HomeMy WebLinkAboutContract 44912 (2)STATE OF TEXAS
COUNTY OF TARRANT
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This contract ("Conh�act") is made and entered int
Fort Woi�th (hereafter "City") and Catholic Charities of Fort
a Texas nonprofit corporation. City and Agency may be
"Party" and jointly as "the Pai�ties".
The Parties state as follows:
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o by and between the City of
Worth (hereafter "Agency"),
referred to individually as a
WHEREAS, City receives gratrt monies fi�om the United States Department of
Housing and Urban Development ("HUD") through Emetgency Solutions Grant Program
("ESG"), Program No. 5-13-MC-48-0006, Catalog of Federal Domestic Assistance No.
14.231;
WHEREAS, the ESG program is intended to provide hoineless persons or persons
at risk of becoining homeless with financial assistance, basic shelter, essential suppoi�tive
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 seivices to low and
moderate incoine 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 RECIT
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 AMI means the median family incoine 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 Iucome Limits.
Business Diversity Enterprise Oi•dinance or BDE tneans the City's Business Diversity
Ordinance, Ordinance No. 20020-12-2011. ��"�
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ESG PSA CONTRACT 2013-2014 - CATHOLIC CHARITIES OF FORT WORTH
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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 checics, bank statements, or wire
transfers necessary to demonstt•ate that amounts due by Agency
were actually paid by Agency.
o Proof of client eligibility: (i) Source Documentation sufficient to
show that clients pai-ticipating 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.
o Any other document or record reasonably necessary to verify costs spent
and client eligibility for the Program.
DSE means disadvantaged business enterprise.
Director means the Director of the City's Housing and Economic Development
Department.
Effective Date means October 1, 2013.
E5G means Emergency Solutions Grant.
ESG Eligible Client means an individual or household that ineets the definition of
"homeless" or "at risk of homelessness" as defined in the HEARTH Act.
ESG Funds means the ESG grairt funds supplied by City to Agency under the terms of
this Contract.
ESG Regulations means regulations found at 24 CFR Part 576 et seq.
HEARTH Act means the Homeless Emergency Assistance and Rapid Transition to
Housing Act of 2009, 42 U.S.C. 11302 et seq.
ESG PSA CONTRACT 2013-2014 - CATHOLIC CHARITIES OF FORT WORTH 2
HED Department means the City's Housing and Economic Development Department.
HUD means the United States Department of Housing and Urban Developinent.
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 docuinentation 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.
00/100 Dollais ($32,079.00) of ESG Funds on a reimbursement of expenses basis,
the terms and conditions herein.
4.1
ESG Funds.
under
4.2 Monitor.
City will monitor the activities and performance of Agency and any of its
contractors, subcontractors or vendois as necessary, but no less than annually.
5. DUTIES AND RESPONSIBILITIES OF AGENCY.
51 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 Re�ulations and Contract.
Agency shali be reimbursed for eligible Program costs with ESG Funds only if
City determines in its sole discretion that:
ESG PSA CONTRACT 2013-2014 - CATHOLIC CHARITIES OF FORT WORTH 3
5.2.1.1 Costs are eligible expenditures in accordance with ESG
Regulations.
5.2.1.2 Costs are in compliance with this Conh�act and are reasonable
and consistent with industry norms.
5.2.1.3 Complete Documentation is submitted to City by Agency.
5.2.2 Budget•
Agency agrees that ESG Funds will be paid on a reimbursement basis in
accordance with Exhibit "B" - Budget. During the term of this Contract, Agency inay
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
amendinent (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 Pro�ram Bud�et.
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.
5.23.2 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 Paymeut of ESG Funds to A�ency.
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 fimds 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 $0. 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 - CATHOLIC CHARITIES OF FORT WORTH 4
5.3 Pro�ram Pei•formance Milestones.
Agency wan•ants that the Program will achieve the following milestones:
Failure of Agency to meet these milestones or a material deviation fi•om them as
outlined in this Section 5.3 is a breach of this Contract. For the purpose of this Section,
"material deviation" shall mean inore than 10% lower than the specifed goal. In the
event of such breach, City reserves the right at its sole option to delay or withhold
payinent of Reimburseinent Requests, to lower Agency's allocation of ESG Funds, or to
terminate this Contract.
5.4 Identifv Pro�i-am Expenses Paid with ESG Funds.
Agency will Iceep 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 for 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 $5lhour of time; and (iii) the
value or fair rental value of any donated materials or space. The Inonetary 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 foim 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"- Match Report, plus
documentation of any match expenditures first reported in that month's Reimbuisement
Request.
5.5.3 Records regarding match fiznds 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 inatch
expenditures are substantially the same as ESG Funds reimbursed to date.
ESG PSA CONTRACT 2013-2014 - CATHOLIC CHARITIES OF FORT WORTH 5
6. CLIENT ELIGIBILITY VERIFICATION.
6.1 Client Eli�ibilitv.
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
form attached hereto as Exhibit "I" — Staff ESG Certi�cation 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 A�encies Receivin� ESG Funds.
61.1.1 Coordination of Services. Agency must participate in the
local Continuum of Care and enter data in the local Homeless
Management Information Systeln ("HMIS").
6.1.1.2 Homelessness Status. Agency must verify that all new
clients meet the defnition of homeless or at risk of
homelessness in the HEARTH Act, as amended fi�om time to
time. Acceptable forins of verification include:
i. For emergency persons (sheltej• services for homeless
including childcare for homeless clients):
A signed, dated statement fi�om the clieirt stating that the
client is homeless, or that the clierrt is homeless by virtue of
fleeing domestic violence.
ii. For homelessness prevention- financial assistance
services:
l. Documentation that the individual or family has an
annual income at or below 30% of AMI,
2. Evidence documenting that the client does not have
sufficient resources or support networks
irnmediately available to prevent them from moving
to an emergency shelter or another place defined in
Category 1 of the "homeless" definition under the
HEARTH Act,
3. Documentation of client's reasonable prospects of
resuinirig payment of rent or utilities, as applicable,
within a reasonable time, and
4. Documentation supporting the type and amount of
assistance provided, including, but not limited to,
invoices, past due notices, and/or executed leases,
as applicable, and proof of payment by Agency.
ESG PSA CONTRACT 2013-2014 - CATHOLIC CHARITIES OF FORT WORTH 6
iii.
iv.
For rapid re-housing services- financial assistance:
1
2
3
4.
receiving assistance
housing/homelessness
funding sources, and
Documentation that the individual or family meets
the homeless definition in the HEARTH Act,
Documentation of rent reasonableness,
Documentation of client's reasonable prospects of
resuming payment of rent and/or utilities, as
applicable, within a reasonable time,
Evidence documenting that the client is not
froin other rapid re-
prevention agencies or
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.
For housing relocation and stabilization services:
1
2.
Documentation that services are provided for
eligible homeless and at rislc of homelessness
clients as defined in the HEARTH Act, and
Docuinentation 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 outcoines in
accordance with the City's performance standards as described in Exhibit "G" - ESG
Performance Standards. Data rnaintained in the HMIS or a comparable database is
preferred.
6.2 Submission of Comnlete 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 fiist tilne, and must maintain copies of such
documentation as required under this Contract.
7. Additional ESG Requirements.
Agency agrees to comply with ail requirements of the ESG Program as stated in
the ESG Regulations, including but not limited to the following:
ESG PSA CONTRACT 2013-2014 - CATHOLIC CHARITIES OF FORT WORTH 7
7.1 Environmental Review.
ESG Funds will not be paid, and costs cannot be incurred until City has conducted
and completed an environmental review as required by 24 CFR Pai�t 58. The
environmental review may result in a decision to proceed with, modify, or cancel the
funding for the Program. Further, Agency will not undei-talce or commit any funds to
physical or choice liiniting actions as described in any applicable Federal regulations.
Any violation of this provision will (i) cause this Contract to terininate 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 Miti�ation.
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 Inay occur only upon (i) satisfactoiy completion of
environmental review and receipt by City of an authorization to use grant funds from
HUD under 24 CFR Part 58, (ii) approval of City's 2013-2014 Action Plan, and (iii)
receipt by City of grant agreement fi�om HUD.
7.3 Monitorin�.
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 during the
term of this Contract and for 5 years after the Contract terin ends. Agency will provide
reports and access to Prograin files as requested by City for during this 5 year period. For
purposes of this Contract, this 5 year period for monitoring is deemed to begin on
October 1, 201�- and end on Septeinber 30, 2019 regardless of whether or not this
Contract is eat•lier terminated.
7.3.2 Representatives of City, H[JD, 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, contractors, subcontractors and vendors for the purpose of
such monitoring.
7.3.3 In addition to other provisions of this Conn•act regarding fi•equency of
monitoring, City reserves the right to perform deslc 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 - CATHOLIC CHARITIES OF FORT WORTH 8
Failure by Agency to take the action specified in the monitoring report may be cause for
suspension or termination of this Contract as provided herein.
7.3.4 Agency agrees to likewise monitor the effectiveness of the services and
work to be performed by its contractors, subcontractors and vendors.
7.3.5 This Section 7.3 shall survive the earlier termination or expiration of this
Contract.
7.4 A�ency 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 inaterials and services are obtained in a cost
effective maimer. When procuring seivices 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 i•endered shall be determined in
accordance with OMB Circular A-122 as supplemented by the provisions of this
Contract.
7.6 Accountin� Standards.
Agency agrees to comply with OMB Circular A-110, "Uniform Administrative
Requirements for Grants and Agreements with Institutions of Higher Education,
Hospitals and other Non-Profit Organizations", and agrees to adhere to the accounting
principles and procedures requued therein, utilize adequate internal conhols, 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 worlc 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
perfot•mance of its obligations hereunder including its obligations regarding the ESG
Regulations. Agency shall monitor the services and work performed by its contractors,
subcontractors and vendors 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 inaintains the right to insist
ESG PSA CONTRACT 2013-2014 - CATHOLIC CHARITIES OF FORT WORTH 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 talcen by Agency or by Agency's contractors,
subcontractors or vendors. Agency acicnowledges that the provisions of this Section shall
suivive the earlier termination or expiration of this Contract.
