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STATE OF TEXAS §
COUNTY OF TARRANT §
This contract ("Contract") is made and entered into by and between the City of
Fort Worth (hereafter "City") and The Salvation Army, a Georgia corporation (hereafter
"Contractor"). 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-11-MC-48-0006, Catalog of Federal Domestic
Assistance No. 14.231;
WHEREAS, the ESG program is 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, HUD awarded the City a second allocation of ESG funds for Fiscal
Year 2011 and emphasized the use of these funds f6r rapid rehousing activities;
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 AMI 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. MMEWMEW
OFFICIAL RECORD
ESG SUBRECiPIENT CONTRACT
Rev 07/05/2012 CITY SECRETARY
The Salvation Army,a Georgia Corporation no WORTH,TX
P'J3 * 114 IN
Complete Documentation means:
• Attachments I and II, with supporting documentation as follows:
o Proof of expense: copies of timesheets.3 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
bidding process for procurement or Contract activities, if applicable; and
01) any other document or records reasonably necessary to verify costs
spent and client eligibility for the Program.
Director means the Director of the City's Housing and Economic Development
Department.
ESG Eligible Client means an individual or household that meets 42 U.S.C. 1 1302the
definition of"homeless" or "at risk of homelessness" in the HEARTH Act
ESG Funds means City's ESG funds supplied by City to Agency under the tenns of this
Contract.
ESG Regulations means the regulations found at 24 CFR Part 576 et seq.
HEARTH Act means the Homeless Emergency Assistance and Rapid Transition to
Housing Act of 2009, 42 U.S.C. 1 1302 et seq.
HED Department or HERD means the City's Housing and Economic Development
Department.
Program means the service(s) described in Exhibit A—Program Summary.
Reimbursement Request means all reports and other documentation described in
Section 9.
Source Documentation means documentation sufficient under ESG Regulations to
establish an individual or household as an ESG Eligible Client.
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3. TERM.
3.1 Term.
The term of this Contract begins on July 1, 2012 (the "Effective Date") and
terminates on June 30, 2013 unless earlier terminated as provided in this Contract.
3.2 Extension of Contract Term.
This Contract may be extended for up to 1 year upon Agency submitting a request
for an extension in writing at least 60 days prior to the end of the Contract term. The
request for extension shall include Agency's anticipated budget and goals and objectives
for the extended term. It is specifically understood that it is within City's sole discretion
whether to approve or deny Agency's request for an additional term. Any such extension
must be in writing as an amendment to this Contract.
3.3. Contract Contingent on Receipt of Adequate Funds.
This Contract is contingent upon actual receipt of adequate ESG funds by City. If
adequate ESG funds are not received or if City's allocation of ESG funds changes, City
reserves the right to amend or terminate this Contract. No funds will be available for
reimbursement to Agency until the Substantial Amendment to the City's 2011-2012
Annual Action Plan regarding the use of ESG funds is approved by HUD and a grant
agreement from HUD is received by City.
4. DUTIES AND RESPONSIBILITIES OF CITY.
4.1 Provide ESG Funds.
City shall pay up to One Hundred Forty-One Thousand One Hundred Sixty-Five
and 65/100 Dollars ($141,165.65) of ESG Funds on a reimbursement basis upon City's
approval of Contractor's Reimbursement Requests.
4.2 City will Monitor.
City will monitor the activities and performance of Agency and any of its
contractors or subcontractors as necessary, but no less than annually.
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:
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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 by Agency.
5.2.2 Bud et.
Agency agrees that the ESG Funds will be reimbursed in accordance with Exhibit
B - Budget. Agency may not increase or decrease line items in the Budget without
Director's prior written approval, which approval shall be in the Director's sole
discretion. If Director gives written approval of Contractor'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. No Amended Budgets will be approved after May 15, 2013.
5.2.3 Change in Program Budget.
5.2.3.1 Agency will notify City promptly of any additional funds it
receives for operation of the Program, and City reserves the
right to amend this Contract in such instances to ensure
compliance with HUD regulations governing cost
allocation.
5.2.3.2 Agency agrees to utilize funds available under this Contract
to supplement rather than supplant funds otherwise
available for use in the Program.
5.2.3 Payment of ESG Funds to Agency.
ESG Funds will be disbursed to Agency on a reimbursement basis upon City's
approval of Contractor's written and signed Reimbursement Requests, including
submission of Complete Documentation to City.
5.3 Commingled Funds.
Agency will not con ningle ESG Funds with any other funds in any manner that would
prevent City from readily identifying expenditures for operation of the Program.
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5.4 Program Performance Milestones.
Agency warrants that the Program will achieve the following milestones:
c
1 .33% 8.33%
2 16.67% 16.67%
3 25.0.0% 25.00%
4 33.33% 33.33
5 41.67°/ 41.67%
6 50.00% 50.00%
7 58-33% 58.33%
66.67% 66.67%
9 75.00.% 75.00%
8 ........
F10 83.33% 83.33%
11 91.67% 91.67%
12 l00% l00%
Failure of Agency to meet the milestones or any material deviation from the
milestones outlined in this Section 5.4 is a breach of this Contract. In the event of such
breach, City reserves the right in its sole discretion to delay or withhold payment of
Reimbursement Requests, to lower Agency's allocation of ESG Funds, or to terminate
this Contract.
6. CLIENT ELIGIBILITY VERIFICATION.
6.1 Client ElizibWty.
Agency will 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 Receivine 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").
6.1.1.2 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:
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i. For emergency shelter services for homeless persons
(including childcare for homeless clients):
I. 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:
I. 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 I of the "homeless" definition under the
HEARTH Act,and
3. Documentation of client's reasonable prospects of
resuming payment of rent or utilities, as applicable,
within a reasonable time,
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.
iii. For rapid re-housing services- financial assistance:
I. 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.
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
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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.
5.1.2 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 Eli ibili!y Documentation.
Agency must submit copies of all relevant components of the eligibility
verification documentation described in Section 5.1 with Attachment III in each
month's reimbursement request, and must maintain copies of such documentation as
required under this Contract. Agency is only required to submit the eligibility verification
documentation for any given client the first month that the client appears on Attachment
III.
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 (i) satisfactory completion of
environmental review and receipt by City of an authorization to use grant funds from
HUD under 24 CFR Part 58; (ii) approval of the Substantial Amendment to the City of
Fort worth 2011-2012 Annual Action Plan; and (iii) receipt by City of grant agreement
from HUD.
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7.3 Monitorin .
