HomeMy WebLinkAboutContract 35722 CITY SECRETARY
CONTRACT NO.
STATE OF TEXAS §
COUNTY OF TARRANT §
THIS contract ("Contract's 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 Presbyterian Night Shelter
("Contractor"),whose address is 2400 Cypress Street, Fort Worth,TX 76102, acting by and through
Ms. Carol Klocek, its duly authorized Executive Director. (Sometimes City and Contractor are
referred to individually as a "Party" and collectively as the "Parties".)
WHEREAS, City has received grant monies from the United States Department of Housing
and Urban Development ("HUD") under Subtitle B of Title IV of the McKinney-Vento Homeless
Assistance Act, as amended, (42 USC 11371 et seq.) in connection with the Emergency Shelter
Grants ("ESG' program, Grant No. S-07-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 Services
a. Contractor will administer Emergency Shelter services to City citizens under the program
name Homeless Shelter("Program"), for the term June 1, 2007 to May 31, 2008.
b. Contractor will be responsible for administering the Program in a manner satisfactory to
City and consistent with any standards required as a condition of providing the ESG funds,
as hereinafter defined. The Program will include the following activities: Contractor will
provide the services and activities as set forth in Exhibit A-Program Summary in
accordance with Exhibit B-Program Services Schedule.
C. Contractor agrees to provide the activities benefiting homeless persons, or persons at risk of
becoming homeless, and to maintain full documentation supporting fulfillment of these
activities in its files. All such documentation shall be furnished to City upon request if
necessary for City to fulfill its obligations under its Federal grant. If this documentation is
not maintained and furnished to City on request, City may exercise all remedies available
under this Contract,including the right to withhold payment to Contractor on this Contract
or any other contract with Contractor,or terminate this Contract as described herein.
d. City will monitor and evaluate Contractor's performance using the goals and performance
standards required in this Contract. Substandard performance as ete-,7 ty
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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.
e. 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.
f. Contractor agrees to take reasonable steps to ensure meaningful access to the Program and
associated activities by limited English proficient persons.
2. Compensation and Method of Payment
a. City will disburse ESG Year 2007-2008 funds ("ESG Funds") in an amount up to ONE
HUNDRED THIRTYSIX THOUSAND ONE HUNDRED SEVENTY-SEVEN NO/100
DOLLARS ($136,177.00) 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 11-
Detail Statement of Costs, and (3) Attachment III-Expenditures Worksheet. Payment by
City to Contractor shall require completion of all City forms and copies of adequate
supporting documentation verifying eligibility of expenses as well as, where applicable,
eligibility of Program participants. Reimbursement for the payment of eligible expenses
shall be made against the budget specified in Exhibit C-Program Operating Budget or its
revised version, and in accordance with performance specified in Exhibit B-Program
Services Schedule. City will not disburse funds for expenditures that occurred prior to the
beginning date of the term of this Contract.
c. Contractor agrees to utilize all disbursed 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 written approval. Contractor acknowledges and agrees that any ESG
Funds not used in accordance with the ESG Regulations and the terms of this Contract will
be repaid to City.
d. It is understood that the total cost for operation of this Program $2,415,000.00 and that
Contractor will obtain from other sources the remaining funds in excess of the ESG Funds
as detailed in Exhibit C-Program Operating Budget. Contractor will notify City
promptly of any additional funds it receives for operation of the Program, and City reserves
the right to amend Exhibit C-Program Operating Budget in such instances.
e. Contractor agrees to keep all ESG Funds on hand in interest bearing accounts. All interest
earned shall be reported to City on a monthly basis, at the same time as submission of the
monthly report following the end of the Contract month during which the interest was
earned. Interest in an amount of $25.00 or less per month may be used for authorized
Program expenses. These amounts must be reported on the monthly financial statements
filed pursuant to this Contract. Interest earned in excess of $25.00 per month is subject to
remittance to City as directed by City.
f. Contractor will not commingle ESG Funds with any other funds in any manner that would
prevent City from readily identifying expenditures for operation of the Program.
3. Uniform Administrative Requirements and Program Management Standards
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a. Financial Management
i. Accounting Standards
The Contractor agrees to comply with OMB Circular A-110, "Uniform Administrative
Requirements for Grants and Agreements with Institutions of Higher Education,
Hospitals and other Non-Profit Organizations", and agrees to adhere to the accounting
principles and procedures required therein, utilize adequate internal controls, and
maintain necessary source documentation for all costs incurred.
ii. Cost Principles
Contractor shall administer the Program in conformance with OMB Circular A-122,
"Cost Principles for Non-Profit Organizations" and attachments and revisions thereto,
regarding principles for determining costs for the Program.
b. Documentation and Record Keeping
i. Requirement
Contractor shall maintain all records pertinent to the activities to be funded under this
Contract required in 24 CFR § 570.506. In addition, Contractor agrees to keep records
to fully document all expenditures charged to the ESG portion of the Program including
records documenting the eligibility of Program participants as more particularly
described herein. The documentation must support the amounts charged to the
Program, the eligibility of the Program participants, and demonstrate that the
expenditures were appropriate to the stated goals of the Program and allowable and/or
eligible under applicable Federal, state and City guidelines.
ii. Retention
(1) All records pertaining to Program shall be retained for four (4) years following the
termination of this Contract. Contractor may destroy Program records at the end of
this four (4) year period if no outstanding audit finding exists.
(2) Contractor will retain any Program loan records until four (4) years after the
expiration of any loan.
iii. Real Property Records
Contractor shall maintain real property inventory records that clearly identify properties
purchased, improved, or sold. Properties retained shall meet eligibility criteria and shall
conform to the requirements of 24 CFR § 570.505.
iv. Closeouts
Contractor's obligation to City shall not end until all closeout requirements are
completed. Activities during this closeout period shall include, but are not limited to:
making final payments, disposing of Program assets (including the return of all unused
materials, equipment, unspent cash advances, Program income balances, and accounts
receivable to City), and determining the custodianship of records.
v. Audits and Inspections
(1) City, HUD, and the United States Comptroller General, or their respective
representatives, shall have access to any books, documents, records and papers
relating to the operations of Contractor under this Contract for the purpose of
audit, examination, exception and transcription at all of Contractor's offices at all
reasonable hours.
(2) All non-federal entities that expend $500,000 or more in Federal funds within one (1)
year, regardless of the source of the Federal award, must submit to City an annual
audit prepared in accordance with 24 CFR Sections § 570.502-570.503 generally,with
specific reference to OMB Circulars (with attachments) A-122, "Cost Principles for
Non-Profit Organizations", and A-133, "Audits of States, Local Governments, and
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Non-Profit Organizations", as appropriate. The audit may cover either Contractor's
fiscal year during which this Contract is in force or cover the period of this Contract.
