Loading...
HomeMy WebLinkAboutContract 44870 (2)-�'} - � ..�. � � IF' 1� ,� ;ti �,/1 . STATE OF TEXAS COUNTY OF TARRANT § § § This contcact ("Contract") is made and entered into by and between the City of Fort Worth (hereafter "City") and SafeHaven of Tai•rant County (heceaftec "Agency"), a Texas nonprofit corpocation. City and Agency may be referred to individually as a "Party" and jointly as "the Parties". The Parties state as follows: WHEREAS, City i•eceives grant monies fi•om the United States Department of Housing and Ucban Development ("HUD") through Emergency Solutions Grant Pcogram ("ESG"), Program No. 5-13-MC-48-0006, Catalog of Fedecal Domestic Assistance No. 14.231; WHEREAS, the ESG progcam is intended to provide homeless persons or peisons at risk of becoming homeless with financial assistance, basic shelter, essential supportive services, and/or operations, as applicable; WHEREAS, Agency submitted a proposal to use ESG fiinds for an eligible program undec the ESG Regulations wheeeby Agency will p►•ovide services to low and moderate income City citizens; WHEREAS, City citizens, the Community Development Council, and the City Council have determined that ESG pi�ograms ai•e needed by the City's citizens; NOW, THEREFOFZE, the Parties understand and agree as follows: 1. INCORPORATION OF RECITALS. City and Agency hereby agt•ee that the recitals set forth above are true and correct and foi�m the basis upon which the Parties have entered into this Contract. 2. DEFINITIONS. In addition to terms defined in the body of this Conh�act, the terms set foc•th below shall have the definitions ascribed to them as follows: A►•ea Mediaii Income or AMI means the median family income foc the Fort Worth- Arlington metropolitan statistical area as established annually by HUD. The 2013 income limits ace attached hereto as Exhibit "A-1" — 2013 HUD Income Limits. Business Diveisity Ente�•prise Ordinauce oc BDE means the City's Business Divecsity Ocdinance, Ordinance No. 20020-12-201 l. ESG PSA CONTRACT 2013-2014 - SAFEHAVEN OF TAIZRANT COUNTY r����r��� �r�i� � � LI�I� �, - . ,,, ; ,� � � f J�' ' - Complete Documentation tneans the following documentation as applicable: o Attachments I, II, and III, with supporting documentation including: o Proof of eYpense: copies of timesheets, invoices, leases, service contcacts or other documentation showing that payment is due by Agency. o P►•oof of paymeirt: cancelled checks, bank statements, or wire transfers necessary to demonsh�ate that amounts due by Agency were actually paid by Agency. o Proof of client eligibility: (i) Source Documentation sufficient to show that clients participating in the Program are ESG Eligible Clients; or (ii) documentation other than Source Documentation to show that clients served by the Program are ESG Eligible Clients. In the event that Agency is a facility that provides a public service, this means documentation that clients seived by Agency are ESG Eligible Clients. • Complete Documentatiou shall meet the standards described in the attached Exhibit "F"- Standards for Complete Documentation. � Any other document or record reasonably necessary to verify costs spent and client eligibility for the Program. DBE means disadvantaged business enterprise. Director means the Director of the City's Housing and Economic Development Department. Effective Date means October 1, 2013. ESG means Emergency Solutions Grant. ESG Eligible Clieirt means an individual or household that meets the definition of "homeless" or "at risk of homelessness" as defined in the HEARTH Act. ESG Funds means the ESG gt•ant fiinds 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 - SAFEHAVEN OF TARRANT COUNTY 2 H�D Depai•tment means the City's Housing and Econoinic Development Depai�tment. HUD means the United States Depactment of Housing and Ut�ban Development. IDIS means HUD's Integrated Disbuisement Information System. Progr�m means the services described in EYhibit "A" — Program Summary. Reimbursement Request means all reports and other documentation described in Section 9. Source Documentation means documentation sufficient under ESG Regulations to establish an individual or household as an ESG Eligible Client Unduplicated Clients means a count of ESG E(igible Clients served once in the Contract Term. ESG Eligible Clients served tnore than once in the Contract Term will only be counted once when determining the number of Unduplicated Clients. 3. TERM. The term of this Conh•act begins on October 1, 2013 and terminates on September 30, 2014 unless earlier terminated as provided in this Contract. 