HomeMy WebLinkAboutContract 43703 (2)CITY SECRETARY
CONTRACT NO. .J
STATE OF TEXAS
COUNTY OF TARRANT
This contract ("Contract") is made and entered into by and between the City of
Fort Worth (hereafter "City") and Catholic Charities of Fort Worth (hereafter "Agency"),
a Texas nonprofit corporation. City and Agency may be referred to individually as a
"Party" and jointly as "the Parties".
The Parties state as follows:
WHEREAS, City receives grant monies from the United States Department of
Housing and Urban Development ("HUD") through the Emergency Solutions Grant
Program ("ESG"), Program No. S-12-MC-48-0006, Catalog of Federal Domestic
Assistance No. 14.231;
WHEREAS, the ESG program is intended to provide homeless persons or persons
at risk of becoming homeless with financial assistance, basic shelter, essential supportive
services, and/or operations, as applicable;
WHEREAS, Agency submitted a proposal to use ESG funds for an eligible
Program (defined below) under the ESG Regulations (defined below) whereby Agency
will provide services as further described in Exhibit "A" - Program Summary;
WHEREAS, City citizens, the Community Development Council, and the City
Council have determined that ESG programs are needed by the City's citizens;
NOW, THEREFORE, the Parties understand and agree as follows:
1. INCORPORATION OF RECITALS.
City and Agency hereby agree that the recitals set forth above are true and correct
and form the basis upon which the Parties have entered into this Contract.
2. DEFINITIONS.
In addition to terms defined in the body of this Contract, the following terms shall
have the definitions ascribed to them as follows:
Area Median Income or AlVII means the median family income for the Fort Worth -
Arlington metropolitan statistical area as established by HUD. The 2012 income limits
are attached hereto as Exhibit F.
Business Diversity Enterprise Ordinance or BDE means the City's Business Diversity
Ordinance, Ordinance No. 20020-12-2011.
ESG PSA CONTRACT - CATHOLIC CHARITIES
OFFICIAL RECOR
CITY SECRI1*RY
E'G 11001" TX
Complete Documentation means:
• Attachments I and II, with supporting documentation as follows:
o Proof of expense: copies of timesheets, invoices, leases, service
contracts or other documentation showing that payment is due by
Agency.
o Proof of payment: cancelled checks, bank statements, or wire
transfers necessary to demonstrate that amounts due by Agency
were actually paid by Agency.
• Proof of client eligibility:
o In the event that Agency is a facility that provides a public service,
this means documentation that clients served by Agency are ESG
Eligible Clients.
o Source Documentation sufficient to show that clients participating
in the Program are ESG Eligible Clients.
• Other documentation: (i) documentation to show compliance with BDE
or DBE bidding process for procurement or Contract activities, if
applicable; and (ii) any other document or records reasonably necessary to
verify costs spent and client eligibility for the Program.
DBE means disadvantaged business enterprise.
Director means the Director of the City's Housing and Economic Development
Department.
Effective Date means October 1, 2012.
ESG Eligible Client means an individual or household that meets the definition of
"homeless" or "at risk of homelessness" as defined in the HEARTH Act
ESG Funds means City's ESG funds supplied by City to Agency under the terms of this
Contract.
ESG Regulations means regulations found in 24 CFR Part 576.
HEARTH Act means the Homeless Emergency Assistance and Rapid Transition to
Housing Act of 2009, 42 U.S.C. 11302 et seq.
HED Department means the City's Housing and Economic Development Department.
Program shall mean the service(s) described in Exhibit "A" - Program Summary.
Reimbursement Request shall mean all reports and other documentation described in
Section 9.
Source Documentation means documentation sufficient under FSG Regulations to
establish an individual or household as an ESG Eligible Client.
ESG PSA CONTRACT - CATHOLIC CHARITIES 2
Unduplicated Clients means a count of individuals served once in the Contract year.
Even if a person is served multiple times in the Contract year, they will only be counted
once when determining the number of Unduplicated Clients.
3. TERM.
3.1 Term.
The term of this Contract begins on October 1, 2012 and terminates on September
30, 2013 unless terminated as provided in this Contract.
4. DUTIES AND RESPONSIBILITIES OF CITY.
4.1 Provide ESG Funds.
City shall pay up to THIRTY EIGHT THOUSAND ONE HUNDRED SEVENTY
EIGHT AND 52/100 ($38,178 52) of ESG Funds on a reimbursement of expenses basis,
under the terms and conditions herein. This contract is contingent upon receipt by City of
ESG funds from HUD. If ESG funds are not received or if City's allocation of ESG
funds changes, City reserves the right to amend or terminate this Contract.
4.2 Monitor.
City will monitor the activities and performance of Agency and any of its
contractors or subcontractors as necessary, but no less than annually. Monitoring may
include all phases and aspects of Agency's performance to determine compliance with
the Program and other technical and administrative requirements of this Contract
including the adequacy of Agency s records and accounts.
5. DUTIES AND RESPONSIBILITIES OF AGENCY.
5.1 Required Services.
In accordance with the terms and conditions of this Contract, Agency shall
perform the service as described in Exhibit "A" - Program Summary.
5.2 Use of ESG Funds.
5.2.1. Expenditures in Compliance with ESG Regulations and Contract.
Agency shall be reimbursed for the Program costs with ESG Funds only if
City determines in its sole discretion that:
5.2.1.1 Costs are eligible expenditures in accordance with ESG
Regulations.
5.2.1.2 Costs are in compliance with this Contract and are
reasonable and consistent with industry norms.
5.2 1 3 Complete Documentation is submitted to City by Agency.
ESG PSA CONTRACT - CATHOLIC CHARITIES 3
5.2.2. Budget.
Agency agrees that ESG Funds will be reimbursed in accordance with Exhibit
"B" - Budget. During the Term, Agency may submit written requests to increase or
decrease line -item amounts in the Budget, including an explanation of why such
increases or decreases are necessary. All such requests must be approved by the Director
in writing, such approval being in the Director's sole discretion If Director gives written
approval of Agency's proposed Budget amendment (as approved the "Amended
Budget' ), then the Amended Budget will take effect on the first day of the month
following the month in which it was approved by Director, unless otherwise specified in
the amendment.
5.2.3 Change in Agency's Program Budget.
5.2.3.1 Agency will notify City promptly of any additional funds it
receives for operation of the Program, and City reserves the
right to amend this Contract in such instances to ensure
compliance with HUD regulations governing cost
allocation.
5.2.3.2.1
Agency agrees to utilize funds available under this Contract
to supplement rather than supplant funds otherwise
available for use in the Program.
5.2.4 Payment of ESG Funds to Agency.
ESG Funds will be disbursed to Agency on a reimbursement basis upon City's
approval of Agency's written and signed Reimbursement Requests, including submission
of Complete Documentation to City. If Agency expends all funds prior to September 20,
2013, City may hold back a small amount of ESG Funds until the end of the Tern.
During this interim period, Agency must continue to submit Reimbursement Requests
with an invoiced amount of $0.
5.3 Program Performance Milestones. Agency warrants that the Program will
achieve the following milestones:
onth
3
6
8
11
Expenditures
27.27%
54.54%
72.72%
100%
Unduplicated Clients (as
specified in Exhibit "A")
27.27%
54.54%
72.72%
100%
Failure of Agency to meet these milestones or material deviation from them as
outlined in this Section 5.3 is a breach of this Contract. For the purpose of this Section,
"material deviation" shall mean an excess of 10% lower than the specified goal. In the
event of such breach City reserves the right at its sole option to delay or withhold
payment of Reimbursement Requests, to lower Agency's allocation of ESG Funds, or to
terminate this Contract.
ESG PSA CONTRACT - CATHOLIC CHARITIES 4
5.4 Commingled Funds.
Agency 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.
5.5 Match.
Agency must match ESG Funds dollar for dollar with other sources. Potential
sources of match include any sources described at 42 U.S.C. 11375(a). Some common
sources include: (i) Agency funding from non-federal sources and eligible federal grants,
(ii) volunteer time, which may valued at $5/hour of time; and (iii) the value or fair rental
value of any donated materials of space. The values Agency assigns to all sources of
match are subject to review and approval by City.
5.5.1 Prior to September 10, 2012, Agency must submit to City a completed
Match Report (attached hereto as Exhibit H) detailing actual and anticipated match
sources.
5.5.2 With each Reimbursement Request, Agency must submit a log of funds
expended to date on the form provided in Exhibit H, plus documentation of any match
expenditures first reported in that month's Reimbursement Request.
5.5.3 Records regarding match funds must be kept by Agency in accordance
with Section 8.
5.5 4 If the expenditure of match funds and ESG Funds are not happening at
approximately the same pace, City reserves the right to withhold ESG Funds until match
expenditures are substantially the same as ESG Funds reimbursed to date.
6. CLIENT ELIGIBILITY VERIFICATION.
6.1 Client Eligibility.
Agencywill document the eligibility of all prospective clients. In all instances,
Agency may redact the client's personal information and substitute a client number
6.1.1 Agencies Receiving ESG Funds.
6.1.1.1 Coordination of Services. Agency must be active in the local
Continuum of Care (` CoC") and enter data in the local
Homeless Management Information System ("HMIS")
6.1 l 2 Homelessness Status. Agency must verify that all new clients
meet the definition of homeless or at risk of homelessness in
the HEARTH Act, as amended from time to time. Acceptable
forms of verification include:
i. For emergency shelter services for homeless persons
(including childcare for homeless clients):
ESG PSA CONTRACT - CATHOLIC CHARITIES 5
1. A signed, dated statement from the client stating
that the client is homeless, or that the client is
homeless by virtue of fleeing domestic violence.
ii. For homelessness prevention- financial assistance services:
1. Documentation that the individual or family has an
annual income at or below 30% of AMI,
2. Evidence documenting that the client does not have
sufficient resources or support networks
immediately available to prevent them from moving
to an emergency shelter or another place defined in
Category 1 of the `homeless" definition under the
HEARTH Act
3. Documentation of client's reasonable prospects of
resuming payment of rent or utilities, as applicable,
within a reasonable time, and
4. Documentation supporting the type and amount of
assistance provided including, but not limited to,
invoices, past due notices, and/or executed leases,
as applicable, and proof of payment by Agency.
For rapid re -housing services- financial assistance:
1. Documentation that the individual or family meets
the homeless definition in the HEARTH Act,
2. Documentation of rent reasonableness,
3. Documentation of client's reasonable prospects of
resuming payment of rent and/or utilities, as
applicable, within a reasonable time and
4. Evidence documenting that the client is not
receiving assistance from other rapid re-
housing/homelessness prevention agencies or
funding sources.
5. Documentation supporting the type and amount of
assistance provided including, but not limited to,
invoices, past due notices, and/or executed leases,
as applicable and proof of payment by the agency.
ESG PSA CONTRACT - CATHOLIC CHARITIES
iv. For housing relocation and stabilization services.
1. Documentation that services are provided for
eligible homeless and at risk of homelessness
clients as defined in the HEARTH Act, and
2. Documentation that any staff costs and or
relocation/stabilization services directly benefit the
eligible individual and families and are clearly
distinguished from the general administration of the
Program.
6.1.2 Performance Standards.
Agency must verify that the Program is tracking ESG activities and outcomes in
accordance with the City's performance standards as described in Exhibit "G" - ESG
Performance Standards. Data maintained in the HMIS or a comparable database is
preferred.
6.2 Submission of El&ibility Documentation.
Agency must submit copies of all relevant components of the eligibility
verification documentation described in Section 6.1 with Attachment III in each
month's Reimbursement Request, and must maintain copies of such documentation as
required under this Contract.