The atidit must be prepared by an independent certified public accountant, be
completed within nine (9) months following the end of the period being audited and
be submitted to City within thirty (30) days of its completion. Contractor's audit
certification is attached hereto as Exhibit D - Audit Schedule Independent Audit
Requirement. The Audit Schedule Form must be submitted to City within sixty (60)
days of the end of the period being audited (Contractor's fiscal year). Costs of
preparation of this audit may be an allowable expenditure of ESG Funds in an
amount proportional to that of the ESG Funds used in Contractor's total agency
operating budget. Non-profit entities that expend less than $500,000 a year in
Federal funds are exempt from Federal audit requirements for that year, but records
must be available for review or audit by appropriate officials of the Federal agency,
City, and General Accounting Office ("GAO").
(3) City reserves the right to perform an audit of Contractor's agency operations and
finances at any time during the term of this Contract, if City determines that such
audit is necessary for City's compliance with OMB Circular A-133. Contractor
agrees to allow access to all relevant books, records and materials. If such audit
reveals a questioned practice or expenditure, such questions must be resolved within
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.
(4) If as a result of any audit it is determined that Contractor has misused,misapplied or
misappropriated all or any part of the ESG Funds, Contractor agrees to reimburse
the City the amount of such monies so misused, misapplied or misappropriated, plus
the amount of any sanction, penalty or other charge levied against City because of
such mi�use,misapplication or misappropriation.
4. Reporting Procedures
a. Financial Reports
Contractor will submit to City on a monthly basis: (1) Attachment I-Request for Funds, (2)
Attachment II-Detailed Statement of Costs, (3) Attachment III-Expenditures Worksheet, as
applicable, for expenses incurred for services and activities accomplished by Contractor in
performance of this Contract. Actual cash receipts for claimed expenditures must be
provided at the time the request for funds is presented. The reports must be signed by a
duly authorized agent of the Contractor and submitted by the 15th 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
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and activities undertaken by Contractor in performance of this Contract. The report will be
signed by a duly authorized agent of Contractor and submitted by the 15'' 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 Contract.
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 expend ESG Funds only if program income is insufficient to meet all
eligible Program activity expenses. Contractor agrees to return to City at the end of the
Contract any remaining program income earned from operation of the Program in
proportion to the amount of ESG Funds in Exhibit A-Program Summary and Exhibit B-
Program Operating Budget.
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.
ii. Contractor will obtain and keep on file and furnish to City on request the following
information and/or documentation on each Program participant served by the Program
demonstrating such participant's eligibility for services provided,where applicable:
a. Participant'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
Information 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 (TX-601). Contractor shall submit documentation to the City for such
participation on quality basis.
5. Reversion of Assets
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a. Contractor agrees to return to City any ESG Funds remaining on hand at the end of the
Contract.
b. All property purchased with ESG Funds under this Contract will be used solely for
operation of the Program. Contractor agrees to obtain City approval prior to purchase of
property and Contractor agrees to notify City upon receipt of property so that it may be
properly tagged and inventoried. Title to such property will be vested in City, and
Contractor will deliver all such property to City for disposition at City's sole discretion at the
termination of the Program.
6. Applicable Laws
a. Federal
Contractor agrees to comply with the following laws and the applicable regulations as they
are currently written or are hereafter amended during performance of this Contract:
• Subtitle B of Title IV of the McKinney-Vento Homeless Assistance Act, as amended,
(42 USC 11371 et seq.)
• Regulations at 24 CFR Part 576 pertaining to Emergency Shelter Grants Program ("ESG
Regulations")
• Title VIII of the Civil Rights Act of 1968 (42 USC 3601 et seq.)
• Executive Orders 11063, 11246, as amended by Executive Orders 11375 and 12086 and
as supplemented by 41 CFR Part 60
• The Age Discrimination in Employment Act of 1967 (29 USC 621)
• The Age Discrimination Act of 1975 (42 USC 6101 et seq.)
• Section 504 of the Rehabilitation Act of 1973 (29 USC 794 et seq.) and 24 CFR Part 8
where applicable
• The Americans with Disabilities Act of 1990 (42 USC 12101 et seq.)
• National Environmental Policy Act of 1969, as amended, 42 USC 4321 et seq. ("NEPA")
and the related authorities listed 24 CFR Part 58
• The Clean Air Act, as amended (42 USC 7401 et seq.), the Clean Water Act of 1977, as
amended (33 USC 1251 et seq.) and the related EPA regulations at 40 CFR Part 15, as
amended from time to time, and Executive Order 11738. In no event shall any amount
of the assistance provided under this Contract be utilized with respect to a facility that
has given rise to a conviction under the Clean Air Act or the Clean Water Act.
• The Immigration Reform and Control Act of 1986 (8 USC 1101 et seq.), specifically
including the provisions requiring employer verification of the legal status of its
employees
• The Housing and Community Development Act of 1987 (42 USC 5301 et seq.)
• The Americans with Disabilities Act of 1990 (42 USC 12101 et seq.)
• Drug Free Workplace Act of 1988 (41 USC 701 et seq.) and 24 CFR Part 23, Subpart F
• Regulations as 24 CFR Part 87 related to lobbying, including the requirement that
certifications and disclosures be obtained from all covered persons
• Executive Order 12549 and 24 CFR Part 5.105 (c) pertaining to restrictions on
participation by ineligible, debarred, or suspended persons or entities.
b. Section 3 of the Housing and Urban Development Act of 1968, as amended, (12 USC 1701u
et seq.)and its related regulations at 24 CFR Part 135
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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.
1701 u (section 3). The purpose of Section 3 is to ensure that employment and other
economic opportunities generated by HUD assistance or HUD-assisted projects
covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very
low-income persons, particularly persons who are recipients of HUD assistance for
housing.
B. The Parties to this contract agree to comply with HUD's regulations in 24 CFR Part
135, which implement Section 3. As evidenced by their execution of this contract, the
Parties to this contract certify that they are under no contractual or other impediment
that would prevent them from complying with the Part 135 regulations.
C. The contractor agrees to send to each labor organization or representative of workers
with which the contractor has a collective bargaining agreement or other
understanding, if any, a notice advising the labor organization or workers'
representative of the contractor's commitments under this section 3 clause, and will
post copies of the notice in conspicuous places at the work site where both employees
and applicants for training and employment positions can see the notice. The notice
shall describe the Section 3 preference, shall set forth minimum number and job titles
subject to hire, availability of apprenticeship and training positions, the qualifications
for each; and the name and location of the person(s) taking applications for each of
the positions; and the anticipated date the work shall begin.
D. The contractor agrees to include this section 3 clause in every subcontract subject to
compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action,
as provided in an applicable provision of the subcontract or in this Section 3 clause,
upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part
135. The contractor will not subcontract with any subcontractor where the contractor
has notice or knowledge that the subcontractor has been found in violation of the
regulations in 24 CFR Part 135.
E. The contractor will certify that any vacant employment positions, including training
positions, that are filled (1) after the contractor is selected but before the contract is
executed, and (2) with persons other than those to whom the regulations of 24 CFR
Part 135 require employment opportunities to be directed, were not filled to
circumvent the contractor's obligations under 24 CFR Part 135.
F. Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions,
termination of this contract for default, and debarment or suspension from future
HUD assisted contracts.