4. DUTIES AND RESPONSIBILITIES OF CITY. 4.1 Provide ESG Funds. City shall provide up to EIGHTY-FIVE THOUSAND SIXTY-FIVE and 00/100 Dollars ($85,065:00) of ESG Funds on a reimbursement of expenses basis, under the terms and conditions herein. 4.2 Monitor. City will monitor the activities and performance of Agency and any of its contractors, subcontractoi•s oc vendors as necessary, but no less than annually. 5. DUTIES AND RESPONSIBILITIES OF AGENCY. 5.1 Required Services. ` Agency shall perform the services described in Exhibit "A" — Program Summaiy in accordance with the terms and conditions of this Contract. 5.2 Use of ESG Funcis. 5.2.1. Compliance with ESG Re�ulations and Contract. Agency shall be reimbursed for eligible Progcam costs with ESG Funds only if City determines in its sole disccetion that: ESG PSA CONTRACT 2013-2014 - SAFEHAVEN OF TARRANT COUNTY 3 5.2.1.1 Costs ace eligible expenditures in accordance with ESG Regulations. 5.2.1.2 Costs are in compliance with this Cont��act and are reasonable and consistent with industty norms. 5.2.1.3 Complete Documentation is submitted to City by Agency. 5.2.2 Bud�et• Agency agrees that ESG Funds will be paid on a reimbucsement basis in accordance with Exhibit "B" - Buciget. During the term of this Contract, Agency may submit written cequests to increase or decrease line-itein 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 Dicector approves the Agency's proposed Budget amendment (as approved, the "Amended Budget"), then the Amencled Buciget will take effect on the first day of the month following the tnonth in which it was approved by Director, unless otherwise specified in the amendinent. All requests for Budget amendments must be submitted by August 15, 2014. 5.2.3 Chan�e in Pi•o�ram Bud�et. 5.2.3.1 Agency will notify City promptly of any additional fimds it receives for operation of the Program, and City reserves the right to amend this Contract in such instances to ensure compliance with HUD regulations governing cost allocation. 5.2.3.2 Agency agrees to utilize fi�nds available under this Contract to supplement rather than supplant fimds otherwise available for use in the Program. 5.2.4 Payment 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 funds budgeted for the Program prior to September 20, 2014, City may hold bacic a small amount of the ESG Funds until the end of the term. During this inte�•im period, Agency must continue to submit Reimbursement Requests with an invoiced amount of $0. It is exp�•essly agreed by the Pacties that any ESG Funds either not spent oc not approved foc reimbursement to Agency shall cemain with City. ESG PSA CONTRACT 2013-2014 - SAFEHAVEN OF TARRANT COUNTY 4 5.3 Pi•o�ram Performance Milestones. Agency warrants that the Program will achieve the following milestones: Failure of Agency to meet these milestones or a material deviation from them as outlined in this Section 5.3 is a breach of this Contract. For the purpose of this Section, "material deviation" shall mean more than 10% lower than the specified goaL In the event of such breach, City reserves the right at its sole option to delay or withhold payment of Reiinbursement Requests, to lower Agency's allocation of ESG Funds, or to terminate this Contract. 5.4 Identify Pro�ram Expenses Paici with ESG Funds. Agency will keep accounts and records in such a manner that City may readily identify and account fot• Program expenses reimbuesed with ESG Funds. These records shall be made available to City for aiidit purposes and shall be retained as required heretmder. 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 cotnmon sources include: (i) Agency fi�nding from non-federal sources and eligible federal grants, (ii) volunteer time, which may valued at $5/hour of time; and (iii) the value or fair rental value of any donated materials or space. The monetacy va(ues Agency assigns to all sources of match are subject to review and approval by City. 5.5.1 Prior to October l, 2013, Agency must submit to City a completed Match Report on the form attached hereto as Exhibit "H"- Match Repol•t detailing actual and anticipated match sotu•ces. 5.5.2 With each Reimbui=sement Request, Agency must submit a log of funds expended to date on the form provided in Exhibit "H"- Match Repoi•t, plus documentation of any match expenditures frst reported in that month's Reimbucsement Request. 5.5.3 Records regarding match funds must be Icept by Agency in accordance with Section 8. 