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HomeMy WebLinkAboutContract 39171 (2) CITY SECRETARY CONTRACT 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 T.M. Higgins, its duly authorized Assistant City Manager, and YWCA Fort Worth &Tarrant County ("Contractor"),whose address is 512 W. 4th St., Fort Worth,Texas, 76102, acting by and through Ms. Carol I<locek, its duly authorized Executive Director. (Sometimes City and Contractor are referred to individually as a"Party"and collectively as the"Parties".) WHEREAS, City has received grant monies from the United States Department of Housing and Urban Development ("HUD") under Subtitle B of Tide N of the McKinney-Vento Homeless Assistance Act, as amended, (42 USC 11371 et seq.) in connection with the Emergency Shelter Grants ("ESG") program and its related regulations at 24 CFR Part 576 ("ESG Regulations"), Grant No. S-09-MC-48-0006, for Year 2009-2010; 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 Supportive Living Program ("Program"), for the term June 1,2009 to May 31,2010. 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. 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 the activities described in this Contract in its files. If the Program includes provision of essential services, Contractor must document that its ESG services are new or are a quantifiable increase in the service level as set forth in 24 CFR �576.21 (b) (1). Contractor must document that it has a written policy governing the termination of assistance to beneficiaries of the Program as required by 24 CFR§576.56 (a) (3). If services to aerjPage m participant are terminated, Contractor must document that minimum duess ESG YEAR 2009-2010 CONTRACT Rev. ,ty YWCA Fort Worth&Tarrant County-Supportive Living `p' requirements and established policy guidelines for termination were followed. For programs serving victims of domestic violence, Contractor must document that Contractor has established written procedures regarding the confidentiality of client records and provide the address/location of any projects serving victims of domestic violence. All such documentation shall be furnished to City upon request if necessary for City to fulfill its obligations under its Federal grant. If this documentation is not maintained and furnished to City on request, City may exercise all remedies available under this Contract,including the right to withhold payment to Contractor on this Contract or any other contract with Contractor, or terminate this Contract as described herein. d. City will monitor and evaluate Contractor's performance using the goals and performance standards required in this Contract. Substandard performance as determined by City monitoring, including noncompliance with any applicable HUD regulations, 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; uniform administrative requirements and cost principles; employment and contracting opportunities; use of debarred, suspended or ineligible contractors or subrecipients; eligibility restrictions for certain resident aliens; conflict of interest; and other Federal requirements £ Contractor agrees to take reasonable steps to ensure meaningful access to the Program and associated activities by limited English proficient persons. 2. Compensation and AlleMod of Payment a. City will disburse ESG Year 2009-2010 funds ("ESG Funds") in an amount up to THIRTEEN THOUSAND THIRTY-NINE AND NO/100 DOLLARS ($13,039) to Contractor on a reimbursement of expenses basis. Contractor is acting as a Subrecipient for the purposes of this Contract in carrying out the eligible activities as set forth in Exhibit A- Program Summary. b. Payment of ESG Funds will be processed by City following receipt from Contractor of the following monthly financial documents: (1) Attachment I- Request For Funds, (2) Attachment II-Detail Statement of Costs, and (3) Attachment III-Expenditures Worksheet. Payment by City to Contractor shall require completion of all City forms and copies of adequate supporting documentation verifying eligibility of expenses as well as, where applicable, eligibility of Program participants. Reimbursement for the payment of eligible expenses shall be made against the budget specified in Exhibit C-Program Operating Budget or its revised version, and in accordance with performance specified in Exhibit B- Program Services Schedule. City will not disburse ESG 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. ESG YEAR 2009-2010 CONTRACT Rev.09-02-09 YWCA Fort Worth&Tarrant County-Supportive Living Page 2 d. It is understood that the total cost for operation of this Program is $343,686 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 to ensure compliance with HUD regulations governing cost allocation. C. Contractor agrees to keep all ESG Funds on hand in interest bearing accounts. All interest earned shall be reported to City on a monthly basis, at the same time as submission of the monthly report following the end of the Contract month during which the interest was earned. Interest in an amount of $25.00 or less per month may be used for authorized Program expenses. These amounts must be reported on the monthly financial statements filed pursuant to this Contract. Interest earned in excess of $25.00 per month is subject to remittance to City as directed by City. f Contractor will not commingle ESG Funds with any other funds in any manner that would prevent City from readily identifying expenditures for operation of the Program. 3. Uniform Administrative Requirements and Program Management Standards a. Financial Management i. Accounting Standards 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 eligible and allocable 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 §576.65. 