G. With respect to work performed in connection with Section 3 covered Indian housing
assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act
(25 U.S.C. 450e) also applies to the work to be performed under this contract. Section
7(b) requires that to the greatest extent feasible (i) preference and opportunities for
training and employment shall be given to Indians, and (ii) preference in the award of
contracts and subcontracts shall be given to Indian organizations and Indian-owned
Economic Enterprises. Parties to this contract that are subject to the provisions of
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section 3 and section 7(b) agree to comply with Section 3 to the maximum extent
feasible,but not in derogation of compliance with section 7(b)."
City and Conttactor understand and agree that compliance with the provisions of Section 3,
the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of HUD
shall be a condition of the Federal financial assistance provided to the Program, binding
upon City and Contractor, and their respective successors, assigns and subcontractors.
Failure to fulfill these requirements shall subject Contractor and its subcontractors, and their
respective successors and assigns, to those sanctions specified by the Grant Agreement
through which Federal assistance is provided and to such sanctions as are specified by 24
CFR Part 135.
c. Other Laws
Contractor covenants and agrees that its officers, members, agents, employees, Program
participants and subcontractors shall abide by and comply with all other laws, Federal, state
and local, relevant to the performance of this Contract, including all applicable City
ordinances, rules and regulations and Subtitle B of Title IV of the McKinney-Vento
Homeless Assistance Act, as amended, (42 USC 11371 et seq.), 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 Regulations and that it will fully comply with them. It is
agreed and understood that, if City notifies Contractor of any such violation on the part of
Contractor or any of its officers, members, agents, employees, Program participants or
subcontractors, then Contractor shall immediately desist from and correct such violation.
7. Nondiscrimination
a. Contractor will not unlawfully discriminate against any person or persons because of sex,
race, religion, age, disability, color, national origin, or familial status, nor will Contractor
permit its officers, members, agents, employees, subcontractors or Program participants to
engage in such discrimination.
b. Contractor covenants that neither it nor any of its officers, members, agents, employees,
Program participants or subcontractors, while engaged in performing this Contract, shall, in
connection with the employment, advancement or discharge of employees or.in connection
with the terms, conditions or privileges of their employment, discriminate against persons
because of their age except on the basis of bona fide occupational qualification, retirement
plan or statutory requirement.
C. Contractor further covenants that neither it nor its officers, members, agents, employees,
subcontractors, Program participants, or persons acting on their behalf, shall specify, in
solicitations or advertisements for employees to work on this contract, a maximum age limit
for such employment unless the specified maximum age limit is based upon a bona fide
occupational qualification,retirement plan or statutory requirement.
d. In accordance with the provisions of the Americans With Disabilities Act of 1990 ("ADA"),
Contractor warrants that it and any and all of its subcontractors will not unlawfully
discriminate on the basis of disability in the provision of services to the general public, nor
in the availability, terms and/or conditions of employment for applicants for employment
with Contractor, or employees of Contractor or any of its subcontractors. Contractor
warrants it will fully comply with ADA's provisions and any other applicable Federal, state
and local laws concerning disability and will defend, indemnify and hold City harmless
against any claims or allegations asserted by third parties or subcontractors against City
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arising out of Contractor's and/or its subcontractors' alleged failure to comply with the
above-referenced laws concerning disability discrimination in the performance of this
Contract.
e. This Contract is made and entered into with reference specifically to the ordinances codified
at Chapter 17,Article III, Division 3 "Discrimination in Employment Practices", of the City
Code, and Contractor hereby covenants and agrees that Contractor, its officers, members,
agents, employees and subcontractors, have fully complied with all provisions of same and
that no employee, employee-applicant or Program participant has been discriminated against
by the terms of such ordinances by either the Contractor or its officers, members, agents,
employees or subcontractors.
8. Prohibition Against Interest
a No member, officer or employee of City or its designees or agents; no member of the
governing body of the locality in which the Program is situated; and no other public official
of such locality or localities, who exercises any functions or responsibilities with respect to
the Program funded hereunder during his or her tenure or for one year thereafter, shall have
any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for
work to be performed hereunder. Contractor shall incorporate, or cause to be incorporated
like language prohibiting such interest in all contracts and subcontracts entered into in
connection with'the Program.
b. No member, officer, employee, or Program participant of Contractor or its subcontractors
shall have a financial interest, direct or indirect, in this Contract or the ESG Funds
transferred hereunder or be financially interested, directly or indirectly, in the sale to
Contractor of any land, materials, supplies or services purchased with any ESG Funds
transferred hereunder, except on behalf of Contractor, as an officer, employee, member or
Program participant. Any willful violation of this paragraph with the expressed or implied
knowledge of Contractor or its subcontractors shall render this Contract voidable by City.
9. Minority and Women Business Enterprise Commitment
Contractor agrees to abide by City's policy to involve Minority and Women Business Enterprises
(MWBEs) in all phases of its procurement practices and to provide them an equal opportunity
to compete for contracts for construction, provision of professional services, purchase of
equipment and supplies and provision of other services required by City. Contractor agrees to
incorporate City Ordinance No. 15530, and all amendments or successor policies thereto, into all
contracts and will further require all persons or entities with whom it contracts to comply with
said Policy.
10. Non Assignment
No assignment or delegation of duties under this Contract by Contractor shall be effective
without City's prior written approval.
11. Independent Contractor
a. Contractor shall operate hereunder as an independent contractor and not as an officer,
agent, servant or employee of City. Contractor shall have exclusive control of, and the
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exclusive right to control, the details of the work and services performed hereunder, and all
persons performing same, and shall be solely responsible for the acts and omissions of its
officers, members, agents, servants, employees, subcontractors, Program participants,
licensees or invitee. The doctrine of respondeat superior shall not apply as between City and
Contractor, its officers, members, agents, servants, employees, subcontractors, Program
participants, licensees or invitees, and nothing herein shall be construed as creating a
partnership or joint enterprise between City and Contractor. It is expressly understood and
agreed that no officer, member, agent, employee, subcontractor, licensee or invitee of the
Contractor, nor any Program participant hereunder, is in the paid service of City and that
City does not have the legal right to control the details of the tasks performed hereunder by
Contractor, its officers, members, agents, employees, subcontractors, Program participants,
licensees or invitees.
b. City shall in no way nor under any circumstances be responsible for any property belonging
to Contractor, its officers, members, agents, employees, subcontractors, Program
participants, licensees or invitees, which may be lost, stolen, destroyed or in any way
damaged; and Contractor hereby indemnifies and holds harmless City and its officers,
agents, and employees from and against any and all claims or suits.