5.5.4 If the expenditure of match fiinds and ESG F�u1ds is not happening at appcoximately the same pace, City reserves the right to withhold ESG F�u1ds until ►natch expendit�u�es are substantially the same as ESG Funds reimbucsed to date. ESG PSA CONTRACT 2013-2014 - SAFEHAVEN OF TARRANT COUNTY 5 6. CLIENT ELIGIBILITY VERIFICATION. 6.1 Client Eli�ibility. Agency will document the eligibility of all prospective clients. Agency may redact the clienYs personal information and substitute a client number. Agency may use form attached hereto as Exhibit "I" — St�ff ESG Certification Form to document the eligibility of all prospective clients that receive direct financial assistance as desccibed in Sections 6.1.1.2 (ii), (iii), and (iv). 6.1.1 A�encies Receivin� ESG Funds. 6.1.1.1 Coordination of Services. Agency must participate in the local Continuum of Care and entec data in the local Homeless Management Information System ("HMIS"). 6.1.1.2 Homelessness Status. Agency must verify that all new clients meet the definition of homeless or at rislc of homelessness in the HEARTH Act, as amended from time to time. Acceptable forms of verification include: i. For emergency persous (shelter services for homeless including childcare for homeless clients): A signed, dated statement fi�om the client stating that the client is homeless, or that the client is homeless by virtue of fleeing domestic violence. ii. For homelessness services: 1. 2. 3 4. prevention- financial assistance Documentation that the individual or family has an annual income at or below 30% of AMI, Evidence documenting that the client does not have sufficient resources or support networks immediately available to p�•event them fi•om moving to an emergency shelter or another place defined in Categoty 1 of the "homeless" defnition under the HEARTH Act, Documentation of client's reasonable prospects of cesuming payment of rent or utilities, as applicable, within a reasonable time, and 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 - SAFEHAVEN OF TARRANT COUNTY 6 iii. iv For rapid re-housing se►�vices- financial assistance: 1 2. 3. Documentation that the individual or family meets the homeless definition in the HEARTH Act, Documentation of rent reasonab(eness, Documentation of client's reasonable prospects of resuming payment of rent and/or utilities, as applicable, within a reasonable time, 4. Evidence documenting receiving assistance housing/homelessness funding sources, and that the client is fi•om other rapid prevention agencies not re- or 5. Documentation supporting the type and amount of assistance pt•ovided, 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. Documentation that services are provided for eligible homeless and at risk of homelessness clients as defined in the HEARTH Act, and 2. Documentation that any staff costs and or relocation/stabi�lization services directly benefit the eligible individual and families and are clearly distinguished fi•om the general administration of the Program. 6.1.2 Performance Standards. Agency must verify that the Program is tracicing ESG activities and outcomes in accordance with the City's performance standards as described in Exhibit "G" - ESG Performance Standards. Data maintained in the HMIS or a comparable database is preferred. 6.2 Submission of Complete Documentation. Agency must submit copies of all eligibility verification documentation described in Section 6.1 with Attachmen� III in each month's Reimbursement Request for all Unduplicated Clients served for the first time, and must maintain copies of such documentation as required under this Contract. 7. Adclitional ESG Requirements. Agency agrees to comply with all requirements of the ESG Program as stated in the ESG Regulations, including but not limited to the following: ESG PSA CONTRACT 2013-2014 - SAFEHAVEN OF TARRANT COUNTY 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 cesult in a decision to proceed with, modify, or cancel the fiinding for the Progratn. Further, Agency will not tindertake or commit any filnds to physical or choice limiting actions as described in any applicable Federal regulations. Any violation of this provision will (i) cause this Contract to terminate iinmediately; and (ii) require Agency to repay to City the ESG Funds it has already received and forfeit any fiiture payments of ESG Funds. 7.1.2 Environmeutal Miti�ation. If applicable, Agency must tal<e the mitigation actions outlined in Exhibit "A-2" — Envii-oninent�l Mitigltion Actions. Failui•e to complete the required mitigation action is an event of default under this Contract. 