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HomeMy WebLinkAboutContract 45165 (2)ori C r Art 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 (herea.ftei' `'Agency) a Georgia corporao. City and Agency may be referred to individually as a "Party" and jointly as "the Panties". The Parties state as follows: WHEREAS, City receives grant monies from the United States Department of Housing and Urban Development ("HUD") through Emergency Solutions Grant Program ("ESG"), Program No. S-13-MC-48-0006, Catalog of Federal Domestic Assistance No. 14.231; WHEREAS, the ESG program is intended to provide homeless persons or persons at risk of becoming homeless with financial assistance, basic shelter, essential supportive services, and/or operations, as applicable; WHEREAS, Agency submitted a proposal to use ESG funds for an eligible program under the ESG Regulations whereby Agency will provide services to low and moderate income City citizens; 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 terms set forth below shall have the definitions ascribed to them as follows: Area Median Income or A11ZI means the median family income for the Fort Worth - Arlington metropolitan statistical area as established annually by HUD. The 2013 income limits are attached hereto as Exhibit "A-1" -- 2013 HUD Income Limits. Business Diversity Enterprise Ordinance or BDE means the City's Business Diversity Ordinance, Ordinance No. 20020-12-2011. ESG PSA CONTRACT 2013-2014 _. THE SALVATION ARMY RECEIVED NOV N rOVVO@:11;IL (v N! g - tJ � �1 O %� (I n ! 11 ,. rt,� 1.. Complete Documentation means the following documentation as applicable: • Attachments I, II, and III, with supporting documentation including: o Proof of expense: copies of timesheets, invoices, leases, service contracts or other documentation showing that payment is due by Agency. o Proof of payment: cancelled checks, bank statements, or wire transfers necessary to demonstrate that amounts due by Agency were actually paid by Agency. o Proof of client eligibility: (i) Source Documentation sufficient to show that clients participating in the Program are ESG Eligible Clients or (ii) documentation other than Source Documentation to show that clients served by the Program are ESG Eligible Clients. 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. • Complete Documentation shall meet the standards described in the attached Exhibit "F"- Standards for Complete Documentation. • Any other document or record reasonably necessary to verify costs spent and client eligibility for the Program. DBE means disadvantaged business enterprise. Director means the Director of the City's Housing and Economic Development Department. Effective Date means October 1, 2013. ESG means Emergency Solutions Grant. ESG Eligible Client means an individual or household that meets the definition of "homeless" or "at risk of homelessness" as defined in the HEARTH Act. ESG Funds means the ESG grant funds supplied by City to Agency under the terms of this Contract. ESG Regulations means regulations found at 24 CIF Part 576 et seq. HEARTH Act means the Homeless Emergency Assistance and Rapid Transition to Housing Act of 2009, 42 U.S.C. 11302 et seq. ESG PSA CONTRACT 2013-2014 - THE SALVATION ARMY 2 HED Department means the City's housing and Economic Development Department. HUD means the United States Department of Housing and Urban Development. IDIS means HUD's Integrated Disbursement Information System. Program means the services 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 Unduplicated Clients means a count of ESG Eligible Clients served once in the Contract Term. ESG Eligible Clients served more than once in the Contract Term will only be counted once when determining the number of Unduplicated Clients. 3. TERM. The term of this Contract begins on October 1, 2013 and terminates on September 30, 2014 unless earlier terminated as provided in this Contract. 4. DUTIES AND RESPONSIBILITIES OF CITY. 4.1 Provide ESG Funds. City shall provide up to FORT-Y--THREE THOUSAND-. ONE HUNDRED THIRTY-SIx: and :00/100 Dollars.($43;130;00) of ESG Funds on a reimbursement of expenses basis, under the terms and conditions herein. 4.2 Monitor. City will monitor the activities and performance of Agency and any of its contractors, subcontractors or vendors as necessary, but no less than annually. 5. DUTIES AND RESPONSIBILITIES OF AGENCY. 5.1 Required Services. Agency shall perform the services described in Exhibit "A" — Program Summary in accordance with the terms and conditions of this Contract. 5.2 Use of ESG Funds. 5.2.1. Compliance with ESG Regulations and Contract. Agency shall be reimbursed for eligible Program costs with FSG Funds only if City determines in its sole discretion that: ESG PSA CONTRACT 2013-2014 - THE SALVATION ARMY 3 5.2.1.1 Costs are eligible expenditures in accordance with ESG Regulations. 5.2.1.2 Costs are in compliance with this Contract and are reasonable and consistent with industry norms. 5.2.1.3 Complete Documentation is submitted to City by Agency. 5.2.2 I3udget. Agency agrees that ESG Funds will be paid on a reimbursement basis in accordance with Exhibit ` 13" - Budget. During the team of this Contract, Agency may submit written requests to increase or decrease line -item amounts in the Budget, including an explanation of why such increases or decreases are necessary. All such requests must be approved by the Director in writing, with such approval being in the Director's sole discretion. If Director approves the Agency's proposed Budget amendment (as approved, the "Amended Budget"), then the Amended Budget will take effect on the first day of the month following the month in which it was approved by Director, unless otherwise specified in the amendment. All requests for Budget amendments must be submitted by August 15, 2014. 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 5.2.4 Payment of ESG Funds to Agency. ESG Funds will be disbursed to Agency upon City's approval of Agency's written and signed Reimbursement Requests including submission of Complete Documentation to City in compliance with Section 9. If Agency expends all funds budgeted for the Program prior to September 20, 2014, City may hold back a small amount of the ESG Funds until the end of the term. During this interim period, Agency must continue to submit Reimbursement Requests with an invoiced amount of SO. It is expressly agreed by the Parties that any ESG Funds either not spent or not approved for reimbursement to Agency shall remain with City. ESG PSA CONTRACT 2013-2014 - THE SALVATION ARMY 4 5.3 Program Performance Milestones. Agency warrants that the Program will achieve the following milestones: Month. 3 6 8 11 penditures 27.27% 54.54% 72.72% 100% duplicated .Clients; as:> red in:' xlubit 'ri gra n-Stiflunair_; 27.27% 54.54% 72.72% 100% Failure of Agency to meet these milestones or a material deviation from them as outlined in this Section 5.3 is a breach of this Contract. For the purpose of this Section, "material deviation' shall mean more than 10% lower than the specified goal. In the event of such breach, City reserves the right at its sole option to delay or withhold payment of Reimbursement Requests, to lowei Agency's allocation of ESG Funds, or to terminate this Contract. 5.4 Identify Program Expenses Paid with ESG Funds Agency will keep accounts and records in such a manner that City may readily identify and account for Program expenses reimbursed with ESG Funds. These records shall be made available to City foi audit purposes and shall be retained as required hereunder. 5.5 Match. Agency must match ESG Funds dollar for dollar with other funding sources. Potential sources of match include any sources described at 42 U.S.C. 11375(a). Some common sources include: (i) Agency funding from non-federal sources and eligible federal grants, (ii) volunteer time, which may valued at $5/hour of time; and (iii) the value or fair rental value of any donated materials or space. The monetary values Agency assigns to all sources of match are subject to review and approval by City. 5.5.1 Prior to October 1, 2013, Agency must submit to City a completed Match Report on the form attached hereto as Exhibit "H"- Match Report detailing actual and anticipated match sources. 5.5.2 With each Reimbursement Request, Agency must submit a log of funds expended to date on the form provided in Exhibit ` H'- Mestch Report, plus documentation of any match expenditures first reported in that month's Reimbursement Request. 5.5.3 Records regarding match funds must be kept by Agency in accordance with Section 8. 5.5 4 If the expenditure of match funds and ESG Funds is not happening at approximately the same pace, City reserves the right to withhold ESG Funds until match expenditures are substantially the same as ESG Funds reimbursed to date. ESG PSA CONTRACT 2013-20I4 - THE SALVATION ARMY 5 6. CLIENT ELIGII3ILITY VERIFICATION. 6.1 Client Eligibility Agency will document the eligibility of all prospective clients. Agency may redact the client's personal information and substitute a client number. Agency may use foam attached hereto as Exhibit "I' — Staff ESG Certification Form to document the eligibility of all prospective clients that receive direct financial assistance as described in Sections 6.1.1.2 (ii), (iii), and (iv), 6.1.1 Agencies Receiving ESG Funds. 6.1.1.1 Coordination of Services. Agency must participate in the local Continuum of Care 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: For emergency persons (shelter services for homeless including childcare for homeless clients): A signed, dated statement from the client stating that the client is homeless, or that the client is homeless by virtue of fleeing domestic violence. ii. For homelessness prevention- financial assistance services: 1. Documentation that the individual or family has an annual income at of below 30% of AMI, 2. Evidence documenting that the client does not have sufficient resources or support networks immediately available to prevent them from moving to an emergency shelter or another place defined in Category 1 of the "homeless" definition under the HEARTII Act, 3. Documentation of client s reasonable prospects of resuming payment of rent of utilities, as applicable, within a reasonable time, and 4. Documentation supporting the type and amount of assistance provided including, but not limited to, invoices, past due notices, and/or executed leases, as applicable, and proof of payment by Agency. ESG PSA CONTRACT 2013-2014 -- THE SALVATION ARMY 6 iii. For rapid re -housing services- financial assistance: 1. Documentation that the individual or family meets the homeless definition in the HEARTH Act, 2. Documentation of rent reasonableness, 3. Documentation of client's reasonable prospects of resuming payment of rent and/or utilities as applicable, within a seasonable time, 4. Evidence documenting that the client is not receiving assistance fiom other rapid re- housing/homelessness prevention agencies or funding sources, and 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 1t risk of homelessness clients as defined in the HEARTH Act, and 2. Documentation that any staff costs and or relocation/stabilization services directly benefit the eligible individual and families and are clearly distinguished from the general administration of the Program. 6.1.2 Performance Standards. Agency must verify that the Program is tracking ESG activities and outcomes in accordance with the City's performance standards as described in Exhibit "G" - ESG Per formance Standards. Data maintained in the HMIS or a comparable database is preferred. 6.2 Submission of Complete Documentation. Agency must submit copies of all eligibility verification documentation described in Section 6.1 with Attachment III in each month's Reimbursement Request for all Unduplicated Clients served for the first time, and must maintain copies of such documentation as required under this Contract. 7. Additional ESG Requirements. Agency agrees to comply with all requirements of the ESG Program as stated in the ESG Regulations, including but not limited to the following* ESG PSA CONTRACT 2013-2014 - THE SALVATION ARMY 7 7.1 Environmental Review. ESG Funds will not be paid, and costs cannot be incurred until City has conducted and completed fin environmental review as required by 24 CFR Part 58. The environmental review may result in a decision to proceed with, modify, or cancel the funding for the Program. Further, Agency will not undertake or commit any funds to physical or choice limiting actions as described in any applicable Federal regulations. 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. 7.1.2 Environmental Mitigation. If applicable, Agency must take the mitigation actions outlined in Exhibit "A-2" Environmental Mitigation Actions. Failure to complete the required mitigation action is an event of default under this Contract. 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, (mi) approval of City's 2013-2014 Action Plan, and (iii) receipt by City of grant agreement from I -IUD. 7.3 Monitoring. 7.3.1 Agency understands and agrees that City will monitor the adequacy and timeliness of Agency's performance under the terms of this Contract as well as its compliance with the ESG Regulations. Agency is subject to such monitoring dui ing the term of this Contract and for 5 years after the Contract term ends. Agency will provide reports and access to Program files as requested by City for during this 5 year period. For purposes of this Contract, this 5 year period for monitor ing is deemed to begin on October 1, 2014 and end on September 30, 2019 regardless of whether or not this Contract is earlier terminated. 7.3.2 Representatives of City, HUD, and the United States Comptroller General shall have access during regular business hours, upon 48 hours prior notice, to Agency's offices and records pertaining to the use of the ESG Funds, and to Agency's officers, directors, agents, employees, conti actors, subcontractors and vendors for the purpose of such monitoring. 