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. ESG YEAR 2009-2010 CONTRACT Rev.09-02-09 YWCA Fort Worth&Tarrant County-Supportive Living Page 3 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§§576.55 and 576.59 (c). iv. Closeouts Contractors obligation to City shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but are not limited to: making final payments, disposing of Program assets (including the return of all unused materials, equipment, unspent cash advances, Program income balances, and accounts receivable to City), and determining the custodianship of records and verification of compliance with record retention requirements. 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 §576.57 (2) (b) generally, known as a Single Audit, with specific reference to OMB Circulars (with attachments) A-122, "Cost Principles for Non-Profit Organizations", and A-133, "Audits of States, Local Governments, and Non-Profit Organizations", as appropriate. The audit may cover either Contractor's fiscal year during which this Contract is in force or cover the period of this Contract. The audit must be prepared by an independent certified public accountant, be completed within 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 Certification Form. The Audit Certification 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) All non-federal entities acting as a Subrecipient that expend less than $500,000 in any Federal funds within one (1) year shall provide City with a copy of any other financial audit or audited financial statements prepared during the Contract term, if available. (4) 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. ESG YEAR 2009-2010 CONTRACT Rev.09-02-09 YWCA Fort Worth&Tarrant County-Supportive Living Page 4 (5) If as a result of any audit it is determined that Contractor has misused,misapplied or misappropriated all or any part of the ESG Funds, Contractor agrees to reimburse the City the amount of such monies so misused, misapplied or misappropriated, plus the amount of any sanction, penalty or other charge levied against City because of such misuse,misapplication or misappropriation. 4. Reporting Procedures a. Financial Reports Contractor will submit to City on a monthly basis: (1) Attachment I-Request for Funds, (2) Attachment II-Detailed Statement of Costs, (3) Attachment III-Expenditures Worksheet, as applicable, for expenses incurred for services and activities accomplished by Contractor in performance of this Contract. Actual cash receipts for claimed expenditures must be provided at the time the request for funds is presented. The reports must be signed by a duly authorized agent of the Contractor and submitted by the 15`h of the month following the month being reported. City is under no obligation to disburse funds for expenditures that occurred prior to the first day of the month for which the report is submitted. b. 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 or fair rental value of any donated material or building; the value of any lease on the building; any salary paid to staff to carry out the Program; and the value of the time and services contributed by volunteers to carry out the Program at a rate of $5.00 per hour. The services of volunteers providing professional services such as medical, legal or accounting services are valued at the reasonable and customary rate prevailing in the community. The value of the Match is subject to review and approval by City. All monthly reports will indicate matching funds and sources. Documentation regarding dedication of Match must be maintained consistent with the requirements of documenting eligibility of costs. 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 and activities undertaken by Contractor in performance of this Contract. The report will be signed by a duly authorized agent of Contractor and submitted by the 15`h of the month following the month that is reported. The City will not disburse funds for expenditures prior to the beginning date of the term of this Contract. d. Procurement i. Compliance Contractor shall comply with City policy concerning the purchase of equipment and shall maintain inventory records of all non-expendable personal property, as defined by such policy,procured with funds provided under this Contract. ii. OMB Standards Contractor shall procure all materials, property, or services in accordance with the requirements of 24 CFR Part 84, Procurement Standards and Property Standards, as modified by 24 CFR Part 570.502(b)(6), covering utilization and disposal of property. ESG YEAR 2009-2010 CONTRACT Rev.09-02-09 YWCA Fort Worth&Tarrant County-Supportive Living Page 5 e. Program Participant Records i. Contractor will keep or cause to be kept an accurate record of all actions taken and all ESG Funds expended, with source documents, in performance of this Contract. Such records shall be kept for the time period mandated by the ESG 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 supporting participant's Homelessness,participant's eligibility for Homeless Prevention Activities,participant's eligibility of Short-Term Emergency Shelter/Services, documentation of participants Long-Term Emergency Shelter/Transitional Housing, documentation of participants discharge from a longer stay in an institution, documentation of participants fleeing domestic violence. Where applicable, documentation used for income verification will include, but not be 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. f. 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 (1'Y-601). Contractor shall submit documentation to the City for such participation in the form of an HMIS quarterly report. 5. Reversion of Assets a. Contractor agrees to return to City any ESG Funds remaining on hand at the end of the Contract. b. All property purchased with ESG Funds under this Contract will be used solely for operation of the Program. Contractor agrees to obtain City approval prior to purchase of property and Contractor agrees to notify City upon receipt of property so that it may be properly tagged and inventoried. Title to such property will be vested in City, and Contractor will deliver all such property to City for disposition at City's sole discretion at the termination of the Program. 