7.2 Contract Not Constitutin� Commitment of Funds. Notwithstanding any provision of this Contt•act, the Parties agree and acl<nowledge that this Contract does not constitute a commitment of funds, and that such commitment of funds or approval may occur only upon (i) satisfactory completion of environmental review and receipt by City of an authorization to use grant fimds fi•om HUD under 24 CFR Part 58, (ii) approval of City's 2013-2014 Action Plan, and (iii) receipt by City of grant agceement fi•om HUD. 73 Monitorin�. 7.3.1 Agency understands and agrees that City will inonitor 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 term ends. Agency will provide reports and access to Progratn 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, 2014 and end on September 30, 2019 regardless of whether or not this Contract is earlier terminated. 7.3.2 Representatives of City, HUD, and the United States Comptroller General shall have access during regular business hours, upon 48 hours prior notice, to Agency's offices and records pertaining tb the use of the ESG Funds, and to Agency's officeis, directors, agents, employees, contractois, subcontractors and vendors for the purpose of such monitoring. 7.3.3 1n addition to other provisions of this Contract regarding fi�equency of monitoring, City ��eserves the right to perform deslc reviews or on-site monitoring of Agency's compliance with the teims and conditions of this Contcact. After each monitoring visit, City shall provide Agency with a written report of the monitor's findings. If the inonitoring report notes deficiencies in Agency's performance, the report shall include requirements foc the timely correction of said deficiencies by Agency. ESG PSA CONTRACT 2013-2014 - SAFEHAVEN OF TARRANT COUNTY $ Failure by Agency to take the action specified in the monitocing report may be cause for suspension or tecmination of this Contract as provided herein. 7.3.4 Agency agrees to likewise monitor the effectiveness of the seivices and worl< to be performed by its contractors, subcontractocs and vendors. 7.3.5 This Section 7.3 shall survive the eaclier termination or eYpiration of this Contract. 7.4 A�ency Procurement Standards. Agency shall comply with all applicable fede��al, state and local laws, regulations, and ordinances foc making procurements under this Contract. Agency shall establish procurement proceduces to ensure that materials and services are obtained in a cost effective manner. When procuring services to be provided tu�der 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 Priucinles/Cost Reasonableness. Agency shall administer its use of ESG Funds in compliance with OMB Circula�• A-122, "Cost Principles for Non-Profit Organizations", as ainended from tilne to time. The allowability of costs incurred for performance rendered shall be determined in accordance with OMB Circular A-122 as supplemented by the provisions of this Contract. 7.6 Accountin� Standards. Agency agrees to comply with OMB Circular A-110, "Unifoim Administrative Requirements for Grants and Agceements with Institutions of Higher Education, Hospitals and other Non-Profit Organizations", and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessaiy supporting and back-up documentation for all costs incurred. 7.7 Uniform Administrative Requirements. Agency will coinply with the Uniform Adininistrative Requirements set forth in 24 CFR Part 57.502 or any reasonably equivalent procedures and requirements that City may require. 7.8 Terms Applical�le to Contractors, Subcontractors ancl Vendors. ` Agency undeistands and agrees that all terms of this Contract, whether regulatoiy or otherwise, shall apply to any and all contractors, subcontcactors and vendois of Agency which are in any way paid with ESG Funds or who perform any worlc in connection with the Peogram. Agency shall cause all applicable provisions of this Contract to be inclttded in and made a part of any contract or subcontract executed in the performance of its obligations hereunder including its obligations regarding the ESG Regulations. Agency shall monitor the services and work performed by its cont��actors, subcontractors and vendors on a regulac basis for compliance with the ESG Regulations and Contract provisions. Agency must cure all violations of the ESG Regulations committed by its contractois, subcontractocs or vendors. City maintains the right to insist ESG PSA CONTRACT 2013-2014 - SAFEHAVEN OF TARRANT COUNTY 9 on Agency's fi�ll compliance with the teims of this Contract and the ESG Regulations and Agency is responsible for such compliance regardless of whether actions taken to fulfill the reqtiicements of this Contract are talcen by Agency or by Agency's contractors, subcontractois or vendors. Agency acknowledges that the pt•ovisions of this Section shall survive the earlier tet•mination or expiration of this Contract. 