12. Indemnification, Insurance and Bonding
a. CONTRACTOR COVENANTS AND AGREES TO INDEMNIFY, HOLD
HARMLESS AND DEFEND, AT ITS OWN EXPENSE, CITY AND ITS
OFFICERS, AGENTS, SERVANTS AND EMPLOYEES FROM AND AGAINST
ANY AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE
AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL
PERSONS, OF WHATSOEVER KIND OR CHARACTER,WHETHER REAL OR
ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THE
EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE OR
NONPERFORMANCE OF THIS CONTRACT AND/OR THE OPERATIONS,
ACTIVITIES AND SERVICES OF THE PROGRAM DESCRIBED HEREIN,
WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY ALLEGED
NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES,
CONTRACTORS OR SUBCONTRACTORS OF CITY; AND CONTRACTOR
HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY OF CITY AND
ITS OFFICERS,AGENTS, SERVANTS,AND EMPLOYEES FOR ANY AND ALL
CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR
PERSONAL INJURY, INCLUDING DEATH,TO ANY AND ALL PERSONS, OF
WHATSOEVER KINDS OR CHARACTER, WHETHER REAL OR ASSERTED,
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,
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ARISING OUT OF OR IN CONNECTION WITH ALL ACTS OR OMISSIONS
OF CONTRACTOR, ITS OFFICERS, MEMBERS, AGENTS, EMPLOYEES,
SUBCONTRACTORS, INVITEES, LICENSEES, OR PROGRAM
PARTICIPANTS, OR CAUSED, IN WHOLE OR IN PART, BY ALLEGED
NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES,
CONTRACTORS OR SUBCONTRACTORS OF CITY.
CONTRACTOR AGREES TO AND SHALL RELEASE CITY, ITS AGENTS,
EMPLOYEES, OFFICERS AND LEGAL REPRESENTATIVES FROM ALL
LIABILITY FOR INJURY, DEATH, DAMAGE OR LOSS TO PERSONS OR
PROPERTY SUSTAINED IN CONNECTION WITH OR INCIDENTAL TO
PERFORMANCE UNDER THIS CONTRACT, EVEN IF THE INJURY,
DEATH, DAMAGE OR LOSS IS CAUSED BY THE CITY'S SOLE OR
CONCURRENT NEGLIGENCE.
CONTRACTOR SHALL REQUIRE ALL OF ITS SUBCONTRACTORS TO
INCLUDE IN THEIR SUBCONTRACTS A RELEASE AND INDEMNITY IN
FAVOR OF THE CITY IN SUBSTANTIALLY THE SAME FORM AS ABOVE.
b. Contractor will maintain blanket fidelity coverage in the form of a bond in the amount of
$11,864.00 to insure against loss from the fraud, theft or dishonesty of any of Contractor's
officers, agents, trustees, directors or employees. The proceeds of such bond shall be used
to reimburse City for any and all loss of ESG Funds occasioned by such misconduct. To
effectuate such reimbursement, such bond shall include a rider stating that reimbursement
for any loss or losses thereunder shall be made directly to City for the uses and benefit of
Contractor.
c. Contractor shall furnish certificates of insurance as proof that it has secured and paid for
policies of workers' compensation, public liability and automobile liability insurance covering
all risks incident to or in connection with the execution, performance, attempted
performance or nonperformance of this Contract. The amounts of such insurance shall not
be less than the maximum liability that can be imposed on City under the laws of the State
of Texas. Contractor understands and agrees that such insurance amounts may be revised
upward at City's option and that Contractor shall revise such amounts within thirty (30) days
following notice to Contractor of such requirements.
d. Contractor will submit documentation to City that it has obtained insurance coverage and
has executed bonds as required in this contract within thirty (30) days of the execution of
this Contract and prior to payment of any monies hereunder.
e. Any failure on part of the City to request certificate(s) of insurance shall not be construed as
a waiver of such requirement or as a waiver of the insurance requirements themselves.
Insurers of Contractor insurance policies shall be licensed to do business in the State of
Texas by the Department of Insurance or be otherwise eligible and authorized to business in
the state of Texas. Insurers shall be acceptable to City insofar as their financial strength and
solvency and each such company shall have a current minimum A.M. Best Key Rating Guide
rating of A: VII or other equivalent insurance industry standard rating unless otherwise
approved by City. Deductible limits on insurance policies shall not exceed $5,000 per
occurrence unless otherwise approved by City.
f. Any local, federal or other regulatory insurance or bonding requirements for the Program
that exceed those specified herein shall prevail.
ESG YEAR 2007-2008 CONTRACT Rev.06-18-07
Presbyterian Night Shelter(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 additional insured (as their interests may appear) on their respective insurance
policies. Contractor shall require its subcontractors to maintain builders risk insurance at the
limit of applicable project(s) costs when the value of materials involved exceeds $10,000 or
at a different limit value limit as specified by City.
13. Waiver of Immunity
If Contractor is a charitable or nonprofit organization and has or claims an immunity or
exemption (statutory or otherwise) from and against liability for damages or injury, including
death, to persons or property; Contractor hereby expressly waives its rights to plead defensively
such immunity or exemption as against City. This section shall not be construed to affect a
governmental entity's immunities under constitutional, statutory or common law.
14. Termination
a. In addition to, and not in substitution for, other provisions of this Contract regarding the
provision of public services with ESG Funds, pursuant to Subtitle B of Title IV of the
Stewart B. McKinney Homeless Assistance Act, as amended, (42 USC 11371 et seq.) and the
ESG Regulations, it is expressly understood and agreed by and between the Parties that this
Contract is wholly conditioned upon the actual receipt by City of Federal ESG Year 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
partial funding for Contractor's program operations. City may terminate this Contract if
non-ESG funds'included in the Operating Budget are not forthcoming to Contractor during
the Contract term.
d. ESG Funds provided hereunder may not be used as collateral for loans to Contractor to
defray program operation expenses, and any attempted use of ESG Funds for this purpose
will result in termination of this Contract by City.
e. Termination will be effected by written notice to Contractor, specifying the portions of the
Contract affected and the effective date of termination. Upon Contractors 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
Presbyterian Night Shelter(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 Contractors expenditures or actions occurring after the
effective date of Contract termination.
15. Certification Kegardii�g Lobbying
a. The undersigned representative of Contractor hereby certifies, to the best of his or her
knowledge and'belief, that: No federal appropriated funds have been paid or will be paid, by
or on behalf of Contractor, to any person for influencing or attempting to influence an
officer or employee of any agency, a member of Congress, an officer or employee of
Congress or an employee of a member of Congress in connection with the awarding of any
Federal contract, the making of any Federal grant, the making of any Federal loan, the
entering into of any cooperative agreement and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan or cooperative agreement.
Contractor shall require that the language of this certification be included in all subcontracts
or agreements involving the expenditure of Federal funds.
b. If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
member of Congress, an officer or employee of Congress, or an employee of a member of
Congress in connection with this Federal contract, grant, loan or cooperative agreement,
Contractor shall complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
c. This certification is a material representation of fact upon which reliance was placed when
this Contract was made or entered into. Submission of this certificate is a prerequisite for
making or entering into this Contract imposed by 31 USC Section 1352. Any person who
fails to file the required certification shall be subject to a civil penalty of not less than
$10,000.00 and not more than $100,000.00 for each such failure.