6. Applicable 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 US 11371 et seq.) ESG YEAR 2009-2010 CONTRACT Rev.09-02-09 YWCA Fort Worth&Tarrant County-Supportive Living Page 6 • Regulations at 24 CFR Part 576 pertaining to Emergency Shelter Grants Program ("ESG Regulations") • Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 USC 4601 et seq.) and its related regulations at 49 CFR Part 24 • 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 • 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 If 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"). Such covered contracts or activities include HUD-funded construction, reconstruction, conversion or rehabilitation of housing as set forth at 24 CFR §135.5 "A. The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. B. The Parties to this contract agree to comply with HUD's regulations in 24 CFR Part 135,which implement Section 3. As evidenced by their execution of this contract, the Parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. ESG YEAR 2009-2010 CONTRACT Rev.09-02-09 YWCA Fort Worth&Tarrant County-Supportive Living Page 7 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 contractors 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. E Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. G. With respect to work performed in connection with Section 3 covered Indian housing assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to comply with Section 3 to the maximum extent feasible,but not in derogation of compliance with section 7(b)." City and Contractor understand and agree that compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of HUD shall be a condition of the Federal financial assistance provided to the Program, binding upon City and Contractor, and their respective successors, assigns and subcontractors. Failure to fulfill these requirements shall subject Contractor and its subcontractors, and their respective successors and assigns, to those sanctions specified by the Grant Agreement through which Federal assistance is provided and to such sanctions as are specified by 24 CFR Part 135. c. Other Laws Contractor covenants and agrees that its officers, members, agents, employees, Program participants and subcontractors shall abide by and comply with all other laws, Federal, state and local, relevant to the performance of this Contract, including all applicable City ordinances, rules and regulations and Subtitle B of Title IV of the McKinney-Vento Homeless Assistance Act, as amended, (42 USC 11371 et seq.), and the ESG Regulations. ESG YEAR 2009-2010 CONTRACT Rev.09-02-09 YWCA Fort Worth&Tarrant County-Supportive Living Page 8 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 not any of its officers, members, agents, employees, Program participants or subcontractors, while engaged in performing this Contract, shall, in connection with the employment, advancement or discharge of employees or in connection with the terms, conditions or privileges of their employment, discriminate against persons because of their age except on the basis of bona fide occupational qualification, retirement plan or statutory requirement. C. Contractor further covenants that neither it nor its officers, members, agents, employees, subcontractors, Program participants, or persons acting on their behalf, shall specify, in solicitations or advertisements for employees to work on this contract, a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification,retirement plan or statutory requirement. d. In accordance with the provisions of the Americans With Disabilities Act of 1990 ("ADA"), Contractor warrants that it and any and all of its subcontractors will not unlawfully discriminate on the basis of disability in the provision of services to the general public, not in the availability, terms and/or conditions of employment for applicants for employment with Contractor, or employees of Contractor or any of its subcontractors. Contractor warrants it will fully comply with ADA's provisions and any other applicable Federal, state and local laws concerning disability and will defend, indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractors against City arising out of Contractor's and/or its subcontractors' alleged failure to comply with the above-referenced laws concerning disability discrimination in the performance of this Contract. e. This Contract is made and entered into with reference specifically to the ordinances codified at Chapter 17,Article III, Division 3 "Discrimination in Employment Practices", of the City Code, and Contractor hereby covenants and agrees that Contractor, its officers, members, agents, employees and subcontractors, have fully complied with all provisions of same and that no employee, employee-applicant or Program participant has been discriminated against by the terms of such ordinances by either the Contractor or its officers, members, agents, employees or subcontractors. 8. Prohibition Against Interest a No member, officer or employee of City or its designees or agents; no member of the governing body of the locality in which the Program is situated; and no other public official of such locality or localities, who exercises any functions or responsibilities with respect to ESG YEAR 2009-2010 CONTRACT Rev.09-02-09 YWCA Fort Worth&Tarrant County-Supportive Living Page 9 the Program funded hereunder during his or her tenure or for one (1) 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. If such assignment occurs, Contractor shall ensure that all requirements of this Contract are enforced and maintained by its Assignee by as executed written assignment agreement covering the Contract term, which agreement shall be subject to review and written approval by City prior to its execution by Contractor. 