7.9 Copyri�ht and Patent Ri�hts. No repo►•ts, maps, or other documents produced in whole or in paet under this Contract shall be the subject of an application for copyright by or on behalf of Agency. HUD and City shall possess all rights to invention or discovery, as well as rights in data, which may arise as a result of Agency's performance under this Contract. 8. RECORD KEEPING; REPORTING AND DOCUM�NTATION REQUIREMENTS; AUDIT. 8.1 Record Keepin�. Agency shall maintain a record-keeping system as part of its performance of this Contract and shall promptly provide City with copies of any document City deems necessaiy for the effective fulfillment of City's monitoring and evaluation responsibilities. Specifically, Agency will keep or cause to be lcept an accurate record of all actions talcen and all fi�nds spent, with supporting and bacic-up documentation. Agency will maintain all records and documentation related to this Cont�•act for 5 years after the Contract term ends. If any claim, litigation, or audit is initiated before the expiration of the 5 year period, the relevant records and docutnentation must be retained until all such claims, litigation or audits have been cesolved. For purposes of this Contract, this 5 year period for record retention is deemed to begin on October 1, 2014 and end on September 30, 2019 rega�•dless of whether or not this Contract is earlier tet•minated. 8.2 Access to Recorcis. City and any duly authorized officials of the Federal govet•nment will have full access to, and the right to examine, audit, copy, excet•pt and/or transcribe any of Agency's records pertaining to all matters covered by this Contract for 5 years after the Contract tet•m ends. Such access shall be during regular business hours and upon at least 48 hours prior notice. For purposes of this Contcact, this 5 year period fo�• access to t•ecords is deeined to begin on October 1, 2014 and end on September 30, 2019 regardless of whether oc• not this Contract`is earlier teiminated. 8.3 Repo�•ts. Agency will submit to City all reports and documentation described in this Contract in such form as City may prescribe. Agency may also be required to submit a final perfocmance 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 presc�•ibe. Failure to submit to City any report or documentation described in this Contract shall be an event of default of this Contract and City may exercise all of its remedies for default under this Contract. ESG PSA CONTRACT 2013-2014 - SAFEHAVEN OF TARRANT COUNTY 1 O 8.4 Chan�e in Repoi-tin� Requii•ements and Forms. City retains the right to change reporting requirements and forms at its discretion. City will notify Agency in writing at least 15 days prior to the effective date of such change, and the Pacties shall execute an amendment to the Contract reflecting such change if necessacy. 8.5 Audit. 8.5.1 Entities that Expend $500,000 or more in Fecleral 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 �scal years ducing which this Contract is in force. The audit must be prepared by an independent certified public accountant, be completed within 6 months following the end of the period being audited and be submitted to City within 30 days of its completion. Agency's audit cer•tification is attached hereto as EYhibit "C" —"Audit Certification Form" and "Audit Requirements". The Audit Certi�cation Form must be submitted to City prior to or with the first Reimbursement Request. Entities that expend less than $500,000 a year in Federal funds are exempt fi•om Federal audit requirements for that year, but records must be available for review or audit by appropriate officials of the Federal agency, City, and General Accounting Office. 