7.9 Copvri�ht 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 a11 rights to invention or discovery, as well as rights in data,
which inay arise as a result of Agency's performance under this Contract.
8. RECORD KEEPING; REPORTING AND DOCUMENTATION
REQUIREMENTS; AUDIT.
8.1 Record Keepin�.
Agency shall maintain a record-lceeping systein 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 bacic-up documentation.
Agency will maintain all records and documentation related to this Contract for 5 years
after the Contract terin 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 liave been resolved. For puiposes 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 year•s after the
Contract terin ends. Such access shall be during regular business hours and upon at least
48 hours prior notice. For purposes of this Conti�act, 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 forin as City may prescribe. Agency may also be required to submit a
�inal perforinance 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 eveut of default
of this Contract and City inay exercise all of its remedies for default under this Contract.
ESG PSA CONTRACT 2013-2014 - CATHOLIC CHARITIES OF FORT WORTH 1 O
8.4 Chan�e in Reportin� Requirements and Forms.
City retains the right to change reporting requireinents and forins at its discrerion.
City will notify Agency in writing at least 15 days prior to the effective date of such
change, and the Pai�ties 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 annual audit
prepared in accordance with specific reference to OMB Circular A-133. The audit shall
cover the Agency's fiscal years during which this Contract is in force. The audit must be
prepared by an independent certified public accountant, be completed within 6 months
following the end of the period being audited and be subinitted 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 inust
be submitted to City prior to or with the fiist Reimbursement Request. Entities that
expend less than $500,000 a year in Federal funds are exempt fi�om Federal audit
requireinents for that year, 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 Reserves the Ri�ht to Audit.
City reseives 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 terminated. 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 THAT AGENCY HAS FALSIFIED ANY
DOCUMENTATION OR MISUSED, MISAPPLIED OR MISAPPROPRIATED
ESG FUNDS OR SPENT ESG FUNDS ON ANY INELIGIBLE ACTIVITIES,
AGENCY AGREES TO REIMBURSE CITY THE AMOUNT OF SUCH MONIES
PLUS THE AMOUNT OF ANY SANCTIONS, PENALTY OR OTHER CHARGE
LEVIED AGAINST CITY BY HUD BECAUSE OF SUCH ACTIONS.
9. REIMBURSEMENT REQUIREMENTS.
9.1 Deadline for Submittin� 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, tlie
Reimbuisement Request for June expenses must be received by July 15. In the event the
ESG PSA CONTRACT 2013-2014 - CATHOLIC CHARITIES OF FORT WORTH 11
15t1' falls on a weelcend or City holiday, Reimburseinent 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 aud 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 reiinburseinent each month, the
cumulative reimbursement requested to date (iuclusive of that month's request), and Inust
be signed by an authorized signatory of Agency. By signing Attachment I, Agency is
certifyiiig that the costs are valid, eligible, consistent with the terins 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 Worksheet.
This report shall itemize each expense requested for reimbursement by Agency
and shall include the Account corresponding the expense to a Budget line item in
Attachment II. In order for this report to be complete the following must be submitted:
9.2.2.1 For payroll expenses, timesheets signed by einployees and
approved by supervisor for all payroll expenses listed.
Timesheets must distinguish between ESG-funded time and
non-ESG funded
funded activities.
titne and reflect actual time spent on ESG-
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
Prograin.
9.2.2.3 Proof that each expense was paid by Agency, which proof can
be satisfied by cancelled checks, wire transfer docutnentation,
paid receipts or other appropriate banlcing documentation.
9.2.3 Attachment III — Client Data Report.
This report shall list each Unduplicated Client seived 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 - CATHOLIC CHARITIES OF FORT WORTH 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 liereto 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 docuinent actual expenditure of match funds, as further described
in Section 5.5
9.2.5 HMIS Report.
Agency shall submit an HMIS report at least quarterly to document Agency's
participation in the local Continuum of Care's HMIS.
93 Withholdin� Pavment.
CITY HAS NO OBLIGATION TO MAKE PAYMENT ON ANY
REIMBURSEMENT REQUEST THAT IS NOT RECEIVED BY THE DUE DATE.
Failure to timely submit Reimbursement Requests and Complete Documentation
along with any required reports shall be an event of default.
10. DEFAULT AND TERMINATION.
10.1 Failure to Submit Repuired Documentation
10.1.1 If Agency fails to submit a Reimbursement Request, or if the
submitted Reimbursement Request is incomplete or otherwise not in compliance with this
Contract or ESG Regulations as determined by City in its sole discretion, Agency shall be
in default of this Contract. City will notify Agency in writing of such default and the
Agency will have 10 calendar days from the date of the written notice to submit or
resubmit any such Reimbursement Request to cure the default. If Agency fails to 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 DETERIVIINED BY CITY IN ITS SOLE DISCRETION,
THERE WILL BE NO CURE PERIOD AND ANY REIMBURSEMENT WILL BE
AUTOMATICALLY FORFEITED.
ESG PSA CONTRACT 2013-2014 - CATHOLIC CHARITIES OF FORT WORTH 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 ot• uncured, under such Section, City reseives the right
at its sole option to terminate this Contract effective immediately upon written notice of
such intent with no penalty or liability to City.
10.1.4 Notwithstanding anything to the contrary herein, City will not be
required to pay any ESG Funds to Agency during the period that any Reimbursement
Request, report or documentation is past due or is not in compliance with this Contract or
the ESG Regulations, or during any period during which Agency is in default of this
Contract.
10.1.5 In the event of termination under this Section 10.1, all ESG Funds
awarded but unpaid to Agency pursuant to this Contract shall be immediately forfeited
and Agency shall have no further right to such funds.
10.2 Failure to Maintain Records or Submit Reports and
Documentation.
If Agency fails to maintain all records and documentation as required in Section
8, or if the rnaintained 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 inissing records and documentation or submit or
resubmit any such report or docuinentation to City. If Agency fails to maintain the
required reports or 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 fui-ther right to such funds, and any ESG Funds paid to Agency
inust 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 Parties mutually and in good faith, City shall have the
right to elect in City's sole discretion to (i) extend Agency's time to cure, (ii) terminate
this Contract effective iminediately upon written notice of such intent to Agency, or (iii)
pursue any other legal remedies a�ailable to City.
ESG PSA CONTRACT 2013-2014 - CATHOLIC CHARITIES OF FORT WORTH 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, aud any ESG Funds ah�eady paid to
Agency must be repaid to City within 30 days of the termination. If such ESG fiznds 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 Breach.
Agency understands and agrees that no ESG Funds will be paid to Agency until
all defaults are cured to City's satisfaction.
10.5 No Compensation After Date of Termination.
Agency shall not receive any compensation for work undertaken after the date of
the termination.
10.6 Rights of Citv Not Affected.
Termination shall not affect or terminate any of the existulg rights of City against
Agency, or which may thereafter accrue because of Agency's default. Such terinination
does not terminate any provisions of this Contract that have been expressly noted as
surviving the term or termination of the Contract.
10.7 Waiver of Breach Not Waiver of Subsequent 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 term, covenant or condition hereof.
10.8 Civil, Criminal and Administrative Penalties.
Failure to perform all the Contract terms may result in civil, criminal or
administrative penalties, including, but not limited to those set out in this Contract.
10.9 Termination for Cause.
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 cure periods. In the event City
terminates this Conh�act for cause, all ESG Funds awarded but unpaid to Agency pursuant
to this Contract shall be iminediately rescinded and Agency shall have no further right to
such funds and any ESG Funds ah�eady 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 TERIVIINATES THIS
CONTRACT FOR CAUSE, AGENCY OR ANY AFFILIATES OF AGENCY
SHALL NOT 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 - CATHOLIC CHARITIES OF FORT WORTH 15
10.10 Termination for Couvenience.
In terminating in accordance with 24 C.F.R. 85.44 this Contract may be
terminated in whole or in part only as follows:
10.10.1 By City with the consent of Agency in which case the Parties shall
agree upon the termination conditions, including the effective date and in the case of
partial termination, the portion to be terminated; or
10.10.2 By the Agency upon written notification to City, setting forth the
reasons for such termination, the effective date, and in the case of partial 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 A�ency Terminates Contract.
In the event Agency is dissoived or ceases to exist, this Cont�act 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 fi•om 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 or 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 Ageucy 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 talces any action that results in City receiving a finding from HUD about the
Program, whether or not repayment of all or any portion of the ESG Funds is
required 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
HUD being required or receiving a finding from I�LJD are uncertain and would be
difficult to ascertain and may include an impact on City's ESG grant or other Federai
grant 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.
ESG PSA CONTRACT 2013-2014 - CATHOLIC CHARITIES OF FORT WORTH 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 malce such determination after
receipt of notice from Agency and failure to inake 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 repaid to City within 30 calendar days of termination.
13. SURVIVAL.
Any provision of this Cont�•act 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 A�encv 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, seivants, employees, contractors,
subcontractors, vendors, clients, licensees or invitees.
14.2 Doctrine of Respondeat 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 joint enterprise between City and Agency. City does not have the legal
right to control the details of the tasks performed hereunder by Agency, its officers,
members, agents, employees, contractors, subcontractors, vendors, clients, licensees or
invitees.
14.3 A�encv 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
dainaged and AGENCY HEREBY INDEMNIFIES AND HOLDS HARMLESS
CITY AND ITS OFFICERS, AGENTS, AND EMPLOYEES FROM ANY AND
ESG PSA CONTRACT 2013-2014 - CATHOLIC CHARITIES OF FORT WORTH 17
ALL CLAIMS OR SUITS PERTAINING TO OR CONNECTED WITH SUCH
PROPERTY.
14.5 Reli�ious Or�anization.
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 inembership criteria for clients of an
ESG-funded seivice.
14.6 Venue.
Venue for any action, whether real or asserted, at law or in equity, arising out of
the execution, perforinance, attempted performance or non-performance of this Contract,
shall lie in Tarrant County, Texas.