16. Miscellaneous Provisions
a. All terms of this Contract shall apply to any and all subcontractors of Contractor who are in
any way paid with ESG Funds or who perform any work in connection with Contractor's
program.
b. The provisions of this Contract are severable, and, if for any reason a clause, sentence,
paragraph or other part of this Contract shall be determined to be invalid by a court or
Federal or state agency, board or commission having jurisdiction over the subject matter
thereof, such invalidity shall not affect other provisions which can be given effect without
the invalid provision.
c. City's failure to insist upon the performance of any term or provision of this Contract or to
exercise any right herein conferred shall not be construed as a waiver or relinquishment to
any extent of City's right to assert or rely upon any such term or right on any future
occasion.
d. Should any action, whether real or asserted, at law or in equity, arise out of the execution,
performance, attempted performance or nonperformance of this Contract, venue for action
shall lie in Tarrant County,Texas.
e. This written instrument and the exhibits attached hereto, which fxe ine
reference and made a part of this Contract for all purposes, constitute the entire'°,Aj
ESG YEAR 2007-2008 CONTRACT RA-6-1$-67
Presbyterian Night Shelter(Emergency Shelter) ". Page 13,
between the Parties concerning the work and services to be performed hereunder, and any
prior or contemporaneous, oral or written agreement which purports to vary from the terms
hereof shall be void. Any amendments to the terms of this Contract must be in writing and
must be approved by each Party.
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; (ii) with proper postage (certified
mail, return receipt requested); and (iii) addressed to the other Party at the address set out in
the preamble of this Contract or at such other address as the receiving Party designates by
proper notice to the sending Party.
g. None of the performance rendered under this Contract shall involve, and no portion of the
ESG Funds received hereunder shall be used, directly or indirectly, for the construction,
operations,maintenance or administration of any sectarian or religious facility or activity, nor
shall said performance rendered or funds received be utilized so as to benefit, directly or
indirectly, any such sectarian or religious facility or activity.
h. Contractor represents that it possesses the legal authority, pursuant to any proper,
appropriate and official motion, resolution or action passed or taken, to enter into this
Contract and to perform the responsibilities herein required.
i. Contractor certifies that it has obtained a 501 (c) (3) Certificate from the Internal Revenue
Service. Contractor shall notify City in writing of any changes to its 501 (c) (3) tax-exempt
status during the term of this Contract.
(SIGNATURES APPEAR ON FOLLOWING PAGE]
ESG YEAR 2007-2008 CONTRACT Rev.06-18-07
Presbyterian Night Shelter(Emergency Shelter) Page 14
IN WITNESS WHEREOF, the Parties hereto have execu ee es of this Contract in
Fort Worth,Tarrant County,Texas, this _day of 20 107 .
CITY OF FORT WORTH /f PRESBYTERIAN NIGHT SHELTER
B L'�=� , B
Y� — Y�
Dale A. Fiss er�, R E. Ms. Carol Klocek
Assistant City Manager Executive Director
APPROVEDAS TO FOP\4 AND LEGALITY:
AS�kCity Attorney
AST:
Contrarpt _ut.ho izati.on
6L�� __
rate
L_jg*�A__ 0
1
City Secretary
STATE OF TEXAS
COUNTY OF TARRANT
This instrument was acknowledged before me on 200_� by
Dale A. Fisseler, P. E. the Assistant City Manager of the City of jort Worth, on behalf of the City
of Fort Worth.
ANA L.BRISENO
Notary Public,State of Texas
My Commission Expires
March 07,2011 Notary Public, State of Texas
STATE OF TEXAS
COUNTY OF TARRANT
This instrument was acknowledged before me on iL Q t't.5 , 2007 by
Ms. Carol Klocek, the Executive Director of Presbyterian Night Sht4ter of Tarrant County a Texas
non-profit corporation,on behalf of said corporation.
JEAN E.SULLIVAN
MY COMMISSION EXPIRES r��•�u � \�e
` Deeember5,2010 N ary Public, State of Texas
ESG YEAR 2007-2008 CONTRACT � 'li 0�1�5' evy10648-07
Presbyterian Night Shelter(Emergency Shelter) ^� Pale 15
I
APPENDIX A—CONSTITUTIONAL PROVISION
Contractor represents that it is, or may be deemed to be, a religious or denominational institution or an organization
operated for religious purposes which is supervised or controlled by or in connection with a religious or
denominational institutional or organization. Pursuant to Title 24 CFR CH.V § 576.23 (a)(i). Contractor agrees that
in connection with this contract:
a. The organization will not discriminate against any employee or applicant for employment on the basis
of religion,and will not limit employment or give preference in employment on the basis of religion;
b. The organization will not discriminate against, limit services provided to, or give preference to any
person obtaining shelter, other service(s) offered by the project, or any eligible activity permissible
under the ESG program on the basis of religion and will not limit such service provision or give
preference to persons on the basis of religion;and
c. The organization will not provide religious instruction, counseling, religious services, worship (not
including voluntary nondenominational prayer before meetings), engage in religious proselytizing, or
exert other religious influences in the provision of shelter or other eligible ESG activities under this
part.
CITY OF FORT WORTH Attachment I
HOUSING DEPARTMENT
CONTRACT MANAGEMENT DIVISION
REQUEST FOR FUNDS
AGENCY: Presbyterian Night Shelter of Tarrant County ESG PROGRAM: Emergency Shelter
ADDRESS: 2400 Cypress Street CONTRACT NUMBER:
Fort Worth,TX 76102 CONTRACT AMOUNT:
CONTRACT DATE:
DATE OF REQUEST:
SECTION I(AGENCY) CURRENT MONTH CUMULATIVE
I. Reimbursement Request
1. Expenditures: $ $
2. Income
A. Program Income $ $
B. City of Fort Worth $ $
C. Interest Earned Funds $ $
3. Reimbursement(1 minus 2) $ $
II.Advance Pay Requests/Repayment $ $
III.Reporting Interest
1. Interest over$25 per quarter returned to City of Fort Worth $ $
SECTION II(CITY)
1. BYSPEED-Purchasing Request
A.BYSPEED INPUT:Vendor/PO Number/Requisition Number:
B. Fund/Account/Center:
C.Total Amount of this Request: $
SECTION III
I. Verification
A. Contract Compliance Specialist Sherry Johnson
(Name) (Signature) (Date)
B. BYSPEED-Purchasing