8.5.2 Citv Reserves the Ri�ht to Audit. City resec•ves 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 yeacs 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 Cont�•act, 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 tecminated. If such audit reveals a questioned practice or expenditure, such questions mttst be resolved within 15 business days after notice to Agency of such questioned p�•actice ot• expenditure. If questions are not resolved within this period, City reserves the right to withhold fiu•ther 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 TH� 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 Reimbucsement Request shall be received by the City on day of the month following the month expenses were paid by Agency. Reimbuisement Request for Jw�e expenses must be received by July I S or before the 15`�' For exa�nple, the . In the event the ESG PSA CONTRACT 2013-2014 - SAFEHAVEN OF TARRANT COUNTY 1 1 � 15th falls on a weekend or City holiday, Reimbucsement Requests shall be due the neYt day that the City is open foc business. Failure to subtnit a Reiinbursement Request in a timely fashion will cesult in City taking the actions outlined in Section 10.1. NOTWITHSTANDING ANYTHING ABOVE, EXPENSES FOR SEPT�MBER 2014 MUST BE RECEIVED BY SEPTEMBER 20, 2014. FAILURE TO SUBMIT A FINAL REIMBURSEMENT REQUEST BY SEPTEMBER 20, 2014 WILL RESULT IN AUTOMATIC FORFEITURE OF PAYMENT OF THE SEPTEMBER REIMBURSEMENT REQUEST. 9.2 Agency shall provide City with Complete Documentation and the following reports as shown in Exhibit "D" — Reimbursement Foi•ms with each Reimbursement Request: 9.2.1 Attachment I — Invoice. This ceport shall contain the amount requested for reimbursement each month, the cumulative reimbursement requested to date (incliisive of that month's request), and must be signed by an authorized signatoiy of Agency. By signing Attachment I, Agency is certifying that the costs a��e valid, eligible, consistent with the terms and conditions of this Contract, and the data contained in the report is true and correct. This report must be submitted even if Agency is requesting $0 for a particular month. 9.2.2 Attachment II — Expenditure Worlcsheet. This repot�t shall itemize each expense requested for reimbursement by Agency and shall include the Account corresponding the eYpense to a Budget line item in Attacl�ment II. In order for this report to be complete the following must be submitted: 9.2.2.1 For payroll expenses, timesheets signed by employees and approved by supervisor for all payroll expenses listed. Timesheets Inust distinguish between ESG-funded time and non-ESG funded time and reflect actual time spent on ESG- funded activities. 9.2.2.2 For non-payroll expenses, invoices for each expense listed with an explanation as to how the invoiced expense pertains to the Program. 9.2.2.3 Proof that each expense was paid by Agency, which proof car� be satisfied by cancelled checl<s, wire transfer documentation, paid receipts oc other app��opriate banking documentation. 9.2.3 Attachment III — Client Data Report. This repo�•t shall list each Unduplicated Client setved 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 co►nplete the following must be submitted: ESG PSA CONTRACT 2013-2014 - SAFEHAVEN OF TARRANT COUNTY 12 9.2.3.1 Docutnentation of income verification for each Unduplicated Client the first time he or she is served, which will either be the Soucce Documentation described in Section 6.1 or the coinpleted form attached hereto as EYhibit "E"- Form of Income Self Certification. 9.2.3.2 Agency may use the form attached hereto as EYhibit "I" — Staff ESG Certification Foi•m to verify client eligibility as described in Section 6.1. 9.2.4 Match Report. This report shall document actual expenditure of match funds, as further described in Section 5.5 9.2.5 HMIS Report. Agency shall submit an HMIS report at least quarterly to document Agency's participation in the local Continuum of Care's HMIS. 9.3 Withholdin� Paymeut. CITY HAS NO OBLIGATION TO MAI�E PAYMENT ON ANY REIMBURSEMENT REQUEST THAT IS NOT RECEIVED BY THE DUE DATE. Failure to timely submit Reimbursement Requests and Coinplete Documentation along witli �ny required reports shall be an event of default. 10. DEFAULT AND TERMINATION. 101 Failure to Submit Required Documentation 10.1.1 If Agency fails to submit a Reimbursement Request, or if the submitted Reimbuiseinent Request is incomplete or otherwise not in compliance with this Contract or ESG Regulations as deteimined 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 fi�om the date of the written notice to submit or resubmit any such Reitnbursement Request to cure the default. If Agency fails to cure the default within such time, Agency shall forfeit any payinents otherwise due that month. 