14.7 Governin� 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-perforinance of this Conh•act 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 Severability.
The provisions of this Contract are severable, and, if for any reason a clause,
sentence, paragraph or other part of this Contract shall be deterinined 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 A�reement Entire Contract.
This written instrument and the Exhibits, Attachments, and Addendums attached
hereto, which are incorporated by reference and made a part of this Conh�act for all
purposes, constitute the entire agreement by the Parties hereto conceining the worlc and
services to be performed under this � Contract. Any prior or contemporaneous oral or
written agreement, which puiports to vary the terms of this Contract, shall be void. Any
ainendments to the terms of this Contract must be in writing and must be executed by
each Party to this Contract.
14.10 Para�raph Headin�s for Reference Only, No Le�al 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
inasculine gender shall be deeined to include the feminine or neuter and the neuter gender
to include the masculine and feminine. The words "include" and "including" whenever
used herein shall be deemed to be followed by the words "without limitation".
ESG PSA CONTRACT 2013-2014 - CATHOLIC CHARITIES OF FORT WORTH 18
14.11 Compliance With All Applicable Laws and Re�ulations.
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
meaningful access by person of limited English proficiency
➢ The Fair Housing Act, Title VIII of the Civil Rights Act of 1968
Sections 3601 et seq.)
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to ensure
(42 U.S.C.
Executive Orders 11063, 11246 as amended by 11375 and 12086 and as
supplemented by Department of Labor regulations 41 CFR, Part 60
The Age Discrimination in Employment Act of 1967
The Age Discrimination Act of 1975 (42 U.S.C. Sections 6101 et seq.)
The Uniform Relocation Assistance and Real Property Acquisition Policies
Act of 1970 (42 U.S.C. Sections 4601 et seq. and 49 CFR Part 24) ("URA")
Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. Sections 794 et seq.)
and 24 CFR Part 8 where applicable
National Environmental Policy Act of 1969, as amended, 42 U.S.C. sections
4321 ei seq. ("NEPA") and the related authorities listed in 24 CFR Part 58.
The Clean Air Act, as amended, (42 U.S.C. Sections 1251 et seq.) and the
Clean Water Act of 1977, as amended (33 U.S.C. Sections 1251 et seq.) and
the related Executive Order 11738. In no event shall any ainount 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 etseq.)
specifically including the provisions requiring employer verifications of legal
status of its einployees
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 Standai�ds, 24 CFR Part
40, Appendix A
Regulations at 24 CFR Part 87 related to lobbying, including the requirement
that certifications and disclosures be obtained froin all covered persons
Drug Free Workplace Act of 1988 (41 U.S.C. Sections 701 et seq.) and 24
CFR Pai�t 23, Subpat-t F
Executive Order 12549 and 24 CFR Part 5.105(c) pei�taining to restrictions on
pai-ticipation by ineligible, debarred or suspended persons or entities
Section 6002 of the Solid Waste Disposai Act, as amended by the Resource
Conservation and Recovery Act
Guidelines of the Enviromnental Protection Agency at 40 CFR Part 247
For conh�acts and subgrants for construction or repair, Copeland "Anti-
Kickback" act (18 L1.S.C. 874) as supplemented in 29 CFR Part 5
ESG PSA CONTRACT 2013-2014 - CATHOLIC CHARITIES OF FORT WORTH 19
➢ For construction contracts awarded by Agency in excess of $2,000, and in
excess of $2,500 for other cont�acts which involve the em�loyment 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 Poisotling 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 iinplementing regulations at 24 CFR Part 35,
subparts A, B, M, and R
➢ Uniform Administration Requirements of 24 CFR Pai�t 85
14.11 HUD-Assisted Projects and Emplovment and other Economic
Opportunities; Section 3 Requirements.
14.11.1 Requirement that Law Be Quoted in Covered Contracts. — Certain
Requirements Pertaining to Section 3 of the Housing and Urban
Develonment Act of 1968 as Amended (12 U.S.C. Sections 1701 et
seq.) and its Related Re�ulations at 24 CFR Part 135.
If the Program results in the creation of ne��� 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 fi•om HUD, Section 3 of 24 CFR
13538 ("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 ia�ork to be perfoT•med under this cont�•act is subject to the
f�equirements of Section 3 of Housing and Uf°ban Development Act of
1968, as arnended, 12 U. S. C. section 1701 zr (Section 3). The pzn�ose of
Section 3 is to ensuf•e that employfTaent af�d other economic opportZ�nities
gene�°ated by I�UD assisted or HUD-assisted p��ogr•ar��s cove��ed by
Section 3, shall to the g�•eatest extent feasible, be dit•ected to low- and
very-low irrcor��e pei�sorrs, pat•ticttlaf�ly pe��so»s tivho af�e recipie»ts of HUD
assistaT�ce fo�• hozrsing.
B. The paf°ties to thzs cof�tt•act ag�•ee to coinply �vith HUD's
f�egarlatiof�s in 24 CFR Pat•t 135, which in7plei��ent Sectron 3. As eviderrced
by their execution of this contr�act, the pa�°ties to this conti�act cert� that
they a�°e undef� no contractual oi• other impedime�t tFrat ��ould preverrt
tl�ena from cornplyirtg ivith the Part 135 regulations.
C. The co��tractor agj�ees to se�d to each labo�� organization or�
�°epresentative of tivorket�s ia�ith which it has a colleciive bargai�ing
ag�^eenze�t o�• other• Zrnderstanding, if an}; a notice advisi»g the Zabo��
orgrn�izatio�� or• workers' t°epf°esentatives of the cont��acior°'s com�nit»zents
ztndef• this Section 3 clause a»d will post copies of the f�otice in
conspicuoa�s places at the 1��oi�k srte wher•e both employees and applicanis
ESG PSA CONTRACT 2013-2014 - CATHOLIC CHARITIES OF FORT WORTH 20
fo�• t��aining and et��ployf��ent positions can see the notice. The f�otice shall
describe the Section 3 p�^eference, shall set for°t1� n�inim�n� nam�bef• and job
titles subject to hif-e, availability of appt°ef�tice and traini�g positions, the
qualificaiions fo�� each; af�c� the name af�c� location of the per�son(s) taki»g
applications for each of the positions; and the anticipatec� date the work
shall begin.
D. The co��tractor agrees that it will include this Section 3 clause in
every subcohfi•act to coJ��ply with f�egtilation in 24 CFR Paf�t 135, and
agrees to take appropriate action, as pi-ovided in an applicable p��ovision
of the sarbconh�act or• in this Section 3 clause, upon ftnding that the
sztbcont��actof• is in violation of the t�egttlations in 24 CFR Pa�•t 135. The
conty�actor wrll not subcontr•act with any sarbconn•acto�° l��here it has notice
o�° knou�lec�ge that the szrbcof�b�actor has been found in violation of
��egtilations in 24 CFR 135.
E. The co�tractoT• will cert� that any vacant employn�errt positions,
if�cludi�g traif�ing positions that a�e filed.• (1) afte�• the co�tractor is
selected but before the conir•act is executed, af�d (2) with persons othe��
thart those to �t�honz the regulations of 24 CFR Part 135. The contt�actof�
�vill rtot subcontract with any subconh•acto�� 1a�hei•e it has notice or
I��owlec�ge ihat the subconh�actof° has been found in violation of
��egzilations in 24 CFR 135.
F. Nonco�rtpliance �vith HUD's r�ega�lation if� 24 CFR Pa��t 135 may
result in sanctions, termination of this contt°act fot� defazrlt, and deba�°ment
or suspension, fi�or�z fi�ture HUD assisted contracts.
G. With respect to work peifo��i��ed in connection la�ith Seciion 3
cove��ed Irtdian housing assistas�ce, section 7(b) of the Indian Sel.f-
Deter�mination ancl Edttcation Assista»ce Act (25 U.S.C. seciio» 450e) also
applies to the i��ork to be pe�fo�°rnec� under this Contr�act. Section 7(b)
�equit°es that to the g��eatest extent feasible (i) p�^eference anc�
oppo��tunities for h�aini�g as�d employment shall be given to b�dians, and
(iz) preferef�ce in the ativard of conti•acts anc� s�bcoi�tr�acts shall be give�t to
Indian organizations and b�dian-owned Econor�Tic E»tef pf�rses. Parties to
this conh°act that at•e subject to ihe pf�ovisioi�s of Section 3 and SectioJ�
79b) agree to con�ply witlz Section 3 to the fnaxinnrn� extent feasible, but
r�ot in derogation of cornpliance �a�ith Sectron 7(b). "
Section to be quoted in covered contracts ends.
14.11.2 A�ency Responsibilities for Section 3 Requirements.
City and Agency understand and agree tliat compliance with the provisions of
Section 3, the regulations set forth in 24 CFR Pai-t 135, and all applicable rules and orders
of HUD shall be a condition of the Federal financial assistance provided to the Program
binding upon City and Agency, and their respective successors, assigns, contractors and
subcontractois. Failure to fulfill these requirements shall suUject Agency and its
contractors and subcontractors and their respective successors and assigns to those
sanctions specified by the grant agreeinent through which Federal assistance is provided
and to such sanctions as are specified by 24 CFR Part 135. Agency's responsibilities
include:
ESG PSA CONTRACT 2013-2014 - CATHOLIC CHARITIES OF FORT WORTH 21
14.11.2.1 Implementing procedures to notify Section 3 residents and
business concerns about training, einployment, and
conh�acting 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 h�aining 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 HED
Department 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 (fortn
HUD-60002) in accordance with 24 CFR Part 135.90.
14.11.3 Section 3 Reportin� Requirements.
In order to coinply with the Section 3 requirements, Agelicy 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 employtnent 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 report 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 lilce.
14.11.3.3 Repoi�t to the City on a quarterly basis all contracts awarded
by contractors and any subcontractors. This shall include
naine of contractor and/or subconh•actor, address, zip code,
alld amount of award as of the date of the report.