7.3.3 In addition to other provisions of this Contract regarding frequency of monitoring, City reserves the right to perform desk reviews or on -site monitoring of Agency's compliance with the terms and conditions of this Contract. After each monitoring visit City shall provide Agency with a written report of the monitor's findings. If the monitoring report notes deficiencies in Agency's performance, the report shall include requirements for the timely correction of said deficiencies by Agency. ESG PSA CONTRACT 2013-2014 - TIIE SALVATION ARMY 8 Failure by Agency to take the action specified in the monitoring report may be cause for suspension or termination of this Conti act as provided herein. 7.3.4 Agency agrees to likewise monitor the effectiveness of the services and work to be performed by its contractors, subcontractors and vendors. 73.5 This Section 7.3 shall survive the earlier termination or expiration of this Contract. 7.4 Agency Procurement Standards. Agency shall comply with all applicable federal, state and local laws, regulations, and ordinances for making procurements under this Contract. Agency shall establish procurement procedures to ensure that materials and services are obtained in a cost effective manner. When procuring services to be provided under this Contract, Agency shall comply at a minimum with the procurement standards at 24 CFR Part 84.40 through 24 CFR Part 84.48. 7.5 Cost Principles/Cost Reasonableness. Agency shall administer its use of ESG Funds in compliance with OMB Circular A-122 "Cost Principles for Non -Profit Organizations", as amended from time to time. The allowability of costs incurred for performance rendered shall be determined in accordance with OMB Circular A-122 as supplemented by the provisions of this Contract. 7.6 Accounting Staiulards. Agency agrees to comply with OMB Circular A-110, "Uniform Administrative Requirements for Giants and Agi cements with Institutions of Higher Education, Hospitals and other Non -Profit Organizations", and agiees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary supporting and back-up documentation for all costs incurred. 7.7 Uniform Administrative Requirements. Agency will comply with the Uniform Administrative Requirements set forth in 24 CFR Part 57.502 or any reasonably equivalent procedures and requirements that City may require 7.8 Terms Applicable to Contractors. Subcontractors and Vendors. Agency understands and agrees that all terms of this Contract, whether regulatory or otherwise, shall apply to any and all contractors, subcontractors and vendors 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 hereundei including its obligations regarding the ESG Regulations. Agency shall monitor the services and work performed by its contractors, subcontractors and vendois on a regular basis for compliance with the ESG Regulations and Contract provisions. Agency must cure all violations of the ESG Regulations committed by its contractors, subcontractors or vendors. City maintains the right to insist ESG PSA CONTRACT 2013-2014 - THE SALVATION ARMY 9 on Agency's full compliance with the terms of this Contract and the ESG Regulations 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, subcontractors or vendors. Agency acknowledges that the provisions of this Section shall survive the earlier termination or expiration of this Contract. 7.9 Convri&lit and Patent Rights. No reports, maps or other documents produced in whole or in part under this Contract shall be the subject of an application for copyright by or on behalf of Agency. HUD and City shall possess all rights to invention or discovery, as well as tights in data, which may arise as a result of Agency's performance under this Contract. 8. RF,CORD KEEPING. REPORTING AND DOCUMENTATION REQUIREMENTS; AUDIT. 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 Agency will maintain all records and documentation related to this Contract for 5 years after the Contract term ends. If any claim, litigation or audit is initiated before the expiration of the 5 year period, the relevant records and documentation must be retained until all such claims, litigation or audits have been resolved. For purposes of this Contract, this 5 year period for record retention is deemed to begin on October 1, 2014 and end on September 30 2019 regardless of whether or not this Contract is earlier terminated. 8.2 Access to Records. City and any duly authorized officials of the Federal government will have full access to and the right to examine, audit, copy, excerpt and/or transcribe any of Agency s records pertaining to all matters covered by this Contract for 5 years after the Contract term ends. Such access shall be during regular business hours and upon at least 48 hours prior notice. For purposes of this Contract, this 5 year period for access to records is deemed to begin on October 1 2014 and end on September 30, 2019 regardless of whether or not this Contract is earlier terminated. 8.3 Reports. Agency will submit to City all reports and documentation described in this Contract in such form as City may prescribe. Agency may also be required to submit a final performance and/or final financial report if required by City at the termination of this Contract in such form and within such times as City may prescribe. Failure to submit to City any report or documentation described in this Contract shall be an event of default of this Contract and City may exercise all of its remedies for default under this Contract. ESO PSA CONTRACT 2013-2014 - THE SALVATION ARMY 10 8.4 Change in Reporting Requirements and Forms. City retains the right to change reporting requirements and forms at its discretion. City will notify Agency in writing at least 15 days prior to the effective date of such change, and the Parties shall execute an amendment to the Contract reflecting such change if necessary. 8.5 Audit. 8.5.1 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 annuli 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 prior to or with the first Reimbursement Request. Entities that expend less than $500,000 a year in Federal funds are exempt from Federal audit requirements for that yeas, but records must be available for review or audit by appropriate officials of the Federal agency, City, and General Accounting Office. 8.5.2 City Rcserses the Right 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 Contract Term ends if City determines that such audit is necessary for City's compliance with the ESG Regulations or other City policies. Agency agrees to allow access to all pertinent materials as described herein for such audit. For purposes of this Contract, this 5 year period for City audit is deemed to begin on October 1, 2014 and end on September 30, 2019 regardless of whether or not this Contract is earlier teiminated. 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 Contract and/or any future contracts with Agency. IF AS A RESULT OF ANY AUDIT IT IS DETERMINED THAI AGENCY HAS FALSIFIED ANY DOCUMENTATION OR MISUSED, MISAPPLIED OR MISAPPROPRIATED ESG FUNDS OR SPENT ESG FUNDS ON ANY INELIGIBLE ACTIVITIES, AGENCY AGREES TO REIMBURSE CITY THE AMOUNT OF SUCH MONIES PLUS THE AMOUNT OF ANY SANCTIONS, PENALTY OR OTHER CHARGE LEVIED AGAINST CITY BY HUD BECAUSE OF SUCH ACTIONS. 9. REIMBURSEMENT REQUIREMENTS. 9.1 Deadline for Submitting Reimbursement Requests. Each Reimbursement Request shall be received by the City on or before the 15th day of the month following the month expenses were paid by Agency. For example the Reimbursement Request for June expenses must be received by July 15. In the e\ent the ESG PSA CONTRACT 2013-2014 - THE -SALVATION ARMY 1 1 15`h falls on a weekend or City holiday; Reimbursement Requests shall be due the next day that the City is open for business. Failure to submit a Reimbursement Request in a timely fashion will result in City taking the actions outlined in Section 10.1. NOTWITHSTANDING ANYTHING ABOVE, EXPENSES FOR SEPTEMBER 2014 MUST BE RECEIVED BY SEPTEMBER 20, 2014. FAILURE TO SUBMIT A FINAL REIMBURSEMENT REQUEST BY SEPTEMBER 20, 2014 WILL RESULT IN AUTOMATIC FORFEITURE OF PAYMENT OF THE SEPTEMBER REIMBURSEMENT REQUEST. 9.2 Agency shall provide City with Complete Documentation and the following reports as shown in Exhibit "D" — Reimbursement Forms with each Reimbursement Request: 9.2.1 Attachment I — Invoice. This report shall contain the amount requested for reimbursement each month, the cumulative reimbursement requested to date (inclusive of that month's request), and must be signed by an authorized signatory of Agency. By signing Attachment I Agency is certifying that the costs are valid, eligible consistent with the terms and conditions of this Contract, and the data contained in the report is true and correct. This report must be submitted even if Agency is requesting $0 for a particular month. 9 2 2 Attachment II — Expenditure Wot lcshect. This report shall itemize each expense requested for reimbursement by Agency and shall include the Account corresponding the expense to a Budget line item in Attachment II. In order for this report to be complete the following must be submitted: 9.2.2.1 For payroll expenses, timesheets signed by employees and approved by supervisor for all payroll expenses listed Timesheets must distinguish between ESG-funded time and non-ESG funded time and reflect actual time spent on ESG- funded activities 9.2.2.2 For non -payroll expenses, invoices for each expense listed with an explanation as to how the invoiced expense pertains to the Program. 9.2.2.3 Proof that each expense was paid by Agency, which proof can be satisfied by cancelled checks, wire transfer documentation, paid receipts or other appropriate banking documentation 9.2.3 Attachment III — Client Data Report. This report shall list each Unduplicated Client served during the month along with his or her demographic information The Client Data Report must contain a list of all clients served during the Contract period. In order for this report to be complete the following must be submitted: ESG PSA CONTRACT 2013-2014 -- THE SALVATION ARMY 12 9.2.3.1 Documentation of income verification for each Unduplicated Client the first time he or she is served, which will either be the Source Documentation described in Section 6.1 or the completed form attached hereto as Exhibit "E"- Form of Income Self Certification. 9.2.3.2 Agency may use the form attached hereto as Exhibit "I" — Staff ESG Certification Form to verify client eligibility as described in Section 6.1. 9.2.4 Match Report. This report shall document actual expenditure of match funds, as further described in Section 5.5 9.2.5 HMIS Repo, t. Agency shall submit an HMIS report at least quarterly to document Agency's participation in the local Continuum of Caie's HMIS. 9.3 Withholding Payment. CITY HAS NO OBLIGATION TO MAKE PAYMENT ON ANY REIMBURSEMENT REQUEST THAT IS NOT RECEIVED BY THE DUE DATE. Failure to timely submit Reimbursement Requests and Complete Documentation along with any , equired reports shall be an event of default. 10. DEFAULT AND TERMINATION. 10.1 Failure to Submit Required Documentation 10.1.1 If Agency fails to submit a Reimbursement Request, or if the submitted Reimbursement Request is incomplete or otherwise not in compliance with this Contract or ESG Regulations as deteimined by City in its sole discretion, Agency shill be in default of this Contract. City will notify Agency in writing of such default and the Agency will have 10 calendar days fiom the date of the written notice to submit or resubmit any such Reimbursement Request to cure the default. If Agency fails to cure the default within such time, Agency shall forfeit any payments otherwise due that month. 10.1.2 NOTWITHSTANDING THE PROVISIONS OF SECTION 10.1.1, IF AGENCY FAILS TO SUBMIT THE REIMBURSEMENT REQUEST DUE SEPTEMBER 20, 2014, OR IF THE SUBMITTED REIMBURSEMENT REQUEST FOR SEPTEMBER 20, 2014 IS LATE, INCOMPLETE OR OTHERWISE NOT IN COMPLIANCE WITH THIS CONTRACT OR ESG REGULATIONS AS DETERMINED BY CITY IN ITS SOLE DISCRETION, THERE WILL BE NO CURE PERIOD AND ANY REIMBURSEMENT WILL BE AUTOMATICALLY FORFEITED. ESG PSA CONTRACT 2013-2014 -TITS SALVATION ARMY 13 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 of uncured, under such Section, City reserves the right at its sole option to terminate this Contract effective immediately upon written notice of such intent with no penalty or liability to City. 10.1.4 Notwithstanding anything to the contrary herein, City will not be required to pay any ESG Funds to Agency during the period that any Reimbursement Request, report or documentation is past due or is not in compliance with this Contract or the ESG Regulations, or during any period during which Agency is in default of this Contract, 10.1 5 In the event of termination under this Section 10.1, all ESG Funds awarded but unpaid to Agency pursuant to this Contract shall be immediately foi feited and Agency shall hay e no further right to such funds. 10.2 Failure to Maintain Records or Submit Reports and Documentation. If Agency fails to maintain all records and documentation as required in Section 8, or if the maintained or a submitted report or documentation is not in compliance with this Contract or the ESG Regulations as determined by City in its sole discretion, City will notify Agency in writing and Agency will have 30 calendar days from the date of the written request to obtain or recreate the missing records and documentation or submit or resubmit any such report or documentation to City. If Agency fails to maintain the required reports of documentation, or fails to 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. 10.2.1 In the event of termination under this Section 10.2, 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, and any ESG Funds paid to Agency must be repaid to City within 30 days of termination. If such ESG funds are not repaid to City within the 30 day period, City shall exercise all legal remedies available under this Contract. 