7.3.1 Agency understands and agrees that it will be subject to monitoring by
City for compliance with the ESC Regulations for the duration of this Contract and until
the Program is closed in HUD's IRIS system. Agency will provide reports and access to
Program tiles as requested by City for 5 years after closeout of this Contract in HUD's
IRIS 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, HUH and the United States Comptroller General or their respective
representatives shall have access at all reasonable hours to the Contractor's offices and
records that are related the use of the ESG Funds, and to its 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
Contractor's compliance with the terms and conditions of this Contract, and of the
adequacy and timeliness of Contractor'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 Contractor'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 C FR Part 84.48.
7.5 Cost Principles/Cost Reasonableness.
Agency shall administer its use of ESC 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.
J
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7.7 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-11 0 and A-122 as they relate to the acceptance and use of
emergency shelter grant amounts by private nonprofit organizations.
7.8 Terms Applicable to Contractors 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 any failures to perform and 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.
8. RECORD KEEPING REPORTING AND DOCUMENTATION
REQUIREMENTS.
8.1 Record Keeping
Agency shall maintain a record-keeping system as part of its performance of this
Contract and shall promptly provide City with copies of any document City deems
necessary for the effective fulfillment of City's monitoring and evaluation
responsibilities. Specifically, Agency will keep or cause to be kept an accurate record of
all actions taken and all funds spent, with supporting and back-up documentation, 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.
S.1.2 Access to Records.
City and any duly authorized officials of the federal government will have full
access to, and the right to examine, audit', excerpt and/or transcribe any of Agency's
records pertaining to all matters covered by this Contract.
8.2 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. Agency may also be required to submit a final performance and
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financial report if required by City, in such form and within such times as City may
prescribe, at the termination of this Contract. Failure to submit any report or
documentation described in this Contract to City shall be an event of default of this
Contract and City may exercise all of it remedies for default under this Contract.
8.3 Chan a in Re o rtinLy 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 RE UIREMENTS.
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, THE REIMBURSEMENT REQUEST FOR JUNE 2013 MUST BE
RECEIVED BY JUNE 24, 2013. FAILURE TO SUBMIT THE JUNE 2012
REIMBURSEMENT REQUEST BY JUNE 20, 2013 WILL RESULT IN AN
AUTOMATIC FORFEITURE OF THE JUNE PAYMENT.
9.2 With each Reimbursement Request, Agency shall provide City with
Complete Documentation and the following reports as shown on Exhibit D -- Reporting
Forms:
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. Expenses must comply with the rates and allocations described in Exhibit
B--Budget. 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
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funded activities.
9.2.2.2 For non-payroll expenses, invoices for each expense listed
with an explanation as to how the 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 client served during the month along with their
demographic information. Clients served in multiple months should be listed each
month. The report shall be cumulative throughout the Program, with new clients added
to the form each month. 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 5.2., or the completed Form of Self Certification
attached hereto as Exhibit E — Income Self Certification.
This documentation shall only be submitted the first time a
client is listed on Attachment III — Client Data Report.
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 other
reports or documentation by the deadline stated in Section 9.1, or if the Reimbursement
Request is incomplete or otherwise not in compliance with this Contract or ES G
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 or
other report or documentation to cure the default. If Agency fails to cure the default
within such time, Agency shall forfeit any payments otherwise due that month.
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10.1.2 NOTWITHSTANDING THE PROVISIONS OF SECTION
10.1.11 IF AGENCY FAILS TO SUBMIT THE REIMBURSEMENT REQUEST
DUE JUNE 209 , OR IF THE JUNE 20, 2013 REIMBURSEMENT REQUEST IS
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 FORFEITED.
10.1.3 In the event of (i) an uncured default under Section 10.1.1 or (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
Requests or reports or documentation is past due or is not in compliance with this
Contract or the ESC- 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. Any funds already paid to Agency
must be repaid to City within 30 days of termination under this Section. Failure to repay
the ESG Funds will result in City exercising all legal remedies available to City under
this Contract.
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 ESC 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 11.3, any ESC 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 thirty
(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
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following receipt of such written notice but reasonably required more than thirty (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 immediately upon written notice of such intent to Contractor, 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. In
the event ESG Funds have already been paid to Agency, Agency agrees to repay them to
City within 30 days of the termination. 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.
1 o.5 No Compensation After Date of Termination.
, Agency shall not receive any compensation for work undertaken after the date of
the termination.
10.6 Rights of City Not Affected.
Termination shall not affect or terminate any of the existing rights of City against
Agency, or which may thereafter accrue because of such Agency's default. Such
termination does not terminate any provisions of this Contract that have been expressly
noted as surviving the Term or termination of the Contract.
10.7 Waiver of Breach Not Waiver of Subse +cent 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.
10.5 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 perform, subject to notice, grace and cure periods. Likewise, Agency may
terminate this Contract if City does not provide the ESG Funds substantially in
accordance with this Contract.
1 0.10 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
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10.10.2 By the Agency upon written notification to Citv; setting forth the
reasons for such termination, the effective date, and in the case of partial termination, the
portion to be terminated. However, if in the case of a partial termination, City determines
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.
1 0.11 Dissolution of Agency 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 ESC 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 ESG Funds are subject to repayment in the event the Program does not meet
the requirements as set out in this Contract or in the ESG 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. In the
event of a finding or a request for repayment from HUD, whether or not repayment
to HUD is required of City, Agency agrees it will pay City an additional penalty of
14% of the ESG Funds as liquidated damages.
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 detennination 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 ESC requirements,
and any default and enforcement provisions necessary to enforce such provisions, shall
survive the termination of this Contract for 5 years after the termination date and shall be
enforceable by City against Agency.
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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,
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 Respondeat Superior.
The doctrine of respondeat superior shall not apply as between City and Agency,
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 Agent Property.
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 CONNEC'T'ED 'LEITH 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 Circular 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 within 60 days of the end of period being audited (Agency's fiscal
year). Entities that expend less than $500,000 a year in Federal funds are exempt from
Federal audit requirements for that year, but records must be available for review or audit
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by:appropriate officials of the Federal agency, City, and general Accounting Office.
14.5.2 City Reserves the Ri ht to Audit.
City reserves the right to perform an audit of Agency's Program operations and
finances at any time during the term of this Contract and for 5 years after the 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
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 Contractor. IF AS A
RESULT OF ANY AUDIT IT IS DETERMINED THAT AGENCY HAS
FALSIFIED ANY DOCUMENTATION OR MISUSER, 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 CI`T'Y 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 Governine 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 lave
from the State of Texas.
14.8 ScverabiXztY.
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 Addendurns, Attachments, and Exhibits attached
hereto, which are incorporated by reference and made a part of this Contract for all
purposes, constitutes the entire 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.
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14.10 Para rah Headings for Reference only, No Leal
Significance.
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
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 U S C 1137 1)
➢ 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 V111 of the Civil Rights Act of 1968 (42 U.S.C.
Sections 3601 et seq.)
