Loading...
HomeMy WebLinkAboutContract 35789,� � �ITY SECREi/1i�1r�� CGNTRACT NO. STATE OF TEXAS � COUNTY OF TARRANT � THIS contract ("Contract") is made and entered into by and between the City of Fort Worth ("City"), whose address is 1000 Throckmorton St., Fort Worth Texas 76102, acting by and through Dale A. Fisseler, its duly authorized Assistant City Manager, and Cenikor Foundation, Inc. ("Contractor"), whose address is 2209 South Main, Fort Worth, 'TL 76110, acting by and through Mr. Bill Bailey, its duly authorized President and CEO. (Sometimes City and Contractor are referred to individually as a"Party" and collectively as the "Parties".) WHEREAS, City has received grant monies from the United States Department of Housing and Urban Development ("HUD") under Subtitle B of Title N of the McKinney-Vento Homeless Assistance Act, as amended, (42 USC 11371 et .req.) in connecrion with the Emergency Shelter Grants ("ESG") program, Grant No. S-06-MC-48-0006, for Year 2007-2008; WHEREAS, the ESG program provides homeless persons or persons at risk of becoming homeless with basic shelter and essential supportive services or operations, as applicable; WHEREAS, the assigned Catalog of Federal Domestic Assistance (CFDA) number is 14.231 for this Federal program; and WHEREAS City citizens, the Community Development Council, and the City Council have determined that ESG programs are needed by the City's homeless persons, or persons at risk of becoming homeless. NOW, THEREFORE, THIS AGREEMENT FURTHER WITNESSETH: THAT, the Parties covenant and agree as follows: 1. Scope of Service.r a. b c. Contractor will administer Emergency Shelter services to City citizens under the program name Emergency Shelter ("Program"), for the term June 1, 2007 to May 31, 2008. Contractor will be responsible for adin.in_istering the Program in a manner satisfactory to City and consistent with any standards required as a condirion of providing the ESG funds, as hereinafter defined. The Program will include the following acrivities: Contractor will provide the services and acrivities as set forth in Exhibit A-Program Summary in accordance with Exhibit B-Program Services Schedule. Contractor agrees to provide the activities benefiting homeless persons, or persons at risk of becoming homeless, and to maintain full documentation supporting fulfillment of these activiries in its files. All such documentation shall be furnished to City upon request if necessary for City to fulfill its obligations under its Federal grant. If this documentation is not maintained and furrushed to City on request, City may exercise all remedies available under this Contract, including the right to withhold payment to Contractor on this Contract or any other contract with Contractor, or terminate this Contract as described herein. City will monitor and evaluate Contractor's performance using the goals and performance standards required in this Contract. Substandard performance as determined by City ESG YEAR 2007-2008 CONTRACT Cenikor Foundation, Inc. (Emergency Shelter) Rev. 06-18-07 Page 1 e. f. monitoring will constitute non-compliance with this Contract If action to correct such substandard performance is not taken by Contractor within a reasonable period of time after being notified in writing by City, procedures to suspend or terminate the Contract will be initiated. If applicable, Contractor shall comply and assist City in complying with the provisions of any federal requirements regarding displacement, relocation and/or real property acquisition. Contractor agrees to take reasonable steps to ensure meaningful access to the Program and associated activities by limited English proficient persons. 2. Coyrrpetzsatiofa and Method of Paynletit a. City will disburse ESG Year 2007-2008 funds ("ESG Funds") in an amount up to TEN THOUSAND SIZ HUNDRED EIGHTY-ONE NO/100 DOLLARS ($10,681.00) to Contractor on a reimbursement of expenses basis. b. Payment will be processed by City following receipt from Contractor of the following monthly financial documents: (1) Attachment I- Request For Funds, (2) Attachment II- Detail Statement of Costs, and (3) Attachment III-Expenditures Worksheet. Payment by City to Contractor shall require completion of all City forms and copies of adequate supporting documentation verifying eligibility of expenses as well as, where applicable, eligibility of Program parricipants. Reimbursement for the payment o€ eligible expenses shall be made against the budget specified in Exhibit C-Program Operating Budget or its revised version, and in accordance with performance specified in E�iibit B-Program Services Schedule. City will not clisburse funds for expenditures that occurred prior to the beginning date of the term of this Contract. c. Contractor agrees to utilize all disbursed ESG Funds for the benefit of the Program. Contractor agrees that all funds will be expended in accordance with Exhibit C-Program Operating Budget or its revised version. Contractor may not increase or decrease line-item amounts in the approved ESG Funds portion of Exhibit C-Program Operating Budget without City's prior �vritten approval. Contractor acknowledges and agrees that any ESG Funds not used in accordance with the ESG Regularions and the terms of this Contract will be repaid to City. d. It is understood that the total cost for operation of this Program $1,750,479.50 and that Contractor will obtain from other sources the remaining funds in excess of the ESG Funds as detailed in Exhibit C-Program Operating Bndget. Contractor will notify City promptly of any addirional funds it receives for operarion of the Program, and City reserves the right to amend Exhibit C-Program Operating Budget in such instances. e. Contractor agrees to keep all ESG Funds on hand in interest bearing accounts. All interest earned shall be reported to City on a monthly basis, at the same time as submission of the monthly report following the end of the Contract month during which the interest was earned. Interest in an amount of $25.00 or less per month may be used for authorized Program expenses. These amounts must be reported on the monthly financial statements filed pursuant to this Contract. Interest earned in excess of $25.00 per month is subject to remittance to City as directed by City. f. Contractor will not commingle ESG Funds with any other funds in any manner that would prevent City from readily identifying expenditures for operation of the Program. 3. Uyrifo�m Admirri.rtrutive Kegrti��emettt.r aftd P�•ogr�am Maftageme�rt Stand�t��l.r ESG YEAR 2007-2008 CONTRACT Rev. 06-18-07 Cenikor Foundation, Inc. (Emergency Shelter) Page 2 a. Financial Management i. Accounting Standards The Contractor agrees to comply with OMB Circular A-110, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and other Non-Profit Organizations", and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. u. Cost Principles Contractor shall adinin.ister the Program in conformance with OMB Circular A-122, "Cost Principles for Non-Profit Organizations" and attachments and revisions thereto, regarding principles for deterinit�ing costs for the Program. b. Documentarion and Record Keeping i. Requirement Contractor shall maintain all records pertinent to the acrivities to be funded under this Contract required in 24 CFR � 570.506. In addition, Contractor agrees to keep records to fully document all expenditures charged to the ESG porrion of the Program including records documenring the eligibility of Program participants as more pa�ricularly described herein. The documentation must support the amounts charged to the Program, the eligibility of the Program participants, and demonstrate that the expenditures were appiopriate to t�ie stated goals of the Program and allowable and/or eligible under applicable Federal, state and City guidelines. u. Retention (1) All records pertaining to Program shall be retained for four (4) years following the termination of this Contract. Contractor may destroy Program records at the end of this four (4) year period if no outstanding audit finding e�sts. (2) Contractor will retain any Program loan records until four (4) years after the expiration of any loan. ui. Real Property Records Contractor shall maintain real property inventory records that clearly idenrify properties purchased, improved, or sold. Properries retained shall meet eligibility criteria and shall conform to the requirements of 24 CFR � 570.505. iv. Closeouts Contractor's obligation to City shall not end until all closeout requirements are completed. Acrivities during this closeout period shall include, but are not limited to: making final payments, disposing of Program assets (including the return of all unused materials, equipment, unspent cash advances, Program income balances, and accounts receivable to City), and deterininii�g