarize the major housing and community development
activities and proposed expenditures for each of the five years.
Recommendations for proposed priorities and goals for the Consolidated Plan were adopted by the
City's Community Development Council on May 16, 2018. These priorities and goals were developed
to be consistent with strategies and initiatives previously adopted by the City Council, as well as
through an assessment of community needs which included the Assessment of Fair Housing
planning process conducted in 2017. The recommended Consolidated Plan priorities and goals for
use of HUD grant funds over the next five years are summarized below.
Affordable Housing: Promote homeownership, affordable housing, and Fair Housing for both renters
and owners -
Preservation and rehabilitation of existing housing stock
Targeted neighborhood improvement and revitalization
Poverty reduction, including programs that support self-sufficiency and household stability, such as
employment training, adult basic education, and related programs
Educational and support programs for children, youth and their families, to prepare them for success
through literacy, training, mentorship and related programs
Programming to support aging in place
o Accessibility improvements in public facilities and housing
Services and housing for the homeless, including homelessness prevention and services that help
homeless persons achieve the goal of permanent housing
The 2018-2019 Action Plan summarizes proposed HUD grant funded activities and expenditures that
are consistent with the above priorities and goals for the program year beginning October 1, 2018
and ending September 30, 2019. The federal grant funds covered by this 2018-19 Action flan
represent a total of$12,044,676.00 from HUD for Community Development Block Grant (CDBG),
HOME Investment Partnerships Program (HOME), Emergency Solutions Grant (ESG) and Housing
Opportunities for Persons with AIDS (HOPWA) grant programs. The Action Plan also summarizes the
use of program income resulting from activities using prior years' CDBG and HOME funds, the
primary purpose of which is to benefit low and moderate income City residents. ESG funds primarily
benefit homeless persons, and HOPWA funds primarily benefit low and moderate income persons
with HIV/AIDS.
A Notice of Funding Availability (NOFA) for affordable housing developers and other entities seeking
funding for major community development projects was published on February 9, 2018. A Request
for Proposals from social service agencies seeking grant funding was published on February 10,
2018. All proposals were received on March 16, 2018. Staff reviewed all proposals and developed
recommendations for the allocation of the estimated funding from HUD based on the capacity of
applicant organizations, consistency with overall City priorities, and compliance with applicable
federal regulations. Public hearings were held on April 11, 2018 and April 18, 2018 to provide citizens
M&C Rcview Page 3 of 7
and stakeholders the opportunity to participate in the deuel,opment of the Consolidated Plan and
Action Plan. Recommendations for award amounts were considered and adopted by the Community
Development Council (CDC) on May 16, 2018. These recommendations were presented to the
Housing and Neighborhood Services Committee on June 5, 2018 and to the City Council on June 12,
2018.
Notice of a 30-day public comment period from July 2, 2018 to July 31, 2018 was published in the
Port Worth Star-Telegram on June 10, 2018, in La Estrella on June 16, 2018, and in La Vida News:
The Black Voice on June 21, 2018. Any comments received are maintained by the Neighborhood
Services Department in accordance with federal regulations, The City must hold two public hearings
as part of the HUD-required citizen participation process. The first public hearing is scheduled to be
held before City Council on June 26, 2018 prior to the commencement of the 30-day public comment
period, and the second public hearing is scheduled for the August 7, 2018 City Council meeting
where the Consolidated Plan and Action Plan will be considered for approval by the Council.
A summary of the CDC funding recommendations is provided below and in Tables 11 2 and 3.
Additionally, a spreadsheet of all specific funding recommendations is attached. The 2018-2022
Consolidated Plan and 2018-2019 Annual Action Plan must be submitted to HUD by August 15,
2018.
A waiver of indirect costs is being requested to maximize program benefits. The CDBG program
provides for 43 partially-funded positions with estimated salaries of$1,3 million. Addition of indirect
costs would result in reduction in Staff and services. The indirect costs that are requested to be
waived are estimated to be $371,566.00.
Community Development Block Grant CDBG
For Program Year 2018.2019, it is recommended that the amount of$7,262,818.00 in CDBG funds,
and an estimated amount of$2,350,000.00 in CDBG program income totaling $9,612,818 be
allocated as follows:
Public Services -$1,089,422.00
This item includes social services for low to moderate income, disabled and disadvantaged
populations.