➢ Executive Orders 11 0637 11246 as amended by 11375 and 12086 and as
supplemented by Department of Labor regulations 41 CFR, Part 60
➢ The Age Discri m i nation 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")
1� Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. Sections 794 et seq.)
and 24 CFR Part 8 where applicable
➢ National Environmental Policy Act of 1969, as amended, 42 U.S.C. sections
4321 et seq. ("'NEPA") and the related authorities listed in 24 CFR Part 58.
➢ The Clean Air Act, as amended, (42 U.S.C. Sections 1251 et seq.) and the
Clean Water Act of 1977, as amended (33 U.S.C. Sections 1251 et seq.) and
the related Executive Order 11738. In no event shall any amount of the
assistance provided under this Contract be utilized with respect to a facility
that has given rise to a conviction under the Clean Air Act or the Clean Water
Act.
➢ Immigration Reform and Control Act of 1986 (8 U.S.C. Sections 1101 et seq.)
specifically including the provisions requiring employer verifications of legal
status of its employees
The Americans with Disabilities Act of 1990 (42 U.S.C. Sections 12101 et
seq.), the Architectural Barriers Act of 1968 as amended (42 U.S.C. sections
4151 et seq.) and the Unifonn 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
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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 $2,540 for other contracts which involve the employment of
mechanics or laborers, Sections 103 and 107 of the Contract work Hours and
Safety Standards Act (40 U.S.C. 327A 300) as supplemented by 29 CFR Part
5
➢ Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et seq.), as
amended by the Residential Lead-Based Paint Hazard Reduction Act of 1992
(42 U.S.C. 4551 et seq.) and implementing regulations at 24 CFR Part 35,
subparts A, B, M, and R
➢ Uniform Administration Requirements of 24 CFR Part SS
Requirement that Law Be Quoted in Covered Contracts. — Certain Requirements
Pertairu'rip, to Section 3 of the Housing and Urban Development Act of 1968 as amended
0 2 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
135.35 ("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 oj'Section 3 of.Mousing and Urban Development Act of
1968, as amended, 12 U.S C section 1701 a (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 fart 135, which implement Section 3. As evidenced
by their execution of this contract, the parties to this contract certify that
they are under no contractual or other impediment that would prevent
them from complying with the Part 135 regulations.
C The contractor agrees to send to each labor organization or
representative of workers with which 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
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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
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 certify 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 whore 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 ConO-act. Section 7(b)
requires that to the greatest extent feasible (r) 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 Contractor, 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.
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14.12 Prohibition Against Discrimination.
14.12.1 General Statements.
Contractor, 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 111,
Division 4 -- Fair Housing of the City Code . Agency may not discriminate against any
person because of race, color, sex, gender, religion, national origin, familial status,
disability or perceived disability, sexual orientation, gender identity, gender expression,
or transgender, nor will Agency permit its officers, members, agents, employees, or
clients to engage in such discrimination.
This Contract is made and entered into with reference specifically to the
ordinances codified at Chapter 17, Article 111, Division 3 - Employment Practices of the
City Code, and Agency hereby covenants and agrees that Agency, its officers, members,
agents, employees and contractors, have fully complied with all provisions of same and
that no employee, or applicant for employment has been discriminated against under the
terms of such ordinances by either or its officers, members, agents, employees or
contractors.
14.12.2 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 such provision be included 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. [Contractor or subcontractor's name]
will take affirmative action to ensure that applicants are hired without regard to race,
color, sex, gender, religion, national origin, familial status, disability or perceived
disability, sexual orientation, gender identity, gender expression or transgender and that
employees are treated fairly during employment without regard to their race, color, sex,
gender, religion, national origin, familial status, disability 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. [Contractor or
subcontractor's name] agrees to post in conspicuous places, available to employees and
applicants for employment, notices setting forth the provisions of this nondiscrimination
clause.
[Contractor or subcontractor's name] will, in all solicitations or advertisements
for employees placed by or on behalf of [Contractor or subcontractor's name] state that
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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 terms, conditions or privileges of their employment,
discriminate against persons because of their age or because of any disability or
perceived disability, except on the basis of a bona fide occupational qualification,
retirement plan or statutory requirement.
[Contractor or subcontractor's name] further covenants that neither it nor its
officers, members, agents, employees, contractors, or persons acting on their behalf, shall
specify, in solicitations or advertisements for employees to work on this Contract, a
maximum age limit for such employment unless the specified maximum age limit is
based upon a bona fide occupational qualification, retirement plan or statutory
requirement.
14.1 2.3 Agency's Contractors and 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
OFAGENCY'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 Against 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
exercised any functions or responsibilities with respect to activities assisted with ESG
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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 575.57(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. In the procurement of property and services by Contractor, the
conflict of interest provisions of 24 CFR Part 85.35 and 24 CFR Part 84.42, respectively,
shall apply. In all cases not governed by those sections, the provisions of 24 CFR
575.57(d)of the ESG Regulations shall apply.
14.13.5 For procurement contracts larger than$25,000.00 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 Business
Diversity Enterprise Ordinance, and all amendments or successor policies or ordinances
thereto, into all contracts and subcontracts for procurement larger than $25,000.00 and
will further require all persons or entities with which it so contracts to comply with said
ordinance.
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
Contractor's failure to follow the law,if applicable.
14.17 Assignment.
Agency shall not assign all or any part of its rights, privileges, or duties under this
Contract without the Director's prior written approval. Any attempted assignment of
same without approval shall be void, and shall constitute a breach of this Contract.
14.18. 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 Agency engaged in any activity in conjunction with
this ESG funded Program.
14.19 Force Ma i eure
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
ESG SUBtLECIPIENT CONTRACT 22
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of the United States or of any States, civil disturbances, or explosions, or some other
reason beyond Agency's control (collectively, "Force Majeure Event"), the obligations
so affected by such Force Majeure Event will be suspended ortly during the continuance
of such event. Agency will give City written notice of the existence, extent and nature of
the Force Majeure Event as soon as reasonably possible after the occurrence of the event.
Failure to give notice will result in the continuance of Agency`s obligation regardless of
the extent of any existing Force Majeure Event. Agency will use commercially
reasonable efforts to remedy its inability to perform as soon as possible.
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 PERFORYLANCE 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 CONTRACTOR, 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.
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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.
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 Immune by Contractor.
If Contractor, as a charitable or nonprofit organization,has or claims an inunuruty
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.
charitable or
17. Insurance and Bondin .
cover--any ss of ESO`-ands associated with this agreement.
Agency will maintain fiduciary coverage in the form of insurance or bond in the
amount of$25,000.00 to � L
aerne
A e In
addition, Agency shall maintain an Employee Dishonesty policy to cover it for employee
theft of money, securities or property.