11. Independent Contractor a. Contractor shall operate hereunder as an independent contractor and not as an officer, agent, servant or employee of City. Contractor shall have exclusive control of, and the exclusive right to control, the details of the work and services performed hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, members, agents, servants, employees, subcontractors, Program participants, licensees or invitee. The doctrine of respondeat superior shall not apply as between City and Contractor, its officers, members, agents, servants, employees, subcontractors, Program participants, licensees or invitees, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Contractor. It is expressly understood and agreed that no officer, member, agent, employee, subcontractor, licensee or invitee of the Contractor, not any Program participant hereunder, is in the paid service of City and that City does not have the legal right to control the details of the tasks performed hereunder by Contractor, its officers, members, agents, employees, subcontractors, Program participants, licensees or invitees. ESG YEAR 2009-2010 CONTRACT Rev.09-02-09 YWCA Fort Worth&Tarrant County-Supportive Living Page 10 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, 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 ESG YEAR 2009-2010 CONTRACT Rev.09-02-09 YWCA Fort Worth&Tarrant County-Supportive Living Page 11 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 ($13,039) 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 use 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. £ Any local,, federal or other regulatory insurance or bonding requirements for the Program that exceed those specified herein shall prevail. g. Contractor shall agree to require its subcontractors to maintain applicable insurance coverages, limits, and other requirements as those specified herein; and, Contractor shall require its subcontractors to provide Contractor with certificates) 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. ESG YEAR 2009-2010 CONTRACT Rev.09-02-09 YWCA Fort Worth&Tarrant County-Supportive Living Page 12 13. fVaiver 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. Remedies for Breach of Contract Upon identification of possible breaches of this Contract, and prior to exercising its termination rights under this Contract, City may elect to exercise any of the following remedies: a) issuance of a warning letter indicating that further failure to comply with applicable requirements will result in serious sanction and giving the Subrecipient a limited time to correct the deficiency;b) placing conditions upon award of future grants; c) directing the Subrecipient to stop incurring costs until the deficiency is corrected and the correction is verified; d) requiring repayment of previously reimbursed ESG Funds; or e) reducing in the amount of future grant awards or disallowing of future awards to the Contractor. 15. 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 2009- 2010 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 agency 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 agency 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; ESG YEAR 2009-2010 CONTRACT Rev.09-02-09 YWCA Fort Worth&Tarrant County-Supportive Living Page 13 • Cease expenditures of ESG Funds, except as necessary for completion of the portions of the Contract not terminated; and • Terminate all orders and contracts to the extent that they relate to portions of the Contract being terminated. f. Contractor will return to City any unused ESG Funds previously advanced by City under this Contract within thirty (30) days of the effective date of Contract termination. City will have no responsibility or liability for Contractor's expenditures or actions occurring after the effective date of Contract termination. 16. Certification Kegarding 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. 17. 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. ESG YEAR 2009-2010 CONTRACT Rev.09-02-09 YWCA Fort Worth&Tarrant County-Supportive Living Page 14 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 are incorporated by reference and made a part of this Contract for all purposes, constitute the entire agreement between the Parties concerning the work and services to be performed hereunder, and any prior or contemporaneous, oral or written agreement which purports to vary from the terms hereof shall be void. Any amendments to the terms of this Contract must be in writing and must be approved by each Party. 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 2009-2010 CONTRACT Rev.09-02-09 YWCA Fort Worth&Tarrant County-Supportive Living Page 15 IN WITNESS WHEREOF, the Parties hereto have executed three copies of this Contract in Fort Worth,Tarrant County,Texas, this !' day of 20 D-t_. CITY OF FORT WORTH YWCA FORT WORTH & TARRANT COUN By: By: T. M. Higgins V. Ms. Carol Klocek Assistant City Manager Executive Director APPROVED AS TO FO ND LEGALITY: City Attorney Contract AuthorI &tioa ATTEST:��A (A j)at.e� City Secretary STATE OF TEXAS COUNTY OF TARR-ANT This instrument was acknowledged before me on (3 , 200A7by T. M. Higgins, the Assistant City Manager of the City of ort Worth, on behalf of the City of Fort Worth. SAFY pU No •y Public, tare of Texas MARIA S, SANCHEZ ° * NOTARY PUBLIC STATE OF TEXAS My Comm.UP.12-14-2009 STATE OF TEXAS COUNTY OF TARRANT This instrument was acknowledged before me on S ( 1 , 200q by Ms. Carol Klocek, the Executive Director of YWCA Fort Worth & Tarrant County, a Texas non- profit corporation, on be PAMELA S BREWER ` Notary Public,State of Texas �: My Commission Expires � Mqy 09,2013 oF Notary Public, State of Texas <.A i ESG YEAR 2009-2010 CONTRACT Rev. 09-02-09 YWCA Fort Worth&Tarrant County-Supportive Living Page 16 YWCA Fort Worth & Tarrant County EXHIBIT A SUPPORTIVE LIVING SCOPE OF SERVICES PROGRAM SUMMARY EMERGENCY SHELTER GRANT (ESG) June 1, 2009 - May 31, 2010 $13,039 CONTRACT NO. PERIOD AMOUNT, SCOPE OF SERVICES This Scope of Services is based on the proposal prepared and submitted by the Subrecipient through the City of Fort Worth's annual Request for Proposal (RFP) process. The Subrecipient agrees to operate this Emergency Shelter Grant (ESG)program in a manner consistent with the program delivery