ESG PSA CONTRACT 2013-2014 - CATHOLIC CHARITIES OF FORT WORTH 22
14.12 Prohibition A�ainst Discrimination.
14.12.1 General Statement.
Agency, in the eXecution, performance or attempted performance of this Contract,
shall comply with all non-discriinination requirements of 24 CFR Part 5 as modified by
24 CFR 576.57(a) and the ordinances codified at Chapter 17, Article III, Division 4—
Fai�� 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 specifcally to the
ordinances codified at Chapter 17, Article III, Division 3- Ernploymef�t Practices of the
City Code, and Agency hereby covenants and agrees that Agency, its officers, membeis,
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 Emplovment durin� 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:
[Contr•actor oi• sirbcontr°actof-'s name] will not unlawfully discriininate 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 h•ansgender. Agency will take affirmative action to
ensure that applicants are hired without regard to race, color, sex, gender, religion,
national origin, fainilial status, disability or perceived disability, seXual orientation,
gender identity, gender expression or transgender and that employees are treated fairly
during elnployment without regard to their race, color, sex, gender, religion, national
origin, familial status, disability or perceived disability, seXual orientation, gender
identity, gender expression or h•ansgender. Such action shall include, but not be limited
to, the following: employinent, upgrading, demotion or transfer, recruitment or
recruitment advertising, layoff or termination, rates of pay or other forms of
compensation, and selection for training, including apprenticeship. Agency agrees to post
in conspicuous places, available to employees and applicants for employment, notices
setting forth the provisions of this nondiscrimination clause.
[Contractot• oi� subcorrh•actof�'s nan�e] will, in all solicitations or advertisements
for employees placed by or on behalf of Agency, state that all qualified applicants will
receive consideration for employment without regard to race, color, sex, gender, religion,
national origin, familial status, disability or perceived disability, sexual orientation,
ESG PSA CONTRACT 2013-2014 - CATHOLIC CHARITIES OF FORT WORTH 23
gender identity, gender expression or transgender.
[Conh�actor of� subco»ts�actor's narne] covenants that neither it nor any of its
officeis, meinbers, agents, einployees, or contractors, while engaged in performing this
Contract, shall, in connection with the employment, advancement or discharge of
employees or in connection with the terms, conditions or privileges of their employment,
discriminate against persons because of their age or because of any disability or
perceived disability, except on the basis of a bona fide occupational qualification,
retirement plan or statutory requirement.
[Co��tractoN o�° subcontractoi^'s i�a»�e] further covenants that neither it nor its
officers, inembers, 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 occupationai qualification, retirement plan or statutory
requirement.
14.12.3 A�ency's Contractors and the ADA.
In accordance with the provisions of the Americans With Disabilities Act of 1990
("ADA"), Agency warrants that it and any of its contractors will not unlawfully
discriminate on the basis of disability in the provision of services to the general public,
nor in the availability, terms and/or conditions of employment for applicants for
employment with, or employees of Agency or any of its contractois. AGENCY
WARRANTS IT WILL FULLY COMPLY WITH ADA'S PROVISIONS AND
ANY OTHER APPLICASLE FEDERAL, STATE AND LOCAL LAWS
CONCERNING DISABILITY AND WILL DEFEND, INDEMNIFY AND HOLD
CITY HARMLESS AGAINST ANY CLAIMS OR ALLEGATIONS ASSERTED
BY TAIRD 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 A�ainst 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 of�cials of City or of Agency who exercise or have exercised any
functions or responsibilities with respect to activities assisted with ESG funds or who are
in a position to participate in a decision-malcing 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 - CATHOLIC CHARITIES OF FORT WORTH 24
benefit from a ESG-assisted activity, or have an interest i�1 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 theu tenure or for 1 year thereafter,
unless they are accepted in accordance with the procedures set forth at 24 CFR 576.57(d).
1413.3 Agency affirms that it will adhere to the provisions of the Texas Penal
Code which prohibits bribery and gifts to public servants.
14.13.4 The conflict of interest provisioiis of 24 CFR Part 85.36 and 24 CFR
Part 84.42, respectively, shall apply in the procurement of property and services by
Agency. In all cases not governed by those sections, the provisions of 24 CFR 576.57(d)
of the ESG Regulations shall apply.
14.14 Subcontractin� with Small and Minoritv 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 equipinent 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 fi•om the requirements or
responsibilities iu regard to following the law, nor from the consequences or penalties for
Agency's failure to follow the law, if applicable.
14.16 Assignment.
Agency shall not assign all or any part of its rights, privileges, or duties under this
Contract without the prior written approval of Director. Any attempted assignment of
same without approval shall be void, and shall constitute a breach of this Contract.
14.17. Right to Inspect A�ency Contracts.
It is agreed that City has the right to inspect and approve in writing any proposed
contracts between Agency and a�ry contractor engaged in any activity in conjunction with
this ESG-funded Program prior to any charges being incurred.
ESG PSA CONTRACT 2013-2014 - CATHOLIC CHARITIES OF FORT WORTH 25
14.18 Force Maieure
If Agency becomes unable, either in whole or part, to fulfill its obligations under
this Contract due to acts of God, strikes, lockouts, or other industrial disturbances, acts of
public enernies, wars, blocicades, insurrections, riots, epideinics, earthqualces, fires,
floods, resh•aints 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 reinedy its inability to perform as soon as possible.
15. INDEMNIFICATION AND RELEASE.
AGENCY COVENANTS AND AGREES TO INDEMNIFY, HOLD
HARMLESS AND DEFEND, AT ITS OWN EXPENSE, CITY AND ITS
OFFICERS, AGENTS, SERVANTS AND EMPLOYEES FROM AND AGAINST
ANY AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE
AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL
PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR
ASSERTED, ARISING OUT OF OR IN CONNECTION . WITH THE
EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE OR
NONPERFORMANCE OF THIS CONTRACT AND/OR THE OPERATIONS,
ACTIVITIES AND SERVICES OF THE PROGRAM DESCRIBED HEREIN,
WHETHER OR NOT CAUSED IN WHOLE OR IN PART, BY ALLEGED
NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES,
CONTRACTORS OR SUBCONTRACTORS OF CITY; AND AGENCY HEREBY
ASSUMES ALL LIABILITY AND RESPONSIBILITY OF CITY AND ITS
OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES FOR ANY AND ALL
CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR
PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF
WHATSOEVER KINDS OR CHARACTER, WHETHER REAL OR ASSERTED,
ARISING OUT OF OR IN CONNECTION WITH THE EXECUTION,
PERFORMANCE, ATTEMPTED PERFORMANCE OR NONPERFORMANCE
OF THIS CONTRACT AND/OR THE OPERATIONS, ACTIVITIES AND
SERVICES OF THE PROGRAM DESCRIBED HEREIN, WHETHER OR NOT
CAUSED IN WHOLE OR IN PART BY ALLEGED NEGLIGENCE OF
OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS OR
SUBCONTRACTORS OF CITY. AGENCY LIKEWISE COVENANTS AND
AGREES TO AND DOES HEREBY INDEMNIFY AND HOLD HARMLESS
CITY FROM AND AGAINST ANY AND ALL INJURY, DAMAGE OR
DESTRUCTION OF PROPERTY OF CITY, ARISING OUT OF OR IN
CONNECTION WITH ALL ACTS OR OMISSIONS OF AGENCY, ITS
OFFICERS, MEMBERS, AGENTS, EMPLOYEES, CONTRACTORS,
SUBCONTRACTORS, VENDORS, INVITEES, LICENSEES, OR CLIENTS, OR
ESG PSA CONTRACT 2013-2014 - CATHOLIC CHARITIES OF FORT WORTH 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 INJIJRY, DEATH,
DAMAGE OR LOSS IS CAUSED BY CITY'S SOLE OR CONCURRENT
NEGLIGENCE.
AGENCY SHALL REQUIRE ALL OF ITS CONTRACTORS,
SUSCONTRACTORS AND VENDORS TO INCLUDE IN THEIR CONTRACTS
AND SUBCONTRACTS A RELEASE AND INDEMNITY IN FAVOR OF CITY
IN SUBSTANTIALLY THE SAME FORM AS ABOVE.
16. WAIVER OF IMMUNITY BY AGENCY.
If Agency, as a charitable or nonprofit organization, has or claims an immunity or
exemption (statutory or otherwise) from and against liability for damages or injury,
including death, to persons or property, Agency hereby eYpressly waives its rights to
plead defensively such immuiiity or exemption as against City. This section shall not be
construed to affect a governmental entity's immunities under constitutional, statutory or
cominon law.
17. INSURANCE AND BONDING.
Agency will maintain coverage in the form of insurance or bond in the amount of
$32,079.00 to insure against loss from the fi�aud, 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 reiinburse City for any and all loss of ESG Funds occasioned by such
misconduct. To effectuate such reilnbursement, such fidelity coverage shall include a
rider stating that reimbursement for any loss or losses shall name the City as a Loss
Payee.
Agency shall fui-�iish 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 Conh•act and City may, at its option,
ESG PSA CONTRACT 2013-2014 - CATHOLIC CHARITIES OF FORT WORTH 2%
terminate the Contract.
Such insurance shall cover all insurable risks incident to or in connection with the
execution, performance, atteinpted performance or nonperformance of this Contract.
Agency shall maintain, or require its general contractor to maintain, the following
coverage and limits thereof:
Commercial General Liabilitv (CGL) Insurance
$500,000 each occurrence
$1,000,000 aggregate limit
Non-Profit Or�anization Liabilitv or D'u•ectors & 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 availability of the above coverage and at the discretion of City, the policy
shall be the primary responding insurance policy versus a personal auto insurance policy if
or when in the course of Agency's business as contractecl 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 worlc 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 inaintain the coverage on such contractor, if
applicable, for each applicable contract.
Additional Rec�uirements
Such insurance amounts shall be revised upward at City's reasonable option and no more
fi•equently 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 - CATHOLIC CHARITIES OF FORT WORTH 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 inonies 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 pai�ties 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 waivet• 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 othet• 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 regulatoiy 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.