Agency hall c insurance i the es and amounts for the duration of this Contract as
Ag y s carry n types
listed below,and fin-nish certificates of insurance a
and nolimz s evidence thereof.
Commercial General Liabih 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
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insurance afforded the City. It shall have no exclusions or endorsements that
r
would alter or nullify premises/operations, prod uctslcompleted operations,
contractual, personal injury or advertising injury which are normally contained
within the policy unless City approves such exclusions in writing.
Professional Liability , - � -
$1,000,000 Each Claim Limit OWN
$1,000,000 Aggregate Limit
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 Liabilit�r
$I,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
$l 00,000 Each accidentloccturence
$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 el 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 worm 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
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coverage on such contractor. if applicable, for each contract.
Additional Requirements
Agency is responsible for providing City a 34 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.
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.
Agency will submit to City documentation that it has obtained insurance coverage and
has executed bonds as required in this Contract prior to payment of any monies provided
hereunder.
Certificate of Insurance shall include the
• City s
y
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 , Automobile' . or Fidelity Bond 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 the coverage is claims-made and the retroactive date.
5.
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 Contractor's insurance policies shall be licensed and/or approved 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
ESG SUBRECIPIENT CONTRACT 26
Rev 07/05/2012
The Salvation Army,a Georgia Corporation
insofar as their financial strength and solvency and each such company shall have a
current minimum A.M. Best Rey 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 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 Lobbying.
The undersigned representative of Agency hereby certifies, to the best of his or
her knowledge and belief, that:
No Federal appropriated funds have been paid or will be paid, by or on
behalf of Contractor, to any person for influencing or attempting to
influence an officer or employee of any agency, a member of Congress, an
officer or employee of Congress 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 Farm-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 J.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 SUBRECIPTENT CONTRACT 27
Rev 07/05/2012
The Salvarloji Army,a Georgia Corporation
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 Attorney's Office
1000 Throck-morton Street
Fort Worth, TX 76 102
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:
Project Coordinator
1000 Throckmorton Street
Fort worth,TX 76102
Telephone: 817-392-6342
Contractor:
Deborah Bullock, Program Manager
The Salvation Army, a Georgia Corporation
1855 East Lancaster
Fort Worth,TX 76103
Telephone: 817-344-1831
ESG SUBRECtPIENT CONTRACT 28
Rev 07I05I2 U 12
The Salvation Amy, a Georgia Corporation
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 he executed in multiple counterparts, each of which shall he
considered an original, but all of Which shall constitute one instrument.
ISIGNATURES AP FEAR ON NEXT PAGE]
ESG SUBRECIPtENT CONTRACT 29
Rev 07/05/201?
The Salvation Army,a Georgia Corporation
fN FITNESS WHEREOF, the Parties have executed 4 copies of this Contract
in Fort `]North, Tarrant County, Texas to be effective July 1, 2012.
ATTEST: �. - �a�t1 CITY of FORT WORTH
44-q
000oao�
o0
ao
Ci y ecretary , �4 o ernando Costa, Assistant City Manager
M&C: C-25573 ax
a r.��0$or Date: May 1, 2012 - a❑ o
0
0 0 :91
APP VED AS TO FO A Y:
Aass-istant City Attorney
THE SALVATION 'Y,A GEORGIA CORPORATION
By:
Nan, e: SAM HENRY
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on /1/ 2012 by
Fernando Costa, Assistant City Manager of the Ci of Fort Worth, on behalf the City of
Fort North.
''"""' tar Public, State of Texas
A`' = EVONIA DANIELS Y
=�= * MY COMMISSION EXPIRES
kly 10,2013
■'ei iH+
STATE OF GEORGIA §
COUNTY OF llL70-oV §
This instrument was acknowledged before me on AtAciL'tzsi Zo 201 by
Samuel A. (Name), TREASURER (Title) of The Salvation
Army,a Georgia Corporation, on behalf of said corporation.
Notary Public, Stdte of Georgia
,,`r���►lttt z r r r►11�I�,,�r
`t�`� C U N 1V�v
OFFICIAL RECORD �� -. � %. -t
CITY SECRETARY
OPO
FTs WORTH,TX a cA
G NN
r � i
•
FCJLTO
ESG SUBRECIPIENT CONTRACT 30
Rev 07/05/2012
The Salvation Army,a Georgia Cotporatioil
The Salvation Army, a Georgia Corporation EXHIBIT A
Home Sweet Horne PROGRAM SUMMARY
PROGRAM SUMMARY
Emergency Solutions Grant(ESG)
July 1,2012 to June 30, 2012 $141,165.65
PERIOD AMOUNT
PROGRAM SUMMARY
The Program provides the following ESG activities:rapid rehousing- financial assistance
(tenant-based), rapid rehousing-housing and relocation stabilization services, homelessness
prevention - financial assistance, homelessness prevention - housing relocation and
stablization services,and administration to ESG Eligible Clients in the City of Fort Worth.
Services are available at The Salvation Army facility located at 1855 East Lancaster, Fort
Worth,TX 76 103 from 8:00 a.m.to 5:00 p.m.,Monday through Friday.
REGULATORY CLASSIFICATION:
IRIS Matrix Code(s) and Service Category: Not Applicable
National Objective Citation: Not Applicable
Regulatory Citation(s): 24 CFR 576.21
Based on the nature of the service provided, The Salvation Array will maintain
documentation that verifies that 100% of clients served by the Home Sweet Home Program.
GEOGRAPHIC LOCATION:
Site Address: 1855 East Lancaster, Fort Worth,TX 76103
Client Beneficiary Location (Neighborhood Name, Council District Number, or
Citywide): Council District 9
PROGRAM GOALS:
Provide housing relocation and stabilization services to 132 unduplicated eligible
households, including 112 homeless households and 20 households at risk of
homelessness.
PROGRAM OBJECTIVES:
Prevent instances of homelessness by providing financial assistance and housing and
relocation and stabilization services to eligible households.