10.3 In General. Subject to Section 10.1, and unless specifically provided otherwise in this Contract, Agency shall be in default under this Contract if Agency breaches any term or condition of this Contract. In the event that such a breach remains uncured after 30 calendar days following written notice by City (or such other notice period as may be specified herein) or, if Agency has diligently and continuously attempted to cure following receipt of such written notice but reasonably requires more than 30 calendar days to cure as determined by both Paities mutually and in good faith, City shall have the right to elect in City's sole discretion to (i) extend Agency's time to clue, (ii) terminate this Contract effective immediately upon written notice of such intent to Agency, or (iii) pursue any other legal remedies available to City. ESG PSA CONTRACT 2013-2014 -THF SALVATION ARMY 14 10.3.1 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 forfeited and Agency shall have no further right to such funds, and any ESG Funds already paid to Agency must be repaid to City within 30 days of the termination. If such ESG funds are not repaid to City within the 30 day period, City shall exercise all legal remedies available under this Contract. 10.4 No Funds Disbursed while in Bre'tch. Agency understands and agrees that no ESG Funds will be paid to Agency until all defaults are cured to City's sztisfaction. 10.5 No Compensation After Date of Termination. Agency shall not receive any compensation for work undertaken after the date of the termination. 10.6 Rights of City Not Affected. Termination shall not affect or terminate any of the existing lights of City against Agency or which may thereafter accrue because of 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 Waives of Breach Not Waiver of Subseauent Breach. The waiver of a default or breach of any term, covenant, or condition of this Contract shall not operate as a waiver of any subsequent default or breach of the same or any other tern, covenant or condition hereof. 10.8 Civil, Criminal and Administrative Penalties. Failure to perform all the Contract terms may result in civil, criminal or administrative penalties, including, but not limited to those set out in this Contract. 10.9 Termination for Cause. 10.9.1 City may terminate this Contract in the event of Agency's default, inability, or failure to perform subject to notice, grace and cute periods. In the event City terminates this Contract for cause, all ESG Funds awarded but unpaid to Agency pursuant to this Contract shall be immediately rescinded and Agency shall have no further right to such funds and any ESG Funds already paid to Agency must be repaid to City within 30 days of termination. Failure to repay such ESG Funds within 30 days will result in City exercising all legal remedies available to City under this Contract AGENCY ACKNOWLEDGES AND AGREES THAT IF CITY TERMINATES THIS CONTRACT FOR CAUSE AGENCY OR ANY AFFILIATES OF AGENCY SIIALL NOI' BE CONSIDERED FOR ANY OTHER CITY CONTRACT FOR ESG FUNDS FOR A MINIMUM OF 5 YEARS FROM THE DATE OF TERMINATION. 10.9.2 Agency may terminate this Contract if City does not provide the ESG Funds substantially in accordance with this Contract. ESG PSA CONTRACT 2013-2014 - TI-IL' SALVATION ARMY 15 10.10 Termination for Convenience. In terminating in accordance with 24 C.P.R. 85.44 this Contract may be terminated in whole or in part only as follows: 10.10.1 By City with the consent of Agency in which case the Parties shall agree upon the termination conditions, including the effective date and in the case of partial termination, the portion to be terminated; or 10.10.2 By the Agency upon written notification to City, setting forth the reasons for such termination, the effective date, and in the case of partial termination, the portion to be terminated. In the case of a partial termination City may terminate the Contract in its entirety if City determines in its sole discretion 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. 10.11 Dissolution of Agencv Terminates Contract. In the event Agency is dissolved or ceases to exist, this Contract shall terminate. In the event of termination under this Section, all ESG Funds are subject to repayment and/or City may exercise all of its remedies under this Contract. 10.12 Reversion of Assets. In the event this Contract is terminated with or without cause, all assets acquired with the ESG Funds including cash, interest payments from loans or otherwise, all outstanding notes, mortgages or other security instruments, any accounts receivable attributable to the use of the ESG Funds, and any real or personal property owned by Agency that was acquired of improved with ESG Funds shall automatically transfer to City or to such assignee as City may designate. 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 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. If Agency takes any action that results in City receiving ei finding from HUD about the Program, whether or not repayment of all or any portion of the ESG Funds is i equired of City, Agency agrees it will pay City 10% of the ESG Funds as liquidated damages. The Parties agree that City's damages in the event of either repayment to IIUD being required or receiving a finding from HUD are uncertain and would be difficult to ascertain and may include an impact on City's ESG grant or other Federal giant funds, in addition to a finding by HUD or a repayment of funds to HUD by City Therefore the Parties agree that payment under this Section of 10% of the ESG Funds by Agency to City is liquidated damages and not a penalty. ESC) PSA CONTRACT 2013-2014 - THE SAINATION ARMY 16 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 calendar days of being notified of the change. City has 30 calendar days to make such determination after receipt of notice from Agency and failure to make such determination will constitute a waiver. In the event of termination under this Section 12, all ESG Funds awarded but unpaid to Agency pursuant to this Contract shall be immediately forfeited and Agency shall have no further right to such funds. Any ESG Funds already paid to Agency must be i paid to City within 30 calendar days of termination. 13. SURVIVAL. Any provision of this Contract that pertains to auditing, monitoring, client income eligibility, record keeping and reports, City ordinances, or applicable ESG requirements, and any default and enforcement provisions necessary to enforce such provisions, shall survive the termination of this Contract for 5 years after the Contract term ends and shall be enforceable by City against Agency. For purposes of this Contract, this 5 year period for survival of certain Contract provisions is deemed to begin on October 1, 2014 and end on September 30, 2019 regardless of whether or not this Contract is earlier terminated. 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 subcontractors, vendors, clients, licensees or invitees. 142 Doctrine of Resnondeat Superior. The doctrine of respondeat superior shall not apply as between City and Agency, or its officers members agents, servants, employees, contractors, subcontractors, vendors clients, licensees or invitees, and nothing herein shall be construed as creating a partnership or Joust 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 subcontractors, vendors, clients, licensees or invitees. 14.3 Agency Property. City shall under no circumstances be responsible for any property belonging to Agency, or its officers, members, agents, employees contractors, subcontractors, vendors, 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 ESG PSA CONTRACT 2013-2014 -- TFIR SALVATION ARMY 17 ALL CLAIMS OR SUITS PERTAINING TO OR CONNECTED WITH SUCI-I PROPERTY. 14.5 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 an ESG-funded service. 14.6 Venue. Venue for any action, whether real or asserted, at law or in equity, arising out of the execution, performance, attempted performance or non-performance of this Contract, shall lie in Tarrant County, 'Texas. 14.7 Governing Law. This Contract shall be governed by and construed in accordance with the laws of the State of Texas. If any action, whether real or asserted, at law or in equity, arises out of the execution, performance or non-performance of this Contract or on the basis of any provision herein, for any issue not governed by Federal law, the choice of law shall be the laws of the State of Texas. 14.8 Severnbility. 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 Exhibits, Attachments, and Addendums attached hereto, which ai e incorporated by reference and made a part of this Contract for all purposes constitute the entice agreement by the Parties hereto concerning the work and services to be peifoimed under this Contract. Any prior or contemporaneous oral or written agreement, which purports to vary the terms of this Contract, shall be void Any amendments to the terms of this Contract must be in writing and must be executed by each Party to this Contract. 14.10 Paragraph Headings for Reference Only, No Legal Significance; Number and Gender. 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. When context requires, singular nouns and pronouns include the plural and the masculine gender shall be deemed to include the feminine or neuter and the neuter gender to include the masculine and feminine. The words "include ' and "including" wheneN er used herein shall be deemed to be followed by the words `without limitation". ESG PSA CONTRACT 2013-2014 - THE SALVATION ARMY 18 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 USC 11371) > Title VI of the Civil Rights Act of 1964 (42 U.S.C. Sections 2000d et seq.) including provisions requiring recipients of federal assistance to ensure meaningful access by person of limited English proficiency > The Fair Housing Ac,t, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. Sections 3601 et seq.) > Executive Orders 11063, 11246 as amended by 11375 and 12086 and as supplemented by Department of Labor regulations 41 CFR, Part 60 > The Age Discrimination in Employment Act of 1967 > The Age Discrimination Act of 1975 (42 U.S.C. Sections 6101 et seq.) > The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. Sections 4601 et seq. and 49 CFR Part 24) ("URA") > Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. Sections 794 et seq.) and 24 CFR Part 8 wheie 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 Aii Act, as amended (42 U.S.0 Sections 1251 et seq.) and the Clean Water Act of 1977, as amended (33 U.S.C. Sections 1251 et seq.) and the related Executive Order 11738. In no event shall any amount of the assistance provided under this Contract be utilized with respect to a facility that has given rise to a conviction under the Clean Air Act or the Clean Water Act. > Immigration Reform and Control Act of 1986 (8 U.S.C. Sections 1101 et seq.) specifically including the provisions requiring employer 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 Uniform Federal Accessibility Standards, 24 CFR Part 40, Appendix A > Regulations at 24 CFR Part 87 related to lobbying, including the requirement that certifications and disclosures be obtained from all covered persons > Drug Free Workplace Act of 1988 (41 U.S C. Sections 701 et seq.) and 24 CFR Part 23, Subpart F > Executive Order 12549 and 24 CFR Part 5.105(c) pertaining to restrictions on participation by ineligible debarred or suspended persons or entities > Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act > Guidelines of the Environmental Protection Agency at 40 CFR Part 247 > For contracts and subgrants for construction or repair, Copeland "Anti - Kickback" act (18 U.S.C. 874) as supplemented in 29 CFR Part 5 ESG PSA CONTRACT 2013-2014 THE SALVATION ARMY 19 For construction contracts awarded by Agency in excess of $2,000, and in excess of $2,500 for other contracts which involve the e nployment 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. 4851 et seq.) and implementing regulations at 24 CFR Part 35, subparts A, B, M, and R Unifoim Administration Requirements of 24 CFR Part 85 14.11 HUD -Assisted Proiects and Employment and other Economic Opportunities; Section 3 Reauirements. 14.11.1 Requirement that Law Be Ouoted in Covered Contracts. — Certain Reauirements Pertaining to Section 3 of the Housing and Ui ban Development Act of 1968 as Amended (12 U.S.C. Sections 1701 et sea.) and its Related Regulations at 24 CFR Part 135. If the Program results in the creation of new employment, training, or contracting opportunities on a contractor or subcontractor level resulting from the expenditure of the ESG Funds, Agency shall comply with the following and will ensure that its contractors also comply. If the work performed under this Contract is on a project assisted under a program providing direct Federal financial assistance from HUD, Section 3 of 24 CFR 135.38 ("Section 3") requires that the following clause, shown in italics be inserted in all covered contracts ("Section 3 Clause"): Section to be quoted in covered contracts begins: "A. The work to be performed under this contract is subject to the requirements of Section 3 of Housing and Urban Development Act of 1968, as amended, 12 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 Part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. C. The contractor agrees to send to each labor organization or representative of workers with lvhich 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 ESG PSA CONTRACT 2013-2014 - THE SALVATION ARMY 20 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 whom the regulations of 24 CFR Part 135. The contractor will not subcontract with any subcontractor where it has notice or knowledge that the subcontractor has been found 111 violation of regulations in 24 CFR 135. F Noncompliance with HUD's regulation in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. G. With respect to work performed in connection with Section 3 covered Indian housing assistance, section 7(b) of the Indian Self - Determination and Education Assistance Act (25 U.S.C. section 450e) also applies to the work to be performed under this Contract. Section 7(b) requires that to the greatest extent ,feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian -owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and Section 79b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with Section 7(b)." Section to be quoted in covered contracts ends. 14.11.2 Agency Responsibilities for Section 3 Reuuirernents. City and Agency understand and agree that compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of HUD shall be a condition of the Federal financial assistance provided to the Progiam binding upon City and Agency, and their respective successors, assigns, contractors and subcontractors. Failure to fulfill these requirements shall subject Agency and its contractors and subcontractors and their respective successors and assigns to those sanctions specified by the grant agreement through which Federal assistance is provided and to such sanctions as are specified by 24 CFR Part 135. Agency's responsibilities include: ESO PSA CONTRACT 2013-2014 - THE SALVATION ARMY 21 14.11.2.1 Implementing procedures to notify Section 3 residents and business concerns about training, employment, and contracting opportunities generated by Section 3 covered assistance; 14.11.2.2 Notifying potential contractors working on Section 3 covered projects of their responsibilities; 14.11.2.3 Facilitating the training and employment of Section 3 residents and the award of contracts to Section 3 business concerns; 14.11.2.4 Assisting and actively cooperating with the LIED Depai tment in making contractors and subcontractors comply; 14.11.2.5 Refraining from entering into contracts with contractors that are in violation of Section 3 regulations; 14.11.2.6 Documenting actions taken to comply with Section 3; and 14.11.2.7 Submitting Section 3 Annual Summary Reports (form HUD-60002) in accordance with 24 CFR Part 135.90. 