(Name) (Signature) (Date)
C. Accounting
(Name) (Signature) (Date)
II.Authorization
A. Agency
(Name) (Signature) (Date)
B,Assistant Housing Director D.Emerson
(Name) (Signature) (Date)
C. Housing Director J.C.Walker
(Name:) (Signature) (Date)
Note:Any Request for Funds that exceed$8500 require the signature of both Deidra Emerson and Jerome Walker
CITY OF FORT WORTH
HOUSING DEPARTMENT ESG ATTACHMENT 11
CONTRACT MANAGEMENT DIVISION
ESG 2007-2008
Presbyterian Night Shelter of Tarrant County
Agency Period
Emergency Shelter Contract Numer
rogram Date Request
ESG EXPENDITURES MATCHING FUNDS"REQUIRED"
ACCOUNT PROGRAM MONTHLY CUMULATIVE PROGRAM MONTHLY CUMULATIVE
COST CATEGORY Number BUDGET EXPENDITURES TO DATE Balance BUDGET EXPENDITURES TO DATE Balance
ESSENTIAL SERVICES
Salaries 516 010
FICA 518 010
Life Insurance 518 050
Health Insurance 518 060
Employment Tax-State 518 090
Worker's Comp 618 040
Retirement 518 070
OPERATIONS AND MAINTENANCE
Food Supplies 552 030
Telephone 535 040
Electric 535 020 33,177.D0
Gas[Utilities] 535 010 10,000.00
Water/Waste Disposal 535 030 25,000.00
Building Lease 537 010
Custodial Services 539 220
Office Egt.Rental/supplies 537 030
Printing 533 030
Repairs 536 010 38,000.00
Fidelity Bond 538 210
Liability Insurance 534 020 30,000.00
Prfessional Services 531 200
Legal&Accountng 538 050
Auto Allowance 532 130
Advertising 533 010
Conferences&Seminars 531 180
Contractual Services 539 120
CAPITAL OUTLAY
Furniture,Fixtures 541 330
Office Equipment,Computers 541 370
Other Equipment(Funiture/secur 541 320
TOTAL 136,177.00
MATCHING FUND SOURCES
[a]
[b]
[c]
[d]
Contractor Certification: I certify that the costs incurred are taken from the books of account and that such costs are valid and consistent with the terms of the agreement
NAME and TITLE OF AUTHORIZED OFFICER SIGNATURE and DATE
ATTACHMENT III
CITY OF FORT WORTH
HOUSING DEPARTMENT
CONTRACT MANAGEMENT DIVISION
EXPENDITURES WORKSHEET
Presbyterian Night Shelter of Tarrant County
Agency Contract Number Date
Emergency Shelter To
Program Report Period
NO DATE CHECK NO PAYEE DESCRIPTION ACCOUNT NO. AMOUNT
1
2
3
4
5
6
7
8
9 _
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
TOTAL
TITLE OF AUTHORIZED OFFICER SIGNATURE AND DATE
Distribution:
1 copy-Accounting
1 copy-IAGM
1 copy-Agency
City of Fort Worth NA
Contract Management Division
ESG Year 2007-2008
Revised
1. Name and Address of Sub-Grantee
2. Project Name Emergency Shelter
Presbyterian Night Shelter of Tarrant County
2400 Cypress Street 3. Contract No.
Fort Worth,TX 76102 4. Date of Request
Month&Year
5. Program Services and Activities
Current Month Cumulative
"Direct Benefit Only"
Number of New
Households and/or
Persons Served
8.Direct Benefit
(Continued)
Extremely Low Low Income Moderate Income Above Moderate Income
Income(0-30%) (31-60%) (51-80%) (80%>)
Current Month
Cumulative
Household Income Reference Chart:
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
31-601/6 $22,200 $25,350 $28,550 $31,700 $34,250 $36,750 $39,300 $41,850
51-80% $35,500 1 $40,550 $45,650 J $50,700 1 $54,750 1 $58,800 1 $62,850 1 $%,900
Certification: The undersigned hereby gives assurance that to the best of my knowledge and belief,the data included in this report is true and accurate,and if a non-
profit agency,has been approved by the governing body of the organization prior to submission.
Date: Submitted by: Phone No.
CITY OF FORT WORTH Attachment IVB
Housing Department
ESG Grant Year 2007-2008
1. Presbyterian Night Shellter of Tarrant County 2. Project Name: Emergency Shelter
2400 Cypress Street
Fort Worth,TX 76102 3. Contract No:
4. Contract Date:
MONTH &YEAR REPORTING
Beneficiary by Housing Type: EMERGENCY OR TRANSITIONAL SHELTERS
Current Month Cumulative
Chronically Homeless (Emergency Shelter only
Severely Mentally III
Chronic Substance Abuse
Other Disability
Veterans
Persons with HIV/AIDS
Victims of Domestic Violence
Elderly
Beneficiary by Housing Type: Number served in Emergency or Transitional Shelters
SHELTER TYPE NUMBER OF PERSONS HOUSED
Barracks
Grou /Lar a House
Scattered Site Apartment
Single Family Detached House
Single Room Occupancy
Mobile Home/Trailer
Hotel/Motel
Other
Total
ESG Funding Sources : Funding Amount Current Month Cumulative Total
ESG
Other Federal
Local Government
Private
Fees
Other
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 non-profit agency,has been approved by the governing body of the organization prior to
submission.
Date: Submitted by: Phone Num:
1 of 2
CITY OF FORT WORTH Attachment IVB
Housing Department
ESG Grant Year 2007-2008
1. Presbyterian Night shelter of Tarrant County 2. Project Name: Emergency Shelter
2400 Cypress Street
Fort Worth,TX 76102 3. Contract No:
4. Contract Date:
MONTH &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 HOOUSEHOLDS 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
Single 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 non-profit agency,has been approved by the governing body of the organization prior to
submission.
Date: Submitted by: Phone Num:
2 of 2
ATTACHMENT V
CITY OF FORT WORTH
HOUSING DEPARTMENT
1.Agency/Address 2.Project Name: Emergency Shelter
Presbyterian Night Shelter of Tarrant County 3.Contract No:
2400 Cyoress Street Contract Amount: $136,177
4.Date of Request:
Fort Worth,TX 76102
MONTH&YEAR REPORTING:
S. PROGRAM SERVICES AND ACTIVITIES: CURRENT CUMULATIVE
6. SCOPE OF WORK NARRATIVE:
E
7. PROBLEMS ENCOUNTERED / SOLUTIONS PROPOSED:
8. ANTICIPATED ACTIVITY DURING THE NEXT MONTH:
9. CERTIFICATION: The undersigned hereby gives assurance that to the best of my knowledge and belief,the data included in this report is true
and accurate,and if a non-profit agency,has been approved by the governing body of the organization prior to submission.
Date: Submitted by: Phone Num:
Attachment VI
CITY OF FORT WORTH
HOUSING DEPARTMENT
CONTRACT MANAGEMENT DIVISION
CLIENT DATA REPORT
1. Name and Address of Sub-Grantee: 2. Project Name: Emergency Shelter
Presbyterian Night Shelter of Tarrant County 3. Contract No.
2400 Cypress Street 4. Contract Amount
Fort Worth, TX 76102 5. Date of Request
Month & Year
Name Age Sex Race H/C #Fam Income FHOH Street Address
Certification: The undersigned hereby gives assurance that to the best of my knowledge and belief,the data included in this report are
true and accurate,and if a non-profit agency, has been approved by the governing body of the organization prior to submission.