the custodianship of records. v. Audits and Inspections (1) City, HUD, and the United States Comptroller General, or their respecrive representatives, shall have access to any books, documents, records and papers relating to the operarions of Contractor under this Contract for the purpose of audit, examinarion, exception and transcription at all of Contractor's offices at all reasonable hours. (2) All non-federal entiries that expend $500,000 or more in Federal funds within one (1) year, regardless of the source of the Federal award, must submit to City an annual audit prepared in accordance with 24 CFR Sections � 570.502-570.503 generally, with specific reference to OMB Circulars (with attachments) A-122, "Cost Principles for Non-Profit Organizations", and A-133, `Audits of States, Local Governments, and ESG YEAR 2007-2008 CONTRACT Rev. OG-18-07 Cenikor Foundation, Inc. (Emergency Shelter) Page 3 (3) (4) Non-Profit Organizarions", as appropriate. The audit may cover either Contractor's fiscal year during which this Contract is in force or cover the period of this Contract. The audit must be prepared by an independent certified public accountant, be completed �vithin nine (9) months following the end of the period being audited and be submitted to City within thirty (30) days of its completion. Contractor's audit cerrification is attached hereto as Exhibit D- Audit Schedule Independent Audit Requirement. The Audit Schedule Form must be submitted to City within sixty (60) days of the end of the period being audited (Contractor's fiscal year). Costs of preparation of this audit may be an allowable eYpenditure of ESG Funds in an amount proporrional to that of the ESG Funds used in Contractor's total agency operating budget. Non-profit enriries that expend less than $500,000 a year in Federal funds are exempt from Federal audit requirements for that year, but records must be available for review or audit by appropriate officials of the Federal agency, City, and General Accounting Office ("GAO"). City reserves the right to perform an audit of Contractor's agency operarions and finances at any time during the term of this Contract, if City determines that such audit is necessary for City's compliance with OMB Circular A-133. Contractor agrees to allow access to all relevant books, records and materials. If such audit reveals a questioned practice or eYpenditure, such questions must be resolved within thirty (30) days after notice to Contractor. If questions are not resolved within this period, City reserves the right to withhold further funding under this and/or future contract(s) with Contractor. If as a result of any audit it is determined that Contractor has misused, misapplied or misappropriated all or any part of the ESG Funds, Contractor agrees to reimburse the City the amount of such monies so misused, misapplied or misappropriated, plus the amount of any sanction, penalty or other charge levied against City because of such misuse, misapplication or misappropriation. 4. Keportirag P��ocedrr��es a. Financial Reports Contractor will submit to City on a monthly basis: (1) Attachment I-Request for Funds, (2) Attachment II-Detailed Statement of Costs, (3) Attachment III-Expenditures Worksheet, as applicable, for expenses incurred for services and activiries accomplished by Contractor in performance of this Contract. Actual cash receipts for claimed expenditures must be provided at the time the request for funds is presented. The reports must be signed by a duly authorized agent of the Contractor and submitted by the 15`� of the month following the month being reported. City is under no obligation to disburse funds for expenditures that occurred prior to the first day of the month for which the report is submitted. b. Contractor will have Match funds ready and available prior to the start of the program. Failure to do so may delay, and or cancel the contract. Matching funds may include cash provided by the agency from its own funds or other agencies, donations, or grants other than ESG. The value of the match is subject to review and approval by the City of Fort Worth. All monthly reports will indicate matching funds and its sources. c. Progress Reports Contractor will submit to City on a monthly basis as applicable to Program: (1) Attachment IVa-Program Services Report, (2) Attachment IVb-Direct Benefit Data Report, (3) Attachment V-Performance Report, and (4) Attachment VI-Client Data Report for services ESG YEAR 2007-2008 CONTRACT Rev. 06-18-07 Cenikor Foundation, Inc. (Emetgeucy Shelter) Page 4 and acrivities undertaken by Contractor in performance of this Contract. The report will be signed by a duly authorized agent of Contractor and submitted by the 15`'' of the month following the month that is reported. The City will not disburse funds for expenditures prior to the beginning date of the term of this Conteact. d. Program Income Contractor agrees that all program income from operation of the Program in proportion to the amount of ESG Funds received hereunder will be expended prior to expending ESG Funds and that any such program income is subject to the terms of this Contract. Contractor may eYpend ESG Funds only if program income is insufficient to meet all eligible Program activity eYpenses. Contractor agrees to return to City at the end of the Contract any remaining program income earned from operation of the Program in proporrion to the amount of ESG Funds in Exhibit A-Program Summary and EYhibit B- Program Operating Budget. e. Procurement i. Compliance Contractor shall comply with City policy concerning the purchase of equipment and shall maintain inventory records of all non-expendable personal property, as defined by such policy, procured with funds provided under this Contract. ii. OMB Standards Contractor shall procure all materials, property, or services in accordance with the requirements of 24 CFR Part 84, Procurement Standards and Property Standards, as modified by 24 CFR Part 570.502(b)(6), covering utilization and disposal of property. f. Program Participant Records i. Contractor will keep or cause to be kept an accurate record of all actions taken and all ESG Funds expended, with source documents, in performance of this Contract. Such records shall be kept for the time period mandated by the ESG Regulations and this Contract. u. Contractor will obtain and keep on file and furnish to City on request the following information and/or documentation on each Program participant served by the Program demonstrating such participant's eligibility for services provided, where applicable: a. Parricipant's name, address, annual income level or other basis for determining income eligibility, and family size of participant's household, where applicable. b. Source documentation used for income verification including but not limited to pay check stubs, food stamp award letters, income tax returns, SSI award letters, letters awarding unemployment benefits, W2s and the like. c. City shall have the final determination, in its sole discretion, as to whether source documentation used for income verification is adequate. g. Contractor shall participate in a local Continuum of Care's Homeless Management Informarion System ("HMIS") to ensure that the Program meets the Federal goal that localities collect an array of unduplicated data on the number and characteristics of homeless persons. Continuums of Care are local bodies that plan for and coordinate homeless services. HUD's standards for participation in a local HMIS are set forth in the Federal Register, July 30, 2004. The local Continuum of Care is Fort Worth/Arlington/Tarrant County CoC (TY-601). Contractor shall submit documentation to the City for such participation on quality basis. 5. Keve�:rion of A.r.ret.r ESG YEAR 2007-2008 CONTRACT Rev. 06-18-07 Cenikot Foundation, Inc. (Emergency Shelter) Page 5 a. Contractor agrees to return to City any ESG Funds remaining on hand at the end of the Contract. b. All property purchased with ESG Funds under this Contract will be used solely for operation of the Program. Contractor agrees to obtain City approval prior to pur�chase of property and Contractor agrees to notify City upon receipt of property so that it may be properly tagged and inventoried. Title to such property will be vested in City, and Contractor will deliver all such property to City for disposition at City's sole discrerion at the terminarion of the Program. 