14.11.3 Section 3 Reporting Requirements. In oidei to comply with the Section 3 requirements, Agency must submit the forms attached hereto as Exhibit "J" - Section 3 Reporting Forms. 14.11.3.1 Report to the City on a quarterly basis all applicants for employment, and all applicants for employment by contractors and any subcontractors. This shall include name, address, zip code, date of application and status (hired/not-hired) as of the date of the report. 14.11.3.2 Advertise available positions to the public for open competition, and provide documentation to City with the quarterly repot t that demonstrates such open advertisement, in the form of printout of Texas Workforce Commission posting, copy of newspaper advertisement, copy of flyers and listing of locations where flyers were distributed, and the like. 14.11.3.3 Report to the City on a quarterly basis all contracts awarded by contractors and any subcontractors. This shall include name of contractor and/or subcontractor, address, zip code, and amount of award as of the date of the report. ESG PSA CONTRACT 2013-2014 -- THE SALVATION ARMY 22 14.12 Prohibition Atiainst Discrimination. 14.12.1 General Statement. Agency, in the execution, performance or attempted performance of this Contract, shall comply with all non-discrimination requirements of 24 CFR Part 5 as modified by 24 CFR 576.57(a) and the ordinances codified at Chapter 17, Article 11I, 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 Chaptei 17, Article III, Division 3 - Employment Practices of the City Code, and Agency hereby covenants and agrees that Agency, its officers, members, agents, employees and contractors, have fully complied with all provisions of same and that no employee, or applicant for employment has been discriminated against under the terms of such ordinances by either or its officers, members, agents employees or contractors. 14.12.2 No Discrimination in Employment during the Performance of This Contract. During the performance of this Contract Agency agrees to the following provision, and will require that its contractors and subcontractors also comply with such provision by including it in all contracts with its contractors: [Contractor or subcontractor's name] will not unlawfully discriminate against any employee or applicants for employment because of race, color, sex, gender, religion national origin, familial status, disability or perceived disability, sexual orientation gender identity, gender expression or transgender. Agency will take affirmative action to ensure that applicants are hired without regard to race, color, sex, gender, religion, national origin, familial status, disability or perceived disability, sexual orientation, gender identity, gender expression or transgender and that employees are treated fairly during employment without regard to their race, coloi sex, gender, religion, national origin, familial status, disability or perceived disability, sexual orientation, gender identity, gender expression or transgender. Such action shall include, but not be limited to, the following- employment, upgrading, demotion or transfer, recruitment or recruitment advertising layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Agency agrees to post in conspicuous prices, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. [Contractor or subcontractor 's name] will, in all solicitations or advertisements for employees placed by or on behalf of Agency, state that all qualified applicants will receive consideration foi employment without regard to race, color, sex, gender, religion national origin, familial status, disability or perceived disability, sexual orientation ESG PSA CONTRACT 2013-2014 - TI iI SALVATION ARMY 23 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, disci iminate 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. 14.12.3 Agency's Contractors and the ADA. In accordance with the provisions of the Americans With Disabilities Act of 1990 ( `ADA"), Agency warrants that it and any of its contractors will not unlawfully discriminate on the basis of disability in the provision of services to the general public, noi in the availability, terms and/or conditions of employment for applicants for employment with, or employees of Agency or any of its contractors. AGENCY WARRANTS IT WILL FULLY COMPLY WITH ADA'S PROVISIONS AND ANY OTHER APPLICABLE FEDERAL, STATE AND LOCAL LAWS CONCERNING DISABILITY AND WILL DEFEND, INDEMNIFY AND HOLD CITY HARMLESS AGAINST ANY CLAIMS OR ALLEGATIONS ASSERTED BY THIRD PARTIES OR CONTRACTORS AGAINST CITY ARISING OUT OF AGENCY'S AND/OR ITS CONTRACTORS', AGENTS' OR EMPLOYEES' ALLEGED FAILURE TO COMPLY WITH THE ABOVE -REFERENCED LAWS CONCERNING DISABILITY DISCRIMINATION IN THE PERFORMANCE OF THIS CONTRACT. 14.13. Prohibition 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 r esponsibilities with respect to activities assisted with ESG funds or who are in a position to participate in a decision -making process or gain inside information with regard to these activities may utilize ESG services, may obtain a financial interest or ESG PSA CONTRACT 2013-2014 -THE SALVATION ARMY 24 benefit from a ESG-assisted activity, or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties, during their tenure or for 1 year thereafter, unless they are accepted in accordance with the procedures set forth at 24 CFR 576.57(d). 14.13.3 Agency affirms that it will adhere to the provisions of the "Texas Penal Code which piohibits bribery and gifts to public servants. 14.13.4 The conflict of interest provisions of 24 CFR Part 85.36 and 24 CFR Part 84 42 respective!), shall apply in the procurement of property and services by Agency In all crises not governed by those sections, the provisions of 24 CFR 576.57(d) of the ESG Regulations shall apply. 14.14 Subcontracting: with Small and Minority Firms. Women's Business Enterprises and Labor Surplus Areas. 14.14.1 For procurement contracts larger than $50,000.00 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 City's BDE Ordinance, and all amendments or successor policies or ordinances thereto, into all contracts and subcontracts for procurement larger than $50,000.00 and will further require all persons or entities with which it so contracts to comply with said ordinance 14.14.2 It is national policy to award a fair share of contracts to disadvantaged business enterprises (DBEs), small business enterprises (SBEs), minority business enterprises (MBEs), and women's business enterprises (WBEs). Accordingly, affirmative steps must be taken to assure that DBEs, SBEs, MBEs, and WBEs are utilized when possible as sources of supplies, equipment, construction and services. 14.15 Other Laws. The failure to list any federal, state or City ordinance, law or regulation that is applicable to Agency does not excuse or relieve Agency from the requirements or responsibilities in regard to following the law, nor from the consequences or penalties for Agency's failure to follow the law, if applicable. 14.16 Assignment. Agency shall not assign all or any part of its rights, privileges, or duties under this Contract without the prior written approval of Director. Any attempted assignment of same without approval shall be void, and shall constitute a breach of this Contract. 14.17. Right to Inspcct Agency Contracts. It is agreed that City has the right to inspect and approve in writing any proposed contracts between Agency and any contractor engaged in any activity in conjunction with this ESG-funded Program prior to any charges being incurred. ESG PSA CONTRACT 2013-2014 - THE SALVATION ARMY 25 14.18 Force Majeure If Agency becomes unable, eithei in whole or part, to fulfill its obligations under this Contract due to acts of God, strikes, lockouts or other industrial disturbances, acts of public enemies, wars, blockades, insurrections, riots, epidemics, earthquakes, fires, floods, restraints or prohibitions by any court, board, department, commission or agency of the United States or of any States, civil disturbances, or explosions, or some other reason beyond Agency's control (collectively, "Force Majeure Event"), the obligations so affected by such Force Majeure Event will be suspended only during the continuance of such event. Agency will give City written notice of the existence, extent and nature of the Force Majeure Event as soon as reasonably possible after the occurrence of the event Failure to give notice will result in the continuance of Agency's obligation regardless of 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, IIOLD 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 TIIE 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 RESPONSII3ILITY OF CITY AND ITS OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES FOR ANY AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KINDS OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE OR NONPERFORMANCE OF THIS CONTRACT AND/OR THE OPERATIONS, ACTIVITIES AND SERVICES OF THE PROGRAM DESCRIBED HEREIN, WHETHER OR NOT CAUSED IN WHOLE OR IN PART BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS OF CITY. AGENCY LIKEWISE COVENANTS AND AGREES TO AND DOES HEREBY INDEMNIFY AND HOLD HARMLESS CITY FROM AND AGAINST ANY AND ALL INJURY, DAMAGE OR DESTRUCTION OF PROPERTY OF CITY, ARISING OUT OF OR IN CONNECTION WITH ALL ACTS OR OMISSIONS OF AGENCY, ITS OFFICERS, MEMBERS, AGENTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS VENDORS, INVITEES, LICENSEES, OR CLIENTS, OR ESG PSA CONTRACT 2013-2014 - THE SALVATION ARMY 26 CAUSED, IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS OF CITY. IT IS THE EXPRESS INTENTION OF THE PARTIES, BOTH AGENCY AND CITY, THAT THE INDEMNITY PROVIDED FOR THIS SECTION INCLUDES INDEMNITY BY AGENCY TO INDEMNIFY AND PROTECT CITY FROM THE CONSEQUENCES OF CITY'S OWN NEGLIGENCE, WHETHER THAT NEGLIGENCE IS ALLEGED TO BE THE SOLE OR CONCURRING CAUSE OF THE INJURY, DAMAGE OR DEATH. 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, SUBCONTRACTORS ANI) VENDORS TO INCLUDE IN THEIR CONTRACTS AND SUBCONTRACTS A RELEASE AND INDEMNITY IN FAVOR OF CITY IN SUBSTANTIALLY THE SAME FORM AS ABOVE. III Shot/ di A krlailifilbi hnketaf chigiabi:/it rdfr, 414 4flAVt7itY AI �WI/lit:Mr Kg/atilt/4Y /qr/ fippp /4110 ngil117sit /lt417ir'fs/ AFY $95/ Pt'/'PP}rA'6 fii11u,d»g �/114 hOsbN/di/ PtdrJdrt}I AthfitY /ticke16g 14dilvkA Iifd I /P/1ggcr A¢i/e/nkiyeily kon,, e,t11}itidri agai/rvsf ;C11fy/. / this/ &ti/drJ Nall MI 16d noon-wki AO iefekic gWthhhIthtV eitfilyr 41414-vhAtfikilek iuiddlet 4tMdtLd31 61 17. INSURANCE AND BONDING. ?1$5;flcy will maintain coverage in the form of insurance or bond in the amount of to insure against loss from the fraud, theft or dishonesty of any of Agency's officers, agents, trustees, directors or employees. The proceeds of such insurance or bond shall be used to reimburse City for any and all loss of ESG Funds occasioned by such misconduct. To effectuate such reimbursement, such fidelity coverage shall include a rider stating that reimbursementfor any loss or losses shall name the City as a Loss Payee. Agency shall furnish to City in a timely manner, but not later than the Effective Date, certificates of insurance as proof that it has secured and paid for policies of commercial insurance as specified herein. If City has not received such certificates by the Effective Date, Agency shall be in default of the Contract and City may, at its option, • ESG PSA CONTRACT 2013-2014 -' .t 27 terminate the Contract. Such insurance shall cover all insurable risks incident to or in connection with the execution, performance attempted performance or nonperformance of this Contract. Agency shall maintain, or require its general contractor to maintain, the following coverage and limits thereof Commercial General Liability (CGL) Insurance $500,000 each occurrence $1,000,000 aggregate limit Non -Profit Organization Liability or Directors & Officers Liability $1,000,000 Each Occurrence $1,000,000 Annual Aggregate Limit Business Automobile Liability Insurance $1,000,000 each accident on a combined single -limit basis, or $250,000 Property Damage $500,000 Bodily Injury per person per occurrence $2,000,000 Aggregate Insurance policy shall be endorsed to cover "Any Auto", defined as autos owned, hired and non - owned. Pending avail ibility of the above coverag, and at the discretion of City, the policy shall be the primary responding insurance policy versus a personal auto insurqnce policy if or ra hen in the course of Agency's business as contracted herein. Workers' Compensation Insurance Part A: Statutory Limits Part B: Employer's Liability $100,000 each accident $100,000 disease -each employee $500,000 disease -policy limit Note: Such insurance shall cover employees performing work on any and all projects including but not limited to construction, demolition, and rehabilitation. Agency or its contractors shall maintain coverages, if applicable In the event the respective contractors do not maintain coverage, Agency shall maintain the coverage on such