Housing Program Services -$2,563,000.00
This item includes funding for the City's Priority Repair Program, Cowtown_Brush-Up, homebuyer and
housing services, accessibility modifications to homes of senior and/or disabled individuals to support
Aging In Place and Fair Housing compliance, and related project delivery costs for these programs.
(ALL COUNCIL DISTRICTS)
Infrastructure Projects & Public Facilities - $1,426,856.00
This item includes funding for Street and Sidewalk Improvements and Open Space Recreational
Improvements in the Ash Crescent Neighborhood Improvement Target Area and related Public
Facilities, and for Bunche Park improvements in the Stop Six neighborhood. (COUNCIL DISTRICTS
8 and 5)
CDBG Economic Development-$740,977.00
This is the City' s annual payment of its Section 108 loan from HUD. The Section 108 Program is a
loan guarantee program which enables CDBG grantees to borrow up to five times their annual
entitlement grant.
CDBG Estimated Program Income -$2,350,000.00
This item includes funding for Accessibility Improvements at City Community Centers and other
public facilities,waterlsewer improvements to support infill housing development on Sheraton Drive, a
community facility for early childhood education, and for a multifamily rehabilitation program. This
item also includes up to $150,000.00 in funding for the City's Priority Repair Program. CDBG program
income that is received which is over the estimated amount but not used for the City' s Priority Repair
M&C Review Page 4 of 7
Program will be allocated to priority activities in the Consolidated Plan subject to City Council
approval.
CDBG General Administration -$1,452,563.00 (Limited to 20%)
This item includes costs for administering the CDBG grant including allocations for the Financial
Management Services, Neighborhood Services and Planning and Development Departments.
HOME Investment Partnerships ProgramH� gME)
For Program Year 2018-2019, it is recommended that the amount of$2,861,535.00 in HOME funds,
and an estimated amount of$150,000.00 in HOME program income, totaling $3,011,535.00 be
allocated as follows:
Homebuyers Assistance Program (HAP) -$1,000,000.00
This item includes funding for down payment and/or closing cost assistance to low and moderate
income homebuyers. (ALL COUNCIL DISTRICTS)
Community Development Housing Organizations (CHDO) -$519,382.00
HUD requires that a minimum of 15 percent of HOME funds be allocated to CHDOs for affordable
housing projects. These funds will be used by Housing Channel, a CHDO, for the Single Family Infill
Development at Stalcup and Berry (COUNCIL DISTRICT 5). The City is also authorized to fund
CHDO administrative operating costs to support community based affordable housing development,
and this funding will be used by Housing Channel to support completion of the Hardy and Riverside
Single Family infill projects which were funded in previous years (COUNCIL_ DISTRICTS 2 and 8). All
houses constructed with these funds will be sold to homebuyers with incomes at or below M percent
of the area median income set by HUD.
Rental Housing Rehabilitation —$1,056,151.00
This item represents gap financing for a portion of the costs of rehabilitating affordable multifamily
housing for Atlantic Housing Foundation at Manitoba Apartments, and for Tarrant County Samaritan
Housing, Inc. for a project to develop permanent supportive housing for the homeless. (COUNCIL
DISTRICTS 3 and 9).
HOME General Administration —$286,153.00 (Limited to 10%)
This item includes casts for administering the HOME grant.
HOME Estimated Program Income -$150,000.00
This item includes funding for the Homebuyer Assistance Program and for HOME grant
administrative costs. HUD allows the City to take 10 percent of any HOME program income to be
used for the costs for administering the HOME grant. HOME program income that is received which
is over the estimated amount but not used for the Homebuyer Assistance Program will be allocated to
priority activities in the Consolidated flan subject to City Council approval.
Housing Opportunities for Persons With AIDS Program (_HOPWA)
For Program Year 2018-2019, it is recommended that the amount of$1,332,758.00 in HOPWA funds
be allocated as follows:
Public Services -$1,292,776.00
HOPWA Program Administration --$39,982.00 (Limited to 3%)
Emergency Solutions_Grant(ESG)
For Program Year 2018-2019, it is recommended that the amount of$587,565.00 in ESG funds be
allocated as follows:
Public Services - $543,498.00
ESG Program Administration --- $44,067.00 (Limited to 7.5%)
PUBLIC SERVICES CONTRACT RECOMMENDATIONS
M&C Review Wage 5 of 7
The CDC adopted recommendations on the award of public services contracts on May 16,
2018. Upon further evaluation and discussion with impacted parties, Staff revised the proposed
recommendations for BSG Agencies to provide funding for Safe Haven of Tarrant County. Based on
this input and evaluation; staff recommends that contracts be executed with the listed agencies for
the amounts shown in the following tables.-
Community
ables:Community Development Block Grant Contracts:
Table I — CDBG A enGies
Organization Program ;mount
AB Christian Learning Center Child Care Services $ 80,000.00
Girls Inc. of Tarrant County Youth Services $ 75,000.00
Goodwill Industries of Fort Worth, Employment/Job Training $100,000.00
Inc.