7. Additional ESG Requirements.
Agency agrees to comply with all requirements of the ESG Program as stated in
the ESG Regulations, including but not limited to the following:
7.1 Environmental Review.
ESG Funds will not be paid, and costs cannot be incurred until City has conducted
and completed an environmental review as required under 24 CFR Part 58. The
environmental review may result in a decision to proceed with, modify or cancel the
Program. Further, Agency will not undertake or commit any funds to physical or choice
limiting actions. Any violation of this provision will (i) cause this Contract to terminate
immediately; and (ii) require Agency to repay to City the ESG Funds it has already
received and forfeit any future payments of ESG Funds
7.2 Contract Not Constituting Commitment of Funds.
Notwithstanding any provision of this Contract, the Parties agree and
acknowledge that this Contract does not constitute a commitment of funds, and that such
commitment of funds or approval may occur only upon (1) satisfactory completion of
environmental review and receipt by City of an authorization to use grant funds from
HUD under 24 CFR Part 58, (2) approval of City's 2012-2013 Action Plan and receipt by
City of grant agreement from HUD
ESG PSA CONTRACT - CATHOLIC CHARITIES 7
7.3 Monitoring.
7.3.1 Agency understands and agrees that it will be subject to monitoring by
City for compliance with the ESG Regulations for the duration of this Contract and until
the Program is closed in HUD's IDIS system. Agency will provide reports and access to
Program files as requested by City for 5 years after closeout of this Contract in HUD's
IDIS system, and will meet all the reporting requirements set out in this Contract. This
Section shall survive the termination or expiration of this Contract.
7.3.2 City HUD, and the United States Comptroller General or their respective
representatives shall have access at all reasonable hours to the Agency's offices and
records dealing with the use of the ESG Funds that are the basis of this Contract, and
Agency's officers, directors, agents, employees, contractors and subcontractors for the
purpose of such monitoring.
7.3.3 In addition to other provisions of this Contract regarding frequency of
monitoring, City reserves the right to perform desk reviews or on -site monitoring of
Agency's compliance with the terms and conditions of this Contract, and of the adequacy
and timeliness of Agency s performance under this Contract After each monitoring visit,
City shall provide Agency with a written report of the monitor's findings. If the
monitoring report notes deficiencies in Agency's performance, the report shall include
requirements for the timely correction of said deficiencies by Agency. Failure by Agency
to take the action specified in the monitoring report may be cause for suspension or
termination of this Contract as provided herein.
7.3.4 Agency will maintain all records related to this Contract for a minimum of
five years after termination of the Contract.
7.4 Agency Procurement Standards.
Agency shall establish procurement procedures to ensure that materials and
services are obtained in a cost effective manner. When procuring services to be provided
under this Contract, Agency shall comply at a minimum with the procurement standards
at 24 CFR Part 84.40 through 24 CFR Part 84.48.
7.5 Cost Prmcinles/Cost Reasonableness.
Agency shall administer its use of ESG Funds in compliance with OMB Circular
A-122, "Cost Principles for Non -Profit Organizations", as amended from time to time.
The allowability of costs incurred for performance rendered shall be determined in
accordance with OMB Circular A-122 as supplemented by the provisions of this
Contract.
7.6 Accounting Standards.
Agency 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.
ESG PSA CONTRACT - CATHOLIC CHARITIES 8
7.7 Terms Annlicable to Agencies and Subcontractors.
Agency understands and agrees that all terms of this Contract, whether regulatory
or otherwise, shall apply to any and all contractors and subcontractors of Agency which
are in any way paid with ESG Funds or who perform any work in connection with the
Program. Agency shall cause all applicable provisions of this Contract to be included in
and made a part of any contract or subcontract executed in the performance of its
obligations hereunder. Agency shall monitor the services and work performed by its
contractors and subcontractors on a regular basis for compliance with the ESG
Regulations and Contract provisions. Agency is liable for all violations of the ESG
Regulations committed by its contractors or subcontractors. City maintains the right to
insist on Agency's full compliance with the terms of this Contract and Agency is
responsible for such compliance regardless of whether actions taken to fulfill the
requirements of this Contract are taken by Agency or by Agency's contractors or
subcontractors.
7.8 Uniform Administrative Requirements.
Agency will comply with the Uniform Administrative Requirements set forth in
24 CFR Part 576 (b), including but not limited to the policies, guidelines and
requirements of OMB Circular No. A-102 and OMB Circular No. A-87 as they relate the
acceptance and use of emergency shelter grant amounts by States and units of general
local government, and Nos. A-110 and A-122 as they relate to the acceptance and use of
emergency shelter grant amounts by private nonprofit organizations.
8. RECORD KEEPING, REPORTING AND DOCUMENTATION
TION
REOUIREMENTS.
8.1 Record Keening.
Agency shall maintain a record -keeping system as part of its performance of this
Contract and shall promptly provide City with copies of any document City deems
necessary for the effective fulfillment of City's monitoring and evaluation
responsibilities. Specifically, Agency will keep or cause to be kept an accurate record of
all actions taken and all funds spent, with source and back-up documentation and all
Tenant Documentation. Agency will maintain all records and documentation related to
this Contract for 5 years after termination of this Contract. If any claim litigation, or
audit is initiated before the expiration of the 5 year period, the records must be retained
until all such claims, litigation or audits have been resolved.
8.2 Access to Records.
City and any duly authorized officials of the federal government will have full
access to and the right to examine, audit, copy, excerpt and/or transcribe any of
Agency s records pertaining to all matters covered by this Contract.
8.3 Reports.
Agency will submit to City all reports and documentation described in this
Contract, in such form as City may prescribe, pertaining to the activities undertaken as a
result of this Contract. Failure to submit any report or documentation described in this
ESG PSA CONTRACT - CATHOLIC CHARITIES 9
Contract to City shall be an event of default of this Contract and City may exercise all of
its remedies for default under this Contract
8.4 Change in Reporting Requirements and Forms.
City retains the right to change reporting requirements and forms at its discretion.
City will notify Agency in writing of such change, and the Parties shall execute an
amendment to the Contract reflecting such change.
9. REIMBURSEMENT REQUIREMENTS.
9.1 Deadline for Submitting Reimbursement Requests.
Each Reimbursement Request shall be received by the City on or before the 15th
day of the month following the month expenses were paid. For example Reimbursement
Requests for June expenses must be received by July 15. In the event the 15th falls on a
weekend or City holiday, Reimbursement Requests shall be due the next business day.
Failure to submit a Reimbursement Request in a timely fashion will result in City
initiating procedures as outlined in Section 10 1. NOTWITHSTANDING ANYTHING
ABOVE, EXPENSES FOR SEPTEMBER 2013 MUST BE RECEIVED BY
SEPTEMBER 20, 2013. FAILURE TO SUBMIT A COMPLETE
REIMBURSEMENT REQUEST BY SEPTEMBER 20, 2013 WILL RESULT IN
AN AUTOMATIC FORFEITURE OF THE SEPTEMBER PAYMENT.
9.2 With each Reimbursement Request, Agency shall provide City with
Complete Documentation and the following reports as shown in EXHIBIT "D"
REIMBURSEMENT FORMS) and:
9.2.1 Attachment I — Invoice.
This report shall contain the amount requested for reimbursement each month,
and the cumulative reimbursement requested to date (inclusive of that month's request).
Even if Agency is requesting $0 for a particular month, this report must be submitted.
This report must be signed by an authorized signatory of the Agency. By signing
Attachment I, Agency is certifying that the costs are valid, eligible, and consistent with
the terms and conditions of this Contract and the data contained in the report is true and
correct.
9.2.2 Attachment II — Expenditure Worksheet.
This report shall itemize each expense requested for reimbursement by Agency
and shall include the Account corresponding the expense to a budget line item in
Attachment II In order for this report to be complete the following must be submitted:
9.2.2.1 For payroll expenses, timesheets signed by employees and
approved by supervisor for all payroll expenses listed.
Timesheets must distinguish between ESG funded time and
non-ESG funded time and reflect actual time spent on ESG
funded activities.
9.2 2 2 For non -payroll expenses, invoices for each expense listed
ESG PSA CONTRACT - CATHOLIC CHARITIES 10
with an explanation as to how the invoiced expense
pertains to the Program.
9.2.2.3 Proof that each expense was paid by Agency, which proof
can be satisfied by cancelled checks, wire transfer
documentation, paid receipts or other appropriate banking
documentation.
9.2.3 Attachment III — Client Data Report.
This report shall list each new client served during the month along with their
demographic information. Clients listed on previous months' reports should not be listed
again; each month's report should only contain a listing of new Unduplicated Clients. In
order for this report to be complete the following must be submitted:
9.2.3.1 Documentation of income verification for each client,
which will either be the Source Documentation described in
Section 6.2.1, or the completed Form of Self Certification
attached hereto as Exhibit "E" — Income Self
Certification.
9.2.4 Match Report.
This report shall document actual expenditure of match funds, as further described
in Section 5.6.
9.2.5 HMIS Report.
Agency shall submit an HMIS report at least quarterly to document Agency's
participation in a local Continuum of Care's Homeless Management Information System
("HMIS").
9.3 Withholding Payment.
CITY HAS NO OBLIGATION TO MAKE PAYMENT ON ANY
REIMBURSEMENT REQUEST THAT IS NOT RECEIVED BY THE DUE DATE.
Failure to timely submit Reimbursement Requests and Complete Documentation
along with any required reports shall be an event of default.
10. DEFAULT AND TERMINATION.
10.1 Failure to Submit Required Documentation
10.1.1 If Agency fails to submit a Reimbursement Request, or if the
submitted Reimbursement Request is incomplete or otherwise not in compliance with this
Contract or ESG Regulations as determined by City Agency shall be in default of this
Contract. City will notify Agency in writing of such default and the Agency will have 10
calendar days from the date of the written notice to submit or resubmit any such
Reimbursement Request to cure the default. If Agency fails to cute the default within
such time, Agency shall forfeit any payments otherwise due that month.
ESG PSA CONTRACT - CATHOLIC CHARITth S 11
10.1.2 NOTWITHSTANDING THE PROVISIONS OF SECTION
10.1.1, IF AGENCY FAILS TO SUBMIT THE REIMBURSEMENT REQUEST
DUE SEPTEMBER 20, 2013, OR IF THE SUBMITTED REIMBURSEMENT
REQUEST FOR SEPTEMBER 20, 2013 IS LATE, INCOMPLETE OR
OTHERWISE NOT IN COMPLIANCE WITH THIS CONTRACT OR ESG
REGULATIONS AS DETERMINED BY CITY, THERE WILL BE NO CURE
PERIOD AND ANY REIMBURSEMENT WILL BE AUTOMATICALLY
FORFIETED.
10.1.3 In the event of (i) an uncured default under Section 10.1.1or (ii)
more than 2 instances of default, cured or uncured, under such Section, City reserves the
right at its sole option to terminate this Contract effective immediately upon written
notice of such intent with no penalty or liability to City.
10.1.4 Notwithstanding anything to the contrary herein, City will not be
required to pay any ESG Funds to Agency during the period that any Reimbursement
Request, report or documentation is past due or is not in compliance with this Contract or
the ESG Regulations, or during any period during which Agency is in default of this
Contract.
10.1.5 In the event of termination under this Section 10.1, all ESG Funds
awarded but unpaid to Agency pursuant to this Contract shall be immediately forfeited
and Agency shall have no further right to such funds.