contractor, if applicable, for each applicable contract. Additional Requirements Such insurance amounts shall be revised upward at Cityes reasonable option and no more frequently than once every 12 months, and Agency shall revise such amounts within 30 days following notice to Contractor of such requirements ESG PSA CONTRACT 2013-2014 — THE SALVATION ARMY 28 • 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. Where applicable, insurance policies required herein shall be endorsed to include City as an additional insured as its interest may appear. Additional insured parties shall include employees, officers, agents, and volunteers of City. The Workers' Compensation Insurance policy shall be endorsed to include a waiver of subrogation, also referred to as a waiver of rights of recovery, in favor of City. Any failure on part of City to request certificate(s) of insurance shall not be construed as a waiver of such requirement or as a waiver .of the insurance requirements themselves. Insurers of Agency's insurance policies shall be licensed to do business in the state of Texas by the Department of Insurance or be otherwise eligible and authorized to do business in the state of Texas. Insurers shall be acceptable to City insofar as their financial strength and solvency and each such company shall have a current minimum A.M. Best Key Rating Guide rating of A-: VII or other equivalent insurance industry standard rating otherwise approved by City. Deductible limits on insurance policies shall not exceed $5,000 per occurrence unless otherwise approved by City. In the event there are any local, federal or other regulatory insurance or bonding requirements for the Program, and such requirements exceed those specified herein, the former shall prevail. Agency shall require its contractors to maintain applicable insurance coverages, limits, and other requirements as those specified herein; and Agency shall require its contractors to provide Agency with certificate(s) of insurance documenting such 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. iavdckosds/Kdizadeu /Ilikontsi/dcfilenge' Mel Al /fbNe/ /mAyi /b4 pitota/ov /a/ 6YahinNrfilwld a(thblb'ehfelfedi•Odl lthlN1bliAgdrhkni A/JAf (tdth 6il bf/thitt/ 41Lid Aiddrig`ftiX /akislrig /du�t/Of /d'itt'e'sl /q011441-g0/411aAU htc6tkeil fibt' ba& di /sirititti bit' tiilti 4kdilehf kiabidW affildchtl tatiekti b0Pdds1 fraXu'ilititit/VddlirniXtht frO1tibti1s/ / LSG PSA CONTRACT 2013-2014 - 29 18. CERTIFICATION REGARDING LOI3BVING. The undersigned representative of Agency hereby certifies, to the best of his or her knowledge and belief, that: No Federal appropriated funds have been paid or will be paid, by or on behalf of Agency, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement. If any funds other than federally appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, membei of Congress in connection with this Federal contract, grant, loan or cooperative agreement, Agency shall complete and submit Standard Form-LLL, Disclosure Form to Report Lobbying,' in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this Contract was made or entered into. Submission of this certificate is a prerequisite for making o1 entering into this Contract imposed by 31 U.S.C. Section 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000.00 and not more than $100,000.00 for each such failure. Agency shall require that the language of this certification be included in all subcontracts or agreements involving the expenditure of Federal funds 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 per tinent 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 waiting 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 Patty at the address set out below or at such other address as the receiving Party designates by proper notice to the sending Party. ESG PSA CONTRACT 2013-2014 - THE SALVATION ARMY 30 City: City Attorney's Office 1000 Throckmorton Street Foit Worth, TX 76102 Telephone: 817-392-7600 Copy to: Director of Housing and Economic Development 1000 Throckmorton Street For t Worth, TX 76102 Telephone: 817-392-7540 Copy to: Development Project Coordinator — Housing and Economic Development 1000 Throckmorton Street reit Worth, TX 76102 Telephone: 817-392-6342 Agency: The Salvation Army, a Georgia Corporation Prograiri Ivlanager 1855 East Lancaster Fort _'Wtirtn,'TX 76103 817-344-1831 21. AGENCY HAS LEGAL AUTHORITY TO ENTER INTO CONTRACT., Agency represents that it possesses the legal authority, pursuant to any proper, appropriate and official motion, resolution or action passed or taken, to enter into this Contract and to perform the responsibilities herein required 22. COUNTERPARTS. This Contract may be executed in multiple counterparts, each of which shall be considered an original, but all of which shall constitute one instrument which may be sufficiently evidenced by one counterpart. [SIGNATURES APPEAR ON NEXT PAGE] ESG PSA CONTRACT 2013-2014 - THE SALVATION ARMY 31 • ITNESS WHEREOF, the f this Contract in Fort Worth, to fi4 f /955i- ity Secretary M&C: C-26369 Pate: August 6, 2013 STEPHEN ELLIS APPROVED AS TO FORM f ' v y1v, is Assistant City Attorney •-�•-•4.--� Se << a.—> 'Say k�. =S' c �.,o- ^•r.`j.. .r laws ass By`fj Nam Title: • 24. a�.] .`:i %"'fir i�G ;"7.. � • ••te ... It 6179isC, Parties hereto have executed 4 duplicate Tarrant County, Texas. CITY OF FORT WORTH By: Fernando Costa, Assistant City Manager A Georgia Corporation will comply with all applicable h this Application and Agreement. air at: ai r •: L•'i•:• `• %.ram.`••t;•...•��'j ••.r:.: •'f;^;; •: �L ZS r�t�..i�- i<r�t,::-: �'aLT^i r .: STEPHEN ELLIS ASSISTANT TREASURER STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on ,•e,L) OL 2013 by Fernando Costa, Assistant City Manager of the city f Fort Worth, on behalf the City of Fort Worth. w . 1.0 ��.. 4f.�lIgo `1 0,. EVONIA DANIELS Notary Public, State of Texas My Commission Expires July 10, 2017 `Notary Public, State of Texas STATE OF raS CEOCTIIA § COUNTY OF ST § C',lig gild • l-�-� _ � This instrument was acknowledged before me one b7 , 2013 by ifi" --7 1 ;..��� Ott .�'h: ti=,-, :.' '-: fir .' , . • ,; , the / ` entl :1 of The Salvation Army, a Georgia corporation, on behalf of said colporation.t• ASSLSTANT I REASUi edT- .r a • I OFFICIAL RECORD i cm' SECRETARY '• . ES \PSACar0M9P4.20.17-20 1 4 Notary Public, State of litt1ittl/!/// /ft 'B tJ Fr • er: APR�, 7 0 :eke' t„ • l0� •fegbe . O ��',�� A ema 29 G'f `+ 2014 ° o D I o 0•yf`�`r oU�tes C a51 32 EXIHBI'I'S: Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit "A" — Program Summary "A-1" — 2013 HUD Income Limits "A-2" — Environmental Mitigation Action "13" — Budget "C" — Audit Certification Form "D" — Reimbursement Forms "E" — Form of Income Self -Certification "F" — Standards for Complete Documentation "G" —ESG Performance Standards "H" — Match Report "I" — ESG Staff Certification Form "J" - Section 3 Reporting Forms ESG PSA CONTRACT 2013-2014 -- THE SALVATION ARMY 33 Salvation Army EXHIBIT A Home Sweet Home (Homelessness Prevention) PROGRAM SUMMARY PROGRAM SUMMARY Emergency Solutions Grant (ESG) October 1, 2013 to September 30, 2014 PERIOD PROGRAM: $ 43,136.00 AMOUNT The program will provide homeless prevention and financial assistance to ESG—eligible residents of Fort Worth. Program services include fin incial assistance for rental assistance (short- and medium -term), rent arrears, and security deposit. Note: Only Fort Worth residents are eligible to receive financial assistance under ESG ESG may only be used for financial assistance at an address located within the City of Fort Worth. Main program office and services will be available at 1855 East Lancaster, Fort Worth, TX, 76103 REGULATORY CLASSIFICATION: Service Category (if more than one category, specify amount for each): ESG Homelessness Prevention Component Regulatory Citation(s): 24 CFR 576.103 For homeless prevention financial assistance activities, Agency will maintain documentation that 100% of clients sere ed are homeless or at risk of homelessness AND 100% of client households have annual income at or below 30% of Area Median Income (AMI) as established or defined by the United States Department of Housing and Urban Development (HUD). PROGRAM GOALS: Provide services to approximately 30 Households EXHIBITA - ESG: SALVATION ARMY 30% AMI 50% AMI 80% AMI 1 Person $13,850 $23,050 $36,900 2 Persons $15,800 $26,350 $42,150 EXHIBIT "A-1" 2013 HUD INCOME LIMITS 2013 Median Family Income — Fort Worth/Arlington, TX* 3 Persons 4 Persons 5 Persons 6 Persons 7 Persons $17,800 $19,750 $21,350 $22,950 $24,500 $29,650 $32,900 $35,550 $38,200 $40,800 $47,400 $52,650 $56,900 $61,100 $65,300 *Income limits are established and published at least annually by HUD. 8 Persons 1 $26,100 $43,450 $69,500 EXFllBIT "A-2" ENVIRONMENTAL MITIGATION ACTION NONE REQUIRED iuIYIERGENGI•-SHLL'TER ESSENTIAL SERVICES Salaries life Insurance Health Insurance Unemployment Worker's Compensation Retirement (FICA/Medicare) Office Supplies Postage Printing Craft Supplies Food Supplies Insurance Accounting Contract Labor SHELTER OPERATIONS Itlaintcnance Rent Security Insurance Utilities Supplies Hotel/Motel Vouchers RENOVATIONS SUBTOTAL EMERGENCY SHELTER HOUSING RELOCA.I'ION:AND STABII IZATION Salaries- Prevention FICA- Prevention Life Insurance- Prevention Health Insurance- Prevention Disability Insurance- Prevention Unemployment -State- Prevention Salaries- Rc1-lousing FICA- Rcllousing Life Insurance-Rcllousing Health Insurance- Rcllousing Disability Insurance- ReI-lousing Unemployment -State- Rcllousing SUBTOTAL- HR&S 1INANCIA14ASSISTAN, CW? Rental Assistance- Prevention Rental Assistance- Rcllousing Utility Payments- Prevention Utility Deposits- Rcllousing Moving Costs- Rd lousing Motel/hotel Vouchers- Ret-lousing Security Deposits- Ref lousing SUBTOTAL- FINANCIAI. ASSISTANCE Il\4IS- Prevention I IMIS- Ref lousing SUBTOTAL- TIMIS _TOTAIrESG:CONWMCT:AMOUNT FUNDING A' GENERAL DONATIONS FUNDING B. FUNDING C EXHIBIT B - BUDGET Acao mt; Carttnt-I3udc{et -. - 1001 1002 1003 1004 1005 1006 1007 1008 1009 1110 1111 1112 1113 1114 1115 1116 1117 1118 1119 1120 1121 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 3001 3002 3003 3004 3005 3006 3007 4001 4002 543,136.00 $43,136.00 $r13;136.00'= $45,500 $3,480 $186 $9,000 $56 $53,222 $10,000 $515.00 $68,-73V EXHIBIT B -ESG: SALVATION ARMY TotrA 1 $45,500 $3,480 $186 $9,000 $56 $58,222 $53,136.35 $53,136.35 $515.00 $515,00 101;873 3$:. The following tables are purely informational and were created solely for purposes of preparing, negotiating, and determining the rerisonabieness of the ovei all line item budget on the first page of this EXHIBIT B -- BUDGET and are not to be considered part of the terms •md conditions of this Contract. Contractor m iy make changes to any column except the "Position" column in the Salary Detail" table, without the City's consent so long as the total amounts charged to the grant do not exceed the line items on the first page of the EXHIBIT B -- BUDGET." Changes to the column labeled "Position" may only be made with the prior written consent of the City. SALARY DETAIL Position Cost Type (Admin or Rate Annual Hours Percent to Amount to Housing Grant Grant Relocation/Stabilization Services) FRINGE DETAIL Percent of Payroll Amount FICA Life Insurance Health Insurance Unemployment Workets Compensation Retie ement Office Supplies Office Equipment Rental Postage Printing Conference & Seminars Construction/Building Materials Contract Labor Craft Supplies Credit Reports Facility fees Field Trip Costs Food Supplies Mileage Teaching Aids Percent to Grant SUPPLIES AND SERVICES Total Budget Pei cent to Grant EXHIBIT B — ESG: SALVATION ARMY N/A N/A N/A N/A N/A N/A Amount to Grant N/A N/A N/A N/A N/A N/A Amount to Grant MISCELLANEOUS Total Budget I Percent to Grant Amount to Grant N/A N/A N/A N/A N/A I N/A I N/A I N/A I N/A I I N/A 2 Telephone Electric Gas Water and Wastewater Solid Waste Disposal Rent Custodial Services Repairs Cleaning Supplies Fidelity Bond (oi Equivalent) General Commercial Liability Directors and Officers Legal Fees Conti act Accounting Rapid Re-1-Lousing Homelessness Prevention Rapid Re -Housing Homelessness Prevention FACILITY AND UTILITIES Total Budget Percent to Grant LEGAL, FINANCIAL AND INSURANCE Total Budget Percent to Grant Amount to Grant N/A N/A N/A N/A N/A N/A 1 N/A N/A j N/A FINANCIAL ASSISTANCE I otal Budget I Percent to Grant $53,136.35 I 81% HMIS Total Budget Percent to Grant Amount to Grant N/A N/A N/A N/A N/A Amount to Grant $43,136.00 Amount to Grant EXHIBIT B -- ESG: SALVATION ARMY 3 EXHI13I1 "C" Audit Certification Form [See attached] Agency: AUDIT CERTIFICATION FORM AND AUDIT REQUIREMENTS Name of Agency Fiscal Year Ending: September 30.2014 1 During the fiscal year in which funds will be received, we will exceed the federal expenditure threshold of $500,000. We will have our Single Audit or Program Specific Audit completed and will submit the A-133 audit report within seven (7) months after the end of the audited fiscal year or thirty (30) days within its completion, whichever is the earlier date. During the fiscal year in which funds will be received, we will not exceed the $500,000 federal expenditure threshold required for a Single Audit or a Program Specific Audit to be performed this fiscal year. (Fill out schedule below) Federal Graritor„; Feder al );xpe �ditut a Disclosare tIST be.f ll'ed olit if $1006- udit or Pi4grg n,Atidi(ls'. assTiizougi� Program Name 8c G�ai�toi, CFDANumbei ` Signatory and Title T"requirec ptrtract' itlnlbe, Total Federal Expenditures for this Fiscal Year: xpet ditules ; 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 Al 33 by the required due date may result in suspension of funding and may affect eligibility for future funding Notwithstanding the above, this certification acknowledges the agency's commitment to meet all other financial reporting, financial statements, and other audit requirements as may be set forth in the Contract. Exhibit "D" - Reimbursement Forms [See attached] Agency: Address: City, State, Zip: Program: Period of Service: Attachment I INVOICE voice = Cumulative to`. Agency's Certification: 1 certify that the costs incurred are valid and consistent with the terms and conditions of the contract between City and