stated in the approved proposal. However, in the event of any conflict between the proposal and any provision contained,herein,this Agreement shall control. The YWCA Fort Worth & Tarrant County will provide ESG services to homeless persons or persons at risk of homelessness at YWCA Fort Worth& Tarrant County. The Supportive Living program will include the following tasks and activities: 7-month transitional housing for 7 months for women at least 21 years old; intensive case management; and counseling. All services will be provided at 512 W. 41h St. from June 1, 2009 to May 31, 2010. Business hours are Monday-Friday, 8:00 a.m. -5:00 p.m. The purpose of the program will be to provide intensive case management and counseling to women in the transitional housing program. The specific objectives, goals and level of services to be provided are listed below along with the geographical location of clients served. All services will be provided from June 1,2009-May 31, 2010. The ESG funds will be used to pay for staff salary which is consistent with Exhibit C- Detailed Budget. The source and amount of Match Funds should be documented on the Match Funds Report. Where applicable, expenses paid for with Match funds should be described (ex. Private cash donations used for salaries and supplies) and documentation maintained for review. REGULATORY CLASSIFICATION: Regulatory Citation&Activity Allocated Funds %of Total Allocation 24 CFR 576.3; 576.21(a)(2)Essential Services $13,039 100% 24 CFR 576.3; 576.21(a)(3) Operational Costs N/A N/A 24 CFR 576.3; 576.21(a)(4)Homeless Prevention N/A N/A Based on the nature of the service provided, YWCA Fort Worth & Tarrant County will maintain documentation that verifies that 100% clients served are homeless; or for prevention activities, documentation that verifies clients served by the homeless prevention program are at risk of homelessness through eviction notices or notices of termination of utility services. Eviction/disconnection notices must be supported by documentation verifying: (1)the inability of the family to make the required payments is due to a sudden reduction in income; (2) the assistance is necessary to avoid the eviction or termination of services; (3) there is a reasonable prospect that the family will be able to resume payments within a reasonable period of time; and (4) the assistance will not supplant funding for preexisting homelessness prevention activities from other sources. GEOGRAPHICAL LOCATION: Site Address: 512 W. 4`" St.,Fort Worth, TX 76102 Client Beneficiary Location (Neighborhood,District, Citywide...): Citywide PROGRAM GOALS: Provide supportive living services for women, age 21 and over, who live in on-site transitional services. PROGRAM OBJECTIVES: - Provide 7-months of transitional housing for eligible women who are homeless or at risk of homelessness - Provide individualized intensive case management to prepare clients for self-sufficiency - Provide counseling services to address emotional,psychological, and social issues PROGRAM SERVICES and ACTIVITIES Total Units of Services for Year Total Unduplicated Clients Served 40 Nights of Housing 7081 Hours of Counseling 1505 Hours of Case Management 229 Quarterly HMIS Reports Submitted 4 o O � CrQ CO) A M Vi d /+ p n A eD O m C� K UQ y �Q 5 l fD CD W ci ri O w rn 00 O �/- � � r N 00 N 0000 "F-4 o 00 .� NJ 0 N N � 000 0000 a O O ~ N 0 coo 000 tr1 C uo N 000 m O� �O CIO O O C) M N N Ch CD 00 00 � p O O 000 N � CITY OF FORT WORTH EXHIBIT C ESG YEAR 2009-2010 Page 1 of 3 CONTRACT PERIOD From: 6/1/09 To: 5/31/10 Name of Sub Grantee Name of Program YWCA Fort Worth&Tarrant County Supportive Living Program Program ESG [a] [b] [c] [d] Cost Category Budget Funds PERSONNEL SERVICES Salaries 156,550 13,039 143,511 FICA 12,050 12,050 Life Insurance 145 145 Health Insurance 19,290 19,290 Unemployment-State 985 985 Unemployment-Federal 0 Worker's Compensation 1,015 1,015 Retirement 5,555 5,555 SUPPLIES Office Supplies 850 850 Postage 400 400 Teaching Aids 1,700 996 704 Other(Specify)*Food and 49,500 operating expenses 49,500 Contractual Services Telephone 3,450 3,450 Electric 30,125 26,346 3,779 Gas[Utilities] 1,200 1,200 Water/Waste Disposal 3,850 3,850 Advertising 500 500 Miscellaneous* 33,626 24,021 9,605 Office Equipment Rental* 1,480 1,480 Printing 550 550 Repairs 12,000 12,000 Fidelity Bond*** 280 280 Liability Insurance*** 4,000 4,000 Legal&Accounting 4,000 4,000 Private Auto Allowance 260 260 Conference&Seminars 325 325 CAPITAL OUTLAY Furniture,Fixtures Office Equipment,Computers Office Equipment TOTALI 343,686 r 13,039 184,797 80,000 33,350 32,500 Matching Fund Sources [a]Special Events [b] Facility Rental [c] Government [d] Other BUDGET DETAIL Page 2 of 3 PERSONAL SERVICES Hourly Annual %of Position/Title Rate Hours Time Amount 1 Case Manager 17 2,080 37 13,039 2 3 4 5 6 7 8 TOTAL STAFF SALARIES 13,039 FRINGE BENEFITS %of % Paid % Paid CATEGORY Payroll Amount by Agency by CDBG Amount FICA Life Insurance Health Insurance Employment Tax Worker's Comp Retirement TOTAL FRINGE BENEFITS TOTAL PERSONAL SERVICES BUDGET DETAIL Page 3 of 3 UTILITIES AVERAGE COST VUMBER OF MONTH; AMOUNT CATEGORY PER MONTH Telephone Electric Gas Waste/Water Disposal Other* Total Utilities BUILDING LEASE BUILDING COST PER LOCATION NO.SQUARE FOOT SQUARE FOOT AMOUNT 1 2 3 TOTAL BUILDING LEASE 0 OTHER EXPENSES CATEGORY TOTAL CHARGE %CHARGED TO CDBG AMOUNT Fidelity Bond 0 Liability Insurance 0 Legal &Accounting 0 Office Supplies 0 Postage 0 Printing 0 Mileage 0 Advertising 0 TOTAL OTHER EXPENSES 0 CONFERENCES AND SEMINARS EVENT TOTAL CHARGE % CHARGED TO CDBG AMOUNT 1 2 3 TOTAL CONFERENCES AND SEMINARS 0 OFFICE EQUIPMENT RENTAL ITEM TOTAL CHARGE %CHARGED TO CDBG AMOUNT 1 Copier Lease 0 2 TOTAL OFFICE EQUIPMENT RENTAL 0 EXHIBIT D CITY OF FORT WORTH HOUSING & ECONOMIC DEVELOPMENT Audit Certification Form Subrecipient: ��1� f VybYdv�-7 /Aiy & Fiscal Year Ending: J 601,tlyt Mo Day Yr During the fiscal year in which funds will be received, we will exceed the fei eral expenditure threshold of $500,000. We will have our Single Audit or Program Specific Audit completed and will submit the A-133 audit report within nine (9) months after the end of the audited fiscal year or thirty (30) days within its completion, whichever is the earlier date. F-1 During the fiscal year in which funds will be received, we will not exceed the $500,000 federal expenditure threshold required for a Single Audit or a Program Specific Audit to be performed this fiscal year. (Fill out schedule below) Must be filled out if Single Audit or Program Audit is not required.