10.2 Failure to Maintain Documentation.
If Agency fails to maintain all records and documentation as required in Section
8, or if the maintained or submitted report or documentation is not incompliance with this
Contract or the ESG Regulations as determined by City in its sole discretion City will
notify Agency in writing and Agency will have 30 calendar days from the date of the
written request to obtain or recreate the missing records and documentation or submit or
resubmit any such report or documentation to City. If Agency fails to maintain the
required reports or documentation, or submit or resubmit any such report or
documentation within such time, City shall have the right to terminate this Contract
effective immediately upon written notice of such intent with no penalty or liability to
City. In the event of termination under this Section 10.2, any ESG Funds paid to Agency
must be repaid to City within 30 days of termination notice. Failure to repay such ESG
Funds will result in City exercising all legal remedies available under this Contract.
10.3 In General.
Subject to Section 10.1, and unless specifically provided otherwise in this
Contract, Agency shall be in default under this Contract if Agency breaches any term or
condition of this Contract. In the event that such a breach remains uncured after 30
calendar days following written notice by City (or such other notice period as may be
specified herein) or, if Agency has diligently and continuously attempted to cure
following receipt of such written notice but reasonably requires more than 30 calendar
days to cure as determined by both Parties mutually and in good faith, City shall have the
right to elect, as determined in City s sole discretion, to terminate this Contract effective
ESG PSA CONTRACT - CATHOLIC CHARITIES 12
immediately upon written notice of such intent to Agency, or to pursue any other legal
remedies available to City. In the event of termination under this Section 10.3, all ESG
Funds awarded but unpaid to Agency pursuant to this Contract shall be immediately
rescinded and Agency shall have no further right to such funds and any ESG Funds
already paid to Agency must be repaid to City within 30 days of the teimination. If such
ESG funds are not repaid to City within the 30 day period, City shall exercise all of its
remedies under this Contract.
10.4 No Funds Disbursed while in Breach.
Agency understands and agrees that no ESG Funds will be paid to Agency until
all defaults are cured to City's satisfaction.
10.5 No Compensation After Date of Termination,.
Agency shall not receive any compensation for work undertaken after the date of
the termination.
10.6 RiEhts of City Not Affected.
Termination shall not affect or terminate any of the existing rights of City against
Agency or which may thereafter accrue because of such default. Such termination does
not terminate any provisions of this Contract that have been expressly noted as surviving
the Tenn or termination of the Contract.
10.7 Waiver of Breach Not Waiver of Subsequent Breach.
The waiver of a breach of any term, covenant, or condition of this Contract shall
not operate as a waiver of any subsequent breach of the same or any other term, covenant
or condition hereof.
10.8 Civil, Criminal and Administrative Penalties.,
Failure to perform all the Contract terms may result in civil, criminal or
administrative penalties, including, but not limited to those set out in this Contract.
10.9 Termination for Cause.
City may terminate this Contract in the event of Agency's default, inability, or
failure to perfonnu or otherwise whenever such termination is determined by City to be in
City's best interest. Likewise, Agency may terminate this Contract if City does not
provide the ESG Funds substantially in accordance with this Contract.
10.10 Termination for Convenience.
In terminating in accordance with 24 C.F.R. 85.44 this Contract may be
terminated in whole or in part only as follows:
10.10.1 By City with the consent of Agency in which case the Parties shall
agree upon the termination conditions, including the effective date and in the case
of partial termination, the portion to be terminated or
10.10.2 By the Agency upon written notification to City, setting forth the
reasons for such termination, the effective date, and in the case of partial
ESG PSA CONTRACT - CATHOLIC CHARITI h S 13
termination, the portion to be terminated. However, if City determines in the case
of a partial termination that the remaining portion of the Contract to be performed
or ESG Funds to be spent will not accomplish the purposes for which the Contract
was made, City may terminate the Contract in its entirety.
10.11 Dissolution of AEencv Terminates Contract.
In the event Agency is dissolved or ceases to exist, all assets acquired with ESG
Funds including cash, interest payments from loans or otherwise, all outstanding notes,
mortgages or other security instruments used to secure ESG Funds any accounts
receivable attributable to the use of ESG Funds, and any real or personal property owned
by Agency that was acquired or improved with ESG Funds shall automatically transfer to
City and this Contract shall terminate.
11. REPAYMENT OF ESG FUNDS.
All hSG Funds are subject to repayment in the event the Program does not meet
the requirements as set out in this Contract or in the FSG Regulations. If Agency takes
any action that (i) results in City receiving a finding from HUD about the Program, or (ii)
results in the City being required to repay all or any portion of the ESG Funds to HUD,
Agency agrees it will reimburse City for such repayment.
12. CHANGE IN NON-PROFIT STATUS.
If the non-profit status of Agency changes after the date of this Contract, City
may but is not obligated to, terminate this Contract Agency must provide City with
written notification of any changes to its non-profit status within 15 days of being
notified of the change. City has 30 days to make such determination after receipt of
notice from Agency and failure to make such determination will constitute a waiver. In
the event of termination under this Section 12, all ESG Funds awarded but unpaid to
Agency pursuant to this Contract shall be immediately rescinded and Agency shall have
no further right to such funds Any ESG Funds already paid to Agency must be repaid to
City within 30 days of the termination.
13. SURVIVAL.
Any provision of this Contract that pertains to auditing, monitoring, client income
eligibility, record keeping and reports, City ordinances, or applicable ESG requirements,
and any default and enforcement provisions necessary to enforce such provisions shall
survive the termination of this Contract for five (5) years after the termination date and
shall be enforceable by City against Agency.
14. GENERAL PROVISIONS
14.1 Agency an Independent Contractor.
Agency shall operate hereunder as an independent contractor and not as an
officer, agent, servant or employee of City. Agency shall have exclusive control of, and
the exclusive right to control, the details of the work and services performed hereunder
ESG PSA CONTRACT - CATHOLIC CHARITIES 14
and all persons performing same, and shall be solely responsible for the acts and
omissions of its officers, members, agents, servants, employees, contractors, clients
licensees or invitees.
14.2 Doctrine of Resnondeat Sunerior.
The doctrine of respondeat superior shall not apply as between City and Agency,
or its officers, members, agents, servants, employees contractors, clients, licensees or
invitees, and nothing herein shall be construed as creating a partnership or Joint enterprise
between City and Agency. City does not have the legal right to control the details of the
tasks performed hereunder by Agency, its officers members, agents, employees,
contractors, licensees or invitees.
14.3 Agencv Pronerty. City shall under no circumstances be
responsible for any property belonging to Agency, its officers, members, agents,
employees, contractors, clients, licensees or invitees that may be Lost, stolen or destroyed
or in any way damaged and AGENCY HEREBY INDEMNIFIES AND HOLDS
HARMLESS CITY AND ITS OFFICERS, AGENTS, AND EMPLOYEES FROM
ANY AND ALL CLAIMS OR SUITS PERTAINING TO OR CONNECTED WITH
SUCH PROPERTY.
14.4 Religious Organization.
No portion of the ESG Funds shall be used in support of any sectarian or religious
activity In addition, there must be no religious or membership criteria for clients of a
ESG-funded service.
14.5 Audit.
14.5.1 Entities that Expend $500,000 or more in Federal Funds Per
Year.
All non-federal entities that expend $500,000 or more in Federal funds within one
year, regardless of the source of the Federal award, must submit to City an annual audit
prepared in accordance with specific reference to OMB Circulai A-133. The audit shall
cover the Agency's fiscal years during which this Contract is in force. The audit must be
prepared by an independent certified public accountant, be completed within 6 months
following the end of the period being audited and be submitted to City within 30 days of
its completion. Agency's audit certification is attached hereto as Exhibit `C ' — ' Audit
Certification Form' and "Audit Requirements". The Audit Certification Form must
be submitted to City prior to or along with the first Reimbursement Request Entities that
expend less than $500,000 a year in Federal funds aie 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
14.5.2 City Reserves the Right to Audit.
City reserves the right to perform an audit of Agency's Progiam operations and
finances at any time during the term of this Contract and for 5 years after the termination
thereof. Agency agrees to allow access to all pertinent materials as described herein. If
such audit reveals a questioned practice or expenditure, such questions must be resolved
ESG PSA CONTRACT - CATHOLIC CHARITIES 15
within 15 business days after notice to Agency of such questioned practice or
expenditure If questions are not resolved within this period, City reserves the right to
withhold further funding under this and/or future contract(s) with Agency IF AS A
RESULT OF ANY AUDIT IT IS DETERMINED THAT AGENCY HAS
FALSIFIED ANY DOCUMENTATION OR MISUSED, MISAPPLIED OR
MISAPPROPRIATED ESG FUNDS OR SPENT ESG FUNDS ON ANY
INELIGIBLE ACTIVITIES, AGENCY AGREES TO REIMBURSE CITY THE
AMOUNT OF SUCH MONIES PLUS THE AMOUNT OF ANY SANCTIONS,
PENALTY OR OTHER CHARGE LEVIED AGAINST CITY BY HUD BECAUSE
OF SUCH ACTIONS.
14.6 Venue.
Venue for any action, whether real or asserted, at law or in equity, arising out of
the execution, performance, attempted performance or non-performance of this Contract,
shall lie in Tarrant County, Texas.
14.7 Governing Law.
In any questions involving state law, for any action, whether real or asserted, at
law or in equity, arising out of the execution, performance or non-performance of this
Contract, in any issue not governed by federal law, the choice of law shall be the law
from the State of Texas.
14.8 Severabilitv.
The provisions of this Contract are severable and, if for any reason a clause,
sentence paragraph or other part of this Contract shall be determined to be invalid by a
court or Federal or state agency, board or commission having jurisdiction over the subject
matter thereof, such invalidity shall not affect other provisions which can be given effect
without the invalid provision.
14.9 Written Agreement Entire Contract.
This written instrument and the Addendums, Attachments, and Exhibits attached
hereto, which are incorporated by reference and made a part of this Contract for all
purposes, constitute the entice agreement by the Parties hereto concerning the work and
services to be performed under this Contract. Any prior or contemporaneous oral or
written agreement, which purports to vary the terms of this Contract, shall be void Any
amendments to the terms of this Contract must be in writing and must be executed by
each Party to this Contract.
14.10 Paragraph Headines for Reference Only, No Legal
Sienificance.
The paragraph headings contained herein are for convenience in reference to this
Contract and are not intended to define or to limit the scope of any provision of this
Contract.
14.11 Compliance With All Applicable Laws and Regulations
By signing this Contract, Agency certifies that it complies with all applicable laws
and regulations that are currently in effect or that are hereafter amended during the
ESG PSA CONTRACT - CATHOLIC CHART IIES 16
performance of this Contract. Those laws include, but are not limited to:
➢ ESG Regulations found in 24 CFR Part 576.
➢ Subtitle B of Title IV of the the McKinney-Vento Homeless Assistance Act,
as amended, (42 USC 11371)
➢ Title VI of the Civil Rights Act of 1964 (42 U.S.C. Sections 2000d et seq.)
including provisions requiring recipients of federal assistance to ensure
meaningful access by person of limited English proficiency
➢ The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C.
Sections 3601 et seq.)
➢ Executive Orders 11063, 11246 as amended by 11375 and 12086 and as
supplemented by Department of Labor regulations 41 CFR, Part 60
➢ The Age Discrimination in Employment Act of 1967
➢ The Age Discrimination Act of 1975 (42 U.S.C. Sections 6101 et seq.)