6. Applicable La�v.r a. Federal Contractor agrees to comply with the following laws and the applicable regulations as they are currently written or are hereafter amended during performance of this Contract: • Subtitle B of Title IV of the McKiruley-Vento Homeless Assistance Act, as amended, (42 USC 11371 etseq.) • Regulations at 24 CFR Part 576 pertaining to Emergency Shelter Grants Program ("ESG Regulations") • Title VIII of the Civil Rights Act of 1968 (42 USC 3601 et .req.) • Executive Orders 11063, 11246, as amended by EYecutive Orders 11375 and 12086 and as supplemented by 41 CFR Part 60 • The Age Discri.mination in Employment Act of 1967 (29 USC 621) • The Age Discrimination Act of 1975 (42 USC 6101 et.reg.) • Section 504 of the Rehabilitarion Act of 1973 (29 USC 794 et seq.) and 24 CFR Part 8 where applicable • The Americans with Disabiliries Act of 1990 (42 USC 12101 et .req.) • National Environmental Policy Act of 1969, as amended, 42 USC 4321 et seq. ("NEPA") and the related authorities listed 24 CFR Part 58 • The Clean Air Act, as amended (42 USC 7401 et ��eq.), the Clean Water Act of 1977, as amended (33 USC 1251 et .req.) and the related EPA regulations at 40 CFR Part 15, as amended from time to time, and Execurive 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 convicrion under the Clean Air Act or the Clean Water Act. • The Immigration Reform and Control Act of 1986 (8 USC 1101 et .req.), specifically including the provisions reqluring employer verificarion of the legal status of its employees • The Housing and Community Development Act of 1987 (42 USC 5301 et seq.) • The Americans with Disabilities Act of 1990 (42 USC 12101 et .req.) • Drug Free Workplace Act of 1988 (41 USC 701 et .req.) and 24 CFR Part 23, Subpart F • Regulations as 24 CFR Part 87 related to lobbying, including the requirement that certifications and disclosures be obtained from all covered persons • Executive Order 12549 and 24 CFR Part 5.105 (c) pertaining to restrictions on participarion by ineligible, debarred, or suspended persons or entiries. b. Secrion 3 of the Housing and Urban Development Act of 1968, as amended, (12 USC 1701u et.req.� and its related regularions at 24 CFR Part 135 ESG YEAR 2007-2008 CONTRACT Rev. 06-18-07 Cenikoc Foundation, Inc. (Emecgency Sheltec) Page 6 As the work to be performed under this Contract is on a project assisted under a program providing direct Federal financial assistance from HUD, Section 3 of 24 CFR 135.38 ("Section 3") requires that the following clause be inserted in all covered contracts ("Section 3 Clause"): "A. The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (secrion 3). The pur_pose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. B. The Parries to this contract agree to comply with HUD's regularions in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this contract, the Parries to this contract cerrify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. C. The contractor agrees to send to each labor organizarion or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's comm.itments under this section 3 clause, and will post copies of the norice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The norice shall describe the Section 3 preference, shall set forth minimum number and job ritles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the posirions; and the anricipated date the work shall begin. D. The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violarion of the regulations in 24 CFR Part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violarion of die regularions in 24 CFR Part 135. E. The contractor will certify that any vacant employment positions, including training posirions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR Part 135. F. Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sancrions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. G. With respect to work performed in connection with Section 3 covered Indian housing assistance, secrion 7(b) of the Indian Self-DeteriYiinarion and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportuniries for training and employment shall be given to Indians, and (u) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of ESG YEAR 2007-2008 CONTRACT Rev. 06-18-07 Cenikot Foundation, Inc. (Emergency Sheltet) Page 7 section 3 and section 7(b) agree to comply with Section 3 to the maxirnum extent feasible, but not in derogation of compliance with secrion 7(b)." City and Contractor understand and agree that compliance �vith the provisions of Section 3, the regularions set forth in 24 CFR Part 135, and all applicable rules and orders of HUD shall be a condition of the Federal financial assistance provided to the Program, binding upon City and Contractor, and their respective successors, assigns and subcontractors. Failure to fulfill these requirements shall subject Contractor and its subcontractors, and their respective successors and assigns, to those sanctions specified by the Grant Agreement through which Federal assistance is provided and to such sanctions as are specified by 24 CFR Part 135. c. Other Laws Contractor covenants and agrees that its officers, members, agents, employees, Program participants and subcontractors shall abide by and comply with all other laws, Federal, state and local, relevant to the performance of this Contract, including all applicable City ordinances, rules and regulations and Subritle B of Title N of the McKintzey-Vento Homeless Assistance Act, as amended, (42 USC 11371 et .req.), and the ESG Regulations.), Contractor further promises and agrees that it has read, and is familiar with, terms and conditions of the Emergency Shelter Grant under which ESG Funds are granted and any applicable provisions of the ESG Regularions and that it will fully comply with them. It is agreed and understood that, if City notifies Contractor of any such violation on the part of Contractor or any of its officers, members, agents, employees, Program participants or subcontractors, then Contractor shall immediately desist from and correct such violation. 7. No�rdiscjzmijtatiott a. Contractor �vill not unlawfully discriininate against any person or persons because of sex, race, religion, age, disability, color, national origin, or familial status, nor will Contractor permit its officers, members, agents, employees, subcontractors or Program participants to engage in such discrunination. b. Contractor covenants that neither it nor any of its officers, members, agents, employees, Program participants or subcontractors, �vhile engaged in performing this Contract, shall, in connection with the employment, advancement or discharge of employees or in connection with the terms, conditions or privileges of their employment, discriminate against persons because of their age except on the basis of bona fide occuparional qualification, retirement plan or statutory requirement. c. Contractor further covenants that neither it nor its officers, members, agents, employees, subcontractors, Program participants, or persons acting on their behalf, shall specify, in solicitations or advertisements for employees to work on this contract, a maxirnum age limit for such employment unless the specified maYimum age limit is based upon a bona fide occupational qualification, retirement plan or statutory requirement. d. In accordance with the provisions of the Americans With Disabilities Act of 1990 ("ADA"), Contractor warrants that it and any and all of its subcontractors will not unlawfully discrir7linate on the basis of disability in the provision of services to the general public, nor in the availability, terms and/or conditions of employment for applicants for employment with Contractor, or employees of Contractor or any of its subcontractors. Contractor warrants it will fu11y comply with ADA's provisions and any other applicable Federal, state and local laws concerning disability and will defend, indemnify and hold City harmless against any clauns or allegarions asserted by third parries or subcontractors against City ESG YEAR 2007-2008 CONTRACT Rev. 06-18-07 Cenikor Foundatiou, Inc. (Emergency Shelter) Page 8 arising out of Contractor's and/or its subcontractors' alleged failure to comply with the above-referenced laws concerning disability discrimination in the performance of this Contract. e. This Contract is made and entered into with reference specifically to the ordinances codified at Chapter 17, Article III, Division 3"Discriinination in Employment Pracrices", of the City Code, and Contractor hereby covenants and agrees that Contractor, its officers, members, agents, employees and subcontractors, have fully complied with all provisions of same and that no employee, employee-applicant or Program participant has been discriininated against by the terms of such ordinances by either the Contractor or its officers, members, agents, employees or subcontractors. 