Directors and Officers Liability coverage shall be in force and inay be provided on a
claiins-made basis. This coverage may also be referred to as Management Liability, and
shall protect the insured against claims arising out of alleged errors in judgment, breaches
of duty and wrongful acts arising out of their organizational duties. Coverage shall
protect not only the entity, but all past, present and future directors, officers, trustees,
employees, volunteers and committee members.
ESG PSA CONTRACT 2013-2014 - CATHOLIC CHARITIES OF FORT WORTH 29
18. CERTIFICATION REGARDING LOBBYING.
The undersigned representative of Agency hereby certifies, to the best of his or
her knowledge and belief, that:
No Federal appropriated funds have been paid or will be paid, by or on behalf of
Agency, to any person for influencing or attempting to influence an officer or
employee of any agency, a meinber of Congress, an officer or employee of
Congress in connection with the awarding of any Federal contract, the malcing of
any Federal grant, the making of any Federal loan, the entering into of any
cooperative agreeinent and the extension, continuation, renewal, amendlnent, 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, inember 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 inaking or entering into this Contract imposed by
31 U.S.C. Section 1352. Any person who fails to file the required certification
shall be subject to a civil penalty of not less than $10,000.00 and not more than
$100,000.00 for each such failure.
Agency shall require that the language of this certification be included in all
subcontracts or agreements involving the expenditure of Federai fimds.
19. LITIGATION AND CLAIMS.
Agency shail give City immediate notice in writing of any action, including any
proceeding before an administrative agency, filed against Agency in conjunction with this
Contract or the Program. Agency shall furnish immediately to City copies of all pertinent
papers received by Agency with respect to such action or claim. Agency shall provide a
notice to City within 10 days upon filing under any banlcruptcy or financial insolvency
provision of law.
20. NOTICE.
All notices required or permitted by this Contract must be in writing and are
deemed delivered on the earlier date of the date actually received or the third day
following deposit in a United States Postal Service post office or receptacle; with proper
postage, certified mail return receipt requested; and addressed to the otller Party 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 - CATHOLIC CHARITIES OF FORT WORTH 30
Ci�:
City Attorney's Office
1000 Throckmorton Street
Fort Worth, TX 76102
Telephone: 817-392-7600
Copy to:
Director of Housing and Economic Development
1000 Throckmorton Street
Fort Worth, TX 76102
Telephone: 817-392-7540
Copy to:
Development Project Coordinator — Housing and Econoinic Development
1000 Throcicinorton Street
Fort Worth, TX 76102
Telephone: 817-3 92-6342
A�ency:
21. AGENCY HAS LEGAL AUTHORITY TO ENTER INTO CONTRACT.
Agency represents that it possesses the legal authority, pursuant to any proper,
appropriate and ofiicial motion, resolution or action passed or talcen, 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 inay be
sufficiently evidenced by one counterpart.
[SIGNATURES APPEAR ON NEXT PAGE]
ESG PSA CONTRACT 2013-2014 - CATI-IOLIC CHARITIES OF FORT WORTH 31
�
w�, �
°�� WITNESS WHEREOF, the Parties hereto have executed 4 duplicate
�al ` f this Contract in Fort Worth, Tarrant County, Telas.
, t, -�
��� �
� �_� � _ ,
CITY OF FORT WORTH
By� Gt�r� ��--
Fernando Costa, Assistant City Manager
M&C: G26�69
Date: August 6, 2013
APPROVED AS TO FO AND LEGALITY:
��
Assistant City Attorney
CA'
By:
NaiY
Title: C.�
RTH
STATE OF TEXAS §
COUNTY OF TARRANT §
This insh•ument was acicnowledged befoi•e me on ' , 2013 by
Fernando Costa, Assistant City Manager of the City o Foirt Worth, �n behalf the City of
Fort Worth.
EVONIA DANIELS
Notary Public, State of Texas
My Commission Expires
July 10, 2017
�
Public, State of Texas
STATE OF TEXAS §
COUNTY OF TARRANT §
This insti•ument was acicnowledged before me on ��xv� Lyt.r ���"� , 2013 by
N��fl,rrRey�b'�,�, the C�D of Catholic Charrties of Fort Worth, a Teaas non-
profit corporation, on behalf of said corporation. (�
Notary Public, State
f���+� ����a�a
�, �asn����n �xQkes
@�(R,�Jr�P�1?
ESG PSA CONTRACT 2013-2014 - CATHOLIC CHARITIES OF FORT W
��
, �•�
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.� .
EXHIBITS:
Exhibit "A" — Program Summary
Exhibit "A-1" — 2013 HUD Income Limits
Exhibit "A-2" — Environmental Mitigation Action
Exhibit "B" — Budget
Exhibit "C" — Audit Certification Form
Exhibit "D" — Reimbursement Forms
Exhibit "E" — Form of Income Self-Certification
Exhibit "F" — Standards for Complete Documentation
Exhibit "G" — ESG Performance Standards
Exhibit "H" — Match Report
Exhibit "I" — ESG Staff Certification Form
Exhibit "J" - Section 3 Reporting Forms
ESG PSA CONTRACT 2013-2014 - CATHOLIC CHARITIES OF FORT WORTH 33
Catholic Charities Fort Worth
Financial Assistance
(Homelessness Prevention & Rapid Rehousing)
••� •. 1uu::
Emergency Solutions Grant
(ESG)
October 1, 2013 to September 30, 2014
PERIOD
$ 32,079.00
AMOUNT
PROGRAM:
The program will provide homeless prevention and rapid rehousing services and financial
assistance to ESG—eligible residents of Fort Worth. Program services include fnancial
assistance for rental assistance (short- and medium-term), rent arrears, security deposit,
and utilities.
Note: Only Fort Worth residents are eligible to receive �nancial 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 249 W. Thornhill, Fort Worth, TX
76115 from 7:00 a.m. to 6:00 p.m., Monday through Thursday; 7:00 a.m. to 5:00 p.m. on
Friday.
REGULATORY CLASSIFICATION:
Service Category (if more than one category, specify amount for each):
ESG Homelessness Prevention Component — $16,379.00
Rapid Rehousing Assistance Component — $15,150.00
HMIS Component -- $550.00
Regulatory Citation(s): 24 CFR 576.103, 24 CFR 576.104, and 24 CFR 576.107
For homeless prevention financial assistance activities, Agency will maintain documentation
of client's homelessness or risk of homelessness AND that the client's household has annual
income at or below 30% of Area Median Income (AMI) as established or defined by the
United States Department of Housing and Urban Development (HUD). For rapid rehousing
financial assistance activities, Agency �vill maintain documentation that the individual or
family meets the homeless de�nition defined in the HEARTH Act.
PROGRAM GOALS:
• Provide homeless prevention services to approximately 7 Households
• Provide rapid rehousing services to approximately 3 Households
EXHIBIT A
PROGRAM SUMMARY
EXHIBIT A- ESG: CATHOLIC CHARITIES FORT WORTH
EXHIBIT "A-1"
2013 HUD INCOME LIMITS
2013 Median Family Income — Fort Worth/Arlington, TX*
1 Person 2 Persons 3 Persons 4 Persons 5 Persons 6 Persons 7 Persons 8 Persons
30%AMI $13,850 $15,800 $17,800 $19,750 $21,350 $22,950 $24,500 $26,100
50% AMI $23,050 $26,350 $29,650 $32,900 $35,550 $38,200 $40,800 $43,450
80%AMI $36,900 $42,150 $47,400 $52,650 $56,900 $61,100 $65,300 $69,500
*Income limits are established and published at least annually by HUD.
EXHIBIT "A-2"
ENVIRONMENTAL MITIGATION ACTION
NONE REQUIRED
EXHIBIT B - BUDGET
Funding A:
Funding B:
Funding C:
EXHIBIT B- ESG: CATHOLIC CHARITIES FORT WORTH
The following tables are purely informational and were created solely for purposes of preparing, negotiating, and
determining the reasonableness of the overall line item budget on the first page of this EXHIBIT B— BUDGET and
are not to be considered part of the terms and conditions of this Contract. Contractor may 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)
N/A
1�71�[t��7�lI\LJ1
Percent of Payroll Amount Percent to Grant Amount to Grant
FICA N/A
Life Insurance N/A
Health Insurance N/A
Unem loyment N/A
Workers Com ensation N/A
Retirement N/A
SUPPLIES AND SERVICES
Total Bud et Percent to Grant Amount to Grant
Office Su lies N/A
Office Equipment Rental N/A
Postage N/A
Printing N/A
MISCELLANEOUS
Total Budget Percent to Grant Amount to Grant
Conference & Seminars N/A
Construction/Building Materials N/A
Contract Labar N/A
Craft Supplies N/A
Credit Re orts N/A
Facili Fees N/A
Field Tri Costs N/A
Food Su lies N/A
Milea e N/A
Teaching Aids N/A
EXHIBIT B- ESG: CATHOLIC CHARITIES FORT WORTH 2
FACILITY AND UTILITIES
Total Budget Percent to Grant Amount to Grant
Telephone N/A
Electric N/A
Gas N/A
Water and Wastewater N/A
Solid Waste Dis osal N/A
Rent N/A
Custodial Services N/A
Re airs N/A
Cleaning Supplies N/A
Fidelity Bond (or Equ
General Commercial I
Directors and Officers
Leeal Fees
Contract
AL, FINANCIAL AND INSURANCE
Total Budget Percent to Grant Amount to Grant
N/A
N/A
N/A
N/A
N/A
FINANCIAL ASSISTANCE
Total Budget Percent to Amount to
Grant Grant
Rapid Re-Housing $15,150 100% $15,1 SO
Homelessness Prevention $16,379 100% $16,379
HMIS
Total Budget Percent to Amount to
Grant Grant
IiMIS $550.00 100% $550.00
EXHIBIT B- ESG: CATHOLIC CHARITIES FORT WORTH 3
EX�IIBIT "C"
Audit Certification Form
[See attached]
AUDIT CERTIFICATION FORM AND AUDIT REQUIlZEMENTS
Agency:
Fiscal Year Ending:
Name of Agencv
September 30, 2014
❑ 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 schedarle below)
Signatory and Title Date
Failure to submit this or a similar statement or failure to submit a completed single audit package as
described in the federally required audit requirements described in OMB Circulars A-133 by the
required due date may result in suspension of funding and 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]
Attachment I
INVOICE
Agency:
Address:
City, State, Zip:
Program:
Period of Service:
Agency's C;ertitication: 1 certity 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:
Altachment ❑
City of Fort Worth
Housing and Economic Developmen[ Deparfinent
E:pendiNre�Vorksheet
Agency: Name
Program: Program Namc
Pleue rou likeaccoun[codes.