ESG SUBRECIPIENT CONTRACT 31
Rev 07/05/2012
The Salvation Armiy,a Georgia Corporation
The Salvation Army EXHIBIT B
Home Sweet Home BUDGET
_ u 7
Salaries-Prevention 1001 $ 15 000.00 $ 151)00].00
FICA-Prevention I(X12 $ 1,147.00
$ 1,147.[x)
Life Insurance-Prev n6on 1M
$ 165.00 $ 1f,5.ix1
Health Insurance-Prevciition 1004 $ 21I3[)0.00 $ 2,31h).00
Disability Insurance-Prevention 1005 $ 19065.00 $ 1,005.(X)
Unemployment-State-Prevention 1006 _ $ _
Legal l&Accoun -Prevention 1007
Office Su lies-Prevention 1008 $ 650.00 $ 650.00
Office Equipment Mental-Prevention 1(2)9 $ 125.00 $ 125.[1[)
Postage-Prevention 1110 $ 150.00 $ 150,00
Printing-Prevention 1111 $ 15(1.00 S 150.(X)-
Contract Labor Ins ections)Prevention 1 112 $ _ $
Sala'es-ReHuusulg 1113 $ 10,01W.00
FICA-ReHousin 1114 $ 765.[3[1
$ 765.(X]
Life Insurance-ReHousing 1115 S 85.00 $ 85.00
Health Insurance-ReHUtlsin 1116 $ 1,450.00
$ 1,4513.{1[3
Disability Imsurance-ReI Iousin 1117 $ 965.00
Unern to ent-State-ReFlousing 1118
Legal&Accounting-ReHousing 1119
Office Su lies-ReHousing 1120 $ 400.(x)
$ 400.1 N I
Office Equipment Rental-ReHoi;sing 1 121 $ 75,00
$ 75.{1[1
Postage-ReHousinjg 1122 $ 35.3X1 5 35.(18)
Printing-ReI cousin 1123 $ 1(NJ,0 0
$ 1
Contract Labor(Inspections)-Ref lousing 1124 $ - $
SUBTOTAL-&DMINISTRATIVE $ 34,627.00 $ 34)627.00
ht
Salaries-Prevention 2001 $ 44,533,00 S 44,5:1.10)
I�IC:A-Prevention 2002 $ 30406.00 $ 3,416.[?U
Life Insurance-Prevention 2003 $ 1$6.[1{1 $ 186.00
Health Insurance-Prevention 2004 $ 9,044.()0 $ 9,044-W
Disability Insurance-Prevention 2[)[35 $ 4,01Z00 $ 4,012.00
Unem Ioyment-Suite-Preventioiz 2-006 $ - $ $
Salaries-ReI lousing 2007 S 55,0()o.00 $ 551000.00
FICA-ReHousin 2008 $ 4,208.[x) $ 4,208.00
We Insurance-ReHousin 7 20{]x) $ 159.00 $ 159-W
Health Insurance-Reliousing 2010 $ 7,370.00 $ 7,370.00
Disability Insurance-ReHousin 2011 $ 21-316.00 $ 2,316,(X)
Une to ment-State-ReI fousin 2012 $ - $ -
SUBTOTAI.r HR&S $69,053.00 $ 61,181.00 $ - $ 130,234.40 I Mal
111 1!!IN
MNINKRIM-=1 :I An `
Rental Assistance-Prevention 3001 $ 90,()(x].00 $31,7040.00 $ 1211700.00
Rental Assistance-Rel lousin 3302 $ 51,165-65 S 51,165.65
Utility Pavments-Prevention 3003 $ -
Utih D osits-Rel-lousing 3004 $ -
Movin Casts-ReHousin 3005 $
Motel/Motel Vouchers-ReHous-' 3006 $Securi ty Deposits-ReHousin 3047 - $ -
STJSTDTAL-FIIWANCIAL ASSISTANCE $ 141,165.65 $ - $ 311700.0(} $ 172,865.65
WuNl
r-IIS�- vention 4M I $ 550.00 $ 550. 0
Housin* 4002 $ 550.130 $ 550.00
SUBTOTAL-HMIS $ - $ - $ 4100.04 $ - $ 13100.40
11110 WWII
r.
FUNDING A:
FUNDING B:
FUNDING C:
ESG SUBRECIPIENT CONTRACT 32
Rev 07/05/2012
The Salvation Army. a Georgia Corporation
SALARY DETAIL
Position Rate Annual Hours Percent to Grant Amount to Grant
0% 0
FRINGE DETAIL
Percent of Amount Percent to Grant Amount to Grant
Pa ro I l
FICA 0% 0
Life Insurance 0% 0
Health Insurance 0% 0
Unemployment 0% 0
Workers Compensation T 0% 0
Retirement 0% 0
SUPPLIES AND SERVICES
Total B udaet Percent to Grant Amount to Grant
Office Supplies $1,050.00 _ 0% 0
Office Equip ment Rental $200.00 0% 0
Postage $185.00 0% 0
Printing $250.00 0% 0
MISCELLANEOUS
Total Budget Percent to Grant Amount to Grant
Conference& Seminars 0% 0
Construction/Building Materials 0% 0
Contract Labor 0% 0
Craft Supplies 0% 0
Credit Reports 0% 0
Facility Fees 0% 0
Field Trip Costs 0% 0
Food Supp I ies 0% 0
Mileage 0% 0
Teaching A ids 0% 0
ESG SUBRECI PI ENT CONTRACT 33
Rev 07!05/2012
The Salvation Army,a G eorai a Corporation
FACILITY AND UTILITIES
Total Budget Percent to Grant Amount to Grant
Telephone 0% 0
Electric 0% 0
Gas 4% 0
Water and Wastewater 0% 0
Solid Waste Dis osal 0% 0
Rent 0% 0
Custodial Services 0% 0
Repairs 0% 0
Cleaning Supplies 4% 0
LEGAL, FINANCIAL AND INSURANCE
Total Budget Percent to Grant Amount to Grant
Fideli ty Bond(or Equivalent) 0% 0
General Commercial 0% 0
Liabi li
Directors and Officers 0% 0
-Legal Fees 0% 0
Contract Accounting 0% 0
FINANCIAL ASSISTANCE
Total Budget Percent to Grant Amount to Grant
Rapid Re-Housing $51,5165.65 1000/0 $51,1 65.65
Homelessness Prevention S 121,704.40 74% $941400.44
HMIS
Total Budget Percent to Grant Amount to Grant
Ra id Re-Housing $550.00 0% 0
Homelessness Prevention $550.44 4% 0
ESG SUBRECIPIENT CONTRACT 34
Rev 07/05/2012
The Salvation Army, a Georgia Corporation
EXHIBIT C--AUDIT CERTIFICATION FORM AND AUDIT REQUIREMENTS
Agency:
Fiscal Year Ending:
❑ 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 beloiv)
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Total Federal Ex enditures for this Fiscal Year:
Signatory and Title Date
Failure to submit this or a similar statement or failure to submit a completed single audit
package as described in the federally required audit requirements described in OMB
Circulars A-133 by the required due date may result in suspension of funding and ma y affect
eligibility for future funding. Notwithstanding the above, this certification acknowledges
the agency's commitment to meet all other financial reporting, financial statements,and
other audit requirements as may be set forth in the Contract.