8. Prohibitiotr Agqitr.rt Itrtere.rt a No member, officer or employee of City or its designees or agents; no member of the governing body of the locality in which the Program is situated; and no other public official of such locality or localities, who exercises any functions or responsibilities with respect to the Program funded hereunder during his or her tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed hereunder. Contractor shall incorporate, or cause to be incorporated like language prohibiting such interest in all contracts and subcontracts entered into in connection with the Program. b. No member, officer, employee, or Program participant of Contractor or its subcontractors shall have a financial interest, direct or indirect, in this Contract or the ESG Funds transferred hereunder or be financially interested, direcdy or indirectly, in the sale to Contractor of any land, materials, supplies or services purchased with any ESG Funds transferred hereunder, except on behalf of Contractor, as an officer, employee, member or Program participant. Any willful violarion of this paragraph with the expressed or implied knowledge of Contractor or its subcontractors shall render this Contract voidable by City. 9. Mitlo�zty artd T�o�nejt Bu.rijre.c.r Eyrte��rise Conlmitmejrt Contractor agrees to abide by City's policy to involve Minority and Women Business Enterprises (IVIWBEs) in all phases of its procurement practices and to provide them an equal opportunity to compete for contracts for construction, provision of professional services, purchase of equipment and supplies and provision of other services required by City. Contractor agrees to incorporate City Ordinance No. 15530, and all amendments or successor policies thereto, into all contracts and will further require all persons or entities with whom it contracts to comply with said Policy. 10. Noit A.r.rignmer�t No assignment or delegation of duties under this Contract by Contractor shall be effective without City's prior written approval. 11. Itrdependej�t Co�ttrcrcto�• a. Contractor shall operate hereunder as an independent contractor and not as an officer, agent, servant or employee of City. Contractor shall have exclusive control of, and the ESG YEAR 2007-2008 CONTRACT Rev. 06-18-07 Cenikot Foundation, Inc. (Emergency Shelter) Page 9 eYclusive right to control, the details of the work and services performed hereunder, and all persons performing same, and shall be solelp responsible for the acts and omissions of its officers, members, agents, servants, employees, subcontractors, Program participants, licensees or invitee. The doctrine of respondeat superior shall not apply as bet�veen City and Contractor, its officers, members, agents, servants, employees, subcontractors, Program participants, licensees or invitees, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Contractor. It is expressly understood and agreed that no officer, member, agent, employee, subcontractor, licensee or invitee of the Contractor, nor any Program participant hereunder, is in the paid service of City and that City does not have the legal right to control the details of the tasks performed hereunder by Contractor, its officers, members, agents, employees, subcontractors, Program participants, licensees or invitees. b. City shall in no way nor under any circumstances be responsible for any property belonging to Contractor, its officers, members, agents, employees, subcontractors, Program participants, licensees or invitees, which may be lost, stolen, destroyed or in any way damaged; and Contractor hereby indemnifies and holds harmless City and its officers, agents, and employees from and against any and all claims or suits. 12. Indemni�cation, Insurance and Bonding a. CONTRACTOR COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND, AT ITS OWN EXPENSE, CITY AND ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE OR NONPERFORMANCE OF THIS CONTRACT AND/OR THE OPERATIONS, ACTIVITIES AND SERVICES OF THE PROGRAM DESCRIBED HEREIN, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVAleTTS, EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS OF CITY; AND CONTRACTOR HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY OF CITY AND ITS OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES FOR ANY AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KINDS OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE OR NON-PERFORMANCE OF THIS CONTRACT AND AGREEMENT AND/OR THE OPERATIONS, ACTIVITIES AND SERVICES OF THE PROGRAMS DESCRIBED HEREIN, WHETHER OR NOT CAUSED IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS OF CITY. CONTRACTOR LIKEWISE COVENANTS AND AGREES TO AND DOES HEREBY INDEMNIFY AND HOLD HARMLESS CITY FROM AND AGAINST ANY AND ALL INJURY, DAMAGE OR DESTRUCTION OF PROPERTY OF CITY, ESG YEAR 2007-2008 CONTRACT Rev. 06-18-07 Cenikor Foundation, Inc. (Emergency Shelter) Page 10 ARISING OUT OF OR IN CONNECTION WITH ALL ACTS OR OMISSIONS OF CONTRACTOR, ITS OFFICERS, MEMBERS, AGENTS, EMPLOYEES, SUBCONTRACTORS, INVITEES, LICENSEES, OR PROGRAM PARTICIPANTS, OR CAUSED, IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS OF CITY. CONTRACTOR AGREES TO AND SHALL RELEASE CITY, ITS AGENTS, EMPLOYEES, OFFICERS AND LEGAL REPRESENTATIVES FROM AT.T" LIABILITY FOR INJURY, DEATH, DAMAGE OR LOSS TO PERSONS OR PROPERTY SUSTAINED IN CONNECTION WITH OR INCIDENTAL TO PERFORMANCE UNDER THIS CONTRACT, EVEN IF THE INJURY, DEATH, DAMAGE OR LOSS IS CAUSED BY THE CITY'S SOLE OR CONCURRENT NEGLIGENCE. CONTRACTOR SHALL REQUIRE ALL OF ITS SUBCONTRACTORS TO INCLUDE IN THEIR SUBCONTRACTS A RELEASE AND INDEMNITY IN FAVOR OF THE CITY IN SUBSTANTIALLY THE SAME FORM AS ABOVE. b. Contractor will maintain blanket fidelity coverage in the form of a bond in the amount of $10,681.00 to insure against loss from the fraud, theft or dishonesty of any of Contractor's officers, agents, trustees, directors or employees. The proceeds of such bond shall be used to reimburse City for any and all loss of ESG Funds occasioned by such misconduct. To effectuate such reimbursement, such bond shall include a rider stating that reimbursement for any loss or losses thereunder shall be made directly to Cit�T for the uses and benefit of Contractor. c. Contractor shall furnish certificates of insurance as proof that it has secured and paid for policies of workers' compensarion, public liability and automobile liability insurance covering all risks incident to or in connecrion with the execution, performance, attempted performance or nonperformance of this Contract. The amounts of such insurance shall not be less than the ma�mum liability that can be imposed on City under the laws of the State of Texas. Contractor understands and agrees that such insurance amounts may be revised upward at City's option and that Contractor shall revise such amounts within thirty (30) days following notice to Contractor of such requirements. d. Contractor will submit documentarion to City that it has obtained insurance coverage and has executed bonds as required in this contract within thirty (30) days of the execution of this Contract and prior to payment of any monies hereunder. e. Any failure on part of the City to request certificate(s) of insurance shall not be construed as a waiver of such requirement or as a waiver of the insurance requirements themselves. Insurers of Contractor insurance policies shall be licensed to do business in the State of Texas by the Department of Insurance or be otherwise eligible and authorized to business in the state of Texas. Insurers shall be acceptable to City insofar as their financial strength and solvency and each such company shall have a current tniniinum A.M. Best Key Rating Guide rating of A: VII or other equivalent insurance industry standard rating unless otherwise approved by City. Deductible limits on insurance policies shall not exceed $5,000 per occurrence unless otherwise approved by City. f. Any local, federal or other regulatory insurance or bonding requirements for the Program that exceed those specified herein shall prevail. ESG YEAR 2007-2008 CONTRACT Rev. 06-18-07 Cenikor Foundation, Inc. (Emergency Shelter) Page 11 g. Contractor shall agree to require its subcontractors to maintain applicable insurance coverages, limits, and other requirements as those specified herein; and, Contractor shall require its subcontractors to provide Contractor with certificate(s) of insurance documenting such coverage. Also, Contractor shall require its subcontractors to have City and Contractor endorsed as addirional insured (as their interests may appear) on their respecrive insurance policies. Contractor shall require its subcontractors to maintain builders risk insurance at the limit of applicable project(s) costs when the value of materials involved exceeds $10,000 or at a different limit value limit as specified by Cit�T. 13. lY�raiver• of Immrrnit.y If Contractor is a charitable or nonprofit organization and has or claims an immunity or exemption (statutory or otherwise) from and against liability for damages or injury, including death, to persons or property; Contractor hereby expressly waives