Date: Submitted by: Phone Number:
EXHIBIT A
PRESBYTERIAN Night Shelter SCOPE OF SERVICES
Emergency Homeless Shelter Program
PROGRAM SUMMARY
00000 June 1 , 2007-May 31 , 2008 $136,177
CONTRACT NO. PERIOD AMOUNT
SCOPE OF SERVICES
The Presbyterian Night Shelter's scope of service is to provide the basics of life, free of charge,to people who
are homeless. We provide food, shelter, access to hygiene products, sanitary restroom facilities, and safety to
any person stating homelessness and a need of a safe shelter. We provide this scope of services regardless of
age, race, gender, substance abuse or mental illness disabilities, criminal background, ability to show proper
identification, or income.
COUNCIL DISTRICT (S)
All districts are served. Shelter is located in district 8.
PROGRAM OBJECTIVES
Our program objectives are to provide free, safe shelter and meals to the homeless population of Fort Worth
and to ensure that all homeless have access to case management referrals and social services assistance.
PROGRAM GOALS
The Presbyterian Night Shelter's goal is to make sure that every individual that is homeless has the ability to
enter the shelter regardless of their situation and find a safe place to sleep, eat a nutritious meal and have access
to case management to better their situation if they so choose to take advantage of the services provided. Our
program goal is to provide a safe place for all homeless residents of Fort Worth.
PROGRAM SERVICES and ACTIVITIES Total Units of Services for Year
Provide free, safe shelter 200,000 bed nights of service for homeless
Provide meals to the homeless 430,000 hot meals served to homeless
Offer case management referrals and aids 6,500 case management aids given to homeless
EXHIBIT B
ESG GRANT YEAR 2007-2008
PROGRAM SERVICE SCHEDULE
Presbyterian.Night Shelter
Program
Activity Jun July AugSet Oct Nov Dec Jan Feb Mar Apr May Total
Emergency Shelter
bed nights of stay) 17,000 17000 17000 16000 16500 16500 17500 17500 17000 16000 16000 16000 200,000
Case Management Aids 575 575 575 500 525 525 600 600 575 475 475 500 6,500
Meals 35000 35000 1 35000 30000 330001 33000 37000 1 37000 35000 30000 1 30000 30000 400,000
CITY OF FORT WORTH EXHIBIT C
ESGYEAR 2007-2008
Page 1 of 3
CONTRACT PERIOD From: 6/1/2007 r To: 5/31/2008
Name of Sub Grantee Presbyterian Night Shelter Name of Program Emergency Homeless Shelter
Program E G
Cost Cate o Budget Funds [a] [b] [C] [d]
PERSONAL SERVICES _
Salaries 1,295,270 856,674 149,420 289,176
FICA 100,383 88,005 12,378
Life Insurance -
Health Insurance 86,000 61,232 24,768
Employment Tax-State 23,315 23,315
Employment Tax-Federal -
Worker's Comp 19,000 19,000
Retirement
SUPPLIES
Office Supplies 16,000 732 15,268
Postage 3,800 3,800
Teaching Aids -
Food Supplies 70,000 21,760 48,240
Other Operating Expenses
CONTRACTUAL SERVICES
Telephone 17,000 6,079 4,000 6,921
Electric 104,000 $33,177.00 33,836 9,707 17,280 10,000
Gas 22,000 $10,000.00 5,374 2,000 4,626
Water(Waste Disposal 59,000 $25,000.00 28,000 6,000
Rent[Building] -
Custodial Services -
Office Equipment Rental* 9,000 7,000 2,000
Printing 3,000 3,000
Repairs 85,000 $38,000.00 26,880 15,000 5,120
Fidelity Bond*** -
Liability Insurance*** 82,000 $30,000.00 37,240 9,000 5,760
Legal&Accounting 45,000 45,000
Private Auto Allowance- Local 5,100 5,100
Advertising
Conference&Seminars 5,000 5,000
Contractual Services
Misc. -client assistance, leasing 365,132 74,343 15,727 275,062
CAPITAL OUTLAY
Office Furniture
Computer Equipment
Other: [Described]
TOTAL 2,415,000 $136,177.00 1,329,610 250,000 636,347 62,866
*Specify on Budget Detail(following pages)
**Use one column for each non-grant funding soure; note below which column equates to each source(from Leverage
***Fidelity bond&liability insurnace are required of all subcontractors& may be paid from grant funds or other funds.
MATCHING FUND SOURCES
[a]General revenue
[b]VA
[c]H U D
[d] FEMA
i
BUDGET DETAIL Page 2 of 3
y PERSONAL SERVICES
Hourly Annual %of
Position/Title Rate Hours Time Amount
1 None charged to ESG
2
3
4
5
6
7
8
TOTAL STAFF SALARIES -
FRINGE BENEFITS
%of % Paid % Paid
CATEGORY Payroll Amount by Agency by ESG Amount
FICA None charged to ESG
Life Insurance
Health Insurance
Employment Tax
Workers Comp
Retirement
TOTAL FRINGE BENEFITS
TOTAL PERSONAL SERVICES
BUDGET DETAIL Page 3 of 3
UTILITIES
AVERAGE COST PER NUMBER OF MONTHS AMOUNT
CATEGORY MONTH
Telephone None charged to ESG
Electric 2,765 12 33,177.00
Gas 833 12 10,000.00
Waste/Water Disposal 2,083 12 25,000.00
Other None charged to ESG
Total Utilities $ 68,177.00
BUILDING LEASE
BUILDING COST PER SQUARE
LOCATION NO. SQUARE FOOT FOOT AMOUNT
1 n/a
2
3
TOTAL BUILDING LEASE 0
OTHER EXPENSES
CATEGORY TOTAL CHARGE %CHARGED TO ESG AMOUNT
Fidelity Bond - 0% $ -
Liability Insurance 82,000 37% $ 30,000.00
Legal &Accounting 45,000 0% $ -
Office Supplies 16,000 0% $ -
Postage 3,800 0% $ -
Printing 3,000 0% $ -
Mileage - 0% $ -
Advertising - 0% $ -
TOTAL OTHER EXPENSES $ 30,000.00
CONFERENCES AND SEMINARS
EVENT TOTAL CHARGE %CHARGED TO ESG AMOUNT
1 5,000 0 0
2
3
TOTAL CONFERENCES AND SEMINARS $ -
OFFICE EQUIPMENT RENTAL
ITEM TOTAL CHARGE % CHARGED TO ESG AMOUNT
1 Copier Lease 9,000 0% $
2
TOTAL OFFICE EQUIPMENT RENTAL $ -
EXHIBIT "D"
AUDIT SCHEDULE
INDEPENDENT AUDIT REQUIREMENT
BUSINESS/AGENCY NAME: Presbyterian Night Shelter
PROGRAM: Emergency Shelter
ESG YEAR: 2007-2008
AMOUNT FUNDED: $136,177
Name of Independent Auditor who will perform agency audit:
Independent Auditor to be contracted during ESG contract period.
Date audit is to be performed:
Within 60 days of completion of ESG funded project.
The following language is a condition of your contract with the City:
(1) For all contracts in which Contractor is cumulatively receiving federal
monies in the amount of$500,000 or more, Contractor must submit to City an
annual audit prepared in accordance with 24 CFR Sections § 570.502-570.503
generally, with specific reference to OMB Circulars (with attachments) A-122
and A-133 as appropriate. The audit may cover either Contractor's fiscal year
during which this contract is in force or cover the period of this contract. The
audit must be prepared by an independent certified public accountant, be
completed within dine (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 preparation of this audit may be an allowable expenditure of ESG funds
in an amount proportional to that of the ESG funds used in contractor's total
agency operating budget.