➢ The Uniform Relocation Assistance and Real Property Acquisition Policies
Act of 1970 (42 U.S.C. Sections 4601 et seq. and 49 CFR Part 24) ("URA")
➢ Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. Sections 794 et seq.)
and 24 CFR Part 8 where applicable
➢ National Environmental Policy Act of 1969, as amended, 42 U.S.C. sections
4321 et seq. ("NEPA") and the related authorities listed in 24 CFR Part 58.
➢ The Clean Air Act, as amended, (42 U.S.0 Sections 1251 et seq.) and the
Clean Water Act of 1977, as amended (33 U.S.C. Sections 1251 et seq.) and
the related Executive Order 11738. In no event shall any amount of the
assistance provided under this Contract be utilized with respect to a facility
that has given rise to a conviction under the Clean Air Act or the Clean Water
Act.
➢ Immigration Reform and Control Act of 1986 (8 U.S.C. Sections 1101 et seq.)
specifically including the provisions requiring employer vei ifications of legal
status of its employees
➢ The Americans with Disabilities Act of 1990 (42 U.S.C. Sections 12101 et
seq.), the Architectural Barriers Act of 1968 as amended (42 U.S.C. sections
4151 et seq.) and the Uniform Federal Accessibility Standards, 24 CFR Part
40, Appendix A
➢ Regulations at 24 CFR Part 87 related to lobbying, including the requirement
that certifications and disclosures be obtained from all covered persons
➢ Drug Free Workplace Act of 1988 (41 U.S C. Sections 701 et seq.) and 24
CFR Part 23, Subpart F
➢ Executive Order 12549 and 24 CFR Part 5.105(c) pertaining to restrictions on
participation by ineligible debarred or suspended persons or entities
➢ Section 6002 of the Solid Waste Disposal Act, as amended by the Resource
Conservation and Recovery Act
➢ Guidelines of the Environmental Protection Agency at 40 CFR Part 247
➢ For contracts and subgrants for construction or repair, Copeland "Anti -
Kickback" act (18 U.S C. 874) as supplemented in 29 CFR Part 5
➢ For construction contracts awarded by Agency in excess of $2,000, and in
excess of $2,500 for other contracts which involve the employment of
mechanics or laborers, Sections 103 and 107 of the Contract Woik Hours and
ESG PSA CONTRACT - CATHOLIC CHARITIES 17
Safety Standards Act (40 U.S.C. 327A 300) as supplemented by 29 CFR Part
5
➢ Lead -Based Paint Poisoning Prevention Act (42 U.S.0 4801 et seq.), as
amended by the Residential Lead -Based Paint Hazard Reduction Act of 1992
(42 U S.C. 4851 et seq.) and implementing regulations at 24 CFR Part 35,
subparts A, B, M, and R
➢ Uniform Administration Requirements of 24 CFR Part 85
Requirement that Law Be Quoted in Covered Contracts. — Certain Requirements
Pertaining to Section 3 of the Housing and Urban Development Act of 1968 as amended
(12 U.S.C. Sections 1701 et sea) and its related regulations at 24 CFR Part 135
If the work performed under this Contract is on a program 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, shown in italics be inserted in all
covered contracts ("Section 3 Clause"):
Section to be quoted in covered contracts begins:
"A. The work to be performed under this contract is subject to the
requirements of Section 3 of Housing and Urban Development Act of
1968, as amended, 12 USC. section 1701u (Section 3). The purpose of
Section 3 is to ensure that employment and other economic opportunities
generated by HUD assisted or HUD -assisted programs 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 certift 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 it has a collective bargaining
agreement or other understanding, if any, a notice advising the labor
organization or workers' representatives 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 apprentice 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 that it will include this Section 3 clause in
every subcontract to comply with regulation 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 finding that the
ESG PSA CONTRACT - CATHOLIC CHARITIES 18
subcontractor is in violation of the regulations in 24 CFR Part 135. The
contractor will not subcontract with any subcontractor where it has notice
or knowledge that the subcontractor has been found in violation of
regulations in 24 CFR 135.
E. The contractor will cert that any vacant employment positions,
including training positions that are filed: (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. The contractor
will not subcontract with any subcontractor where it has notice or
knowledge that the subcontractor has been found in violation of
regulations in 24 CFR 135.
F. Noncompliance with HUD's regulation 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. section 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
79b) agree to comply with Section 3 to the maximum extent feasible, but
not in derogation of compliance with Section 7(b). "
Section to be quoted in covered contracts ends.
City and Agency understand and agree that, if applicable to the Program,
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 Agency, and their respective
successors, assigns and the contractors. Failure to fulfill these requirements. shall subject
Agency and its contractors 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
14.12 Prohibition AEainst Discrimination.
14.12.1 General Statement.
Agency, in the execution, performance or attempted performance of this Contract,
shall comply with all non-discrimination requirements of 24 CFR Part 5 as modified by
24 CFR 576.57(a) and the ordinances codified at Chapter 17, Article III, Division 4 —
Fair Housing of the City Code. Agency may not discriminate against any person because
of race, color, sex, gender, religion, national origin familial status, disability or perceived
disability, sexual orientation, gender identity, gender expression or transgender, nor will
Agency permit its officers, members, agents, employees, or clients to engage in such
discrimination.
ESG PSA CONTRACT - CATHOLIC CHART I'IES 19
This Contract is made and entered into with reference specifically to the
ordinances codified at Chapter 17, Article III Division 3 - Employment Practices of the
City Code, and Agency hereby covenants and agrees that Agency, its officers, members,
agents, employees and contractors, have fully complied with all provisions of same and
that no employee, or applicant for employment has been discriminated against under the
terms of such ordinances by either or its officers, members, agents, employees or
contractors.
14.12.2 No Discrimination in Employment during the Performance of
this Contract.
During the performance of this Contract Agency agrees to the following
provision, and will require that its contractors and subcontractors also comply with such
provision by including it in all contracts with its contractors:
[Contractor or subcontractor's name] will not unlawfully discriminate against any
employee or applicants for employment because of race, color sex, gender, religion,
national origin, familial status disability or perceived disability, sexual orientation,
gender identity, gender expression or transgender. Agency will take affirmative action to
ensure that applicants are hired without regard to race, color, sex, gender, religion,
national origin, familial status, disability or perceived disability, sexual orientation,
gender identity, gender expression or transgender and that employees are treated fairly
during employment without regard to their race, color sex, gender, religion, national
origin, familial status, disability or perceived disability, sexual orientation, gender
identity, gender expression or transgender. Such action shall include, but not be limited
to, the following employment, upgrading demotion or transfer, recruitment or
recruitment advertising, layoff or termination, rates of pay or other forms of
compensation, and selection for training including apprenticeship. Agency agrees to post
in conspicuous places, available to employees and applicants for employment, notices
setting forth the provisions of this nondiscrimination clause.
[Contractor or subcontractor's name] will, in all solicitations or advertisements
for employees placed by or on behalf of Agency, state that all qualified applicants will
receive consideration for employment without regard to race, color, sex, gender, religion,
national origin, familial status, disability or perceived disability, sexual orientation,
gender identity, gender expression or transgender.
[Contractor or subcontractor's name] covenants that neither it nor any of its
officers members, agents, employees, or contractors, while engaged in performing this
Contract, shall, in connection with the employment, advancement or discharge of
employees or in connection with the teams, conditions or privileges of their employment,
discriminate against persons because of their age or because of any disability or
perceived disability except on the basis of a bona fide occupational qualification,
retirement plan or statutory requirement.
[Contractor or subcontractor's name] further covenants that neither it nor its
officers members, agents employees, contractors, or persons acting on their behalf, shall
ESG PSA CONTRACT - CATHOLIC CHARITIES 20
specify, in solicitations or advertisements for employees to work on this Contract, a
maximum age limit for such employment unless the specified maximum age limit is
based upon a bona fide occupational qualification, retirement plan or statutory
requirement.
14.12.3 Agencv's Contractors and the ADA.
In accordance with the provisions of the Americans With Disabilities Act of 1990
( `ADA"), Agency warrants that it and any of its contractors will not unlawfully
discriminate on the basis of disability in the provision of services to the general public,
nor in the availability, terms and/or conditions of employment for applicants for
employment with, or employees of Agency or any of its contractors. AGENCY
WARRANTS IT WILL FULLY COMPLY WITH 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 CONTRACTORS AGAINST CITY ARISING OUT OF
AGENCY'S AND/OR ITS CONTRACTORS', AGENTS' OR EMPLOYEES'
ALLEGED FAILURE TO COMPLY WITH THE ABOVE -REFERENCED LAWS
CONCERNING DISABILITY DISCRIMINATION IN THE PERFORMANCE OF
THIS CONTRACT.
14.13. Prohibition Aeainst Interest / Conflict of Interest.
14.13.1 Agency shall establish safeguards to prohibit its employees, board
members advisors and agents from using positions for a purpose that is or gives the
appearance of being motivated by a desire for private gain for themselves or others,
particularly those with whom they have family, business or other ties. Agency shall
disclose to City any conflict of interest or potential conflict of interest described above,
immediately upon discovery of such.
14.13.2 No persons who are employees, agents, consultants, officers or
elected officials or appointed officials of City or of Agency who exercise or have
exeicised anyfunctions or responsibilities with respect to activities assisted with ESG
funds or who are in a position to participate in a decision -making process or gain inside
information with regard to these activities may utilize ESG services, may obtain a
financial interest or benefit from a ESG-assisted activity, or have an interest in any
contract subcontract or agreement with respect thereto, or the proceeds thereunder, either
for themselves or those with whom they have family or business ties, during their tenure
or for 1 year thereafter, unless they are accepted in accordance with the procedures set
forth at 24 CFR 576.57(d).
14.13.3 Agency affirms that it will adhere to .the provisions of the Texas
Penal Code which prohibits bribery and gifts to public servants.
14.13.4. The conflict of interest provisions of 24 CFR Part 85.36 and 24
CFR Part 84.42, respectively, shall apply in the procurement of property and services by
Agency. In all cases not governed by those sections, the provisions of 24 CFR 576.57(d)
ESG PSA CONTRACT - CATHOLIC CHARITIES 21
of the ESG Regulations shall apply.
14.14 Subcontracting with Small and Minority Firms, Women's
Business Enterprises and Labor Surplus Areas.
14.14.1 For procurement contracts $50,000 or larger Agency agrees to
abide by City's policy to involve Minority Business Enterprises and Small Business
Enterprises and to provide them equal opportunity to compete for contracts for
construction, provision of professional services, purchase of equipment and supplies and
provision of other services required by City. Agency agrees to incorporate the City's
BDE Ordinance, and all amendments or successor policies or ordinances thereto, into all
contracts and subcontracts for procurement $50,000 or larger and will further require all
persons or entities with which it so contracts to comply with said ordinance.
14.14.2 It is national policy to award a fair share of contracts to
disadvantaged business enterprises (DBEs), small business enterprises (SBhs), minority
business enterprises (MBEs), and women's business enterprises (WBEs) Accordingly,
affirmative steps must be taken to assure that DBFs, SBEs, MBEs, and WBEs are utilized
when possible as sources of supplies, equipment, construction and services.
14.15 Other Laws.
The failure to list any federal, state or City ordinance, law or regulation that is
applicable to Agency does not excuse or relieve Agency from the requirements or
responsibilities in regard to following the law, nor from the consequences or penalties for
Agency's failure to follow the law, if applicable.
14.16 Assignment.
Agency shall not assign all or any part of its rights, privileges, or duties under this
Contract without the prior written approval of Director. Any attempted assignment of
same without approval shall be void, and shall constitute a breach of this Contract.