its rights to plead defensively such immunity or exemprion as against City. This section shall not be construed to affect a governmental entity's immunities under consritutional, statutory or common law 14. Tertni�zatio�� a. In addition to, and not in substitution for, other provisions of this Contract regarding the provision of public services �vith ESG Funds, pursuant to Subride B of Tide IV of the Stewart B. McKinney Homeless Assistance Act, as amended, (42 USC 11371 et .req.) and the ESG Regulations, it is expressly understood and agreed by and between the Parries that this Contract is wholly conditioned upon the actual receipt by City of Federal ESG Year 2007- 2008 funds; that all monies distributed to Contractor hereunder shall be exclusively from Federal monies received under said grant and not from any other monies of City; and that if such funds under City's grant are not timely forthcoming, in whole or in part, City may, at its sole discretion, terminate this Contract and City shall not be liable for payment for any work or services performed by Contractor under or in connection with this Contract. b. City may terminate this Contract whenever such termination is determined to be in City's best interest, in event of Contractor's default, inability or failure to perform or to comply with any of the terms herein, or, for other good cause. c. The Parties acknowledge that ESG Funds paid hereunder are intended to provide only parrial funcling for Contractor's program operations. City may terminate this Contract if non-ESG funds included in the Operating Budget are not forthcoming to Contractor during the Contract term. d. ESG Funds provided hereunder may not be used as collateral for loans to Contractor to defray program operation expenses, and any attempted use of ESG Funds for this purpose will result in termination of this Contract by City. e. Termination will be effected by written norice to Contractor, specifying the portions of the Contract affected and the effecrive date of terminarion. Upon Contractor's receipt of such termination notice, Contractor will: • Stop work under the Contract on the date and to the extent specified by City; • Cease expenditures of ESG Funds, except as necessary for completion of the portions of the Contract not terminated; and • Terminate all orders and contracts to the extent that they relate to portions of the Contract being terminated. ESG YEAR 2007-2008 CONTRACT Rev. 06-18-07 Cenikor Foundation, Inc. (Emergency Shelter) Page 12 f. Contractor will return to City any unused ESG Funds previously advanced by City under this Contract within thirty (30) days of the effective date of Contract termination. City will have no responsibility or liability for Contractor's expenditures or actions occurring after the effective date of Contract termination. 15. Certificatiotr Kegqrditrg Lobbyisrg a. The undersigned representative of Contractor hereby certifies, to the best of his or her knowledge and belief, that: No federal appropriated funds have been paid or will be paid, by or on behalf of Contractor, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress or an employee of a member of Congress in connection �uith 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, conrinuarion, renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement. Contractor shall require that the language of this certification be included in all subcontracts or agreements involving the eYpenditure of Federal funds. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection �vith this Federal contract, grant, loan or cooperative agreement, Contractor shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instrucrions. c. This certificarion is a material representarion of fact upon which reliance was placed when this Contract was made or entered into. Submission of this certificate is a prerequisite for making or entering into this Contract imposed by 31 USC Section 1352. Any person who fails to file the required certificarion shall be subject to a civil penalty of not less than $�10,000.00 and not more than $100,000.00 for each such failure. 16. Miscellaj�eolr.r P��ovi.rioJr.r a. All terms of this Contract shall apply to any and all subcontractors of Contractor who are in any way paid with ESG Funds or who perform any work in connection with Contractor's program. b. The provisions of this Contract are severable, and, if for any reason a clause, sentence, paragraph or other part of this Contract shall be determined to be invalid by a court or Federal or state agency, board or cotntnission having jurisdiction over the subject matter thereof, such invalidity shall not affect other provisions which can be given effect �vithout the invalid provision. c. City's failure to insist upon the performance of any term or provision of this Contract or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to any extent of City's right to assert or rely upon any such term or right on any future occasion. d. Should any action, whether real or asserted, at law or in equity, arise out of the execurion, performance, attempted performance or nonperformance of this Contract, venue for action shall lie in Tarrant County, Texas. e. This written instrument and the eYhibits attached hereto, which are incorporated by reference and made a pa�t of this Contract for all purposes, constitute the entire agreement ESG YEAR 2007-2008 CONTRAC'I' Rev. 06-18-07 Cenikor Foundation, Inc. (Emergency Sheltet) Page 13 between the Parries concerning the work and services to be performed hereunder, and any prior or contemporaneous, oral or written agreement which purports to vary from the terms hereof shall be void. Any amendments to the terms of this Conteact must be in writing and must be approved by each Party. f. All notices required or permitted by this Contract must be in writing and are deemed delivered on the earlier of the date actually received or the third day following (i) deposit in a United States Postal Service post office or receptacle; (u) with proper postage (certified mail, return receipt requested); and (iu) addressed to the other Party at the address set out in the preamble of this Contract or at such other address as the receiving Party designates by proper norice to the sending Party. g. None of the performance rendered under this Contract shall involve, and no portion of the ESG Funds received hereunder shall be used, directly or indirectly, for the construction, operations, maintenance or adi7iinistxation of any sectarian or religious facility or acrivity, nor shall said performance rendered or funds received be utilized so as to benefit, directly or indirectly, any such sectarian or religious facility or activity. h. Contractor represents that it possesses dze legal authority, pursuant to any proper, appropriate and official motion, resolution or action passed or taken, to enter into this Contract and to perform the responsibilities herein required. i. Contractor certifies that it has obtained a 501 (c) (3) Certificate from the Internal Revenue Service. Contractor shall notify City in writing of any changes to its 501 (c) (3) tax-exempt status during the term of this Contract. [SIGNATURES APPEAR ON FOLLOWING PAGE] ESG YEAR 2007-2008 CONTRAC'I' Rev. 06-18-07 Cenikor Foundarion, Inc. (Emergency Shelter) Page 14 IN WITNESS WHEREOF, the Parties hereto have executed three copies of this Contract in Fort Worth, Tarrant County, Texas, this ��� day of _��� , 20 �. CITY OF FORT WORTH ,� By: 1� � t ale A. Fiss e, P. E. Assistant City anager APPROVED AS TO FORM AND LEGALITY: ���.�-c ; JZ�u't--�—'� ��vrCity Attorney ATTEST: , �� City Secretary STATE OF TEYAS COUNTY OF TARRANT CENII�OR FOUNDATI N, C. By: Mr. ill Bailey President/C�O � 1 V C`or.�r.a�� �utl��x�a.z�t�ica� _�yJ.����_„ i��r� This instrument was acknowledged before me on `�t-'�`�� �� , 200�� Uy Dale A. Fisseler, P. E. the Assistant City Manager of the City f Fort Worth, on behalf of the City of Fort Worth. l�� _ � .. �M pNA L. �RISENO _ - ���, � �� � a Np(ary Puhlic, Stale of Texas i'-L -` /' s �— ' ' My Commission Expires Notary Public, State of TeYas '?i �t+� MarG� 07, 2011 STATE OF TEYAS COUNTY OF TARR_ANT This instrument was acknowledged before me on �� U�St � 7 , 200� by Mr. Bill Bailey, the President and CEO of Cenikor Foundarion, Inc. a Texas non-profit corporarion, on behalf of sald coYpoYat-lon. \``�����w111�1E III� Ill�//j�����i ESG YEAR 2007-2008 CONTRACT Cenikor Foundation, Inc. (Emergency Shelter) ,�� PV P Vjv�L�•,,,�� �.20.� A R Y pG<; O � A 'x :, y,, g ' �` Op TE�'* • � �� '�.A!RES �•• � ��°�����9'2009••..���\```\� -� ' �-Y/�.x- Notary Public, S e of Texas � �f ;� � �� � ,; ��� , �}� R'eu, 06=18-07 � : ' I_ ., ,,, �; P;��� 15 � u, .