Guardianship Services Prevention of Financial $ 75,000.00
Exploitation of Elderly
Housing Channel Housing Counseling $118,088.00
Services
The Ladder Alliance Employment/Job Training $ 80,000.00
McDonald YMCA Youth Wellness Services $ 75,000.00
Meals on Wheels, Inc. of Greater Home-delivered meals for $ 76,350.00
Tarrant County elderl (disabled
Presbyterian Night Shelter of Case Management for $144,987.00
Tarrant County Homeless
The Salvation Arm Em to ment Trainin $ 75,000.00
Sixty and Better, Inc. Transportation for Elderly $111,800.00
United Community Centers Educational Enrichment for $ 78,197.00
Children
GDBG Public Service Subtotal $ 1,089,422.00
Rehabilitation, Education and Accessibility Improvements $100,000.00
Advocacy for Persons with for Low Income Residents
Handicaps, dba REACH, Inc.**
Trinity Habitat for Humanity Cowtown Brushup Paint $455,000.00
Program
Total CDBG Contracts $1,644,422.00
**REACH and Trinity Habitat will be funded from the CDBG Housing Programs and Services budget.
Housing Opportunities For Persons With AIDS Contracts:
Table 2-- HOPWA A encies
Organization Program Amount
Tarrant County Samaritan Housing, Supportive Services, $636,776.00
Inc. Facility Based Housing
Subsidy Assistance, Tenant
Based Rental Assistance,
and Administration
AIDS Outreach Center, Inc. Supportive Services, $656,000.00
Tenant Based Rental
Assistance (TBRA), Short
Term Rent Mortgage and
Utility Assistance (STRMU)
and Administration
Total @PAIA Contracts $1,292,776.00
Emergency Solutions Grant Contracts:
M&C Review Page 6 of 7
A waiver of the goal for MBE/SBE subcontracting requirements was requested by the Neighborhood
Services Department and approved by the MAIVBE Office, in accordance with the M/WBF or RDE
Ordinance, because th'e opportunities for subcontracting or suppliers through purchase of goods or
services are negligible.
All figures have been rounded to the nearest dollar for presentation purposes.
Table 3 – ESG Agencies
Organization Program Amount —
Presbyterian Night Shelter $126,625.00
Shelter of Tarrant Operations/Services
Count
Lighthouse for the EShelter $ 68,498.00
Homeless dba True nslServices
Worth Place
Safe Haven of Tarrant utions for Fort $ 75,000.00
Count
The Salvation Army, a Homeless Prevention, $183,375.00
Georgia Corporation Rapid Rehousing, and
Emer moy Shelter
Center for Transforming Rapid Rehousing $ 90,000.00
Lives
Total ESG Contracts $ 643,498.00
FISCAL. INFORMATIONICFRTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations, adoption of the
attached appropriation ordinance and receipt of grant funds, funds will be available in the current
operating budget, as appropriated, of the Grants'Operating Federal Fund. These are reimbursement
grants. The Neighborhood Services Department has the responsibility to validate the availability of
funds prior to an expenditure being made.
TO
Fund Department Account Project Program Activity Budget �Reforen'�e-4 -
ID
ID Year rtfield 2)
FROM
Fund Department Account Project Program I Activity Budge[ FZeference# Amount
[D ID Year 'hartfield 2
Submitted for City Manager's Office by:_ Fernando Costa (6122)
Originating Department Mead: Aubrey Thagard (8187)
Additional Information Contact: Barbara Asbury (7331)
Eric Vodicka (7583)
ATTACHMENTS
M&C Review Page 7 of 7
19NS HUD CONPLAN 2018-22 ACTIONPLAN 2018-19 A018.docx
Form 1295 -All Agencies - Including Safe Haven. dr
HUD 2018-19 AP Selected Slides REVISED 6-19--2018.pdf