14.17 Right to Inspect Agency Contracts.
It is agreed that City has the right to inspect and approve in writing any proposed
contracts between Agency and any contractor engaged in any activity in conjunction with
this ESG funded Program prior to any charges being incurred.
14.18 Force Maieure
If Agency becomes unable, either in whole or part, to fulfill its obligations under
this Contract due to acts of God, strikes, lockouts or other industrial disturbances, acts of
public enemies, wars, blockades, insurrections, riots, epidemics, earthquakes, fires,
floods, restraints or prohibitions by any court, board, department, commission or agency
of the United States or of any States civil disturbances, or explosions, or some other
reason beyond Agency's control (collectively, `Force Majeure Event"), the obligations
so affected by such Force Majeure hvent will be suspended only during the continuance
of such event Agency will give City written notice of the existence, extent and nature of
the Force Majeure Event as soon as reasonably possible after the occurrence of the event.
Failure to give notice will result in the continuance of Agency's obligation regardless of
ESG PSA CONTRACT - CATHOLIC CHARITIES 22
the extent of any existing Force Majeure Event. Agency will use commercially
reasonable efforts to remedy its inability to perform as soon as possible.
15. Indemnification and Release.
AGENCY COVENANTS AND AGREES TO INDEMNIFY, HOLD
HARMLESS AND DEFEND, AT ITS OWN EXPENSE, CITY AND ITS
OFFICERS, AGENTS, SERVANTS AND EMPLOYEES FROM AND AGAINST
ANY AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE
AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL
PERSONS, OF WHATSOEVER 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 AGENCY HEREBY
ASSUMES ALL LIABILITY AND RESPONSIBILITY OF CITY AND ITS
OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES FOR ANY AND ALL
CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR
PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF
WHATSOEVER KINDS OR CHARACTER, WHETHER REAL OR ASSERTED,
ARISING OUT OF OR IN CONNECTION WITH THE EXECUTION,
PERFORMANCE, ATTEMPTED PERFORMANCE OR NONPERFORMANCE
OF THIS CONTRACT AND/OR THE OPERATIONS, ACTIVITIES AND
SERVICES OF THE PROGRAM DESCRIBED HEREIN, WHETHER OR NOT
CAUSED IN WHOLE OR IN PART BY ALLEGED NEGLIGENCE OF
OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS OR
SUBCONTRACTORS OF CITY. AGENCY LIKEWISE COVENANTS AND
AGREES TO AND DOES HEREBY INDEMNIFY AND HOLD HARMLESS
CITY FROM AND AGAINST ANY AND ALL INJURY, DAMAGE OR
DESTRUCTION OF PROPERTY OF CITY, ARISING OUT OF OR IN
CONNECTION WITH ALL ACTS OR OMISSIONS OF AGENCY, ITS
OFFICERS, MEMBERS, AGENTS, EMPLOYEES, CONTRACTORS,
SUBCONTRACTORS, INVITEES, LICENSEES, OR CLIENTS, OR CAUSED, IN
WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS,
SERVANTS, EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS OF
CITY.
IT IS THE EXPRESS INTENTION OF THE PARTIES, BOTH AGENCY
AND CITY, THAT THE INDEMNITY PROVIDED FOR THIS SECTION
INCLUDES INDEMNITY BY AGENCY TO INDEMNIFY AND PROTECT CITY
FROM THE CONSEQUENCES OF CITY'S OWN NEGLIGENCE, WHETHER
THAT NEGLIGENCE IS ALLEGED TO BE THE SOLE OR CONCURRING
CAUSE OF THE INJURY, DAMAGE OR DEATH.
ESG PSA CONTRACT - CATHOLIC CHARITIES 23
AGENCY AGREES TO AND SHALL RELEASE CITY, ITS AGENTS,
EMPLOYEES, OFFICERS AND LEGAL REPRESENTATIVES FROM ALL
LIABILITY FOR INJURY, DEATH, DAMAGE OR LOSS TO PERSONS OR
PROPERTY SUSTAINED IN CONNECTION WITH OR INCIDENTAL TO
PERFORMANCE UNDER THIS CONTRACT, EVEN IF THE INJURY, DEATH,
DAMAGE OR LOSS IS CAUSED BY CITY'S SOLE OR CONCURRENT
NEGLIGENCE.
AGENCY SHALL REQUIRE ALL OF ITS CONTRACTORS AND
SUBCONTRACTORS TO INCLUDE IN THEIR CONTRACTS AND
SUBCONTRACTS A RELEASE AND INDEMNITY IN FAVOR OF CITY IN
SUBSTANTIALLY THE SAME FORM AS ABOVE
16. Waiver of Immunity by Agency.
If Agency, as a charitable or nonprofit organization has or claims an immunity or
exemption (statutory or otherwise) from and against liability for damages or injury,
including death to persons or property, Agency hereby expressly waives its rights to
plead defensively such immunity or exemption as against City. This section shall not be
construed to affect a governmental entity's immunities under constitutional, statutory or
common law.
17. Insurance and Bondin2.
Agency will maintain blanket fiduciary coverage in the form of insurance or bond
in the amount of $38,178.52 to reimburse City for any and all loss of ESG Funds To
effectuate such reimbursement, such fiduciary coverage shall include a rider stating that
reimbursement for any loss or losses thereunder shall be made directly to City. In
addition, Agency shall maintain an Employee Dishonesty policy to cover it for employee
theft of money, securities or property.
Agency shall carry insurance in the types and amounts for the duration of this
Contract as listed below, and furnish certificates of insurance along with copies of policy
declaration pages and policy endorsements as evidence thereof
Commercial General Liability ("CGL") Insurance
$1,000,000 Each Occurrence
$2,000,000 Aggregate Limit
The CGL policy shall be the primary insurance with respect to any other
insurance afforded the City. It shall have no exclusions or endorsements that
would alter or nullify premises/operations, products/completed operations,
contractual, personal injury or advertising injury which are normally contained
within the policy unless City approves such exclusions in writing.
Professional Liability (Errors and Omissions)
$1,000,000 Each Claim Limit
$1,000,000 Aggregate Limit
ESG PSA CONTRACT - CATHOLIC CHARITIES 24
Professional Liability coverage may be provided through an endorsement to the
Commercial General Liability policy, or a separate policy specific to Professional
Error and Omissions. Either is acceptable if coverage meets all other
requirements. Coverage shall be on an occurrence basis or claims -made basis,
and maintained for the duration of the Contract and for 2 years following
completion of services provided. An annual certificate of insurance shall be
submitted to the City to evidence coverage.
Automobile Liability
$1 000,000 each accident on a combined single -limit basis, or
$100,000 Property Damage
$250,000 Bodily injury per person
$500,000 Bodily Injury per person per occurrence
Coverage shall be a commercial business policy which provides coverage on
'Any Auto' , defined as any vehicle owned hired or non -owned. Specifically,
this means coverage on any vehicle used by the Agency's employees agents or
representatives in the course of the providing services under this Contract.
Workers Compensation Insurance
Statutory Limits
Employer s Liability
$100 000 Each accident/occurrence
$100 000 Disease - each employee
$500 000 Disease - policy limit
This coverage may be written as follows:
Workers' Compensation and Employers' Liability coverage with limits consistent
with statutory benefits outlined in the Texas Workers' Compensation Act (Art
8308 — 1.01 et seq. Tex. Rev. Civ. Stat.) and minimum policy limits for
Employers Liability of $100,000 each accident/occurrence, $500,000 bodily
injury disease policy limit and $100,000 per disease per employee.
Note: Such insurance shall cover employees performing work on any and all
Programs including but not limited to construction, demolition and rehabilitation
Agency or its contractors shall maintain coverages, if applicable. In the event the
respective contractors do not maintain coverage, Agency shall maintain the
coverage on such contractor, if applicable, for each contract.
Additional Requirements
Agency is responsible for providing City a 30 day notice of cancellation or non -
renewal of any insurance policy and may not change the terms and conditions of any
policy that would limit the scope or coverage, or otherwise alter or disallow coverage as
required herein.
ESG PSA CONTRACT - CATHOLIC CHARITI h S 25
Such insurance amounts may be revised upward at City's option no more
frequently than once every 12 months City shall give 90 days' notice to Agency of any
such adjustments.
Where applicable, insurance policies required herein shall be endorsed to include
City as an additional insured as its interest may appear. Additional insured parties shall
include City s employees, officers, agents, and volunteers This requirement does not
include Workers' Compensation or Automobile policies.
Certificates of Insurance shall be signed by an agent authorized to bind coverage
on behalf of on the insured, be complete in its entirety, and show complete insurance
carrier names as listed in the current A.M. Best Property & Casualty Guide.
Unless otherwise stated, all required insurance shall be written on an "occurrence
basis". If coverage is underwritten on a claims -made basis the retroactive date shall be
coincident with or prior to the date of the Contract and the certificate of insurance shall
state the coverage is claims -made and the retroactive date.
City shall be entitled, upon written request and without expense to receive copies
of policies and endorsements thereto and may make any reasonable requests for deletion
or revision or modifications of particular policy terms, conditions, limitations or
exclusions necessary to conform the policy and endorsements to the requirements of this
Contract. Deletions revisions or modifications shall not be required where policy
provisions are established by law or regulations binding upon either Party or the
underwriter of any such policies.
Any failure on part of City to request certificate(s) of insurance shall not be
construed as a waiver of such requirement or as a waiver of the insurance requirements
themselves.
Insurers of Agency's insurance policies shall be licensed to do business in the
state of Texas by the Department of Insurance or be otherwise eligible and authorized to
do business in the state of Texas. Insurers shall be acceptable to City insofar as their
financial strength and solvency and each such company shall have a current minimum
A.M Best Key Rating Guide rating of A: VII or other equivalent insurance industry
standard rating otherwise approved by City.
Deductible limits on insurance policies shall not exceed $5,000 per occurrence
unless otherwise approved by City.
In the event there are any local federal or other regulatory insurance or bonding
requirements for the Program, and such requirements exceed those specified herein, the
former shall prevail.
Agency shall require its contractors to maintain applicable insurance coverages,
limits, and other requirements as those specified herein; and, Agency shall require its
contractors to provide Agency with certificate(s) of insurance documenting such
ESG PSA CONTRACT - CATHOLIC CHARITIES 26
coverage. Also, Agency shall require its contractors to have City and Agency endorsed
as additional insureds (as their interest may appear) on their respective insurance policies.
18. Certification Regarding Lobbvina.
The undersigned representative of Agency hereby certifies, to the best of his or
her knowledge and belief, that:
No Federal appropriated funds have been paid or will be paid, by or on
behalf of Agency, to any person for influencing or attempting to influence
an officer or employee of any agency, a member of Congress, an officer or
employee of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan
the entering into of any cooperative agreement and the extension,
continuation, renewal, amendment or modification of any Federal
contract, grant, loan or cooperative agreement.
If any funds other than federally appropriated funds have been paid or will
be paid to any person for influencing or attempting to influence an officer
or employee of any agency, member of Congress in connection with this
Federal contract grant, loan or cooperative agreement, Agency shall
complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
This certification is a material representation of fact upon which reliance
was placed when this Contract was made or entered into. Submission of
this certificate is a prerequisite for making or entering into this Contract
imposed by 31 U.S.C. Section 1352. Any person who fails to file the
required certification shall be subject to a civil penalty of not less than
$10,000.00 and not more than $100,000.00 for each such failure.
Agency shall require that the language of this certification be included in all
subcontracts or agreements involving the expenditure of Federal funds.