- Pass Through Program Name & Contract Federal Grantor Grantor CFDA Number Number Expenditures us ,g Rug C,6 F.- cop(, )`i.-U8, (q, 2-(F --v9 y ,6 ..as Total Federal Expenditures for this Fiscal Year $ 51, 7,b5 3 Printed me Title(Must be CFO, CEO or equivalent) Auth&iO3d Signature(Must be CFO, CEO or equivalent) Phone Number ate Failure to submit this or a similar statement or failure to submit a completed single audit package as described in the federally required audit requirements described in OMB Circulars A-133 by the required due date may result in suspension of funding and may affect eligibility for future funding. Notwithstanding the above, this certification acknowledges the agency's commitment to meet all other financial reporting, financial statements, and other audit requirements as may be set forth in the contract. Ll5 5�, L)o J LkS Pc.€- t 5S (q8, tD0 0 YWCA Fort Worth & Tarrant County EXHIBIT E Supportive Living 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 selected 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 CONFLICTS EXIST, COMPLETE THE FOLLOWING: I certify that no conflict of interest exists between The City of Fort Worth and (Name of Organization) I certify that no conflict of interest exists between the subcontractors 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 below: (Please identify the individual,employment,and the conflict or potential conflict[their affiliation with your organization]) Signature ut ed y cial Q atgr� l Carol Klocek,Executive Director ` / V Typed Name and Title Match Funds Report CITY OF FORT WORTH HOUSING AND ECONOMIC DEVELOPMENT DEPARTMENT ESG 2009-2010 1.NAME AND ADDRESS OF SUB-GRANTEE 2.PROGRAM NAME: I O 3.CONTRACT No: w `( c� 4.CONTRACT ( y 5 I �.t�. `I 1 ��-e DATE: Fo r-y o a -r� ! 5. DATE 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 funds have been expended. City of Fort Worth ESG Funds $ 3,-- 39 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 $ o 1 1 Match Funds Report CITY OF FORT WORTH HOUSING AND ECONOMIC DEVELOPMENT DEPARTMENT ESG 2009-2010 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: , ups+ 1—t� � / 'To Leer sae 25 /C4�C,�`t1cc�. r � 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.The tch funds identified in this report are not included as contribution for any other federally assisted pro' ct r program as required by 24 CFR 84.23(a)(Z) Date: Submitted by: Phone Number: 2 CITY OF FORT WORTH HOUSING AND ECONOMIC DEVELOPMENT DEPARTMENT COMPLIANCE DIVISION REQUEST FOR FUNDS AGENCY: YWCA Fort Worth&Tarrant County PROGRAM: Supportive Living ADDRESS: 512 W. 4th St. CONTRACT NUMBER: Fort Worth,TX 76102 CONTRACT AMOUNT: $13,039 CONTRACT DATE: 6/1/2009 DATE OF REQUEST: IDIS NUMBER: SECTION I (AGENCY) CURRENT MONTH CUMULATIVE 1. Reimbursement Request A. Expenditures: $ $ B. Reimbursement $ $ 2. Requested By: A. Agency Carol Klocek (Name) (Signature) (Date) SECTION 11 (CITY) 1. BUYSPEED-Purchasing Request A.BUYSPEED INPUT:Vendor/PO Number/Requisition Number: B. Fund/Account/Center: GR76/516010/017206363080 C.Total Amount of this Request: $ SECTION III(CITY) 1. Verification A. Contract Compliance Specialist Charletra Hurt (Name) (Signature) (Date) B. Accounting (Name) (Signature) (Date) 2.Authorization A. Grants Manager Barbara Asbury (Name) (Signature) (Date) B.Director Jesus"Jay"Chapa (Name) (Signature) (Date) Distribution: 1 Copy-Accounting 1 Copy-Compliance Note:Any Request for Funds that exceed$8500 requires the signature of both Grants Manager/Designee and Director CITY OF FORT WORTH ESG ATTACHMENT II HOUSING AND ECONOMIC AND DEVELOPMENT DEPARTMENT COMPLIANCE DIVISION ESG 2009-2010 YWCA of Fort Worth&Tarrant County AGENCY CONTRACT NO. DATE Supportive Living TO PROGRAM REPORT PERIOD ESG EXPENDITURES MATCHING FUNDS"REQUIRED" PROGRAM MONTHLY CUMULATIVE PROGRAM MONTHLY CUMULATIVE COST CATEGORY ACCOUNT BUDGET EXPENDITURES TO DATE BALANCE BUDGET EXPENDITURES TO DATE BALANCE ESSENTIAL SERVICES Salaries 516 010 13,039.00 FICA 518 010 Life Insurance 518 050 Health Insurance 518 060 Employment Tax-State 518 090 Worker's Comp 518 040 Retirement 518 070 OPERATIONS AND MAINTENANCE Salaries 516 010 FICA 518 010 Life Insurance 518 050 Health Insurance 518 060 Employment Tax-State 518 090 Worker's Comp 518 040 Retirement 518 070 Food Supplies 552 030 Telephone 535 040 Electric 535 020 Gas[Utilities] 535 010 Water/Waste Disposal 535 030 Building Lease 537 010 Custodial Services 539 220 Office Egt.RentaUsupplies 537 030 Printing 533 030 Repairs 536 010 Fidelity Bond 538 210 Liability Insurance 534 020 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 Eq ui pm a nt(Furnitu re/security System) 541 320 TOTAL 13,039.00 - MATCHING FUND SOURCES Contractor's 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 PREPARE ONE FORM FOR EACH SOURCE OF FUNDS DISTRIBUTION: 1 Copy-Accounting I Copy -Compliance I Copy -Agency CITY OF FORT WORTH HOUSING&ECONOMIC DEVELOPMENT DEPARTMENT COMPLIANCE DIVISION EXPENDITURES WORKSHEET YWCA of Fort Worth&Tarrant County Agency Date Supportive Living 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 27 28 29 30 31 32 33 34 35 36 37 38 39 TOTAL $0.00 TITLE OF AUTHORIZED OFFICER SIGNATURE AND DATE CITY OF FORT WORTH Attachment IVa HOUSING AND ECONOMIC DEVELOPMENT DEPARTMENT COMPLIANCE DIVISION ESG 2009-2010 1. Name and Address of Sub-Grantee 2. Project Name Supportive Living YWCA of Fort Worth&Tarrant Count 512 W.4th St. 3. Contract No. Fort Worth,TX 76102 4. Date of Request