Agency. By signing this invoice, I certify that to the best of my knowledge and belief the data included in this report is true and accurate. It is acknowledged that the provision of false information could leave the certifying official subject to the Signature and Date: Name: Title: '.Lfna No: 2 4 3 6 7 N 9 0 1 2 3 4 5 fi 7 x 9 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 4R 49 50 51 52 33 54 55 56 57 5x 59 60 Total Agcucv Program Check No; 1 P Monte Proermi Name Attachment 11 City of Fat Worth (lousing and Economic Development Deportment Expenditure IVorksheet srioiim4'� i Amount' Please group like account codes. count,Cd 'PO gap ci x ttao;', *Payroll must identify employee Rcot rust identify tenant. Other payments should identify individual Illghiight_e?harc Bse only releysti ,codes for this Program, ABSMINInnetfrIVE ft1OFWA 0aIv1= Salaries FICA Life Insurance Health Insurance Disability Insurance Unemployment -State Legal & Accqunink PROGRABITERSONNEL-1" Salaries FICA Lift Insurance Heal0n Insurance Uucmolovmcm Worker's Compensation Retirement SUPPLIES'ANO,SERVICES`- ""-- Office Supplies Office Egrlpmenl Rental Postage Prinlina MISCEIIi%NEOUS Conference & Seminar: Construction/Building Materials Contact Labor Craft Supplies Credit Reports Facility Fees Field Trip Costs Food Suppiios Mileage Teaching Aids FACu,Ii•:WA iD.IMLITIEs Telephone Elecuic Gas Water and Wastewater Solid Waste Disposal Rent Custodial Scn"iccs Repairs ClenningSupplies IS,CAG-37iN&NCIAB1AND INSURANCE 1-7 Fidelity Bond or Enuivalen" Directors and Officers General Commercial Linbilin Legal Feu Contract Accounting DIREp`ASSISTANCE'Ss?;r Childcare Scholarship: Cot tatting- Individual Session' Cot ❑Soling- Group Sessions Short-term Rent Assistance Short-term Mortgage Assistance Short4cmt Utilities Assistance Teinan t Baru) Rental Assistance APITAU9UELAY-7tfe Fumiture Flames Commtcrs Office Esmipmcnt Spot and Recreation Equipment 1001 1002 1003 1004 1005 1006 1 1007 2001 2002 2003 2004 2005 2006 2007 3001 3002 3003 3004 4001 4002 4003 4004 4005 4006 4007 4003 4009 4010 5001 5002 5003 5004 5005 5006 5007 5098 5009 6001 6002 6003 6004 6005 7001 7002 7003 7004 7005 7006 7107 8001 11602 6662 8004 Tnf 5 Exhibit "E" Form of Income Self -Certification [See attached] CERTIFICATION OF INCOME STATEMENT Applicant Name: Current Address: Phone #: Last Name First Name Household Members and Income (Including Applicant) Age Monthly Source/Employer Name Income **PERSONAL INFORMATION: (Check one in each item. Optional Information for Federal Reporting Purposes) ❑ MALE b. ❑ WHITE ■ BLACK/AFRICAN AMERICAN ■ BLACK/AFRICAN AMERICAN & WIII'I'E FEMALE ❑ AMERICAN 1NDIAN/ALASKAN NATIVE ❑ ASIAN AMERICAN INDIAN/ALASKAN NATIVE & WHITE ❑ ASIAN & WHITE NATIVE HAWAIIAN/OTHER PACIFIC ISLANDER ❑ BALANCE/OTHER ❑ AMERICAN INDIAN/ALASKAN NATIVE & BLACK/AFRICAN AMERICAN c. ETI INICCI'Y d. DISABLED e. IS CLIENT WOMEN HEAD OF HOUSEHOLD U I IISPANIC ❑ YES ❑ YES ❑ NON -HISPANIC ■ NO rl NO ■ ■ * TOTAL NUMBER OF HOUSEHOLD MEMBERS Total Anticipated Annual Household Income: (Include Yourself AND everyone who lives in the house,.) 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 18, SECTION 1001 OF THE U.S. CODE STATES THAT A PERSON IS GUILTY OF A FELONY FOR KNOWINGLY AND WILLINGLY MAKING FALSE OR FRAUDULENT STATEMENTS TO ANY DEPARTMENT OF THE UNITED 8 TATES GOVERNMENT Signature of Applicant For use by funding agency: Household Size: Income Limit Person Making Determination: Annual Income: Is Applicant Eligible: Date: Date CERTII+1CACION DE DECLARACION DE INGRESOS Nombre del Solicitante: Domicilio Actual: Nilmero de'1'elefono: Apellido Nombre Miembros en el Hour e Ingresos (incluir el/la solicitante) Edad Ingreso Puente de Ingresos/Nombre de Empleador Mensual **INFORMACI(SN PERSONAL: (Seleccione uno en cada categoria. lnformeicibn opcional para propdsitos de informacion Federal) a. ❑ MASCULINO b. ❑ CAUCASICO ■ NEGRO/AFRICANO AMERICANO NEGRO/AFRICANO AMERICANO & CAUCASICO ❑ FEMININO ❑ INDIO AMERICANO/NATIVO DE ALASKA n ASIATICO ❑ INDIO AMERICANO/NATIVO DE ALASKA & CAUCASICO ■ ASIATICO & CAUCASICO El NMIVO IIAWAIANO/OTRO DE LAS ISLAS PACIFICAS ❑ BALANCE/OTRO ❑ INDIO AMERICANO / NATIVO DE Al ASKA & NEGRO/AFRICANO AMERICANO c. ETNICIDAD d. DISCAPACITADO e. /,ES EL SOLICI"I'AN'I E UNA MUJER Y CABECERA DEL HOGAR'? IIISPANO n si ❑ si NO-HISPANO ❑ NO fl NO ■ ■ * NUMERO TOTAL DE MIEMBROS EN EL HOGAR Ingreso total del hogar anual anticipado: (Incluye a si mismo y a todos los clue viven en la casa) 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 sujeto a las penalidades Federales, Estatales y locales ADVERTENCIA: TITULO 18, SECCION 1001 DEL CODIGO DE EE.UU. QUE UNA PERSONA ES CULPABLE DE UN DELITO POR SABER Y VOLUNTARIAMENTE RACER DECLARACIONES FALSAS 0 FRAUDULENTAS A CUALQUIER DEPARTAMLNTO DEL GOBIERNO ESTADOUNIDENSE. Firma del Solicitante Fecha Para el use de la agenda financiando: # De Miembros en el Hogan Ingreso Anual: Limite de Ingreso: LEs el solicitante elegible? : Persona haciendo la determinacion: Fecha: Exhibit "F" - Standards for Complete Documentation [See attached] 2013-2014 Documentation Standards for Public Service Contract Expenses n,.:� _._v Bubsiet Llneitema>' Em3I9yeeSalarles 14d:SefLe Its Salaries X X FICA/Medicare Life Insurance Health Insurance bisabilily Insurance Unemployment Insurance Retirement Protesslonal Servictis' Accounting X X X Expenses Ma erlals; Equlotneht;'Goods aifd Supplies ::=. Office Supplies X X X Office Equipment X X X Rental Postage X X X Printing X X Construction & X X Building Materials (Sport and X X Recreation Equipment I Cleaning Supplies IX X I ITeachine Aids X X Craft Supplies X X I Food Supplles IX X i Travel`atid:Field'Tri - IField Trip X X Admission Expenses Rent; titIlltIes'and'Maitte tatlbb Telephone X X Gas X X I Water/Wastewater X X Electric X X Solid Waste X X Disposal Facility Maintenance and Repairs Custodial Services X X Rent MlscellaneoUS -2 Contract Labor 1 X Insurance Required X X Under the Contract Childcare Scholarships X X 1 X X If ar employee works solely with contract eligible clients and solely on Contract eligible items, Ihen the employee's entire salary Is eligible for rein bursemo it. Twice in each calendar year, the Uenl must submi a written statement verifying That the above conditions are still We. The scat merit must also be signed be a person authorized to sign on b half of the agency. If an employee works on a variety of programs, or works w ilh a mixture of Contract eligible clients and non -eligible clients, then the City will only reimburse for a reasonable portion of the employee's salary. Each r Imbursement request must include not only the employee's timesheet, but also a work log breaking out the employee's time by project or activity. For employees paid with multiple funding sources, Iimesheels must reflect all funding sources. If separate timeshools are kept for each funding ourco. all such timeshools must be submitted to City. if employees we paid by direct deposit rather than check, Ihen the agency must submit both (he direct deposit payment company's report (such as an AOT report) and o bank statement or check showing payment to the direct deposit company. If the City pays gross salary, this is already included. If the City pays the employer portion, then the employer must show a calculation and documentation of how the Invoiced amount was calculated. and Include documentation showint: payment. If the City pays gross salary, This Is atroady included. If we pay the employer portion, Ihen the employer must show a calculation and documentation of how the invoiced amount was calculated, must include an invoice from the insurer, and must include documentation showing payment. If the City pays gross salary, this Is already Included. If we pay the employer portion, then the employer must show a calculation and documentation of how the invoiced amount was calculated, must include an invoice from the insurer, and must include documentation showing payment, If the City pays gross salary, this is already included. If we pay the employer portion, Ihen the employer must show a calculation and documentation of how the invoiced amount was calculated, must include an Invoice from the insurer, and must include documentation showing payment. If the City pays gross salary, this is already included. If we pay the employer portion, then the employer must of how the invoiced amount was calculated. and must include documentation showing payment. Ir we pay gross salary, this is already included. If we pay the employer portion, Ihen the employer must show the invoiced amount was calculated, must and include documentation showing payment, and prior to the firs) personnel policy, regardmq retirement benefits It an audit is required because federal funds exceed S500,000, than the cost should be split evenly by all federal funding sources. I show a calculation and documentation a calculation and documentation of how reimbursement, must include the The agency should maintain information regarding mailouts. If the agency has a Pitney Bowes machine or like postage machine, the records of that machine must be on file. Likewise, if mail is categorized by payment source, Ihen those records must be on file. For large mahouts, the agency should keoo a copy of the letter and a list of all addressees. This category Is only available for REACH. MEI • (ln addition to admission expenses. food expenses will also be allowed so long as the agency has a written policy slating that food and drinks are routine purchases on all field (rips, not just Contract -funded field trips. he=followIf(:expensas?aro pald:fontliid1111Y ttiatWused"fie''r.pate-nigi ooses'besides_thetiiiitraet pros ramr:ftieh the bills must,tia X *Proof of payment effective October 1, 2013: If services aro provided per a contract. agency will provide contract instead of invoices. City requires that the agency submit its fee schedule, showing a breakout of income levels. and for each level a breakout of the portion of the expense to be paid by family and the portion to be reimbursed by the City. This fee schedule is required prior to the fast payment. We also require the income eligiblity of each household so that we can determine if we are being changed in canfomiance with the fee schedule. If the fee schedule changes al any lime during the contract year, the agency must notify City and provide a now schedule within 30 days of the change. Payments or Expenses must be documented in the following manner: A) Image of the check AND bank statement showing the check cleared the bank: OR, B) Image of the cancelled check (ex. At end of bank statement); OR, C) Payroll "Advace" or Statement AND Bank Statement indicating payroll, OR, D) For tyre or e•trnnsfers: Reciept or statement from payee/vendor OR bank statement EXHIBIT "G" — ESG PERFORMANCE STANDARDS Emergency Solutions Grant Performance Standards Activity tJu�tpiutlMoiu_ 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 temporary /transitional housing destinations - Exiting to permanent housing destinations Receiving case management Homelessness Number of persons: Prevention Who maintained their permanent housing for 3 months Exiting to permanent housing destinations With higher income at program exit With more non -cash benefits at 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 IIUD Mid -Program Assessment and the IIUD 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 pievention must be reassessed monthly; sapid 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. Exhibit "17" Match Report [See attached] CITY OF FORT WORTH HOUSING AND ECONOMIC DEVELOPMENT DEPARTMENT EMERGENCY SOLUTIONS GRANT This attachment is designed to document proposed sources and to assess compliance with the required Emergency Shelter Grant (ESE) match portion at 24 CFR 576.51. ESG funds are matched dollar -for -dollar for each program year allocation. City of Fort Worth ESG Funds S Agency ESG Match $ 1 SOURCES OF LOCAL MATCH: Other Federal (including pass -through funds, e.g., City CDBG, County FEMA, etc.) MATCH SOURCE TOTAL MATCH $ MATCH AMOUNT 2. STATE/LOCAL GOVERNMENT FUNDING: (e.g., State Housing Trust Funds, Local Assessment, etc ) MATCH SOURCE TOTAL MATCH 3. PRIVATE (including recipient) FUNDING: MATCH SOURCE Fund Raising/Cash Loans Building Value or Lease Donated Goods MATCH AMOUNT MATCH $ AMOUNT Date: 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 submitted by a non-profit agency, has been appt oved 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) Submitted by: Phone Number: EXHIBIT "I" Staff ESG Certification Form [See attached] City of Fort Worth STAFF CERTIFICATION OF ELIGIBILITY FOR ESG FINANCIAL ASSISTANCE Instructions: to order for Ci y to approve reimbu seme,nt for: n e client, agency must submit: (1) client documentation of inconu, (source docu nentatton or self -certification); (2) documentation of homclesst ess; (3) copy o lease; and (4) this completed form (1) - (4) must be submitted upon initial reimbursement request for assistance for eacl client AND upon agency request for reimbursement for the 4th month of rent for a client (excluding arrears). 