� ✓'}i'u�1'� �. �:: APPENDIX A — CONSTITUTIONAL PROVISION Contractor represents that it is, or may be deemed to be, a religious or denominational institution or an organization operated for religious purposes which is supervised or controlled by or in connection with a religious or denominational institutional or organization. Pursuant to Title 24 CFR CH. V§ 576.23 (a)(i). Contractor agrees that in connection with this contract: a. The organization will not discriminate against any employee or applicant for employment on the basis of religion, and will not limit employment or give preference in employment on the basis of religion; b. The organization will not discriminate against, limit services provided to, or give preference to any person obtaining shelter, other service(s) offered by the project, or any eligible activity pe►•missible undei• the ESG program on the basis of religion and will not limit such service provision or give preference to persons on the basis of religion; and c. 'I'he organization will not provide religious instruction, counseling, religious services, worship (not including voluntary nondenominational prayer before meetings), engage in religious proselytizing, or exert other religious influences in the provision of shelter or other eligible ESG activities under this part. CITY OF FORT WORTH HOUSING DEPARTMENT CONTRACT MANAGEMENT DIVISION REQUESTFORFUNDS AGENCY: Cenikor Foundation, Inc. ao�REss: 2209 South Main Fort Worth, TX 76110 SECTION I (AGENCY) I. Reimbursement Request 1. Expenditures: 2. Income A. Pragram Income B. Cily of Fort Worth C. Interest Earned Funds 3. Reimbursement (1 minus 2) 11. Advance Pay Requests/Repayment III. Reporting Interest 1. Interest over $25 per quarler retumed to Cily of Fort Worth SECTION II (CITY) I. BYSPEED - Purchasing Request A. BYSPEED INPUT: Vendor/PO Number/Requisition Number: B. Fund/AccounUCenter: C. Total Amount of lhis Request: SECTION III I. Verification A. Conlract Compliance Specialist Sherry Johnson (Name) B. BYSPEED - Purchasing (Name) G Accounting (Name) II. Authorization A. Agency Leonard Fisher (Name) B. Assista�t Housing Direclor D.Emerson (Name) C. Housing Director J.C. Walker (Name) esc PRo�Rarn: Emergency Shelter CONTRACT NUMBER: CONTRACTAMOUNT: $1�,68.001 CONTRACT DATE: DATE OF REQUEST: CURRENT MONTH $ $ $ $ G R76/539120/005206183050 (SignaWre) (Signature) (Signature) (SignaWre) (Signature) (Signature) CUMULATIVE $ (Date) (Date) (Date) (Date) (Date) (Date) Note: Any Request for Funds that exceed $8500 require the signature of both Deidra Emerson and Jerome Walker Attachment I Cenikor Foundation, Inc. Agency Emergency Shelter rogram MATCHING FUND SOURCES [a] [bj [c] CITY OF FORT WORTH HOUSING DEPARTMENT CONTRACT MANAGEMENT DIVISION ESG 2007 - 2008 Contract Numer . .•� •� - •�• � ---- -��� ���� ���� ���� ---- ---- ---- ---- ---- ---- ���� ---- ���� ���� ���� ���� ���� ���� ���� � . : � � --- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- � . : � � --- ESG ATTACHMENT II Penod Contractor Cerfification: I certify that lhe costs Incurred are taken from the books of account and that such costs are valid and consistent with the terms of the agreement NAME and TITLE OF AUTHORIZED OFFICER SIGNATURE and DATE CITY OF FORT WORTH HOUSING DEPARTMENT CONTRACT MANAGEMENT DIVISION EXPENDITURE3 WORKSHEET Cenikor Foundation, Inc. Agency Emergency Shelter ATTACHMENT III Contract Number Date To Program Report Period NO DATE CHECK NO PAYEE DESCRIPTION ACCOUNT NO. AMOUNT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 TOTAL TITLE OF AUTHORIZED OFFICER SIGNATURE AND DATE Distribution: 1 copy-Accounting 1 copy-IAGM 1 copy-Agency 1. Name and Address of Sub-Grantee Cenikor Foundation, Inc. 2209 South Main Fort Worth, TX 76110 m Services and Activities City of Fort Worth Contract Management Division ESG Year 2007-2008 Revised 2. Project Name Emergency Shelter 3. Contract No. 4. Date of Request Month 8 Year Current Month Cumulative )irect Benefit Only" umber of New ouseholds and/or ersons Served Extremely Low Low Income Income (030%) (31-50%) rrent Month mulative � usehold Income Reference Chart: Moderate Income Above Moderate Income (51-80%) (80%>) Household Size 1 2 3 4 5 6 7 8 0�30% $13, 300 $15,200 $17,100 $19, 000 $20, 500 $22, 050 $23, 550 $25,100 31 �0% $22, 200 $25, 350 $28, 550 $31, 700 $34, 250 $36, 750 $39, 300 $41, 850 51$0% $35, 500 $40, 550 $45,650 $50, 700 $54, 750 $58, 800 $62, 850 $66, 900 ication: 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 'rf a non- agency, has been approved by ihe goveming body of the organization prior to submission. Date: Submitted by: Phone No. NA CITY OF FORT WORTH Attachment IVB Housing Department ESG Grant Year 2007-2008 1. Cenikor Foundation, Inc 2. Project Name: Emergency Shelter 2209 South Main Fort Worth, TX 76110 3. Contract No: 4. Contract Date: MONTH &YEAR REPORTING Beneficiary by Housing Type: EMERGENCY OR TRANSITIONAL SHELTERS Current Month Cumulative Chronicall Homeless (Emergency Shelter onl Severely Mentally III Chronic Substance Abuse Other Disability Veterans Persons with HIV/AIDS Victims of Domestic Violence Elderly ESG Funding Sources : Funding Amount Current Month Cumulative Total ESG Other Federal Local Government Private Fees Other Total . CERT�ICATION: The undersigned hereby gives assurance that to the best of my knowledge and belief, the data included in this report is true and accurate, and if a non-profit agency, has been approved by the governiug 6ody of the organi7ation prior to submission. Date: Submitted by: 1 of 2 Phone Num: 1. Cenikor Foundation, Inc 2209 South Main Fort Worth, TX 76110 CITY OF FORT WORTH Attachment IVB Housing Department ESG Grant Year 2007-2008 2. Project Name: Emergency Shelter 3. Contract No: 4. Contract Date: MONTH 8� YEAR REPORTING RESIDENTIAL (EMERGENCY OR TRANSITIONAL SHELTERS) Current Month Cumulative Number of Adults Served Number Children Served Total NON-RESIDENTIAL SERVICES Number of Adults and Children Served NUMBER SERVED (INCLUDING RESIDENTIAL AND NON-RESIDENTIAL SERVICES) # Total # Hispanic White: Black/African American: Asian: American Indian/Alaskan Native: Native Hawaiian/Other Pacific Islander: Asian & White: Black/African American & White: Am. Indian/Alaskan Native & Black/African American: Other Multi-Racial: Total: EMERGENCY OR TRANSITIONAL SHELTERS NUMBER OF INDIVIDUAL HIOUSEHOLDS (SINGLES): Current Month Cumulative Unaccompanied 18 and over Male Female Unaccompanied under 18 Male Female NUMBER OF FAMILY HOUSEHOLDS WITH CHILDREN HEADED BY: Current Month Cumulative Single 18 and over Male Female Sin le under 18 Male Female NUMBER OF FAMILY HOUSEHOLDS WITH NO CHILDREN: TOTAL CERTIFICATION: The undersigned hereby gives assurance that to the best of my knowledge and belief, the data included in this report is true and accurate, and if a uon-profit agency, has been approved by the governing body of the organization prior to submission. Date: Submitted by: Phone Num: 2 of 2 CITY OF FORT WORTH HOUSING DEPARTMENT 1. A,gency/Address 2. Project Name: Emer en Shelter Cenikor Foundation, Inc 3. Contract No: 2209 South Main Contract Amount: $10,681 4. Date of Request: Fort Worth, TX 76110 MONTH & YEAR REPORTING: 5. PROGRAM SERVICES AND ACTIVITIES: 6. SCOPE OF WORK NARRATIVE: 7. PROBLEMS ENCOUNTERFD / SOLUTIONS PROPOSED: S. ANTICIPATED ACTNITI' DURING THE NEXT MONTH: r\'1"PACHNiENT V CURIZENT CUMULATIVE 9. CER'1'IFICATION: The uudersigned hereUy gives assutance that to the best of mj� knowledge and belief, the data included in this report is true and accurate, and if a nou-profit agency, has been approved by the governing Uody of the organiz2rion prior to submission. Date: Submitted by: Phone Num: > � � E � � � Q � � � N � � � o � _ � Z �y � Z O � c� � W � � � O�>W � �F-o� � � a Z a w � ,,., �awN y oayi O W � Q � � �a F z Za� L V � O Z Q Z G� +`+ +`.