ESG SUBRECIPIENT CONTRACT 35
Rev 07/05/20 12
The Salvation Army,a Georgia Corporation
EXHIBIT D- REPORTING FORMS
ESG SUBRECIPIENT CONTRACT 36
Rev 07/05/2012
The Salvation Army,a Georgia Corporation
INVOICE
Agency: The Salvation Army
Address: 1855 E. Lancaster
City, State, Zip: Fort Worth, Tip 76103
Program-, Home Sweet Home
Period of Service:
....................
. .........
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MA
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Contractor's Certification: I certify that the costs incurred are valid,
eligible, and consistent with the terms and conditions of the contract
between Agency and City. 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:
Attachment If
City or Fort Worth
Housing and Eeonomle Development Department
Expendliura Worksheet
Agency,, The Salvation Arrn
Program: Home Sweet Home
2 Salaries-Prevention 1001
3 FICA-Prevention iM
4 Lire Insurance-Prevention 1003
5 Health Insurance-Prevention 1004
S Disabil Insurance-Prevention 1005
7 Unemployment-State-Prevention ttf06
8 Legal&Accounting-PreVentlon 1007
9 Office Supplies-Prevention 1008
10 Office Equipment Rental•Prevention 1049
11 Postage-Prevention 1110
12 Printing-Preventlon 11111
13 Salaries-ReHolusing 1112
14 FICX ReKousirta 1113
15 Life insurance.ReHousing 1114
16 Hearth insurance-ReHousing ills
17 Usabft Insurance-R011ousing 1116
is Unem to ent-113kate-ReHousin 1 t 17
19 Legal&Accounting-ReHousing ills
20 office Su lies-ReHousin 1 i 19
21 Office EgWipment Retltai-ReHmsinq 1 120
22 Poste e- eHousing 1121
23 Printi -ReHousing 1122
24 1FiCl41i- =:i.r:
25 Salaries-Prevention 2001
26 FICA-Prevention 2002
27 Life insurance-Prevention 2003
28 f Health Insurance-Prevention 2004
29 Disability Insurance-Prevention 2005
30 Unemployment-State-Prevention 2006
31 Salaries-ReHousing 2007
32 F=ICA-ReHousing 2008
33 U(t Insurance-Re,Housinq 2009
341 t Health Insurance-ReHousing 2010
35 Disabil Insurance-ReHousing 2011
36 1 Unem ent-State-ReHousing 2012
37
34 Rental Assistance.Prevention 3001
4e- Rental Assistance-ReHousing 3002
41 Utift P nts-Preverdion 3003
42 Utility Deposits-Rel-lousing 3004
43 Moving Costs-ReHousing 3005
Motal/Hotek Vouchers-ReHousing 30D6
44 - SeCU De sits-ReHousing 3007
46 HMIS-Prevention 4001
47 HMIS-ReHou3ing 4002
48
411
5o
51
52
53
54
55
56
57
$a
59
60
"focal
'Payroll must identify employee Ronk must identify tenant- Other payments should identity individuals,If applicable
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EXHIBIT E - INCOME SELF CERTIFICATION FORMS
ESG SUBRECtPIENT CONTRACT 37
Rev 47/45/2412
The Salvation Army,a Georgia Corporation
CERTIFICATION OF INCOME STATEMENT
Applicant Name:
Current Address: Phone #:
Household Members and Income
(including applicant)
Last Name First Name Age Monthly Source/Employer Name
Income
"PERSONAL INFORMATION:(Check one in each item. Optional Information for Federal Reporting Purposes)
a. [:]MALE b.❑WHITE ❑ BLACK/AFRICAN AMERICAN fl BLACK/AFRICAN AMERICAN&WHITE
❑ FEMALE ❑AMERICAN INDIANIALASK-AN NATIVE ❑ ASIAN
❑AMERICAN rNDIANIALASKAN NATIVE&.WHITE ❑ ASIAN& WHITE
❑NATIVE ItkWAIIAN/OTHER PACIFIC ISLANDER ❑ BALANCE/OTHER
❑AMERICAN INDIANIALASKA✓-N NATIVE&BLACKIAFRICAN AMERICAN
c. ETITNICITY d. DTSABLED e. 1S CIJENT WOMEN HEAD OF HOUSEHOLD
❑ HISPANIC fl YES n YF.S
❑NON-HISPANIC fl NO ❑NO
* TOTAL NUMBER OF IJOUSEI IOLD (Include Yourself AND everyone who
MEMBERS lives in the house.)
Total Anticipated Annual Household Income:
Certification:
I certify that the information I am providing is true and could be subject to verification at any time by a third
party. I also acknowledge that the provision of false information could leave me subject to the penalties of
Federal, State and local law.
WARNING: TITLE 1$,SECTION 1001 OF THE U.S.CODE STATES THAT A PERSON IS GUILTY OF A FELONY
FOR KNOWINGLY AND WILLINGLY MAKING FALSE OR FRAUDULENT STATEMENTS TO ANY DEPARTMENT OF
THE UNITED STATES GOVERNMENT.
Signature of Applicant Date
For use by funding agency:
Household Size: Annual Income:
Income Limit: _ Is Applicant Eligible:
Person Making Determination: Date:
CERTIFIDADION DE DECLARADION DE INORESOS
Nombre del So licitante:
Domicil io Actual: Numero de Telefono:
Miembros en el Hogar e Ingresos
incluir el/la solicitante)
Apel l ido Nombre Edad Ingreso Fuente de IngresoslNombre de Empleador
Mensual
**INFORMACION PERSONAL:(Seleccione uno cn cada categoric. Informacian opcional pars propositos de informacian Federal)
a. ❑MASCULINO h.❑ CALICASiCO ❑N-EGROW-RICANO AMERICANO
❑NEGRo/ArRICANO AMERICANO&CAUCASIC0
❑ F m rwNo ❑ M1310 AMERICANOfNATI V O DE ALASKA ❑AS I ATICO
❑ 1NDIO AMERICAINO!NATIVO DE ALASKA&CAUCASICO ❑ ASIATICO&CAUCASICO
❑ NATIVO I--IAWAlA1NUOTRO DE LAS ISLAS PACIFICAS ❑ BALANCE/OTRO
❑ INDIO AMERICANO l NATIVO DE ALASKA&NEGRO/AFRICANO AMERICANO
c. ETNICIDAD d.DISCAPACITADO e.-,ES EL SOLICITANTE UNA MUJER Y CABECER.A DEL HOGAR? _
❑ HISPANO ❑SI ❑SI
❑NCB-HISPANO ❑ NO ❑No
*NUMERO TOTAL DE MIENIBROS Elf EL HOGAR (Incluve a si mismo v a todos los que viven en
la casa)
Ingreso total del hogar anual anticipado:
Certificacion:
Certifico que la informacion que proporciono es verdad y podria ser susceptible a la comprobacion a cualquier
tiempo por terceros. Yo tambien reconozco que la provision de informacion falsa me podria dejar suj'eto a las
penalidades Federates, Estatales y locales.