1. General Information Head of Household Name: Names of Other Household Members: Age: Age: Age: Age: Age: Age: Household Income is less than 30% AMI? Yes LJ No LJ Client Lacks Resources/Support Networks? Yes n No n Type(s) of ESG Financial Assistance: Rent I I Rent Arrears n Utility n Deposit(s) n Unit Address (must be in City of Fort Worth): 2. Other ESG Requirements Lease in agency file? Yes l I No n Client receives NO other rental subsidy (ie Housing Choice Voucher)? Yes n No C Rental Assistance Agreement between landlord and agency in agency file? Yes n No n Unit Number of Bedrooms: Fair Market Rent (FMR) & Rent Reasonableness: Area FMR Limit (as published by IIUD): Unit Rent per lease• Unit meets Habitability Standards? Yes II No ❑ I Date of Inspection: 3. Lead -Safe Housing: Applicable when (1) providing ESG rental assistance for more than 3 months excluding arrears, (2) pre-1978 housing unit, AND (3) child under 6 in household. Not Applicable n Number of Months Rental Assistance Provided (excluding arrears): Visual Inspection Indicates Unit and Property Free of Deteriorated Paint? II Year Housing Unit Built: Name of Visual Assessor*: Yes No *For named, agency must have on file a certificate of completion of [IUD's Visual Assessment Course (htto:// 'vw hud.eov/offices/lead/lrainine/visualassessmcnt/h00I00.clin) Required certifications: Each person signing below certifies to the following: (1) To the best of my knowledge, the program participant named above meets all requirements to receive assistance under the Emergency Solutions Grant (ESG). (2) To the best of my knowledge and ability, all of the information used in making this eligibility determination is true and complete. (3) I am not related to the program participant through family, business or other personal ties. (4) To the best of my knowledge, neither 1 nor anyone related to me has received or will receive any financial benefit for this eligibility determination. (5) 1 understand that fraud is investigated by the Department of Housing and Urban Development, Office of inspector General, and may be punished under Federal laws to include, but not limited to, 18 U.S.C. 1001 and 18 U.S.C. 641 (6) I understand that if any of these certifications is found to be false, I will be subject to criminal, civil and administrative penalties and sanctions. ESG Staff Signature: ESG Supervisor Signature: Date: Date: EXHIBIT "J' SECTION 3 REPORTING FORMS [See attached] EXHIBIT "J" 8. Date Report Submitted: Part 1: Section 3 Summary Report Economic Opportunities for Low — and Very Low -Income Persons Section back of page for Public Reporting Burden statement U.S. Department of Housing and Urban Development Office of Fair Housing And Equal Opportunity 1. Recipient Name & Address: (street, city, stale. zip) 2 Federal Identification: (grant no.) 4. Contact Person 6. Length of Grant: 9. Program Code: (Use separate sheet for each program code) Employment and Training ("" Columns B, C and F are mandatory fields. Include New A Job Category Professionals . Technicians Office/Clerical Construction by Trade (List) Trade Trade Trade Trade - Trade Other (List) Total. • Program Codes 1 = Flexible Subsidy 2 = Section 202/811 B Number of New Hires c Number of New Hires that are Sec. 3 Residents 3 = Public/Indian Housing A = Development, B = Operation C = Modernization Page 1 of 2 D % of Aggregate Number of Staff Hours of New Hires that are Sec. 3 Residents OMB Approval No: 2529-0043 (exp. 11/30/2010) HUD Field Office: 3. Total Amount of Award: 5. Phone: (Include area code) 7. Reporting Period: 10. Program Name: Hires in E &F) E % of Total Staff Hours For Section 3 Employees and Trainees 4 = Homeless Assistance 5=HOME 6 = HOME State Administered 7 = CDBG Entitlement F Number of Section 3 Trainees 8 = CDBG State Administered 9 = Other CD Programs 10 = Other Housing Programs form HUD 60002 (6/2001) Ref 24 CFR 135 Part II: Contracts Awarded 1. Construction Contracts: A. Total dollar amount of all contracts awarded on the project $ B. Total dollar amount of contracts awarded to Section 3 businesses $ C. Percentage of the total dollar amount that was awarded to Section 3 businesses D. Total number of Section 3 businesses receiving contracts 2. Non -Construction Contracts: A. Total dollar amount all non -construction contracts awarded on the project/activity $ B. Total dollar amount of non -construction contracts awarded to Section 3 businesses C. Percentage of the total dollar amount that was awarded to Section 3 businesses D. Total number of Section 3 businesses receiving non -construction contracts Part III: Summary $ % Indicate the efforts made to direct the employment and other economic opportunities generated by HUD financial assistance for housing and community development programs, to the greatest extent feasible, toward low -and very low-income persons, particularly those who are recipients of government assistance for housing. (Check all that apply.) Attempted to recruit low-income residents through: local advertising media, signs prominently displayed at the project site, contracts with the community organizations and public or private agencies operating within the metropolitan area (or nonmetropolitan county) in which the Section 3 covered program or project is located, or similar methods. Participated in a HUD program or other program which promotes the training or employment of Section 3 residents. Participated in a HUD program or other program which promotes the award of contracts to business concerns which meet the definition of Section 3 business concerns. Coordinated with Youthbuiid Programs administered in the metropolitan area in which the Section 3 covered project is located. Other; describe below. Public reporting for this collection of information is estimated to average 2 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. This agency may not collect this information, and you are not required to complete this form, unless it displays a currently valid OMB number. Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u, mandates that the Department ensures that employment and other economic opportunities generated by its housing and community development assistance programs are directed toward low- and very -low income persons, particularly those who are recipients of government assistance housing. The regulations are found at 24 CFR Part 135. The information will be used by the Department to monitor program recipients' compliance with Section 3, to assess the results of the Departments efforts to meet the statutory objectives of Section 3, to prepare reports to Congress, and by recipients as self -monitoring tool. The data is entered into a database and will be analyzed and distributed. The collection of information involves recipients receiving Federal financial assistance for housing and community development programs covered by Section 3. The information will be collected annually to assist HUD in meeting its reporting requirements under Section 808(e)(6) of the Fair Housing Act and Section 916 of the HCDA of 1992. An assurance of confidentiality is not applicable to this form. The Privacy Act of 1974 and OMB Circular A-108 are not applicable. The reporting requirements do not contain sensitive questions. Data is cumulative; personal identifying information is not included. Page 2 of 2 form HUD 60002 (11/2010) Ref 24 CFR 135 Form HUD-60002, Section 3 Summary Report, Economic Opportunities for Low- and Very Low -Income Persons, Instructions: This form is to be used to report annual accomplishments regarding employment and other economic opportunities provided to low- and very low-income persons under Section 3 of the Housing and Urban Development Act of 1968. The Section 3 regulations apply to any public and Indian housing programs that receive: (1) development assistance pursuant to Section 5 of the U.S. Housing Act of 1937; (2) operating assistance pursuant to Section 9 of the U.S. Housing Act of 1937; or (3) modernization grants pursuant to Section 14 of the U.S. Housing Act of 1937 and to recipients of housing and community development assistance in excess of $200,000 expended for: (1) housing rehabilitation (including reduction and abatement of lead -based paint hazards); (2) housing construction; or (3) other public construction projects; and to contracts and subcontracts in excess of $100,000 awarded in connection with the Section-3-covered activity. Form HUD-60002 has three parts, which are to be completed for all programs covered by Section 3. Part I relates to employment and training. The recipient has the option to determine numerical employment/training goals either on the basis of the number of hours worked by new hires (columns B, D, E and F). Part II of the form relates to contracting, and Part III summarizes recipients' efforts to comply with Section 3. Recipients or contractors subject to Section 3 requirements must maintain appropriate documentation to establish that HUD financial assistance for housing and community development programs were directed toward low- and very low-income persons.* A recipient of Section 3 covered assistance shall submit one copy of this report to HUD Headquarters, Office of Fair Housing and Equal Opportunity. Where the program providing assistance requires an annual performance report, this Section 3 report is to be submitted at the same time the program performance report is submitted. Where an annual performance report is not required, this Section 3 report is to be submitted by January 10 and, if the project ends before December 31, within 10 days of project completion. Only Prime Recipients are required to report to HUD. The report must Include accomplishments of all recipients and their Section 3 covered contractors and subcontractors. HUD Field Office: Enter the Field Office name . 1. Recipient: Enter the name and address of the recipient submitting this report. 2. Federal Identification: Enter the number that appears on the award Form (with dashes). The award may be a grant, cooperative agreement or contract. 3. Dollar Amount of Award: Enter the dollar amount, rounded to the nearest dollar, received by the recipient. 4 & 5. Contact Person/Phone: Enter the name and telephone number of the person with knowledge of the award and the recipient's implementation of Section 3. 6. Reporting Period: Indicate the time period (months and year) this report covers. 7. Date Report Submitted: Enter the appropriate date. Submit one (1) copy of this report to the HUD Headquarters Office of Fair Housing and Equal Opportunity, at the same time the performance report is submitted to the program office. The Section 3 report is submitted by January 10. Include only contracts executed during the period specified in item 8. PHAs/IHAs are to report all contracts/subcontracts. The terms "low-income persons" and very low-income persons" have the same meanings given the terms in section 3 (b) (2) of the United States Housing Act of 1937. Low-income persons mean families (including single persons) whose incomes do not exceed 80 percent of the median income for the area, as determined by the Secretary, with adjustments for smaller and larger families, except that Pagel 8 Program Code: Enter the appropriate program code as listed at the bottom of the page. 9. Program Name: Enter the name of HUD Program corresponding with the "Program Code" in number 8. Part l: Employment and Training Opportunities Column A: Contains various job categories. Professionals are defined as people who have special knowledge of an occupation (i.e. supervisors, architects, surveyors, planners, and computer programmers). For construction positions, list each trade and provide data in columns B through F for each trade where persons were employed. The category of "Other" includes occupations such as service workers. Column B: (Mandatory Field) Enter the number of new hires for each category of workers Identified in Column A in connection with this award. New hire refers to a person who is not on the contractor's or recipient's payroll for employment at the time of selection for the Section 3 covered award or at the time of receipt of Section 3 covered assistance. Column C: (Mandatory Field) Enter the number of Section 3 new hires for each category of workers identified in Column A in connection with this award. Section 3 new hire refers to a Section 3 resident who is not on the contractors or recipient's payroll for employment at the time of selection for the Section 3 covered award or at the time of receipt of Section 3 covered assistance. Column D: Enter the percentage of all the staff hours of new hires (Section 3 residents) in connection with this award. Column E: Enter the percentage of the total staff hours worked for Section 3 employees and trainees (including new hires) connected with this award. Include staff hours for part-time and full-time positions. Column F: (Mandatory Field) Enter the number of Section 3 residents that were trained in connection with this award. Part II: Contract Opportunities Block 1: Construction Contracts Item A: Enter the total dollar amount of all contracts awarded on the project/program. Item 8: Enter the total dollar amount of contracts connected with this projecUprogram that were awarded to Section 3 businesses. Item C: Enter the percentage of the total dollar amount of contracts connected with this project/program awarded to Section 3 businesses. Item D: Enter the number of Section 3 businesses receiving awards. Block 2: Non -Construction Contracts Item A: Enter the total dollar amount of all contracts awarded on the project/program. Item B: Enter the total dollar amount of contracts connected with this project awarded to Section 3 businesses. Item C: Enter the percentage of the total dollar amount of contracts connected with this project/program awarded to Section 3 businesses. Item D: Enter the number of Section 3 businesses receiving awards. Part tit: Summary of Efforts — Self -explanatory The Secretary may establish income ceilings higher or lower than 80 percent of the median for the area on the basis of the Secretary's findings such that variations are necessary because of prevailing levels of construction costs or unusually high- or low-income families. Very low -Income persons mean low-income families (including single persons) whose incomes do not exceed 50 percent of the median family income area, as determined by the Secretary with adjustments or smaller and larger families, except that the Secretary may establish income ceilings higher or lower than 50 percent of the median for the area on the basis of the Secretary's findings that such variations are necessary because of unusually high or low family incomes. form HUD 60002 (11/2010) Rof 24 CFR 135 M&C Review Official site of the City of Fort Worth, Texas City Council Agenda FORT WoRTn COUNCIL ACTION: Approved on 8/6/2013 - Ordinance No. 20854-08-2013 CONTINUED FROM A PREVIOUS WEEK DATE: 7/23/2013 REFERENCE NO.: C-26369 LOG NAME: 17HUDACTPLANPYI3-14 CODE: C TYPE: NON -CONSENT PUBLIC YES HEARING: SUBJECT: Conduct Public Hearings and Approve the City's 2013-2018 Consolidated Plan and 2013-2014 Action Plan for the Use of Federal Grant Funds in the Amount of $9,413,143.00 from the United States Department of Housing and Urban Development for Program Year 2013-2014 from the Community Development Block Grant, HOME Investment Partnerships Program, Emergency Solutions Grant and Housing