Account Cod
(Sze Key lo
Line No. Check 120. Date Pa �ee Descri tion' Ri 1 Amounl
2
3
4
5
6
7
8
9
10
11
12
13
14
15
I6
17
IB
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
Total
'Payroll musl idcntify employee. Rent muri identify tenant. Other payments should idenlify individual:
Highligh[ed arc the only relevant eodu for this Program.
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Exhibit "E"
Form of Income Self-Certi�ication
[See attached]
CERTIFICATION OF INCOME STATEMENT
Applicant Name:
Current Address:
Phone #:
**PERSONAL INFORMATION: (Check one in each item. Optional Information for Federal Reporting Purposes)
a. ❑ MALE b. ❑ WHITE ❑ BLACK/AFRICAN AMERICAN ❑ BLACK/AFRICAN AMERICAN & WHI'IB
❑ FEMALE ❑ AMERICAN INDIAN/ALASKAN NATIVE ❑ ASIAN
❑ AMERICAN INDIANlALASKAN NATIVE & WHITE ❑ ASIAN & WHITE
❑ NATIVE HAWAIIAN/OTIIER PACIFIC ISLANDER ❑ BALANCE/OTHER
❑ AMERICAN INDIAN/ALASKAN NATIVE & BLACK/AFRICAN AMERICAN
c. ETHNICIT'Y d. DISABLED
❑ HISPANIC ❑ YES
❑ NON-HISPANIC ❑ NO
* TOTAL NUMBER OF HOUSEHOLD
MEMBERS
Total Anticipated Annual Household Income:
Certification:
(Include Yourself AND everyone who
lives in the house.)
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 IOOI OF THE U.S. CODE STATES THAT A PERSON IS GUILTY OF A FELONY
FOR KNOWINGLY AND WILLINGLY MAHING FALSE OR FRAUDULENT STATEMENTS TO ANY DEPARTMENT OF
THE UNITED STATES GOVERNMENT.
Signature of Applicant
Date
For use by funding agency:
Household Size:
Income Limit:
Person Making Determination: Date:
e. IS CLIENT WOMEN HEAD OF HOUSEHOLD
❑ YES
❑ NO
Annual Income:
Is Applicant Eligible:
Household Members and Income
CERTIFICACION DE DECLARACION DE INGRESOS
Nombre del Solicitante:
Domicilio Actual:
Apellido
Nombre
Numero de Telefono:
Miembros en el Ho a� r�
(incluir eUla solicitantel
Edad I Ingreso I Fuente de Ingresos/Nombre de Empleador
Mensual
**INFORMACION PERSONAL: (Seleccione uno en cada categoria. Informacion opcional para propositos de informacion Federal)
a. ❑ MASCULINO b. ❑ CAUCASICO ❑ NEGRO/AFRICANO AMERICANO
❑ NEGRO/AFRICANO AMERICANO & CAUCASICO
❑ FEMININO ❑ INDIO AMERICANO/NATIVO DE ALASKA ❑ ASIATICO
❑ INDIO AMERICANO/NATIVO DE ALASKA & CAUCASICO ❑ ASIATICO & CAUCASICO
❑ NATNO HAWAIANO/OTRO DE LAS ISLAS PACIFICAS ❑ BALANCE/OTRO
❑ iNDIO AMERICANO / NATIVO DE ALASKA & NEGRO/AFRICANO AMERICANO
c. ETTtICIDAD d. DISCAPACITADO e. �ES EL SOLICITANTE IJNA MLTJER Y CABECERA DEL HOGAR?
❑ HISPANO ❑ SI ❑ SI
❑ NO-HISPANO ❑ NO ❑ NO
* N UMERO TOTAL DE MIEMBROS EN EL HOGAR
Ingreso total del hogar anual anticipado:
(Incluye a si mismo y a todos los que 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 provisibn de informacion falsa me podria dejar sujeto a las
penalidades Federales, Estatales y locales.
ADVERTENCIA: TITULO 18, SECCION 1001 DEL CODIGO DE EE.W. QUE UNA PERSONA ES
CULPABLE DE UN DELITO POR SABER Y VOLUNTARIAMENTE HACER DECLARACIONES
FALSAS O FRAUDULENTAS A CUALQUIER DEPARTAMENTO DEL GOBIERNO
ESTADOUNIDENSE.
Firma del Solicitante
Fecha
Para el uso de la agencia financiando:
# De Miembros en el Hogar:
Limite de Ingreso:
Persona haciendo la determinacion:
Ingreso Anual:
�Es el solicitante elegible? :
echa:
Exhibit "F" - Standards for Complete Documentation
[See attached]
2013-2014 Documentation Standards for
Public Service Contract Expenses
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Budget Line Items c a E p° J w y m z Noles/Other
Em loyee Salaries and Benefits
Salanes X X' If an employee works solely wilh Contract eligible dienls and solely on Contracl eligible items, Ihen the employee's entire salary is eligible for
reimbursemenl. Twice in each calendar year, lhe client must su6mit a wrillen slatement veri(ying lhat the above conditions are still true. The
slatement must also be signed be a person aulhorized lo sign on behalf of Ihe agency.
If an empbyee works on a vanety of programs, or works with a mixlure of Contract eligible clients and non-elgible clients, then lhe City will only
reimburse tor a reasonable poAion of lhe employee's salary. Each reimbursement request musl inGude nol only the employee's timesheet, but also
a work log breaking out lhe employee's lime by projecl or acUvity. For employees paid wilh mWliple fonding sources, limesheets must re8ect all
funding sources. If separate timesheets are kept for each funding source, all such limesheets must 6e su6mitted to City.
9f employees are paid by direct deposit ralher than check, then lhe agency musl submit both lhe direcl deposit paymenl company's report (such as
an ADT report) and a bank stalement or check shovnng paymenl to the direcl deposil company.
FICAlMedicare IFthe City pays gross salary, this is already included. If the City pays the employer portion, lhen lhe employer must show a calculalion and
documentation of how lhe invoiced amount was calculated, and include documentation showin a ment.
Life Insurance If lhe City pays gross salary, lhis is already included. If we pay lhe employer portion, lhen lhe employer must show a calculation and documentation
oT how lhe invoiced amounl was calculated, musl include an invoice irom the insurer, and must include documenlation showing payment.
Heallh Insurance If lhe City pays gross salary, this is already induded. If we pay lhe employer poAion, then the employer musl show a calculation and documenlalion
of how lhe invoiced amount was calculated, musl include an invoice irom lhe insurer, and must include documenlation shovring payment.
Disability Insurance If the City pays gross salary, lhis is already included. If we pay lhe employer portion, lhen lhe employer musl show a calculation and documentation
oi how lhe invoiced amounl was ralculaled, musl include an invoice from the insurer, and musl include documentalion showing payment.
Unemploymenl If Ihe Ciry pays gross salary, this is already included. If we pay the employer portion, then the employer must show a calculation and documentalion
Insurance of how the invoiced amount was calculated, and must include documentation showin a menl.
Retirement If we pay gross salary, this is already included. If we pay the employer podion, lhen [he employer must show a calculalion and documenlalion oi how
lhe invoiced amounl was calculaled, must and include documentation sho�ving paymenl, and pnorlo Ihe first reimbursement, musl include the
ersonnel olic re ardin relirement benefils.
Professional Services
Accounting X X X If an audil is required because federal funds exceed $500,000, lhen lhe cosl should be splil evenly by all federal Tonding sources.
Ex enses
Materials, E ul ment, Goods and Su Ifes
Office Su lies X X X
Office Equipment X X X -
Renlal
Postage X X X The agency should maintain infortnation regarding mailouts. If lhe agency has a Pilney Bowes machine or like poslage machine, lhe records ot lhat
machine musl be on file. Likevrise. 'rf mail is categorized hy payment source, lhen lhose rewrds musl be on fle. For large mailouts, the agency
should kee a co of the letter and a list of all addressees.
Pnntin X X X
Conslrvction 8 X X This category is only available tor REACH.
Buildin Malenals
Spoh and X X X
Recrealion
E ui ment
Cleanin Su lies X X X
Teachin Aids X X X
Craft Su lies X X X
Food Su lies X X X
Travel and Fleld Tri s
Field Tnp X X In addition lo admission expenses, food expenses will also be allowed so long as lhe agency has a written policy stating lhat food and dnnks are
Admission roufine purchases on all field lnps, notjusl ConVact-funded Tield lnps.
Ex enses
Renf Utllities and Maintenance - If the followin ex enses are ald for a faclli that Is used for other ur oses besides lhe Contract ro ram, then the bills must be
Tele hone X X
Gas X X
Water/Waslewaler X X
Eleclnc X X
Solid Waste X X
Dis osal
Facility X X X -
Maintenance and
Re airs
Custodial Services X X If services are rovided er a contract, a en will rovide con[ract instead oT invoices.
Rent X X
Miscel laneous
Conlract Labor X X X
Insurance Required X X
Under lhe Contracl
Childcare City requires lhal lhe agency submit its tee schedule, showing a breakoul oi income levels, and for each level a breakout of [he portion oT lhe
Scholarships expense lo be paid hy family and tha portion to be reimbursed by lhe City. This fee schedule is required prior to the firsl payment. We also require
the income eligiblity of each household so that we can delermine'rfwe are being chanqed in confortnance with lhe fee schedule. If lhe tee schedule
changes al any [ime during the conGad year, lhe agency must nolify City and provide a new schedule within 30 days of lhe change.