� � � � V O U W a U U 0 � V � _ � N M e}' Lf/ C Z � O U � U C O � � � � 0 � 0 Y C N U N � � a d � N x 0 x � d � C � � � U 2 a> � � x d � a� a� Q a> f� Z d L � � � � V 0 N •� � •� i � '- � a�i N � � � � C� O C '�, '� � � C a ° � N C �� � o � � � c ,� '� o d a �� y o .c c � Y ` � � O O � +� d � � .Q � t 'O � � +�+ O t a r � d � � y c y �� � � N s ca � � > � �� d v� �, � ar d� � o i a 'a C C C � '� � d� � � c � � s � ~ 3 c � O v (0 � C V � w N U ` � � N � � � z N C 0 � a EXHIBIT A PROGRAM SUMMARY CENIKOR FOUNDATION Agency EMERGENCY SHELTER Program June l, 2007 — May 3 l, 2008 $10,681.00 CONTRACT NO. PERIOD AMOUNT SCOPE OF SERVICES Cenilcor provides residents within the Therapeutic Community skills where they learn and practice tools necessary to overcome substance abuse disordeis as well as the destructive behaviars that feed addiction. Cenilcor offers a safe residential setting and employs a hierarchical model with treatments stages that reflect increased levels of personal and social responsibility. Our recovery program involves establishing or re- establishing healthy functioning, skills, and values as opportunities to facilitate individual change. Residents are provided with three meals per day, dorm style living quarters, counseling and are assigned to a case manager who oversees their counseling and recovery program. Work is a fundamental component of the recovery process and is a condition of admission into the program. There are three phases: Orientation/Induction (21-60 days), Primary Recovery Phczse (16 months) and Re-Entry Phase (3-6 months). COUNCIL DISTRICT (S) ALL OF FORT WORTH PROGRAM OBJECTIVES The program objectives far the first 21 — 60 days of the program are for residents to receive orientation/induction, shelter, meals, case management and an individualized recovery service plan, Upon staying 18 + months, clients will have received primary phase recovery services, vocational services that include education (GED and or college courses). After 18 months, residents begin the re-entry or aftercare phase of the service that will include job placement, transitional to permanent housing, establish a bank account and obtain a reliable form of transportation. PROGRAM GOALS Continue to provide the seivices needed to assist residents in their journey to freedom from addiction. PROGRAM SERVICES and ACTIVITIES Total Units of Services for Year Essential Services • Case Management (Annually) 2,148 Residents � �� ��� v� o �, � a � N y � ���" rt � �. m Cn � � �. � _<' m v m cfl W � .� `� � �' s `� 3 m Q a o.. `� N � u�i c� w .� � � c.. csi � j �J J �l C � to c0 co � W � � � L Ut � �l �I J � � c0 cfl c0 — W�1 1 .__1 ,Ii � � � � � .rn � � � � W > � � VI C71 � �J �J �I � � Cfl (O CO rt W � � � O � � � � � � � � w , � � Z �' � � � � < � w � � � � �' �' c�o � c�o c�i c9 W � � � � cn � v v v w � c0 c0 cD 3 w � � � � tsi � J �l �l N � � � � s W � � � Ut � �I J �l Su � CO Cfl Cfl -s w � � .� D � � � � � � � � W � � � � cn � j J �I �I y � to to cD �' N N N �-I � � � � � p p � .A. � .P 'y' � � � � � C) m � � O � O C � Q. � r--F� �• � D m n "� V ! m � C C� m � n _ m � C r m V , N D � � m D � N O O � i N 0 0 � m x 2 W' --I W c� � m �� cn � o o n m � r��7 �o p c� ��� m-I n p T-I � o fn �� m m 2 r-n tn 'o Z „ D T� m�� < <n o: m� T' � ai �°' v°'i m CD O� o° n�Di u�i � C� o��� m C� °-' I'77 m � �7 �l -i n � � � � � v - _. v � m � �D � a c� c� � - -o -o °1 m a�� _�• `Z' w c�i m vi co SN �`� in cn m fl: Co � c�' o-i O(n � cn �� 3 c.��o ,� .o S v�i D m� fA � n. o � � > > � y � o� .o � �• � � � -a � co �D � r cn rn � � � � �' O O m�� Z� m o°� �� � c�'i �' o c Cn �- N fD ��'� D � m� (� m m �� Z -a+ �p � v Gi n a <�i, � Q° �° c N Q* � Z� �° �-1 ^• u�°i v�i cD� � �,,- ,-• °1 m I-D" p C � � � � `�° <, m �. � " � �. � C � �' � a�i n�i � fn �. o' � Z Q o � 3 � C° � ai o ID_' X x x m m� � C� p-. m v, � * rn m a -n Cn � v y c� � � d. d � m fA m m� C� � o `< p N o N v m� m m n ca m -Zi � m o �C� o <N °' �`7 � yP o � d �. n o (7 m � �m�, � 0 � v N 'm � —I � � y r O C v �c�a Q � n o n ��� o v, ia m 3 =i tj '�U o - ` �� °� °1 o v e� cf, tn En ss �' ss >' ss � ss �, ss W o � rn p 7 Iv � w m Ut &3 W 69 CJi E» N Es3 :A CT N�A N J N 6s 6s U7 O O� U�i N Q,--i- (D c n O --> O N(J7 �(17 W W O O� V(D P A�� w ?�A � s OD C77 --� �� O o -�-� O� � o � U7 N J U7 CO V O A �i J N N(Jl W V O� m W O CJ b9 p7 Op N-� O (D � � N '�j v� N O c �I O W N�! O V�(J7 CJ7 .P W OD A O W N N(D V�I ��l CO O(77 O "' 3 Zl O � � � tD � [O O m�� O� N m(Ii CD O O� O� N m O rl O O W�I V o � c� �� in o 0000000 00000 ocn000 00000000 � O" %v 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o C —I � � v� � z � � v�i ci s� s� � D o O . m 3 = � � C�: -i N � � N � o 0 o j Cn ' 0 y -i co � m � °�° � � �� Z o v � � � o p / m Sv a � � o @ o a � 3 � +fl � fp N E» N � o � � � .�-. � � o � iii faA C � fD O (Wj7 � V �J �. p � � � O O y O O O O O � � � � o N o y} -i � o ,� +� D n m � cn �`' cn o � � �� c> cf, cn o --I p�i a �°D � � N C� (n � V O O �l _ � � o V Z p� � G) � � ts� y� � = C � b9 �''� E9 C � � i Efl 07 GJ p7 Z N � � O N O � � O m � O O O � 'y'+- � � O O O � � .bq n i S N V o cn �� bs c-� f» � � � � � O N � W W O (ND � 0.7 � o � N N O .�A. fJ C.�77 A N O � � 07 O O) O� N O � W � � N N O O O O O O O p m � � m -� o i,a � � C =� N � .� � f0 N W � � O 69 EA N 11 CJ7 Go V C+� V N 6� O o -P O ss [�s �n � � o rn ��. �A O O � 00 O O O O Ei� N A v W W U1 O t-» c�ii o � � O � Q7 O O O O O s� 0 CO � O O O � � � � V ? � V W Z � � N 0 � m � � a (D 7 < � � (D .+ N -� m � � -C m D /� N O 0 J I N O O � X S W "i n � —I ��m2r� O O � o� v�D D D D cu � o � � r r � -, � N �D -n � � 3 � � m � �. � �' °' ;U Z o � � � D � � 3 -i � � -� � m � X � � Z D m O � Z � m rn � � < -i c� N m � � � a � � � w c�"s 3 w � O v O W J � 0 0 0 0 0 0 0 0 0 0 0 0 0 0 6 K � � � � � � � � O O O O O O �p �D O O O O O O �p 41 O O O O O O � fl- 0 0 0 0 0 0 � 0 0 0 0 0 0 � s �� 0 000000 �� 0 0 0 0 0 0 (fj N � Q D � O C 7 � � � Z � m � m Z m TI � � -� O a r � D � T N D D � m � {i9 V N � O O y O O Oo �J � Cn � W N 1 v 0 � � o" � -� m � c 0 � rn � v rn -� -o n m � � � � � � Z � D r Ln m � � j C C � i�i t�A N � D � O C � O W N � D r n O z � m � m z n m � D Z v � m � Z D ;(1 � � in O O O O W < m z � � O D r n 2 D �7 � m n O z � rn � m z n o rn n � = D D Z � v � N m o � -i Z O D � trJ � � G� D � O C Z -i � D�� p v r r� � Q_. � r+ �, CD N Q_ '� fCD N"". � 6Crt1 N 6(D r � � ca m sp ,<' � 05' � D� o 2� � � � Q' D m D c v � X ni co � G� 0 -n � rn � � z � m � t� � 0 �I.: � � O O --i W N � 0 � r c W �' � C n m v � z � G) r D � m � O D r C� � _ � D rn � o m o -� x m � rn x � m o N 2 (m/> D � 0 0 0 0 0 0 0 o G� 0 0 0 0 0 0 0 0 ►n � --� O � G� ���� � W � O O N Cn -� Z ffl N �I Cn Oo --{ W W N �1 O (D O � � � O O O O 0 O O O O 0 Oc n r D � .� � N O � w � � w z o0 o c � � p v D � � r m m ,i D o�T' --I 1'I (7 OQ O v> -I -� � m � � k� C D � m D y� � O N C � Z N '� j O O O t�4n`�f» < .PNNN m nNirn�rn D w co a. � � G� 0o in o a� O m ca o0 0o rn Z C� �O =cn � c -� � v v � � m m -�i �7 N v m � z rD-- � N N N N � ���� Cn N l� N o�.tico �I Oo N Cn ? W 00 �P � fJi CO O O O O O O O O O C � � m � � "1l � O Z � _ � D � O C z --� � N s � C7 a � r �' O �' � r T � N n y m `D m A c v � rn z -� � rn z -i a r � N cn 0 0 0 � 0 � � � 0 � 0 -� m � -� 0 -� D r n S D �J G� m 0 c� _ D �7 � m 0 -1 O t� � 4� � N � O 7 � � N h9 {!) � 0 W W z O O O O � O O O O O O � O � � n m rn p c v � m z -i .'U rn z � D r EXHIBIT "D" AUDIT SCHEDULE INDEPENDENT AUDIT REQUIREMENT BUSINESS/AGENCY NAME: PROGRAM: E S G yE�4R: AMOUNT FUNDED: CElVIKOR FOUNDATION EMERGENCY SHELTER 06/Ol/07 - 05/31/08 $10,681.00 Name of Independent Auditor who will perform agency audit: Independent Auditor to be contracted during ESG contract period. Date audit is to be performed: Within 60 days of completion of ESG funded project. The following language is a condition of your contract with the City: (1) For all contracts in which Contractor is cumulatively receiving federal monies in the amount of $500,000 or more, Contractor must submit to City an annual audit prepared in accordance with 24 CFR Sections § 570.502-570.503 generally, with specific reference to OMB Circulars (with attachments) A-122 and A-133 as appropriate. The audit may cover either Contractor's fiscal year during which this contract is in force or cover the period of this contract. T'he audit must be prepared by an independent certified public accountant, be conpleted within nine ( 9) months following the end of the period being audited and be submitted to City within thirty (30) days of its completion. Contractor's audit schedule is attached hereto as Exhibit D- Audit Schedule. Costs of prepararion of this audit may be an allowable expenditure of ESG funds in an amount proportional to that of the ESG funds used in contractor's total agency operating budget. This form is to be completed and submitted to the Housing Department, Contract Management Division at the beginning of each contract year. �� � ��'° � l��"` �` � Signature �- � �--�� # �" ` d � % EXHIBIT E CONFLICT OF INTEREST All Applicants The standards in OMB Circular A-110, Subpart C, provide that no employee, officer, or agent shall participate in the selection, award, or administration of a contract supported by Federal funds if real or apparent conflict of interest would be involved. Such a conflict would arise when an employee, officer, or agent, any inember of his or her immediate family, his or her partner, or an organization which employs ar is about to employ any of the parties indicated herein, has a financial or other interest in the firm selection for an award. CDBG and HOME Applicants Only The CDBG regulations at 24 CFR 570 570.611 and HOME regulations at 24 CFR 92356 provide that no person who is an employee, agent , consultant, officer, or elected official or appointed official of the recipient or Sub recipient that are receiving CDBG or HOME funds and (1) who exercises or has exercised any functions or responsibilities with respect to activities assisted with CDBG fiinds; or (2) who is in a position to participate in a decision-making process or gain inside information with i•egard to these activities, may obtain a financial interest fi�om a CDBG-assisted or HOME-assisted activity, or have any interest in any contract, subcontract, or agreement with respect thereto, or the proceeds there under, either• for themselves or those with who they have family or business ties, during their tenure or foi• one (1) yeai• thereafter. IF NO CONFLICTS EXIST, COMPLETE THE FOLLOWING: I cei�tify that no conflict of interest exists between The City of Fort Worth and Cenikor Foundation � I certify that no conflict of interest exists between the subcontractois of and (Name of Organization) IF THERE IS A CONFLICT, COMPLETE THE FOLLOWING: � I certify that a conflict of interest does exist between The City of Fort Worth and (Name of Organization) � I certify that a conflict of interest does exist between and (Name of subcontractor) (Name of Organization) Describe the nature of the conflict of interest belo��F: (Please identify the individual, employment, and the conflict or potential conflict [their affiliation �vith your ��_> � i.