Month&Year 5. Program Services and Activities Current Month Cumulative Number of New Households and/or Persons Served 6.Direct Benefit (Continued) Extremely Low Very Low Income Low Income Income(0<30%) (31-50%) (51-80%) Above Low Income(80%>) Current Month Cumulative Household Size 1 2 3 4 5 6 7 8 0-30% $13,850 $15,850 $17,800 $19,800 $21,400 $22,950 $24,550 $26,1501 31-50% $23,100 $26,400 $29,700 $33,000 $35,650 $38,300 $40,900 $43,550 51-80% $36,950 $42,250 $47,500 $52,800 $57,000 $61,250 $65,450 $69,700 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. It is also acknowledged that the provision of false information could leave the certifying official subject to the penalties of federal,state,and local law. Date: Submitted by: Phone No. Signature Required CITY OF FORT WORTH Attachment IVb HOUSING AND ECONOMIC DEVELOPMENT DEPARTMENT COMPLIANCE DIVISION ESG 2009-2010 1. Name and Address of Sub-Grantee 2. Project Name Supportive Living YWCA of Fort Worth&Tarrant County 512 W.4th St. 3. Contract No. Fort Worth,TX 76102 4. Date of Request Month&Year 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 Violencel Elderl TOTA .01 0 Beneficiary by Housing Type: Number served in Emergency or Transitional SHELTER TYPE Current Month Cumulative Barracks Group/Large House Scattered Site Apartment Single Family Detached House Single Room Occupancy Mobile Home/Trailer Hotel/Motel Othe TOTAL] 0 0 ESG Funding Sources : Funding Amount Current Month Cumulative Total ESG Other Federal Local Government Private Fee 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. It is also acknowledged that the provision of false information could leave the certifying official subject to the penalties of federal,state,and local law. Date: Submitted by: Phone No. Signature Required CITY OF FORT WORTH Attachment IVc HOUSING AND ECONOMIC DEVELOPMENT DEPARTMENT COMPLIANCE DIVISION ESG 2009-2010 f. Name and Address of Sub-Grantee 2. Project Name Supportive Living YWCA of Fort Worth&Tarrant County 512 W.4th St. 3. Contract No. Fort Worth,TX 76102 4. Date of Request Month&Year RESIDENTIAL(EMERGENCY OR Current Cumulative TRANSITIONAL SHELTERS) Month Number of Adults Served Number Children Served TOTAL NON-RESIDENTIAL SERVICES Number of Adults and Children Served TOTAL ✓ EthnTo3Eif:t eeftan Race:Section Must be Completed) Tusi"Completeol Ngrt Hispaarc Current tlTprltc Hi 4pan Ci(Irent Nonsj?*n€t3 Month Cumulative C(rt6fgl1S _ , ,ijultltffafltiu.__v - t4lGrftf ✓ ,�GU131i118iYe " White Black/African American Asian American Indian/Alaskan Native Native Hawaiian/Other Pacific Islander Indian/Alaskan Native&White Asian&White Black/African American&White American Indian/Alaskan Native&Black African American Other Multi-Racial TOTAL 01 0 0 0 0 0 EMERGENCY OR TRANSITIONAL SHELTERS NUMBER OF INDIVIDUAL HOOUSEHOLDS(SINGLES): Current Month Cumulative Unaccompanied 18 and over Male IFemale Unaccompanied under 18 IMale JFemale NUMBER OF FAMILY HOUSEHOLDS WITH CHILDREN HEADED BY: Current Month, Cumulative Single 18 and over Male Female Single under 18 IMale 117emale NUMBER OF FAMILY HOUSEHOLDS WITH NO CHILDREN: TOTALI 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. It is also acknowledged that the provision of false information could leave the certifying official subject to the penalties of federal,slate,and local law. Date: Submitted by: Phone No. Signature Required CITY OF FORT WORTH Attachment V HOUSING AND ECONOMIC DEVELOPMENT DEPARTMENT COMPLIANCE DIVISION ESG 2009-2010 Agency/Address 2. Project Name: Supportive Living YWCA Fort Worth &Tarrant County 3. Contract No: Contract Date: June 1, 2009 512 W. 4th St. Contract Amount: $13,039 Fort Worth, TX 76102 4. Date of Request: Month &Year 5. PROGRAM SERVICES AND ACTIVITIES: CURRENT CUMULATIVE **Goals listed on Contract Exhibits A&B should be listed here. 6. SCOPE OF WORK NARRATIVE: 7. PROBLEMS ENCOUNTERED/SOLUTIONS PROPOSED: 8. ANTICIPATED ACTIVITY DURING THE NEXT MONTH: 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. It is also acknowledged that the provision of false information could leave the certifying official subject to the penalties of federal,state,and local law. Date: Submitted By: Phone No. Signature Required k � k § \ LU _w _ U. b _ E 2 CL 0 E \bui m c _ 2 0 z � \ z � � /\ CL u > e e o � e22 ) � 0C) loom LL \ . \ \ � _j n � � \ @a w uj / = 2 \ \ R o O 04 7 k \ ƒ§ Q w « 6 ■ A) ® e 0 — U R 2 cl E \/ LL 0 Q ® 7 # ] 0 CL ZU) k E Q w � S \ I Q q d a \ S / 7 as / k � � k 2 � k \ u > 0 x \ - ) A 0 - Z cc � \ A _ § 2 3 2 - m e co % / - & § Oa= / \ _ tf 0 G / f 3 � r0U) \ � � / 2 � t \ & �0 / § / o E » - 20 \ \ ] $ \ ) ) w / Q ± 2 k \ \ E - � M&C Review Pagel of 3 Official site of the City of Fort Worth,Texas FORT NORTH COUNCILAGENDA COUNCIL ACTION: Approved on 9/8/2009 DATE: 9/8/2009 REFERENCE NO.: C-23766 LOG NAME: 170910GRANTACT CODE: C TYPE: NON- PUBLIC CONSENT HEARING: NO SUBJECT: Authorize the Execution of Contracts and Interdepartmental Letters of Agreement for Social and Housing Services for Program Year 2009-2010 Funded with Grant Funds from the United States Department of Housing and Urban Development Under its Community Development Block Grant, Emergency Shelter Grant and Housing Opportunities for Persons with AIDS Program RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager, or his designee, to execute contracts for federal grant funds for Program Year 2009-2010 for Community Development Block Grant, Emergency Shelter Grant and Housing Opportunities for Persons with AIDS grant funds, contingent upon receipt of adequate funding from the United States Department of Housing and Urban Development; 2. Authorize the City Manager, or his designee, to extend or renew the contracts for up to one year if an agency requests an extension and such extension is necessary for completion of the program; and 3. Authorize the City Manager, or his designee, to amend the contracts, if necessary, to achieve program goals, provided any amendment is within the scope of the program and in compliance with all applicable laws and