ESG PSA CONTRACT - CATHOLIC CHARITIES 27
19. Litigation and Claims
Agency shall give City immediate notice in writing of any action, including any
proceeding before an administrative agency, filed against Agency in conjunction with this
Contract or the Program. Agency shall furnish immediately to City copies of all pertinent
papers received by Agency with respect to such action or claim. Agency shall provide a
notice to City within 10 days upon filing under any bankruptcy or financial insolvency
provision of law.
20. Notice.
All notices required or permitted by this Contract must be in writing and are
deemed delivered on the earlier date of the date actually received or the third day
following deposit in a United States Postal Service post office or receptacle, with proper
postage, certified mail return receipt requested; and addressed to the other Party at the
address set out below or at such other address as the receiving Party designates by proper
notice to the sending Party.
City:
City Attorney's Office
1000 Throckmorton Street
Fort Worth, TX 76102
Telephone: 817-392-7600
Copy to:
Director of Housing and Economic Development
1000 Throckmorton Street
Fort Worth, TX 76102
Telephone: 817-392-7540
Copy to:
Program Coordinator
1000 Throckmorton Street
Fort Worth, TX 76102
Telephone: 817-3 92-75 3 6
Agency:
Catholic Charities of Fort Worth
Executive Director
249 W. Thornill
Fort Worth, TX 76115
817-289-2817
ESG PSA CONTRACT - CATHOLIC CHARITIES 28
21. Agency Has Legal Authority to Enter Into Contract.
Agency represents that it possesses the legal authority, pursuant to any proper,
appropriate and official motion, resolution or action passed or taken, to enter into this
Contract and to perform the responsibilities herein required.
22. Counterparts.
This Contract may be executed in multiple counterparts, each of which shall be
considered an original, but all of which shall constitute one instrument.
[SIGNATURES APPEAR ON NEXT PAGE]
ESG PSA CONTRACT - CATHOLIC CHARITIES 29
Secretar
M&C: C-25
Date: August 7, 2012
IN WITNESS WHEREOF4y n t ��-� hereto have executed 4 copies of this
Contract in Fort Worth, Tarrant Cz..
at%a0Att, toe effective October 1, 2012.
aoo�Opoa0
4)
ATTEST: n SA,o° CI FORT WORTH
0 wig0 -,4---•
0*92
�acy
000000 ,Cy
18EXAti
APPROVED AS TO FO AND LEGALITYC 410
Assistant City Attorney
CHA - I ,S OF FORT WORTH
By: T
Name: Heather er Rely olds
Title: Executive Director
STATE OF TEXAS §
COUNTY OF TARRANT §
wled ed before me onOi&t� roe 2012
This instrument was acknowledged � ,gby
Fernando Costa, Assistant City Manager of the City of Fort Worth, qn behalf the City of
Fort Worth. kA
neg:
1
.
*/0r : EVONIA DANIELS '
; ., J• ;: MY COMMISSION EXPIRES
,''%,9FAV July 10, 2013
ndo Costa, Assistant City Manager
ary Public, State of Texas
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on alS- °WV, 2012 by
Heather Reynolds, the Executive Director of Catholi Charities of Fort Worth, a non-
profit corporation, on behalf of said corporation.
Notary Public, State of Texas
[-OFFICIAL RECORD
CITY nCflTAKY
,twORTIt%
ESG PSA CONTRACT - CATHOLIC CHARITIES
30
CATHOLIC CHARITIES OF FORT
WORTH
HOMELESSNESS PREVENTION
PROGRAM SUMMARY
Emergency Solutions Grant
(ESO)
October 1, 2012 to September 30, 2013
PERIOD
EXEUNT A
PROGRAM SUMMARY
$38,178.52
AMOUNT
PR.OGRAMt
The Program provides each Unduplicated Client/Household with case management and
homeless prevention services.
Services will be available at 249 W. Thornill, Fort Worth, TX 76115 from 8:00 a.m. to 5:00
pan, Monday through Friday.
ESG funds will be used to pay for rent and utility assistance that will prevent homelessness.
REGULATORY CLASSIFICATION
Service Category (if more than one category, specify amount for each): Homelessness
Prrevrdu. Ra sal As htaate
Regulatory Citation(s)t 24 CFR 576.21
Based on the nature of the service provided, Agency will maintain documentation that
verifies that 100% clients served are homeless or at risk of homelessness based on the
current HUD definldons► For prevention activities, Agency will maintain documentation
that the individual or family has annual income at or below 30% of Area Median Income
(AMI) as established or defined by the United States Department of Housing and Urban
Development (HUD).
PROGRAM GOALS;
Provide services to approximately 42 Unduplicated Clients (15 households).
EXHIBIT A - CATHOLIC CHARITIES OF FORT WORTH
ESSENTIAL SERVICES
Salaries
Life Inn:ucance
Health Insurance
Unem$loy2nent
Worker's Co union
Retirement (FICA/Medicare)
Office Supplies
Posture
Printing
Craft Supplies
Food Supplies
Insurance
Accounting
Contract Labor
SHELTER OPERATIONS
Maintenance
Rent
Security
Immnnoe
Utilities
Supplies
Iiotel/Motel Vouchers
RENOVATIONS
SUBTOTAL
EMERGBNCYSHBLTBR
Salaries- Prevention
FICA Prevention
Life Insurance- Prevention
Health Ifisiaawo- Piovawuas
Disability Insurance- Prevention
Unemployment -State.
Prevention
Stinks-Rediatskta
FICA Reifousing.
Life Intumesce-Rehusing
Health Insurance- Rehousing
Disability Insurance- ReHoushut
Unemployment-State-
Rehousina
SUBTOTAL• HMS
Rental Assistance- Prevention
Rental Assistance- Refonsinq
Utility Payments- Prevention
Utility Deposits- ReHhusina
Costs- BeHousinit
Motel/Hotel Voucbaus-
ReHott Ina
security Degoatts- ISATsS
SUBTOTAL. FINANCIAL
ASSISTANCE
HMIS- Prevention
HMIS- Unman/
SUBTOTAL. HMIS
1001
1002
1003
1004
1005
1006
1007
1008
1009
1110
1111
1112
1113
1114
1115
1116
1117
1118
1119
1120
1121
2001
2002
2003
4
2005
2006
2007
2008
2009
2010
2011
2012
$51005
f383
$20
$8255
$49
$41
EXHIBIT B - BUDGET
3001 $29,10552
3002
3003 $2000 $38,178.52
3004
3005
3006
3007
4001
4002
FUNDING At TXU ENERGY AID
FUNDING Bs CATHOLIC CHARITIES
FUNDING C: ARLINGTON WATER
$550
$141,989
$5,679
$221419
$357
$1.1603
$101862
$I 1.190
$476
$155
$3,194
$21L298
$2,700
$190
$238
$2,470
$10,000 $321,822
FUNDING A: GOOD SHEPHERD
FUNDING Bt RELIANT
$72.000
$148,989
$5,679
$22619
$357
$1,603
$10,862
$11190
S476
$155
$3,194
$21?98
$2,700
$190
$238
$2.570
$72,000
$5,000 $375,000
Case Manager
Program Manager
FICA
Life Insurance
Health Insurance
Unemployment
Workers Compensation
Retirement
Office Supplies
Office Equipment Rental
Postage
Printing
Position Cost Type (Admin
or Housing
Relocation/Stabiliz
ation Services)
HR/SS
HR/SS
SALARY DETAIL
Rate Annual Hours
Percent of Payroll
7 65%
$12 per pay month
Per FTE
$500 per month per
FTE
4%
0.89•%
4%
Conference dt Seminars
Conshvction/Building Materials
Contract Labor
Craft Supplies
Credit Reports
Facility Fees
Field Trip Costs
Food Supplies
Mileage
Teaching Aids
$33.075
$43,049
FRINGE DETAIL
Amount
$383
$20
$825
$41
$49
$200
Percent to
Grant
$165 7.94%
$107 5.17%
I Percent to Grant
1.00%
0.05%
2.16%
0.11%
0.13%
0.52%
SUPPLIES AND SERVICES
Total Budget Percent to Grant
N/A
N/A
N/A
N/A
MISCELLANEOUS
Total Budget
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
Percent to Grant
Amount to
Grant
$3.032
$1,973
Amount to Grant
$383
$20
$825
$41
$49
$200
Amount to Grant
Amount to Grant
FACILITY AND UTILITIES
Total Budget Percent to Grant
Telephone N/A
Electric N/A
Gas N/A
Water and Wastewater N/A
Solid Waste Disposal N/A
Rent N/A
Custodial Services N/A
Repairs N/A
Cleaning Supplies N/A
Amount to Grant
LEGAL. FINANCIAL AND INSURANCE
Total Budget Percent to Grant Amount to Grant
Fidelity Bond (or Equivalent) N/A
General Commercial Liability N/A
Directors and Officers N/A
is al Fees N/A
Contract Accounting N/A
Rapid Re -Housing
Homelessness Prevention
Rapid Re -Housing
Homelessness Prevention
FINANCIAL ASSISTANCE
Total Budget
N/A
$31,105.52
HMIS
Total Bud}ret
N/A
$550
Percent to Grant
81.47%
Percent to Grant
1.44%
Amount to Grant
$31.105.52
Amount to Grant
$550
EXHIBIT C — Audit Certification Form
[See attached]
AUDIT CERTIFICATION FORM AND AUDIT REQUIREMENTS
Agency:
Fiscal Year Endings
■
■
During the fiscal year in which funds will be received, we will exceed the federal 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 seven (7) months after the end of the audited fiscal year
or thirty (30) days within its completion, whichever is the earlier date.
During the fiscal year in which funds will be received, we will not exceed the $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)
Total Federal Expenditures for this Fiscal Year:
Signatory and Title Date
Failure to submit this or a similar statement or failure to submit a completed smgle 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
Exhibit D - Reimbursement Forms
[See attached]
Agency:
Address:
City, State, Zip:
Program:
Period of Service:
INVOICE
JIB
voc=umuno:
Agency's Certification: I certify that the costs incurred are valid and
consistent with the terms and conditions of the contract between City and
Agency. By signing this invoice, I certify that to the best of my knowledge
and belief the data included in this report is true and accurate. It is
acknowledged that the provision of false information could leave the
certifying official subject to the penalties of federal, state, and local law.
Signature and Date:
Name:
Title:
Line No.
1
3
4
5
6
8
7
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
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
Total
Agency:
Program:
Check No.
Payee
Attachment II
City of Fort Worth
Housing and Economic Development Department
Expenditure Worksheet
Description*
Please grou9 like account codes.
Account Code (See
Key to Right)
*Payroll must identify employee. Rent must identify tenant. Other payments should identify individuals, if applicable.