� �;� � �' �' Authorized Agency Leonard Fisher, Regional Vice President Typed Name and Title CE i OR A PLACE FOR CHANGE June 13, 2007 To Whom It May Concern: City Council Woman, Wendy Davis, is a member of our Advisory Council. As such she does not serve in a decision malcing capacity, but only in an Advisory role. Therefare we feel this is not a conflict of interest. Sincerely, �a ,n �l .. : , ' �. ' �,� �, � : -� �� d��-���,- , ` �- � Leonard Fisher Regional Vice President CENIKOR FOUNDATION, INC. Fort ��'or�tli Fncilitr 2?0� ti�uth �lain �uze� /Fort A�'ortll_ �I��as �bl l�l.i,tl;.�)Zl.Zi � 1 / J�ix�: �IZy�6-0301 i (oI1 f�rc �00.49� �-+11 1. NAME AND ADDRESS OF SUB-GRANTEE Cenikor Foundation, Inc. 2209 South Main Fort Worth, TX 76110 Match Funds Report CITY OF FORT WO12'TH HOUSING DEPARTMENT ESG 2007-2008 i. PROJECTNAME: Emereencv Shelter 3. CONTRACT NO: -1. CON'I`RACT DATE: S. DATE OF REQUEST: This attachment is designed to review a sub grantee's fmancial documentation to assess compliance with the required Emergency Shelter Grant (ESG) match portion at 24 CFR 576.51. ESG funds are matched dollar-for-dollar for each program year allocation. "Program year" refers to a fiscal year's allocation of funds to recipients to operate projects or programs. One attachment is to be completed for each grant under review for with ESG grant funds have been expended. City of Fort Worth ESG Funds $ Total ESG Match$ 1. SOURCES OF LOCAL MATCH: Other Federal (including pass-through funds, e.g., City CD�G, County �EMA, etc.) 1VIATCH SOURCE MATCH AMOUNT $ $ TOTAL MATCH $ 2. STATE/LOCAL GOVERNMENT �UNDING: (e.g., State Housing Trust Funds, Local Assessment, etc.) MATeH SOURCE MATCH AMOUNT $ $ TOTAL MATCH $ Match Funds Report CITY OF FORT WORTH HOUSING DEPARTMENT ESG 2007-2008 3. PRiVATE (including recipient) FUNDING: MATCH SOURCE MATCH $ AMOUNT Fund Raising/Cash $ Loans $ Building Value or Lease $ Donated Goods $ Donated Computers $ New Staff Salaries � Volunteers ($5/hr) $ Volunteer Medical/Legal $ TOTAL MATCH $ Comments: CERTIFICATION: The undersigned hereby gives assurance that to the best of my knowledge and belie£, the data included in this report is true and accurate, and if a non-profit agency, has been approved by the governing body of the organi7ation prior to submission. I)ate: Submitted by: Phone Num: � Page 1 of 3 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 6/19/2007 DATE: Tuesday, June 19, 2007 LOG NAME: 05060507ACTIVIT REFERENCE NO.: C-22201 SUBJECT: Authorize Execution of Community Development Block Grant Year XXXIII, Emergency Shelter Grant Year 2007-2008 and Housing Opportunities for Persons with AIDS 2007-2008 Contracts t� - �� _�...��.��. aw� .. _ h � =u__.,.a.�..�.. �.�.a. �,..� � � �.... �.. , ,�_� , , .�_.. - - �� RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to execute Community Development Block Grant (CDBG) Year XXXIII, Emergency Shelter Grant (ESG) Year 2007-2008 and Housing Opportunities for Persons with AIDS (HOWPA) Year 2007-2008, contracts with the listed organizations to administer their respective programs, contingent upon approval and receipt of adequate funding from the U.S. Department of Housing and Urban Development (HUD), for a term beginning June 1, 2007, and ending May 31, 2008; 2. Authorize the City Manager to extend or renew the contracts for up to one year if an organization requests an extension and such extension is necessary for completion of the project; and 3. Authorize the City Manager or his designee to amend the contract, if necessary, to achieve program goals, provided the amendment is within the scope of the project and in compliance with all applicable laws and regulations governing the use of federal grant funds. I. Community Development Block Grant (CDBG) Organization Centro Cultural de las Americas Southside Youth Association Summerbridge-Summerbridge Program Cooks Children's-Save A Smile ESTRELLAS-Boys and Girls Clubs All Church Home (Bridge)-Buffalo Soldiers JMAC Youth Center Latin Arts Association-Theater Skills Program Clayton Child Care- Greenbriar CJ's Studio of Performing Arts Near Northside Partners Council Women's Center-Play It Safe YWCA-Child Development Child Care Associates-Pre-School Child Care FWHA-AMAKA Child Care Center Clayton Child Care-School Age Child Care Tarrant Area Food Bank-Community Kitchen http : //www. cfwnet. org/council�acket/Reports/mc�rint. asp Amount (Not to Exceed) $20,077.00 $10,000.00 $22,500.00 $24, 300.00 $16,000.00 $16,200.00 $25,000.00 $12,600.00 $18,000.00 $12,096.00 $16,639.00 $19,683.00 $135,000.00 $117,000.00 $27, 000.00 $54,000.00 $20,000.00 9/12/2007 Bottle Bounty Deposit Senior Citizens Services of Tarrant County-COMO Senior Citizens Services of Tarrant County-RIVERSIDE Meals on Wheels Mental Health Associaton of Tarrant County-OMBUDSMAN Mental Health Associaton of Tarrant County-Mental Health Advocate United Community Centers-Crisis Intervention Northside Interchurch Agency Day Resource Center Security NSEAM MASS, Inc. REACH, Inc.- Project Ramp YWCA-Ben & Jerry's Job Trainng/Job Placement Fort Worth SER-Northside Resource Center A-Prep Center of Tarrant County TOTAL CDBG: II. Emergency Shelter Grant (ESG� Organization YWCA-Supportive Living Cornerstone Assistance Presbyterian Night Shelter Cenikor Foundation SafeHaven of Tarrant County Presbyterian Night Shelter Mental Health Mental Retardation of Tarrant County YWCA-My Own Place Parents And Chldren Together, Inc. Safehaven of Tarrant County-Childcare TOTAL ESG: III. Housing Opportunities for Persons with HIV/AIDS (HOPWA) Organization AIDS Outreach Tarrant county Samaritan Housing AIDS Outreach Rural Texas TOTAL HOPWA: DISCUSSION: Page 2 of 3 $20,000.00 $17,597.00 $15,271.00 $33,696.00 $17,500.00 $24, 750.00 $18,000.00 $23,436.00 $21, 870.00 $17,000.00 $30,000.00 $15,000.00 $14,748.00 $46,800.00 $67,197.00 $948,960.00 Amount (Not to Exceed► $10, 742. 00 $13,000.00 $136,177.00 $10,681.00 $17,700.00 $11,864.00 $12,650.00 $15, 331.00 $16,521.00 $12,700.00 $257,366.00 Amount (Not to Exceed) $436,242.00 $248,170.00 $114,198.00 $798,610.00 On April 10, 2007, the City Council adopted the budgets and the appropriation ordinance increasing estimated receipts and appropriations for the Year XXXII I(June 1, 2007 to May 31, 2008) Community Development Block Grant (CDBG) grant funds, (2007-2008) Emergency Shelter Grant (ESG) grant funds and (2007-2008) Housing Opportunities for Persons with AIDS (HOPWA) grant funds as part of the City's Consolidated Plan and Consolidated Action Plan. The Consolidated Plan, as adopted by the City Council, included program descriptions on each program listed above. http://www.cfwnet.org/council�acket/Reports/mc�rint.asp 9/12/2007 Page 3 of 3 The above programs are consistent with the City's approved funding policies and priorities. Each program meets the requirements of the Department of Housing and Urban Development (HUD) regulations defining "eligible activity." These programs provide services citywide. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds will be available in the current operating budget as appropriated, in the Grants Fund contingent upon approval and receipt of adequate funding from the U.S. Department of Housing and Urban Development (HUD) for the term beginning June 1, 2007, and ending May 31, 2008. TO Fund/Account/Centers Submitted for City Manager's Office bv: Originatin� Department Head: Additional Information Contact: FROM Fund/AccountlCenters GR76 539120 005206184XXX $798,610.00 GR76 539120 005206183XXX $257,366.00 GR76 539120 005206180XXX $948,960.00 Dale Fisseler (6266) Jerome Walker (7537) Deidra Emerson (7563) http://www.cfwnet.org/council�acket/Reports/mc�rint.asp 9/12/2007