Opportunities for Persons with AIDS Grant Programs, Authorize Collection and Use of Program Income, Authorize Waiver of Application of Indirect Cost Rates, Authorize Execution of Related Contracts and Interdepartmental Letters of Agreement and Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council: 1. Conduct a public hearing to allow citizen input and consideration of the City's 2013-2018 Consolidated Plan; 2. Approve the City's 2013-2018 Consolidated Plan for submission to the United States Department of Housing and Urban Development; 3. Conduct a public hearing to allow citizen input and consideration of the City's 2013-2014 Action Plan for use of federal grant funds from the United States Department of Housing and Urban Development in the amount of $9,413,143.00 for Program Year 2013-2014 from the Community Development Block Grant, HOME Investment Partnerships Program, Emergency Solutions Grant and Housing Opportunities for Persons with AIDS grant programs and for the use of program income from activities using prior years' federal grant funds; 4. Approve the City's 2013-2014 Action Plan for submission to the United States Department of Housing and Urban Development including allocations of grant funds to particular programs and activities as detailed below; 5. Authorize the collection and use of an estimated amount of $50,000 00 of program income resulting from activities using prior years' Community Development Block Grant funds for the programs and activities detailed below; 6. Authorize the collection and use of an estimated amount of $250,000.00 of program income resulting from activities using prior years' HOME Investment Partnerships Program funds for the City's Homebuyer Assistance Program; 7. Authorize the City Manager or his designee to execute contracts and Interdepartmental Letters of Agreement for a one year term with the agencies listed below in Tables 1, 2 and 3 for Program Year 2013-2014 for Community Development Block Grant, Emergency Solutions Grant and Housing Opportunities for Persons with AIDS grant funds, contingent upon receipt of funding; 8. Authorize the City Manager or his designee to extend the contracts and Interdepartmental Letters of Agreement for up to one year if an agency or department requests an extension and such extension is necessary for completion of the program; 9. Authorize the City Manager or his designee to amend the contracts and Interdepartmental Letters of Agreement if necessary to achieve program goals, provided any amendment is within the scope of the program and in compliance with City policies and all applicable laws and regulations governing the use of federal grant funds; 10. Authorize a waiver for indirect cost rates as applicable for the Grants Fund, in accordance with the City's Administrative Regulations; and http://apps.cfwnetorg/council_packet/mc_review.asp?ID=18629&counciidate=8/6/2013 (1 of 6) [11/18/2013 11:54:46 AM] M&C Review 11. Adopt the attached appropriation ordinance increasing the estimated receipts and appropriations to the Grants Fund in the total amount of $9,413,143.00 (the amount of $6,079,622 00 in Community Development Block Grant funds, the amount of $1,996,541.00 in HOME Investment Partnerships Program funds, the amount of $425,325.00 in Emergency Solutions Grant funds and the amount of $911,655.00 in Housing Opportunities for Persons with AIDS Grant funds) plus any program income, all subject to receipt of such funds. DISCUSSION: The City receives an annual allocation of federal grant funds from the United States Department of Housing and Urban Development (HUD) for the Community Development Block Grant (CDBG) HOME Investment Partnerships Program (HOME), Emergency Solutions Grant (ESG) and Housing Opportunities for People with AIDS (HOPWA) grant programs. In order to continue to receive these funds, the City must submit a Consolidated Plan (ConPlan) every three to five years and an Annual Action Plan. The 2013-2018 ConPlan summarizes housing and community development needs, particularly those of low-income persons or households and provides the goals objectives and strategies to address HUD s goals for decent housing, suitable living environment and expanded economic opportunities. The ConPlan will cover the period from October 1, 2013 to September 30, 2018. The ConPlan consists of two parts: (i) the five year Strategic Plan (October 1, 2013 to September 30, 2018) and (ii) the Annual Action Plan, which includes housing and community development activities and proposed expenditures for the upcoming Program Year The plan for the first year of the ConPlan is listed below. The City's Annual Action Plan is a comprehensive summary of the major housing and community development activities, programs and proposed expenditures for the use of $9,413,143.00 of federal grant funds from HUD from CDBG, HOME ESG and HOPWA grant programs for the Program Year beginning October 1 2013 and ending September 30, 2014 This year's Action Plan also summarizes the use of program income resulting from activities using prior years CDBG and HOME funds. The purpose of these grant funds is to primarily benefit low and moderate income City residents, with ESG funds primarily benefiting homeless persons and HOPWA funds primarily benefiting persons with HIV/AIDS. A notice was published in the Fort Worth Star -Telegram on June 21, 2013 regarding the 30-day public comment period for the City's proposed ConPlan and Annual Action Plan. The public comment period was held from June 23, 2013 to July 23, 2013 Any comments will be maintained by the Housing and Economic Development Department, in accordance with federal regulations. These public hearings on the City's ConPlan and Action Plan will be the first public hearings for the HUD -required citizen participation process The second public hearings will be held August 6, 2013 at which time the City Council is scheduled to approve the ConPlan and the Action Plan. The ConPlan and Action Plan must be submitted to HUD by August 16 2013 In addition, public hearings were held on June 20, 2013 at 10:00 aim and 6:00 p.m. for citizens to provide comment on the proposed list of neighborhood streets eligible for reconstruction using CDBG funds. The Transportation and Public Works Department prepared a list of priority streets in CDBG-eligible areas. The streets selected for reconstruction were based on the comments provided at the public hearings A list of the streets is attached and will be included in the Action Plan. Staff developed recommendations for the allocation of the estimated funding from HUD and presented them to the Community Development Council (CDC) on May 22, 2013 and to the Housing and Economic Development Committee on June 4, 2013. A summary of the CDC's funding recommendations is provided below in Tables 1, 2 and 3 and a spreadsheet of all specific funding recommendations is attached For Program Year 2013-2014, it is recommended that the amount of $6,079,622.00 in CDBG funds and the estimated amount of $50,000.00 of CDBG program income be allocated as follows: Public Services - $911,943.00 This item includes social services for low to moderate income, disabled and disadvantaged populations. Housing Programs and Services - $2,1491193.50 This item includes funding for the City's Priority Repair Program, Cowtown Brush -Up, homebuyer and housing services and accessibility modifications to the homes of senior and/or disabled individuals and related project delivery costs for these programs. http•//apps.cfwnet.org/council_packet/mc_review.asp?ID=18629&counciidate=8/6/2013 (2 of 6) [11/18/2013 11:54:46 AM] M&C Review Demolition and Infrastructure Services - $1,066,211.30 This item includes funding for neighborhood streets reconstruction and demolition of residential structures to eliminate slum and blight in City neighborhoods. CDBG Economic Development - $736,349.80 This item is the City's annual payment on its Section 108 loan from HUD. CDBG Estimated Program Income - $50,000.00 The CDC recommended allocating any CDBG program income for the demolition of residential structures to eliminate slum and blight in City neighborhoods. CDBG General Administration - $1,215,924.40 This item includes costs for administering the CDBG grant including allocations for Financial Management Services, Internal Audit and Planning and Development Departments. For Program Year 2013-2014 it is recommended that the amount of $1,996,541.00 in HOME funds and the estimated amount of $250,000.00 of HOME program income to be allocated as follows: Homebuyer Assistance Program - $1,097,405.75 This item includes funding to provide down payment and/or closing cost assistance to low and moderate income homebuyers Community Development Housing Organizations (CHDO) Set Aside - $299,481.15 HUD requires that a minimum of 15 percent of HOME funds be allocated to CHDOs for affordable housing projects and CHDO administrative operating costs. These funds will be used for the Hillside Morningside Single Family Infill Project by the Tarrant County Housing Partnership CHDO. Multi -family Development - $400,000.00 Funding will be used for the Angle Apartments Development (Development). The Development will result in approximately 306 units and 680 on -site parking spaces. This Development will address a need for quality affordable housing by providing 100 percent income restricted units to Fort Worth families at or below 80 percent of Area Median Income. The approximate address will be 3900 Angle Avenue, Fort Worth, Texas 76106, Council District 2. HOME General Administration - $199,654.10 This item includes costs for administering the HOME grant. Staff anticipates the receipt of program income in the 2013-2014 Program Year from activities using HOME funds. Any future program income will be used for the City's Homebuyer Assistance Program (HAP) after the 10 percent allocation, excluding recapture, for HOME General Administration. For Program Year 2013-2014, it is recommended that the amount of $911,655.00 in HOPWA funds be allocated as follows: Non -Profit Service Providers - $884,305.35 HOPWA Program Administration - $27,349.65 For Program Year 2013-2014, it is recommended that the amount of $425,325.00 in ESG funds be allocated as follows: Non -Profit Service Providers - $393,425.62 ESG Program Administration - $31,899.38 The CDC and Staff recommend that contracts be executed with the agencies listed below in the amounts shown in the following tables: Community Development Block Grant: http://apps.cfwnet.org/council_packet/mc_review.asp?ID=18629&councildate=8/6/2013 (3 of 6) [11/18/2013 11:54:46 AM] M&C Review Table 1 - CDBG Agencies Organization Cenikor Foundation Childcare Associates Clayton Child Care Inc. d/b/a Clayton YES! Day Resource Center for the Homeless Girls Inc. of Tarrant County Lena Pope Home, Inc. Program Substance Abuse Treatment Amount $ 82,075.00 Meals on Wheels, Inc. of Tarrant County Senior Citizens of Greater Tarrant County Tarrant County Housing Partnership The Ladder Alliance The Salvation Army, a Georgia Corporation YMCA of Metropolitan of Fort Worth YWCA Fort Worth & Tarrant County CDBG Public Service Subtotal *REACH Resource Center on Independent Living TOTAL CDBG Contracts Childcare Associates Out of School Time Counseling/Shelter Based Case Management Girls Inc. Northside Fort Worth Second Opportunity for Success Home -Delivered Meals Connecting Seniors to Community Housing Counseling and Education Computer Skills Training S.T.A.R.T Early Childhood Education Child Development Program Project Ramp *REACH will be funded from the CDBG Housing Programs budget. Housing Opportunities For Persons With AIDS• Table 2 - HOPWA Agencies Organization Tarrant County Samaritan Housing, Inc. Program Administration (three percent) and Supportive Services $ 35,335.00 $ 82,326.00 $ 43,908.00 $ 82,075.00 $ 82,326.00 $ 82,326.00 $ 81,824.00 $ 124,935.00 $ 100,235 00 $ 43,908.00 $ 35,335.00 $ 35,335.00 $911,943.00 $ 75,000.00 $ 986,943.00 Amount $ 261,611.35 http://apps.cfwnet.org/council_packet/mc_review.asp?ID=18629&councildate=8/6/2013 (4 of 6) [11/18/2013 11:54:46 AM] M&C Review AIDS Outreach Center, Inc. TOTAL HOPWA Contracts Administration (three percent), Supportive Services, Tenant Based Rental Assistance (TBRA), and Short Term Rent Mortgage and Utility Assistance (STRMU) Emergency Solutions Grant: Table 3 - ESG Agencies Organization SafeHaven of Tarrant County Shelter Services Presbyterian Night Shelter Shelter Services Shelter Services Day Resource Center for the Homeless The Salvation Army, a Georgia Corporation CFW Parks and Community Services Catholic Charities of Fort Worth TOTAL ESG Contracts Program $ 622.694.00 $ 884,305.35 Amount $ 85,065.00 $ 85,065.00 Homelessness Prevention/Rapid Re -Housing Homelessness Prevention/Rapid Re -Housing Homelessness Prevention/Rapid Re -Housing These programs are available in ALL COUNCIL DISTRICTS. $ 85,065.00 $ 43,136.00 $ 63,015.62 $ 32,079.00 $ 393,425.62 FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations, adoption of the attached appropriation ordinance and receipt of grant funds funds will be available in the current operating budget, as appropriated, of the Grants Fund. TO Fund/Account/Centers GR76 451727 017206650XXX GR76 5XXXXX 017206650XXX GR76 451727 017206653XXX GR76 5XXXXX 017206653XXX GR76 451727 017206654XXX GR76 5XXXXX 017206654XXX GR76 451685 017206650XXX GR76 5XXXXX 017206650XXX GR76 451685 0172060651XXX GR76 5X0XXX 017206651XXX GR76 451727 017206651XXX GR76 5XXXXX 017206651XXX $6.079.622.00 $6,079,622.00 $425,325.00 $425,325.00 $9111655.00 $911.655.00 $50.000.00 $50.000.00 $2501000.00 $250.000.00 $1.9961541.00 $1,996,541.00 FROM Fund/Account/Centers http://apps.cfwnet.org/council_packet/mc_review.asp?ID=18629&councildate=8/6/2013 (5 of 6) [11/18/2013 11:54:46 AM] M&C Review Submitted for City Manager's Office bv: Fernando Costa (6122) Originating Department Head: Cynthia Garcia (8187) Additional Information Contact: ATTACHMENTS 17HUDACTPLANPYI3-14 A013 VG(1).doc 2013-18ConPlanMemo HED6.4.13CG.odf ActionPlan 2013-14 funding recommendations.odf List of Selected Street for Action Plan 2013.pdf Robert Sturns (8003) Leticia Rodriguez (7319) http://apps.cfwnet.org/council_packet/mc_review.asp?ID=18629&councildate=8/6/2013 (6 of 6) [11/18/2013 11:54:46 AM]