ADVERTENCIA: TITULO 18, SECCION 1001 DEL CODIOO DE EE.UU. QUE UNA PERSONA ES
CULPABLE DE UN DELITO POR SABER Y VOLUNTARIAMENTE HACER DECLARACIONES
FALSAS O FRAUDULENTAS A CUALQUIER DEPARTAMENTO DEL OOBIERNO
ESTADOUNID ENS E.
Firma del Solicitante Fecha
Para el use de la agenc is f nano iando:
# De Miembros en el Hogar: Ingreso Anual:
Limite de Ingreso: �Es el solicitante elegible?
Persona haciendo la determinacion: Fecha:
EXHIBIT F - HUD 2012 INCOME LIMITS
Fort Worth-Arlington, TX HUD Metro FMR Area
FY 2412 FY 2012
Income Median Income '1 2 3 4 5 5 7 8
Limit income Limit Person Person Person Person Person Person Person Persor
Area Category
Very Low
(50%)
income $24,250 $27,700 $317150 $34,600 $37,400 $40,150 $42,950 $45,70+
Limits
-ort Extremely
North- Low
krlington, 59 X00 (30%)$ $141550 $101000 $181700 $20,750 $22,450 $24,100 $25,750 $27,40 1
rX HUD Income
Vietro Limits
=MR Area
Low
(80%)
Income $38,750 $44,300 $49,850 $55,354 $59,800 $04,250 $58,650 $73,101
Limits
ESG SU BPECIPIENT CONTRACT 8
Rev 07/05/2012
The Salvation Army, a Georgia Corporation
EXHIBIT G— ESG PERFORMANCE STANDARDS
Emergency Solutions Grant Performance Standards
_ TCr• i .r •r �.y :'fit^*.f:
Street outreach Number of persons:
- Placed in shelter or safe havens
-- With more non-cash benefits at
program exit
- Receiving case management
Emergency Shelter Number of persons:
-- Exiting to tempo raryltransitionaI
housing destinations
- Exiting to permanent housing
destinations
- Receiving case management
Homelessness Prevention Dumber of persons:
Who maintained their permanent
t housing for 3 months
Exiting to permanent housing
destinations
- With higher income at program exit
-- With more non-cash benefits at
program 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
program exit
- Receiving case management
In order to successfully record performance outcomes, the CoC system requires that once
a household is enrolled in an ESG program, non-domestic violence agencies must
complete an initial HUD Intake Assessment within the HMIS system (ETO),, the HUD
Mid-Program Assessment, and the HUD Exit Assessment upon program. 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.
ESG SUBREC1PTENT CONTRACT 39
Rev 07/05/2012
The Salvation Armv, a Georgia Corporation
Addendum for
Additional Contract Requirements for Agencies Funded with
Emergency Solutions Grant (ESG)
1. Agency will have Match funds ready and available prior to the start of the Program.
Failure to do so may delay, and or cancel the contract. Matching funds may include
cash provided by the agency from its own funds or other agencies, donations, or
grants other than ESG; the value or fair rental value of any donated material or
building; the value of any lease on the building; any salary paid to staff to carry out
the Program; and the value of the time and services contributed by volunteers to carry
out the Program at a rate of $5.00 per hour. The services of volunteers providing
professional services such as medical, legal or accounting services are valued at the
reasonable and customary rate prevailing in the community. The value of the Match is
subject to review and approval by City. All monthly reports will indicate matching
funds and sources. Documentation regarding dedication of Match must be
maintained consistent With the requirements of documenting eligibility of costs. This
Contract shall not be considered executed unless the attached Match Funds Report is
completed.
2. Agency shall participate in a local Continuum of Care's Homeless Management
Information System ("HMIS'') to ensure that the Program meets the Federal goal that
localities collect an array of unduplicated data on the number and characteristics of
homeless persons. Continuums of Care are local bodies that plan for and coordinate
homeless services. HUD's standards for participation in a local HMIS are set forth in
the Federal Register, July 30, 2004. The local Continuum of Carc is Fort
Worth/Arlington/Tarrant County CoC(TX-6o I). Agency shall submit documentation
to the City for such participation in the form of an HMIS quarterly report.
3. HMIS report should be submitted each month with the monthly Reimbursement
Request to document that the necessary reporting requirements are being maintained.
By signing below, Agency acknowledges the receipt of this Addendum and its full
inclusion as part of the tenris-and cfonditions of the Contract.
AGENCY: THE SALVATION-ARMY.,A GEORGIA CORPORATION
B :
Y
Name (Printed) SAM HENRY
ti '1
Title
s�FA P6.:',uF",tj
ESG SUBRECIPtENT CONTRACT 40
Rev 07/05/2012
The Salvation Army,a Georgia Corporation
CITY OF FORT WORTH
HOUSING AND ECONOMIC DEVELOPMENT DEPARTMENT
EMERGENCY SOLUTIONS GRANT MATCH FUNDS REPORT AND
CERTIFICATION
1.NAME AND ADDRESS OF SUBRECIPIENT 2.PROGPAm NANIE:
3.CONTRACT No:
4,CONTRACT
TERM:
S. DATE OF
- - _ Rwms`r:
This attachment is designed to review a subrecipient's financial documentation to assess
compliance with the required Emergency Shelter grant (ESC) match portion at 24 CFR
576.51. ESG funds are matched dollar-far-dollar for each program year allocation.
``Program year" refers to a fiscal year's allocation of funds to recipients to operate
projects or programs. One attachment is to be completed for each grant under review for
with ESG grant funds have been expended.
City of Fort Worth ESG Funds $ Total ESG Match $
I. SOURCES OF LOCAL MATCH:
Other Federal (including pass-through funds, e.g., City CDBG, County FEMA, etc.)
MATCH SOURCE MATCH AMOUNT
TOTAL MATCH $
2. STATEILOCAL GOVERNMENT FUNDING: (e.g.,State Mousing Trust Funds,
Local Assessment, etc.)
MATCH SOURCE MATCH AMOUNT
TOTAL MATCH $
ESG SUBRECIPIENT CONTRACT 41
Rev 07/05i2012
The Salvation Armv, a Georgia Corporation
CITY OF FORT WORTH
HOUSING AND ECONOMIC DEVELOPMENT DEPARTMENT
EMERGENCY SOLUTIONS GRANT
3. PRIVATE (including recipient) FUNDING:
MATCH SOURCE MATCH AMOUNT
Fund Raising/Cash
Loans
Building Value or Lease
Donated Goods
Donated Computers
New Staff Salaries
Volunteers ($5/hr)
Volunteer Medical/Legal $
TOTAL MATCH $
Comments:
CERTIFICATION: The undersigned,hereby,gives assurance that to the best of my knowledge and belief,the
data included in this report is true and accurate,and if a non-profit agency,has been approved by the governing
body of the organization prior to submission.The match funds identified in this report are not included as
contribution for any other federally assisted project or program as required by 24 CFR 84.23(a)(2)
Date: Submitted by: Phone Number:
ESG SU BRECIPI ENT CONTRACT 42
Rev 07/05/20 12.