'Pfoof of payment effeCtlVe OCtobe� 1, 2013: Payments or Expenses musl be documenled in the following manner:
A) Image oT lhe check AND bank slatemenl showing lhe check Geared lhe bank; OR,
B) Image of lhe rancelled check (ex. At end of bank slalemenl); OR,
C) Payroll'Advace' or Slalement AND Bank Statement indicating payroll; OR,
D) For wire or e-lrensfers: Reciept or statement from payee/vendor OR bank statement.
EXHIBIT "G" — ESG PERFORMANCE 5TANDARDS
Emer enc Solutions Grant Performance Standards
Activi Out ut/Outcome
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 bene�ts at program exit
- Receiving case management
In order to successfully record performance outcomes, the CoC system requires that once
a household is enrolled in an ESG program, non-domestic violence agencies must
complete an initial HUD Intake Assessment within the HMIS system (ETO), the HUD
Mid-Program Assessment, and the HUD Exit Assessment upon program. Performance
outcomes will be reported to the City using the HMIS generated ESG reports.
Domestic Violence Organizations will provide the same data utilizing their similar data
systems.
Reassessments are required for program participants receiving homelessness prevention
assistance and rapid re-housing assistance. Participants receiving homeless prevention
must be reassessed monthly; rapid re-housing participants must be reassessed at least
quarterly. All participants must receive an exit assessment and enter it into HMIS or a
comparable-level database.
EXh�b�t ��x„
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 (ESG) match portion at 24 CFR 576.51. ESG
funds are matched dollar-for-dollar for each program year allocation.
City of Fort Worth ESG Funds $
Agency ESG Match $.
1. SOURCES OF LOCAL MATCH:
Other Federal (including pass-through funds, e.g., City CDBG, County FEMA, etc.)
MATCA SOURCE MATCH AMOUNT
$
$
TOTai. �Tcx $
2. STATE/LOCAL GOVERNMENT FUNDING: (e.g., State Housing Trust Funds,
Local Assessment, etc.)
MATCH SOURCE MATCH AMOUNT
$
$
TOTAL MATCH $
3. PRIVATE (including recipient) FUNDING:
MATCH SOURCE MATCH $ AMOUNT
Fund Raising/Cash $
Loans $
Building Value or Lease $
Donated Goods $
Donated Computers $
New Staff Salaries $
Volunteers ($5/hr) $
Volunteer Medicai/Legai $
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 approved by the
governing body of the organization prior to submission. The match funds identified in this report are not included
as contribution for any other federally assisted project or program as required by 24 CFR 84.23 (a) (2)
Date: Submitted by: Phone Number:
EXHIBIT "I"
Staff ESG Certification Form
[See attached]
City of Fort Worth
STAFF CERTIFICATION OF ELIGIBILITY FOR ESG FINANCIAL ASSISTANCE
Instructions: In order for City to approve reimburseinent for any client, agency must submir (1) client documentation of income (source documentation or
self-certification); (2) documentation of homelessness; (3) copy of lease; and (4) this completed form. (1) -(4) must be submitted upon initial reimbursement
request for assistance for each client AND upon agency request for reimbursement for the 4'�' 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 ❑ No ❑
Client Lacks Resources/Support Networks? Yes ❑ No ❑
Type(s) of ESG Financial Assistance: Rent ❑ Rent Arrears ❑ Utility ❑ Deposit(s) ❑
Unit Address (must be in City of Fort Worth):
2. Other ESG Re uirements
Lease in agency file? Yes ❑ No ❑
Client receives NO other rental subsidy (ie. Housing Choice Voucher)? Yes ❑ No ❑
Rental Assistance Agreement between landlord and agency in agency �le? Yes ❑ No ❑
Unit Number of Bedrooms:
Fair Market Rent (FMR) & Rent Reasonableness: Area FMR Limit (as published by I3LJD):
Unit Rent per lease:
Unit meets Habitability Standards? Yes ❑ No ❑ Date of Inspection:
3. Lead-Safe Housin�:
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 ❑
Number of Months Rental Assistance Provided (excluding arrears):
Year Housing Unit Built: Visual Inspection Indicates Unit and Property Free of Deteriorated Paint?
Yes ❑ No ❑
Name of Visual Assessor*:
*For named, agency must have on file a cer[ificate of completion of HUD's Visual Assessment Course (htto:�����'��.hud.eov/offices/lead/trainine,'visualassessmenUh00100.cfm)
Required certifications: Each person signing below certifies to the follo�ving: (1) To the best of my kno�vledge, 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 I nor anyone related to me has received or will receive any financial benefit for this eligibility determination. (5) I 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�vill be subject to criminal, civil and administrative
penalties and sanctions.
ESG Staff 5ignature:
ESG Supervisor Signature:
Date:
Date:
EXHIBIT "J"
SECTION 3 REPORTING FORMS
[See attached]
EXHIBIT "J"
Section 3 Summary Report
Economic Opportunities for
Low — and Very Low-Income Persons
U.S. Department of Housing
and Urban Development
Office of Fair Housing
And Equal Opportunity
OMB Approval No: 2529-0043
(exp. 11/30/2010)
Sec6on back of page for Public Reporting Burden statemenl
HUD Field O�ce:
1. Recipient Name & Address: (street, city, state, zip) 2. Federal Identfication: (grent no.) 3. Total Amounl of Award:
4. Contact Person 5. Phone: (Include area code)
6. Lenglh of Grant: 7. Reporting Period:
8. Date Report Submilted: 9. Program Code: (Use separale sheet 10. Program Name:
for each program code)
Part I: Em Io ment and Trainin "` Columns B, C and F are mandato fields. Include New Hires in E&F
A B C D E F
Number of Number of New % of Aggregate Number % of Total Staff Hours Number of Section 3
Job Calegory New Hires Hires that are of Staff Hours of New Hires for Section 3 Employees Trainees
Sec. 3 Residents lhal are Sec. 3 Residents and Trainees
Professionals
Technicians
Office/Cierical
Construction by Trade (List)
Trade
Trade
Trade
Trade
Trade
Other List
Total
* Program Codes 3= Publidlndian Housing 4= Homeless Assistance
1= Flexible Subsidy A= Development, 5= HOME
2= Section 202/811 B= Operation 6= HOME State Administered
C= Modemization 7= CDBG Entitiement
Page 1 of 2
8 = CDBG State Administered
9 = Other CD Programs
10 = Other Housing Programs
fortn HUD 60002 (6/2001)
Ref 24 CFR 135
Part II: Contracts Awarded
Construction Contracts:
A. Total doilar amount of ail contracts awarded on the project
B. Total doliar amount of contracts awarded to Section 3 businesses
�
C. Percentage of the total doliar amount that was awarded to Section 3 businesses � %
D. Total number of Section 3 businesses receiving contracts
2. Non-Construction Contracts:
A. Total doliar amount all non-construction contracts awarded on the project/activity
B. Total dollar amount of non-consiruction contracts awarded to Section 3 businesses
C. Percentage of the total doilar 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 pubiic 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 Youthbuild 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 coliect 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. 1701 u, 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 DepartmenYs 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 anaiyzed and distributed. The coliection 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 fortri HUD 60002 (1172010)
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
oppoAunities provided to low- and very low-income persons under
Section 3 of the Housing and Urban Development Act of 1968. The
Section 3 regulations appiy to any public and lndian 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. Nousing Act of 1937; or (3)
modernization grants pursuant to Section 14 of ihe U.S. Housing Act
of 1937 and to recipients of housing and community development
assistance in excess of 5200,000 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
ali 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 8, 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, O�ce 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
confractors and subcontractors.
HUD Field O�ce: 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 ihe dollar amount, rounded to the
nearest doliar, 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 recipienPs
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.
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 I: Empioyment and Training Opportunities
Column A: Contains various job categories. Professionals are
defined as people who have special knowiedge 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 o� 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.
Cotumn C: (Mandatary 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 contractor's or recipienYs 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 ali the staff hours of new hires
(Section 3 residents) in connection with ihis 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
projecUprogram.
Item B: Enter the total dollar amount of contracts connected with this
project/program 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 projecUprogram awarded to Section 3 businesses.
Item D: Enter the number of Section 3 businesses receiving awards.
Part 111: Summary of Efforts — Seif -explanatory
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
co ntracts/su b contracts.
' The terms "low-income persons" and very low-income persons" have
the same meanings given the terms in section 3(b) (2) of ihe 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
Pagei
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 (inciuding single persons) whose incomes do not
exceed 50 percent of the median family income area, as determined by ihe
Secretary with adjustments or smaller and larger families, except that ihe
Secretary may establish income ceilings higher or lower ihan 50 percent of
the median for the area on the basis of the Secretary's findings that such
variations are necessary because of unusuaily high or low family incomes.
form HUD 60002 (11/2010)
Ref 24 CFR 135
iv1&C Review
CITY COUNCIL AGENDA
Page 1 of 6
O�cial site of the Ciry of Fort Worth, Texas
F'oR� E�
COUNCIL ACTION: Approved on 8/6/2013 - Ordinance No. 20854-08-2013
CONTINUED FROM A PREVIOUS WEEK
DATE: 7/23/2013 REFERENCE C-26369 LOG NAME: 17HUDACTPLANPY13-14
NO..
CODE: C TYPE: CONSENT HEARING: YES
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
http://apps.cfwnet.org/council�acket/mc_review.asp?ID=18629&councildate=8/6/2013 8/21/2013
�1&C Review
necessary for completion of the program;
Page 2 of 6
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
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 a.m. 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
http://apps.cfwnet.arg/council�acket/mc review.asp?ID=18629&councildate=8/6/2013 8/21/2013
jVI&C Review
Page 3 of 6
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 - $2,149,193.50
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.