1
Amount
1
For each agency, only list relevant codes
Expense Line Item
Account
ADMINISTRATIVE (HOPWA Only)
Saianes
FICA
Life Insurance
Health Insurance
Disabili y Insurance
Unemyo ent-State
Legal & Accountinc
PRO "RAM PERSO$I
Salaries
FICA
Life Insurance
Health Insurance
Unemplo ment
Worker's Compensation
Retirement
SUPPLIES nip SERVICES
Office Supplies 3001
Office Equipment Rental 3002
Poste 3003
Printir\ 3004
M( trE, :t4
Con erence & Seminars 4001
4002
4003
4004
4005
4006
4007
4008
4009
4010
Construction/Building Materials
Contract Labor
Craft Supplies
Credit Reports
Facility Fees
Field np Costs
Food Supplies
Mileage
Teaching Aids
FACILITY AND UTILITIES
Telephone
Electric
Gas
Water and Wastewater
Solid Waste Disposal
Rent
Custodial Services
Repairs
Cieaninp Sy dies
LEeA f plies1 MD� 4 LI CE
CreaninfFidelit y on or Al„t uivalent
Directors and Officers
General Commercial Liability
Leal Fees
Contract Accountin
1001
1002
1003
1004
1005
1006
1007
2001
2002
2003
2004
2005
2006
2007
5001
5002
5003
5004
5005
5006
5007
5008
5009
6001
6002
6003
6004
6005
Dic arre hccolars ips 70
Counseling - Individual Sessions
Counselin_ Group Sessions
Short-term Rent Assistance
Short-term Mortaa_ a Assistance
Short-term Utilities Assistance
Tenant Based Rental Assistance
CAPITAL OUTLAY
7002
7003
7004
7005
7006
7007
Furniture, Fixtures 80
Computers 8002
Office Equipment I 8003
Sport and Recreation Equipment I 8004
i
Agenry:
Program
Month:
Instructions:
The Ladder Alliance
Computer Skills Tranlmnq Program
ATTIII
UNDUPLICATED CLIENT DATA REPORT
WI a6P clients served
luMddaed1aHw81 saw ardlMq,tally.toonN6etdMdao). ach i Mama add any *Ng- - _ _.
pnwioo reported ones, t the contract jiver a tuber 1, lly*tease September an, 2013). Fiat,dur n t e Rnt month
during new, PregleOJY unreported e1MNs. You M9 also Mach gd111y documentation for each new dlent New 4mAmikaMd
during the that they recatve service. Even Na client continues to naive service tor multiple momha, they eery need to be IMtad one
/klta.Pulan"X'Meach appropriate box regarding the NMm's rail adgltely,race, eh. -
Disabled
OndcateOne)
Mwdan
Mdian or Y« Na
Maks Omer
American r . Hawaiian Indiana Blacker Native Multiple
Indiana Blacker or Other Alaskan African and Black Rage
AaMun African NOR Native Arian and American or African Canaria*
Native Satan American Islander Whn andWMo White and While American ' one
1
2
3
4
5
6
7
8
9
10
11
12
13
1a
15
16
17
16
19
20
21
22
23
24
25
26
27
26
29
30
31
32
33
34
35
M
37
38
39
40
41
42
43
44
45
46
47
48
NN size
NN tnrnna _ 1:11014
(Only choose 1 of thee columns) os1o. Ono)
430%AMI ]id0% s14f051 >80%AMI
AMI AMI
1414 550 1424,250 144.4300 1444360
16,800 2427.700 2413.750 2>343.750
18,700 3431,150 3449 850 3a340 e50 Yee No
4420.750 434.600 14155.350 4>355.350
14
5<.522,450 54337.403 54359.800 9359800
)84524.100 8'340.150 8464.250 6l364. 0
7425.750 7442950 7468.850 7468.650-
6427.400 8445 700 847310016>373.1 W
Exhibit E — Self Certification Forms
[See attached]
Revised as of August I, 2012
Applicant Name:
Current Address:
City and Zip:
Last Name
City of Fort Worth
CERTIFICATION OF INCOME STATEMENT
First Name
Phone #:
Household Members and Income
(includinit ant.. scant)
Age Monthly Source of Income
Income $$
TOTAL NUMBER OF FAMILY MEMBERS
Total Gross Annual Household Income:
c.
(Include Yourself Spouse, Children, eta.)
(Check one in each item. This Information is Res ed for Federal Reporting Patposes)
WHITE ❑ BLACK/AFRICAN AMERICAN a BLACK/AFRICAN AMERICAN & WHITE
AMERICAN INDIAN/ALASKAN NATIVE ASIAN
AMERICAN INDIAN/ALASKAN NATIVE & WHITE ASIAN & WHITE
0 NATIVE HAWATLAN/OTHER PACIFIC ISLANDER BALANCE/OTHER
AMERICAN INDIAN/ALASKAN NATIVE & BLACK/AFRICAN AMERICAN
ETHNICITY d. DISABLED e. IS HEAD OF HOUSEHOLD FEMALE?
In HISPANIC ❑ YES
U NON -HISPANIC a NO
YES
NO
Certification:
I certify that the information I am providing is true and could be subject to verification at any time by a third
party. I also acknowledge that the provision of false information could leave me subject to the penalties of
Federal, State and local law.
Signature of Applicant Date
WARNING: TITLE 18, SECTION 1001 OF THE U.S. CODE STATES THAT A PERSON IS GUILTY OF A FELONY
FOR KNOWINGLY AND WILLINGLY MAKING FALSE OR FRAUDULENT STATEMENTS TO ANY DEPARTMENT OF
THE UNITED STATES GOVERNMENT.
For use by agency staff
Household Size: Gross Annual Income:
Applicable Income Limit
Person Making Determination:
Is Applicant Eligible?
Date:
NOTE: Address, income amount and sources for ALL household members are required
Revised as of August 1, 2012
Ciudad de Fort Worth
CERTIFICACION DE DECLARACIoN DE INGRESOS
Nombre del Solicitante:
Direccibn de Actualidad: Telefono:
Ciudad y Codigo Postal:
Miembros Del Hotter e Inareso$
(Incluyendo el/la Solicitante)
Apellido Nombre Eclat Ingreso Origen de Ingresos
Mensual
• TOTAL NUMERO DE MIEMBROS DEL HOGAR (Incluyase tilted.)
Total Anual de Ingresos del hogar:
** ugasCI'N PERSONAL: (Seleccione uno en cede articulo. Este informed n es requcrida por el Gobierno federal.)
a. MASCULINO b. BLANCO ❑ NEGRO/AFRICANO AMERICAN° NEGRO/AFRICANO AMERICANO & BLANCO
[� FEMININO [0 INDIO AMERICANO/NATIVO DE ALASKA ASIATICO
INDIO AMERICANO/NATIVO DE ALASKA & BLANCO ASIATICO & BLANCO
aNATIVO HAWAIANO/OTRO DE LAS ISLAS PACIFICAS BALANLH/U1KV
DI INDIO AMERICANO / NATIVO DE ALASKA & NEGRO/AFRICANO AMERICANO
C. croak aAAD d. INCAPACITADO e. S LA CABEZA DEL HOOAR MUJER?
UHISPANO SI SI
NO-HISPANO NO NO
Certificacibn:
Yo certifico que la informacibn que yo estoy proporcionando es verdadera y puedo ser sujeto a verificacibn a
cualquiera hora por tavern parte. Yo tambion reconozco que la provision de informacibn false puede dejarme
sujeto a penalidades Federates, Estatales, y a ley local.
Firma del Solicitante Fecha
ADVERTENCIA: T1TULO 18, SECCIbN 1001 DEL CODIGO DE LOS ESTADOS UNIDOS INDICA QUE UNA
PERSONA ES CULPABLE DE UN DELITO POR SABER Y VOLUNTARIAMENTE RACER DECLARACIONES FALSOS 0
FRAUDALENTAS A CUALQUIER DEPARTAMENTO DE GOVIERNO DE LOS ESTADOS UNIDOS.
Para use de empleos de la agenda:
# De Miembros de Familiar Ingreso Anual:
Limite de Ingreso: LEs solicitante elegible? :
Persona haciendo la determinacibn: FechE
Note: La direccidn de la casa y las ingresos (y sus origenes) para today ntiembms del hogar son requeridos
Revised as of August 1, 2012
Exhibit F — 2012 HUD Income Limits
2012 Median Family Income — Fort Worth/Arlington, TX
1 Person 2 Persons 3 Persons 4 Persons 5 Persons 6 Persons 7 Persons 8 Persons
30% AMI $14,550 $16,600 $18,700 $20,750 $22,450 $24,100 $25,750 $27,400
50% AMI $24,250 $27,700 $31,150 $34,600 $37,400 $40,150 $42,950 $45,700
80% AMI $44,300 $43,750 $49,850 $55,350 $59,800 $64,250 $68,650 $73,100
gamest G — ESG PERFORMANCE STANDARDS
Eme Solutions Grant Performance Standards
Street Outreach Number of persons:
• Placed in shelter or safe havens
With more non -cash benefits at ; ;� . exit
Receiving case management
Emergency Shelter Number of persons:
▪ Exiting to temporary/transitional housing destinations
• Exiting to permanent housing destinations
- Receiving case management
Homelessness Number of persons:
Prevention - Who maintained their permanent housing for 3 months
▪ Exiting to permanent housing destinations
▪ With higher income at program exit
• With more non -cash benefits at:. gram exit
• Receiving case management
Rapid Re -Housing Number of persons:
- Who maintained their permanent housing for 3 months
▪ Exiting to permanent housing destinations
• With higher income at program exit
▪ With more non -cash benefits at Y, . , gram exit
- Receiving case management
In order to successfully record performance outcomes, the CoC system requires that once
a household is enrolled in an ESG grans non -domestic violence agencies must
complete an initial HUD Intake Assessment within the HMIS system (ETO), the HUD
Mid -Program Assessment, and the HUD Exit Assessment upon „:. gram. Performance
outcomes will be reported to the City using the HMIS generated ESG reports.
Domestic Violence Organizations will provide the same data utilizing their similar data
systems.
Reassessments are required for program participants receiving homelessness prevention
assistance and rapid re -housing assistance. Participants receiving homeless prevention
must be reassessed monthly; rapid re -housing participants must be reassessed at least
quarterly. All participants must receive an exit assessment and enter it into HMIS or a
comparable -level database.
CITY OF FORT WORTH
HOUSING AND ECONOMIC DEVELOPMENT DEPARTMENT
EMERGENCY SOLUTIONS GRANT
This attachment is designed to document proposed sources and to assess compliance with
the required Emergency Shelter Grant (ESG) match portion at 24 CFR 576.51. ESG
funds are matched dollar -for -dollar for each program year allocation.
City of Fort Worth ESG Funds S Agency ESG Match $
1. SOURCES OF LOCAL MATCH:
Other Federal (including pass -through funds, e.g., City CDBG, County FEMA, ete.)
MATCH SOURCE MATCH AMOUNT
S
S
TOTAL MATCH S
2. STATE/LOCAL GOVERNMENT FUNDING: (e.g., State Housing Trust Funds,
Locai Assessment, ete.)