The Salvation Army,a Georgia Corporation
oQ A H
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THE SALVATION ARMY POLICY STATEMENT
ON RELATIONSHIPS WITH OTHER GROUPS AND ORGANIZATIONS
The Salvation Army in the United States works cooperatively with many groups --
governmental, social service, civic, religious, business, humanitarian, educational,
health, character building, and other groups -- in the pursuit of its mission to preach the
Christian Gospel and meet human need.
Any agency, governmental or private, which enters into a contractual or cooperative
relationship with The Salvation Army should be advised that:
1. The Salvation Army is an international religious and charitable movement organized
on a quasi-military/ pattern and is a branch of the Christian church.
2. All programs of The Salvation Army are administered by Salvation Army Officers
who are ministers of the Gospel.
3. The motivation of the organization is love of God and a practical concern for the
needs of humanity.
4. The Salvation Army's provision of food, shelter, health services, counseling, and
other physical, social, emotional, psychological and spiritual aid, is given to persons
in need simply because they are in need, regardless of race, color, religion, sex, age,
national origin or handicap.
Organizations contracting and/or cooperating with The Salvation Army may be assured
that because The Salvation Army is rooted in Christian compassion and is governed by
Judeo-Christian ethics, the provisions of its contracts and agreements will be strictly
observed.
Commissioners Conference: February, 1993
The Salvation Army-Mabee Center
M&C Review Page 1 of 2
Official site of the City of Fast Worth,Texas
CITY COUNCIL AGENDA FoRTWORTH
lr�
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COUNCIL ACTION: Approved on 51112012- ordinance No. 20195-05-2012
CONTINUED FROM A PREVIOUS WEEK
DATE: 4/17/2012 REFERENCE C-25573 LOG NAME: 17ESG2011-
NO.: 2012AMENDMENT
CODE: C TYPE: NOW PUBLIC YES
CONSENT HEARING:
SUBJECT: Conduct a Public Hearing and Authorize a Substantial Amendment to the 201 1-2012
Action Plan for the Use of$167,073.00 in Emergency Solutions Grant Funds, Authorize
Execution of Contracts with The Salvation Army and the Tarrant County Homeless
Coalition 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 a Substantial Amendment to
the City's 201 1-2012 Action Plan for use of$1 67,073.00 in Emergency Solutions Grant funds from
the United States Department of Housing and Urban Development;
2. Authorize a Substantial Amendment to the City's 2011-2012 Action Plan for submission to the
United States Department of Housing and Urban Development including allocations of Emergency
Solutions Grant funds to"the Salvation Army and the Tarrant County Homeless Coalition for
particular programs and activities;
3. Authorize the City Manager, or his designee, to execute contracts with "the Salvation Army for
$141,165.65 and the Tarrant County Homeless Coalition for$5,951.42, for one year terms beginning
on the date of contact execution, contingent upon receipt of grant funding;
4. Authorize the City Manager, or his designee, to extend the contracts for up to one year if either
The Salvation Army or the Tarrant County Homeless Coalition requests an extension and such
extension is necessary for completion of the program or activity;
5. Authorize the City Manager, or his designee, to amend the contracts, if necessary, to achieve
program goals, provided any amendment is within the scope of the program and in compliance with
City policies and applicable laws and regulations governing the use of federal grant funds; and
6. Adopt the attached appropriation ordinance increasing the estimated receipts and appropriations
in the Grants Fund in the amount of$167,073.00 in Emergency Solutions Grant funds, subject to
receipt of the grant.
DISCUSSION:
The United States Department of Housing and Urban Development(HUD) has awarded the City a
second allocation in the amount of$167,073.00 of Emergency Solutions Grant (ESG) funds for Fiscal
Year 2011. The City must establish additional policies and procedures for the use of these ESG
funds that will, at minimum include: summary of the consultation process, summary of the citizen
participation process, matching funds, proposed activities and overall budget, written standards for
provision of ESG assistance, process for awarding funds, homeless participation requirement,
performance standards, and required forms and certifications. HUD emphasized using these funds
for rapid rehousing activities. Staff, as required by HUD, has consulted the local Continuum of Care in
order to develop and update the required policies and procedures.
http://apps.cfwnet.org/council—Packet/mc_review.asp?ID=16592&councildate=51112012 9/14/2012
M&C Review Page 2 of 2
The City released a Request for Proposals for these funds on February 15, 2012 and received five
proposals by the March 8, 2012 deadline. The proposals were reviewed by Staff and presented to the
Community Development Council (CDC) on April 4, 2012. After a public hearing, the CDC made the
following recommendations to be presented to Council:
EMERGENCY SOLUTIONS GRANT ESO
Proposed
Agencies/Programs Amount
The Salvation Arm Home Sweet Home $141,155.55
Tarrant County Homeless Coalition (Homeless
Management Information System) $ 57951.42
Housing and Economic Development Department
Administration $ 19,955.93
Total ESG Budget $167,Q73.00
To comply with the Citizen Participation plan approved by HUD, the first public hearing on the use of
these ESO funds was held on April 4, 2012 at the CDC meeting. The City Council will hold public
hearings on April 17, 2012 and May 1, 2012. A 30-day public comment period was held from March
18, 2012 to April 15, 2012 for the funding allocation and a public comment period on the substantial
amendment to the Action Plan began on March 30, 2012 and will end April 30, 2012. Any comments
will be maintained by the Housing and Economic Development Department in accordance with federal
regulations. The substantial amendment must be submitted to HUD by May 15, 2012.
This Program is available for all ESG-eligible residents in ALL COUNCIL DISTRICTS.
FISCAL INFORMATIONXERTIFICATION:
The Financial Management Services Director certifies that upon approval of recommendations,
adoption of the attached 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 FROM Fund/Account/Centers
GR76 5XXXXX 017206532XXX $167.073.00
G R76 451727 017206532XXX $167.073-00
Submitted for City Mananer's office bY; Fernando Costa (5122)
Ori inating Department Head: Jay Chapa (5804)
Additional Information Contact: Cynthia Garcia (818?)
Charletra Hurt(7535)
ATTACHMENTS
17ESG2011-2012AMENDMENT A012.doc
http://apps.cfwnet.org/council—Packet/mc-revi ew.asp?ID=1 6692&councildate=5/l/2012 9/14/2012