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:
http://apps.cfwnet.org/council�acket/mc review.asp?ID=18629&councildate=8/6/2013 8/21/2013
1tiI&C Review
Non-Profit Service Providers - $884,305.35
HOPWA Program Administration - $27,349.65
Page 4 of 6
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:
Table 1- CDBG A encies
Or anization Pro ram Amount
Cenikor Foundation Substance Abuse
Treatment $ 82,075.00
Childcare Associates Childcare Associates $ 35,335.00
Clayton Child Care. Inc. d/b/a Clayton Out of School Time
YES! $ 82,326.00
Counseling/Shelter
Day Resource Center for the Homeless Based Case
Mana ement $ 43,908.00
Girls Inc. of Tarrant County Girls Inc. Northside Fort
Worth $ 82,075.00
Lena Pope Home, Inc. Second Opportunity for
Success $ 82,326.00
Meals on Wheels, Inc. of Tarrant County
Home-Delivered Meals
$ 82,326.00
Senior Citizens of Greater Tarrant Connecting Seniors to
Count Communit $ 81,824.00
Tarrant County Housing Partnership Housing Counseling and
Education $ 124,935.00
The Ladder Alliance Com uter Skilts Trainin $ 100,235.00
he Salvation Army, a Georgia S.T.A.R.T
Cor oration $ 43,908.00
YMCA of Metropolitan of Fort Worth Early Childhood
Education $ 35,335.00
YWCA Fort Worth & Tarrant County Child Development
Pro ram $ 35.335.00
CDBG Public Service Subtotal $911,943.00
*REACH Resource Center on Project Ramp
Inde endent Livin $ 75,000.00
http://apps.cfwnet.org/council�acket/mc review.asp?ID=18629&councildate=8/6/2013 8/21/2013
y M&C Review
TOTAL CDBG Contracts �
4 will be funded from the CDBG Housing Programs budget.
Housing Opportunities For Persons With AIDS:
Page 5 of 6
� $ 986,943.00 �
Table 2- HOPWA A encies
Or anization Pro ram Amount
Tarrant County Samaritan Housing, Inc. Administration (three percent) and
Supportive Services
$ 261,611.35
AIDS Outreach Center, Inc. Administration (three percent),
Supportive Services, Tenant Based
Rental Assistance (TBRA), and Short
Term Rent Mortgage and Utility
Assistance (STRMU)
$ 622,694.00
TOTAL HOPWA Contracts $ 884,305.35
Emergency Solutions Grant:
Table 3- ESG A encies
Or anization Pro ram Amount
SafeHaven of Tarrant Count Shelter Services $ 85,065.00
Presb terian Ni ht Shelter Shelter Services $ 85,065.00
Day Resource Center for the Shelter Services
Homeless $ 85,065.00
The Salvation Army, a Georgia
Cor oration Homelessness Prevention/Ra id Re-Housin $ 43,136.00
CFW Parks and Community
Services
Homelessness Prevention/Ra id Re-Housin $ 63,015.62
Catholic Charities of Fort Worth
Homelessness Prevention/Ra id Re-Housin $ 32,079.00
TOTAL ESG Contracts $ 393,425.62
These proarams are available in ALL COUNCIL DISTRICTS.
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
$6.079,622.00
GR76 5XXX)CX 017206650XXX $6,079.622.00
GR76 451727 017206653XXX
GR76 5XXX)CX 017206653XXX
GR76 451727 017206654XXX
GR76 5XXXXX 017206654XXX
GR76 451685 017206650XXX
GR76 5�<XXX 017206650XXX
�425,325.00
$425.325.00
$911.655.00
$911.655.00
$50.000.00
$50,000.00
FROM Fund/Account/Centers
http://apps.cfwnet.org/council�acket/mc review.asp?ID=18629&councildate=8/6/2013 8/21/2013
M&C Review
' . : - • • :
GR76 451685 0172060651XXX $250,000.00
GR76 5XXX)CX 017206651XXX $250,000.00
GR76 451727 017206651XXX $1,996,541.00
GR76 5XXXXX $1 996,541.00
017206651XXX
Submitted for Citv Manager's Office b�
Fernando Costa (6122)
Originating Department Head_.
Cynthia Garcia (8187)
Additional Information Contact:
Robert Sturns (8003)
Leticia Rodriguez (7319)
ATTACHMENTS
17HUDACTPLANPY13-14 A013 VG(1).doc
2013-18ConPlanMemo HED6,4.13CG.pdf
ActionPlan 2013-14 funding recommendations.pdf
List of Selected Street for Action Plan 2013.pdf
http://apps.cfwnet.org/council�acket/mc review.asp?ID=18629&councildate=8/6/2013 8/21/2013
M&C Review
CITY COUNCIL AGENDA
Page 1 of 6
O�cial site of the City of Fort Worth, Texas
FORT�FI
�
COUNCIL ACTION: Approved on 8/6/2013 - Ordinance No. 20854-08-2013
CONTINUED FROM A PREVIOUS WEEK
DATE: 7/23/2013 REFERENCE C-26369 LOG NAME: 17HUDACTPLANPY13-14
NO..
CODE: C TYPE:
NON- PUBLIC YES
CONSENT 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
http://apps.cfwnet.org/council�acket/mc review.asp?ID=18629&councildate=8/6/2013 8/21/2013
M&C Review
necessary for completion of the program;
Page 2 of 6
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
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 a.m. 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
http://apps.cfwnet.arg/council�acket/mc review.asp?ID=18629&councildate=8/6/2013 8/21/2013
M&C Review
Page 3 of 6
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 - $2,149,193.50
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.
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:
http://apps.cfwnet.org/council�acket/mc review.asp?ID=18629&councildate=8/6/2013 8/21/2013
M&C Review
Non-Profit Service Providers - $884,305.35
HOPWA Program Administration - $27,349.65
Page 4 of 6
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:
Table 1- CDBG A encies
Or anization Pro ram Amount
Cenikor Foundation Substance Abuse
Treatment $ 82,075.00
Childcare Associates Childcare Associates $ 35,335.00
Clayton Child Care. Inc. d/b/a Clayton Out of School Time
YES! $ 82,326.00
Counseling/Shelter
Day Resource Center for the Homeless Based Case
Mana ement $ 43,908.00
Girls Inc. of Tarrant County Girls Inc. Northside Fort
Worth $ 82,075.00
Lena Pope Home, Inc. Second Opportunity for
Success $ 82,326.00
Meals on Wheels, Inc. of Tarrant County
Home-Delivered Meals
$ 82,326.00
Senior Citizens of Greater Tarrant Connecting Seniors to
Count Communit $ 81,824.00
Tarrant County Housing Partnership Housing Counseling and
Education $ 124,935.00
The Ladder Alliance Com uter Skills Trainin $ 100,235.00
he Salvation Army, a Georgia S.T.A.R.T
Cor oration $ 43,908.00
YMCA of Metropolitan of Fort Worth Early Childhood
Education $ 35,335.00
YWCA Fort Worth & Tarrant County Child Development
Pro ram $ 35.335.00
CDBG Public Service Subtotal $911,943.00
*REACH Resource Center on Project Ramp
Inde endent Livin $ 75,000.00
http://apps.cfwnet.org/council�acket/mc review.asp?ID=18629&councildate=8/6/2013 8/21/2013
M&C Review
� TOTAL CDBG Contracts �
*REACH will be funded from the CDBG Housing Programs budget.
Housing O�portunities For Persons With AIDS:
Page 5 of 6
� $ 986,943.00 �
Table 2- HOPWA A encies
Or anization Pro ram Amount
Tarrant County Samaritan Housing, Inc. Administration (three percent) and
Supportive Services
$ 261,611.35
AIDS Outreach Center, Inc. Administration (three percent),
Supportive Services, Tenant Based
Rental Assistance (TBRA), and Short
Term Rent Mortgage and Utility
Assistance (STRMU)
$ 622,694.00
TOTAL HOPWA Contracts $ 884,305.35
Emergency Solutions Grant:
Table 3- ESG A encies
Or anization Pro ram Amount
SafeHaven of Tarrant Count Shelter Services $ 85,065.00
Presb terian Ni ht Shelter Shelter Services $ 85,065.00
Day Resource Center for the Shelter Services
Homeless $ 85,065.00
The Salvation Army, a Georgia
Cor oration Homelessness Prevention/Ra id Re-Housin $ 43,136.00
CFW Parks and Community
Services
Homelessness Prevention/Ra id Re-Housin $ 63,015.62
Catholic Charities of Fort Worth
Homelessness Prevention/Ra id Re-Housin $ 32,079.00
TOTAL ESG Contracts $ 393,425.62
fhese programs are available in ALL COUNCIL D15TRIGTS.
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 $6,079,622.00
GR76 5XXXXX 017206650XXX $6.079.622.00
GR76 451727 017206653XXX
GR76 5�CXX 017206653XXX
GR76 451727 017206654XXX
GR76 5XXXXX 017206654XXX
GR76 451685 017206650XXX
GR76 5XXXXX 017206650XXX
$425,325.00
$425.325.00
$911,655.00
911 655.00
50 000.00
$50.000.00
FROM Fund/Account/Centers
http:l/apps.cfwnet.org/council�acket/mc review.asp?ID=18629&councildate=8/6/2013 8/21/2013
M&C Review
GR76 451685 0172060651XXX
GR76 5XXXXX 017206651XXX
GR76 451727 017206651XXX
GR76 5XXXXX
017206651 XXX
$250,000.00
$250,000.00
$1,996 541.00
$1,996,541.00
Submitted for City Manager's Off_ice_by_
Ori ig nating Department Head:
Additional Information Contact:
Fernando Costa (6122)
Cynthia Garcia (8187)
Robert Sturns (8003)
Leticia Rodriguez (7319)
ATTACHMENTS
17HUDACTPLANPY13-14 A013 VG(�doc
2013-18Co_n__PlanMemo HED6.4.13CG.�df
ActionPlan 2013-14 funding recommendations.pdf
List of Selected Street for Action Plan 2013.pdf
http://apps.cfwnet.arg/council�acket/mc review.asp?ID=18629&councildate=8/6/2013
Page 6 of 6
8/21/2013