This form is to be completed and submitted to the Housing Department, Contract
Management Division at the beginning of each contract year.
Signature �L& �*�
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 member of his or her immediate
family,his or her partner, or an organization which employs or is about to employ any of the parties indicated herein,has
a financial or other interest in the firm selection for an award.
CDBG and HOME Applicants Only
The CDBG regulations at 24 CFR 570 570.611 and HOME regulations at 24 CFR 92.356 provide that no person who is
an employee, agent,consultant,officer,or elected official or appointed official of the recipient or Subrecipient 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 funds; or(2)who is in a position to participate in a decision-making process or gain inside
information with regard to these activities,may obtain a financial interest from a CDBG-assisted or HOME-assisted
activity,or have any interest in any contract, subcontract, or agreement with respect thereto, or the proceeds thereunder,
either for themselves or those with who they have family or business ties, during their tenure or for one(1)year
thereafter.
IF NO CO ICTS EXIST, COMPLETE THE FOLLOWING:
I certify that no conflict of interest exists between The City of Fort Worth and
_Presbyterian Night Shelter
(Name of Organization)
G 1 certify that no conflict of interest exists between the subcontractors of and
_Presbyterian Night Shelter
(Name of Organization)
IF THERE IS A CONFLICT, COMPLETE THE FOLLOWING:
1 certify that a conflict of interest does exist between The City of Fort Worth and
(Name of Organization)
I certify that a conflict of interest does exist between
and
(Name of subcontractor)
(Name of Organization)
Describe the nature of the conflict of interest below: (Please identify the individual,employment,and the conflict or potential conflict[their affiliation with your
organization])
1'e.j 7 h 7
o Signature i� thori d A eny
c Offi ' ( /� Date
g �G
Typed Name and Title
Match Funds Report
CITY OF FORT WORTH
HOUSING DEPARTMENT
ESG 2007-2008
PRESBYTERIAN NIGHT SHELTER
1.NAME AND ADDRESS OF SUB-GRANTEE 2.PROJECT NAME: EmerEency Shelter
Presbyterian Night Shelter of Tarrant County 3.CONTRACT No:
4.CONTRACT
2400 Cypress Street DATE:
S. DATE OF
Fort Worth,TX 76102 REQUEST:
This attachment is designed to review a sub grantee's financial 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 fiords 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 CDBG, County FEMA, etc.)
MATCH SOURCE MATCH AMOUNT
TOTAL MATCH $
2. STATE/LOCAL GOVERNMENT FUNDING: (e.g., State Housing Trust Funds,
Local Assessment, etc.)
MATCH SOURCE MATCH AMOUNT
$
$
TOTAL MATCH $
1
Match Funds Report
CITY OF FORT WORTH
HOUSING DEPARTMENT
ESG 2007-2008
PRESBYTERIAN NIGHT SHELTER
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 belief,the
data included in this report is true and accurate,and if a non-profit agency,has been approved by the governing
body of the organization prior to submission.
Date: Submitted by: Phone Num:
2
1
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
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to execute Community Development Block Grant (CDBG) Year XXXI11,
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.
1. Community Development Block Grant (CDBQ)
Organization Amount('Not to Exceed)
Centro Cultural de las Americas $20,077.00
Southside Youth Association $10,000.00
Summerbridge-Summerbridge Program $22,500.00
Cooks Children's-Save A Smile $24,300.00
ESTRELLAS-Boys and Girls Clubs $16,000.00
All Church Home (Bridge)-Buffalo Soldiers $16,200.00
JMAC Youth Center $25,000.00
Latin Arts Association-Theater Skills Program $12,600.00
Clayton Child Care-Greenbriar $18,000.00
CJ's Studio of Performing Arts $12,096.00
Near Northside Partners Council $16,639.00
Women's Center-Play It Safe $19,683.00
YWCA-Child Development $135,000.00
Child Care Associates-Pre-School Child Care $117,000.00
FWHA-AMAKA Child Care Center $27,000.00
Lognaine: 05060507ACTIVIT Page 1 of 3
1
Clayton Child Care-School Age Child Care $54,000.00
Tarrant Area Food Bank-Community Kitchen $20,000.00
Bottle Bounty Deposit $20,000.00
Senior Citizens Services of Tarrant County-COMO $17,597.00
Senior Citizens Services of Tarrant County-RIVERSIDE $15,271.00
Meals on Wheels $33,696.00
Mental Health Associaton of Tarrant County-OMBUDSMAN $17,500.00
Mental Health Associaton of Tarrant County-Mental Health Advocate $24,750.00
United Community Centers-Crisis Intervention $18,000.00
Northside Interchurch Agency $23,436.00
Day Resource Center Security $21,870.00
NSEAM $17,000.00
MASS, Inc. $30,000.00
REACH, Inc.-Project Ramp $15,000.00
YWCA-Ben & Jerry's Job Trainng/Job Placement $14,748.00
Fort Worth SER-Northside Resource Center $46,800.00
A-Prep Center of Tarrant County $67,197.00
TOTAL CDBG: $948,960.00
11. Emergency Shelter Grant (ESG)
Organization Amount(Not to Exceed)
YWCA-Supportive Living $10,742.00
Cornerstone Assistance $13,000.00
Presbyterian Night Shelter $136,177.00
Cenikor Foundation $10,681.00
SafeHaven of Tarrant County $17,700.00
Presbyterian Night Shelter $11,864.00
Mental Health Mental Retardation of Tarrant County $12,650.00
YWCA-My Own Place $15,331.00
Parents And Chldren Together, Inc. $16,521.00
Safehaven of Tarrant County-Childcare $12,700.00
TOTAL ESG: $257,366.00
III. Housing Opportunities for Persons with HIV/AIDS (_HOPWA)
Organization Amount(Not to Exceed)
AIDS Outreach $436,242.00
Tarrant county Samaritan Housing $248,170.00
AIDS Outreach Rural Texas $114,198.00
TOTAL HOPWA: $798,610.00
DISCUSSION:
On April 10, 2007, the City Council adopted the budgets and the appropriation ordinance increasing
estimated receipts and appropriations for the Year XXXIII (June 1, 2007 to May 31, 2008) Community
Lognaine: 05060507ACTIVIT Page 2 of 3
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.
The above programs are consistent with the City's approved funding policies and priorities. Each program
meets the requirements of tlhe 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 FROM Fund/Account/Centers
GR76 539120 005206184XXX $798,610.00
GR76 539120 005206183XXX $257,366.00
GR76 539120 00520618OXXX $948,960.00
Submitted for City Manager's Office by: Dale Fisseler (6266)
Originating Department Head: Jerome Walker(7537)
Additional Information Contact: Deidra Emerson (7563)
Logname: 05060507ACTAU Page 3 of 3