regulations governing the use of federal grant funds. DISCUSSION: On April 15, 2009, the City's Action Plan for use of federal grant funds under the Community Development Block Grant Program (CDBG), HOME Investment Partnerships Program (HOME), Emergency Shelter Grant (ESG), and Housing Opportunities for Persons With AIDS Program (HOPWA) (M&C G-16513)was submitted to the United States Department of Housing and Urban Development (HUD). On May 1, 2009, HUD requested a revised Action Plan that provided more detail on the programs to be undertaken. The City's revised Action Plan (M&C G-16600) was submitted to HUD on June 23, 2009, and approved on June 27, 2009. The revised Action Plan allocated $1,043,688.00 in CDBG funds to public services activities including child care, youth and senior services and other housing related services that benefit primarily low and moderate income or disabled and disadvantaged populations. It also allocated $865,754.00 in HOPWA funds to non-profit organizations providing housing and supportive services to persons with AIDS and awarded $279,757.00 in ESG funds to homeless services providers and local emergency shelters. The City's Community Development Council reviewed grant fund proposals and heard presentations in public meetings and recommended grant awards as part of the Action Plan development process. Contracts will be executed with the agencies listed below and in accordance with HUD recommendation, interdepartmental letters of agreement executed by the respective department heads will be used to govern all grant funded activities implemented by City departments. All contracts and interdepartmental letters of agreement will authorize reimbursement of eligible costs http://apps.cf\vnet.org/counciI_packet/mc—review.asp?ID=I 1724&councildate=9/8/2009 9/9/2009 M&C Review Page 2 of 3 as of their initial dates. In order to approve the revised Action Plan, HUD required that the eight programs listed below have a contract term of 11 months from July 1, 2009, to May 31, 2010, for their full grant award. Each agency or department was notified of the shortened contract period and agreed with the adjustment. Organization Amount Senior Citizen Services-Como Senior Citizens $18,000.00 Senior Citizen Services-Diamond Hill Senior Center $18,000.00 Senior Citizen Services-Doc Session Senior Citizens $16,000.00 YWCA Fort Worth and Tarrant County-Child Development Program $135,000.00 The Salvation Army-S.T.A.R.T. $20,000.00 CFW-PACSD-Northside Community Action Partners (CAP) Rehabilitation $6,431.00 CFW-PACSD-Northside Community Action Partners (CAP) Utility Payments $19,293.00 CFW-PACSD-Como Kids $25,000.00 CFW-PACS D-Wood haven After School Enrichment $16,200.00 TOTAL CDBG $ 273,924.00 The agencies implementing the programs and activities listed below will be awarded contracts for a full 12 month term. Community Development Block Grant(CDBG): Organization Amount AB Christian Learning Center-Stop Six Community Go Center $20,000.00 Boys and Girls Club of Greater Fort Worth-Estrellas $14,400.00 Cenikor Foundation-Substance Abuse Sevcs/Homeless $21,000.00 Child Care Associates-Child Care $117,000.00 CJ's Studio of Performing Arts-Dance Studio $10,886.00 Clayton YES-Greenbrier Preschool $18,000.00 Clayton YES-School Aged Child Care $54,000.00 Cook Children's Health Care System-Save a Smile $21,870.00 Cornerstone Assistance-New Life Center $15,297.00 Cultural Center of Americas-GED/Adult Literacy in Spanish $18,070.00 Day Resource Center for the Homeless $50,000.00 EFW Montessori School, Inc.-Montessori Child Care $20,000.00 Fort Worth Housing Authority-Amaka Child Care Center $27,000.00 Girls, Inc., of Tarrant County-Girl Power $12,600.00 CFW-HED Housing Counseling and Foreclosure Prevention $45,000.00 JMAC Youth Center of Tarrant County $25,000.00 The Ladder Alliance-Employment Training $20,000.00 Latin Arts Association, d/b/a Artes de la Rosa- After School Drama Program $20,000.00 Meals on Wheels, Inc., of Tarrant County-Home Delivered Meals $33,696.00 Mental Health Association of Tarrant County-Ombudsman Program $15,750.00 Mental Health Association of Tarrant County-Mental Health Advocate $22,275.00 Northside InterChurch Agency-Good Works/Buenas Obras $21,092.00 REACH, Inc. -Project Ramp $50,000.00 Tarrant Area Food Bank-Community Kitchen $18,000.00 United Community Centers-Crisis Intervention Program $16,200.00 UNT Health Science Center-Community Go Center $20,000.00 YMCA of Metropolitan-School Age Child Care $25,000.00 YWCA -My Own Place $17,628.00 http://apps.cfwnet.org/council_packet/mc_review.asp?ID=11724&councildate=9/8/2009 9/9/2009 M&C Review Page 3 of 3 TOTAL CDBG $769,764.00 Emergency Shelter Grant (ESG� Organization Amount Presbyterian Night Shelter-Emergency Shelter $181,561.00 SafeHaven of Tarrant County-Shelter Operations $20,000.00 SafeHaven of Tarrant County-Supportive Childcare $15,157.00 ",'(WCA Fort Worth and Tarrant County-Supportive Living $13,039.00 City of Fort Worth PACSD-SHIPP $50,000.00 TOTAL ESG $279,757.00 Housing Opportunities For Persons With AIDS (HOPWA): Organzation Amount AIDS Outreach Center-HOPWA $428,952.00 AIDS Resources of Rural Texas-HOPWA $102,778.00 Catholic Charities-Lady Hogan Project $64,652.00 Tarrant County Samaritan Housing, Inc.-Supportive Services $269,372.00 TOTAL HOPWA $865,754.00 FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations funds will be available in the current operating budget, as appropriated, of the Grants Fund, contingent upon approval and receipt of adequate funding from HUD for the term beginning June 1, 2009, and ending May 31, 2010. TO Fund/Account/Centers FROM Fund/Account/Centers GR76 539120 017206353XXX $279,757.00 GR76 539120 017206354XXX $865,754.00 GR76 539120 01720635OXXX $1,043,688.00 Submitted for City Manager's Office b Tom M. Higgins (6192) Originating Department Head: Jesus "Jay" Chapa (5804) Additional Information Contact: Barbara Asbury (7331) ATTACHMENTS http://apps.cf vnet.org/council_packet/mc_review.asp?ID=11724&councildate=9/8/2009 9/9/2009