MATCH SOURCE MATCH AMOUNT
TOTAL MATCH S
3. PRIVATE (including recipient) FUNDING:
MATCH SOURCE
Fund Raising/Cash S
Loans S
Building Value or Lease S
Donated Goods S
MATCH $ AMOUNT
Date
Donated Computers $
New Staff Salaries $
Volunteers ($5/hr) $
Volunteer Medical/Legal $
TOTAL MATCH $
Comments:
t-Jeatit.t.rn ATIONt The sladenipedt hereby, Win assurance that to the bat of my knowledge and belief, the
data ialaded in tide report is true sad accurate, and if sabmilbd by a tea -profit agency, has bees approved by the
governing body of the organization prior to submiesioa. The match funds identified la this report are not included
as cosSbedoa for any other federally assisted project or program as required by 24 CFR 84423 (a) (2)
Submitted bys Phone Numbers
M&C Review
fUNCIL G,NUA
COUNCIL ACTION: Approved As Amended on 8/7/2012 Ordinance No, 203
6-08-2012
DATE• 7/24/2012 NO.:
CODER
SUBJECT:
CONTINUED FROM A PREVIOUS WEEK
REFERENCE
C TYPE:
C-25767
NON -
CONSENT
LOG NAME:
PUBLIC
HEARING
17HUDACTPLANPYI2-
13
YES
Conduct a Public Hearing and Approve City's 2012-2013 Action Plan for the Use of
Federal Grant Funds from the United States Department of Housing and Urban
Development in the Amount of $9 278,851 00 for Program Year 2012-2013 from the
Community Development Block Grant, HOME Investment Partnerships Program,
Emergency Solutions Grant and Housing Opportunities for Persons with AIDS Grant
Programs, Authorize Collection and Use of Program Income, Authorize Application of
Indirect Cost Rates, Authorize Execution of Related Contracts and Interdepartmental
Letters of Agreement and Adopt Appropriation Ordinance (ALL COUNCIL
DISTRICTS)
RECOMMENDATION•
It is recommended that the City Council:
1. Conduct a public hearing to allow citizen input and consideration of the City's 2012-2013 Action
Plan for use of federal grant funds from the United States Department of Housing and Urban
Development in the amount of $9,278,851.00 for Program Year 2012-2013 from the Community
Development Block Grant, HOME Investment Partnerships Program, Emergency Solutions Grant
and Housing Opportunities for Persons with AIDS grant programs and for the use of program
income from activities using prior years' federal grant funds;
2. Approve the City's 2012-2013 Action Plan for submission to the United States Department of
Housing and Urban Development including allocations of grant funds to particular programs and
activities as detailed below;
3. Authorize the collection and use of an estimated $50,000.00 of program income resulting from
activities using prior years' Community Development Block Grant funds for the programs and
activities detailed below;
4. Authorize the collection and use of any program income resulting from activities using prior
years' HOME Investment Partnerships Program funds for the City's Homebuyer Assistance
Program,
5 Authorize the City Manager, or his designee, to execute contracts and interdepartmental Letters
of Agreement for a one year term with the agencies listed below in Tables 1, 2, and 3 for Program
Year 2012-2013 for Community Development Block Grant, Emergency Solutions Grant and
Housing Opportunities for Persons with AIDS grant funds contingent upon receipt of funding;
6. Authorize the City Manager, or his designee, to extend the contracts and interdepartmental
Letters of Agreement for up to one year if an agency or department requests an extension and
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such extension is necessary for completion of the program;
7. Authorize the City Manager, or his designee, to amend the contracts and interdepartmental
Letters of Agreement if necessary to achieve program goals, provided any amendment is within
the scope of the program and in compliance with City policies and all applicable laws and
regulations governing the use of federal grant funds;
8. Apply indirect cost rates as applicable for the Grants Fund in accordance with the City's
Administrative Regulations; and
9. Adopt the attached appropriation ordinance increasing the estimated receipts and
appropriations to the Grants Fund in the total amount of $9 278 851 00 ($5,830,119 00 in
Community Development Block Grant funds, $1,973,169.00 in HOME Investment Partnerships
Program funds, $532,857.00 in Emergency Solutions Grant funds and $942,706.00 in Housing
Opportunities for Persons with AIDS funds) plus any program income all subject to receipt of such
funds.
DISCUSSION:
The City's Action Plan is a comprehensive summary of the major housing and community
development activities programs and proposed expenditures for the use of federal grant funds in
the amount of $9,278,851.00 from the United States Department of Housing and Urban
Development (HUD) for the program year beginning October 1, 2012 and ending September 30,
2013 from the Community Development Block Grant (CDBG), HOME Investment Partnerships
Program (HOME), Emergency Solutions Grant (ESG) and Housing Opportunities for Persons with
AIDS (HOPWA) grant programs. This year's Action Plan also summarizes the use of program
income resulting from activities using prior years' CDBG and HOME funds. The purpose of these
grant funds is to primarily benefit low and moderate income City residents, with ESG funds
primarily benefiting homeless persons and HOPWA funds primarily benefiting persons with
HIV/AIDS.
A 30-day public comment period on the City's proposed Action Plan was held from June 25 2012
to July 25, 2012. Any comments will be maintained by the Housing and Economic Development
Department in accordance with federal regulations. This public hearing on the City's Action Plan
will be the first public hearing for the HUD -required citizen participation process. A second public
hearing is proposed for August 7, 2012 at which time the City Council is scheduled to approve the
Action Plan. The City's Action Plan must be submitted to HUD by August 16, 2012.
In addition, two public hearings were held on July 16, 2012 at 9:30 a.m. and 6:00 p.m. for citizens
to provide comment on the proposed lists of neighborhood streets eligible for reconstruction using
CDBG funds. The Transportation and Public Works Department prepared a list of priority streets in
CDBG-eligible areas. The streets selected for reconstruction were based on the comments
provided at the public hearings. A complete list of the streets is attached and will be included in the
Action Plan.
The allocations in the draft Action Plan available during the public comment period were based on
funding estimates available at that time. The amounts set out below reflect the allocations from
HUD at the time of this Mayor and Council Communication (M&C). The allocations are not yet final
and if the amounts increase, Staff will bring forward another M&C to commit the additional funds.
Staff developed recommendations for the allocation of the estimated funding from HUD and
presented them to the Community Development Council (CDC) on June 4, 2012. A summary of
the CDC's funding recommendations is provided below in Tables 1, 2, and 3 and a spreadsheet of
all specific funding recommendations is attached.
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For Program Year 2012-2013, the $5,830,119.00 in CDBG funds and $50,000.00 of CDBG
program income is recommended to be allocated as follows:
Housing Programs and Services - $2,124,038.00
This item includes funding for the City's Priority Repair Program, Cowtown Brush -Up, homebuyer
and housing services, and accessibility modifications to the homes of senior and/or disabled
individuals and related project delivery costs for these programs.
P ublic Services - $874,517.85
This item includes social services for low to moderate income, disabled, and disadvantaged
populations.
Community Facilities and Infrastructure - $930,596.05
This item includes funding for neighborhood streets reconstruction and streetlight installation for
the Terrell Heights neighborhood.
CDBG Economic Development - $734,943.30
This item is this year's payment of the City's Section 108 loan from HUD.
CDBG General Administration - $1,166,023.80
This item includes costs for administering the CDBG grant including allocations for Financial
Management Services, Internal Audit, and Planning and Development.
CDBG Estimated Program Income - $50,000.00
Staff recommends allocating any CDBG program received to the following items.
CASA of Tarrant County, Inc. $ 1,875.00
Cultural Arts Center
Day Resource Center for the Homeless
YWCA Fort Worth & Tarrant County
N eighborhood Street
Reconstruction
CDBG General Administration (20 percent)
Total CDBG Program Income
$ 1,875.00
$ 1,875.00
$ 1,875.00
$32,500.00
$10,000.00
$50,000.00
For Program Year 2012-2013, the $1,973,169.00 in HOME funds is recommended to be allocated
as follows:
HOME General Administration - $197,316.90
This item includes costs for administering the HOME grant.
Community Development Housing Organizations (CHDO) Set Aside - $0.00
This HUD -required minimum allocation has been met with previous years' awards to CHDOs for
nonprofit affordable housing projects and CHDO administrative operating costs.
Homebuyer Assistance Program - $1,775,852.10
This item includes funding to provide down payment and/or closing cost assistance to low and
moderate income homebuyers.
Staff anticipates the receipt of program income in the 2012-2013 Program Year from activities
using HOME funds. Any future program income will be used for the City's Homebuyer Assistance
P rogram (HAP) after the 10 percent allocation, excluding recapture, for HOME General
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Administration.
For Program Year 2012-2013, the $532,857.00 in ESG grant funds is recommended to be
allocated as follows:
Allocation to non-profit service providers - $492,892.72
Allocation to ESG program administration - $39,964.28
For Program Year 2012-2013, the $942,706.00 in HOPWA grant funds is recommended to be
allocated as follows:
Allocation to non-profit service providers - $914,424.82
Allocation to HOPWA program administration - $28,281.18
The CDC and Staff recommend that contracts be executed with the agencies listed below in the
amounts shown in the following tables:
Commuaty Development Block Grant:
Table 1 - CDBG Agencies
Organization
Camp Fire USA First Texas Council
CASA of Tarrant County, Inc.
Cenikor Foundation
Clayton Child Care. Inc. d/b/a Clayton
YES,
Cornerstone Assistance Network
Cultural Arts Center
Day Resource Center for the Homeless
The Ladder Alliance
Mental Health Association of Tarrant
County
Northside Inter -Church Agency, Inc.
Senior Citizen Services of Greater
Tarrant County
Tarrant Area Food Bank
YWCA Fort Worth & Tarrant County
YWCA Fort Worth & Tarrant County
CDBG Public Service Subtotal
REACH Resource Center on
Independent Living
Program Amount
Diamond Hill and
Northside Station $ 75,900.00
Volunteer Advocate
Training $ 30,000.00
S ubstance Abuse
Treatment
S chool Age Child Care
N ew Life Center/Promise
House
GED in Spanish
Counseling Services and
Case Management
Employment Training
Long Term Care
Ombudsman
Good Works/Buenas
Obras
Transportation for
Seniors
Community Kitchen/Meals
Child Development
P rogram
Power of Self
P roject Ramp
$ 75,000.00
$ 75,000.00
$ 75,000.00
$ 30,000.00
$ 31,808.50
$ 75,000.00
$ 75,000.85
$ 75,000.00
$ 75,000.00
$ 75,000.00
$ 75,000.00
$ 31.808.50
$ 874,517.85
$ 50.000.00
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TOTAL CDBG Contracts
Emeraencv Solutions Grant:
Table 2 - ESG Agencies
Organization
Catholic Charities of Fort Worth
CFW: Parks and Community Services
P resbyterian Night Shelter
S afeHaven of Tarrant County
Day Resource Center
TOTAL ESG Contracts
Housing Ooaortunities For Persons
Table 3 - HOPWA Agencies
Organization
AIDS Outreach Center, Inc.
Program
Prevention and Rapid
Re -Housing
Community Action
Partners
The Emergency Shelter
P rogram
S helter Operations and
Rapid Re -Housing
-
Counseling Services and
Case Management
With AIDS:
Tarrant County Samaritan Housing, Inc.
$ 924,517.85
Amount
$ 38,178.52
$ 75,000.00
$ 167,892.72
$ 175,000.00
$ 36,821.48
492,892.72
Program Amount
Administration (three percent),
S upportive Services, TBRA, and
STRMU
Administration (three percent),
S upportive Services, and TBRA
TOTAL HOPWA Contracts
These programs are available in ALL COUNCIL DISTRICTS.
$ 612,758.90
$ 301.665.92
$ 914,424.82
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above
recommendations, adoption of the attached appropriation ordinance and receipt of grant funds,
funds will be available in the current operating budget as appropriated, of the Grants Fund.
TO Fund/Account/Centers
GR76 451727 017206280X)Q(
GR76 5XXXXX 017206280)XX
GR76 451727 017206281XXX
GR76 5XXXXX
017206281 XXX
GR76 5XXXXX 017206283)00(
GR76 451727 017206284XXX
GR76 5XXXXX 017206284XXX
GR76 451685 0172062802XX
$5.830.119.0Q
$5.830.119.00,
$1.973.169.00,
$1.973.169.00
$532.857.00
$942.706.00
$942.706.00,
$50.000.00
FROM Fund/Account/Centers
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GR76 5XXXXX 017206280XXX $50.000.00
GR76 AQ172 7 017206283) 90( $532.857.00
Submitted for City Manaaer's Office bv:
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
17HUDACTPLANPY12-13 A012 VG(11.doc
2012-13ActionPlanFundingRecommendations. odt
List of Selected Streets for 2012-2013.odf
Fernando Costa (6122)
Jay Chapa (5804)
Cynthia Garcia (8187)
Avis F. Chaisson (6342)
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