10.1.2 NOTWITHSTANDING THE PROVISIONS OF SECTION 10.11, IF AGENCY FAILS TO SUBMIT THE FtEIMBURSEMENT REQUEST DUE SEPTEMBER 20, 2014, OR IF THE SUBMITTED REIMBURSEMENT REQUEST FOR SEPTEMBER 20, 2014 IS LATE, INCOMPLETE OR OTHERWISE NOT IN COMPLIANCE WITH THIS CONTRACT OR ESG REGULATIONS AS DETERMINED BY CITY IN ITS SOLE DISCRETION, THERE WILL BE NO CURE PERIOD AND ANY REIMBURSEMENT WILL BE AUTOMATICALLY FORFEITED. ESG PSA CONTRACT 2013-2014 - SAFEHAVEN OF TARRANT COUNTY 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 or uncured, under such Section, City reserves the right at its sole option to terminate this Contract effective immediately upon written notice of such intent with no penalty or liability to City. 10.1.4 Notwithstanding anything to the contrary herein, City will not be required to pay any ESG Funds to Agency during the period that any Reimbuisement Request, report or documentation is past due or is not in cotnpliance 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 Linder 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 fii►•ther right to such fiinds. 10.2 Failure to Maintain Records or Submit Reports and Documentation. If Agency fails to maintain all records and documentation as required in Section 8, or if the maintained or a submitted report or documentation is not in compliance with this Contract or the ESG Regulations as determined by City in its sole discretion, City will notify Agency in writing and Agency will have 30 calendar days fi•om the date of the written request to obtain or recreate the missing records and documentation or submit or resubmit any such report or docutnentation to City. If Agency fails to lnaintain the required reports or documentation, or fails to submit or resubmit any such �•eport or documentation within such time, City shall have the right to terininate 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 puisuant to this Contract shall be immediately forfeited and Agency shall have no further right to such fiinds, and any ESG Funds paid to Agency must be repaid to City within 30 days of teimination. If such ESG fi�nds 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 �mless specifcally prc�vided otherwise in this Contract, Agency shall be in default under this Contcact if Agency breaches any term or condition of this Contract. In the event that such a breach remains lmcured 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 wt�itten 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 immediately upon written notice of such intent to Agency, or (iii) pucsue any othec legal remedies available to City. ESG PSA CONTRACT 2013-2014 - SAFEHAVEN OF TARRANT COUNTY 14 10.3.1 In the event of terinination under this Section 10.3, all ESG Ftinds awarded but unpaid to Agency pursuant to this Contract shall be immediately focfeited and Agency shall have no further right to such funds, and any ESG Funds already paid to Agency must be repaid to City within 30 days of the ter•mination. If such ESG funds are not repaid to City within the 30 day period, City shall exercise all legal remedies available under this Conh�act. 10.4 No Funds Disbursed while in Bi•each. Agency undeistands and agrees that no ESG Funds will be paid to Agency until all defaults a�•e cured to City's satisfaction. 10.5 No Comnensation After Date of Termination. Agency shall not receive any compensation for work undertalcen after the date of the teimination. 10.6 Ri�hts of Citv Not Affected. Termination shall not affect or ter•minate any of the existing rights of City against Agency, or which may thereafter accrue because of Agency's default. Such termination does not terminate any provisions of this Contract that have been expressly noted as surviving the term or termination of the Contract. 10.7 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 Contcact teims may result in civil, criminal or administrative penalties, including, but not limited to those set out in this Contcact. 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 Contract for cause, all ESG Funds awarded but unpaid to Agency pursuant to this Conh�act shall be immediately �•escinded and Agency shall have no further right to sucl� funds and any ESG Funds already paid to Agency must b� repaid to City within 30 days of termination. Failut•e to repay such ESG Funds within 30 days will result in City exercising all legal remedies available to City under this Contract. AGENCY ACKNOWLEDGES AND AGREES THAT IF CITY TERMINATES THIS CONTRACT FOR CAUSE, AGENCY OR ANY AFFILIATES OF AGENCY SHALL NOT BE CONSIDERED FOR ANY OTHER CITY CONTRACT FOR ESG FUNDS FOR A MINIMUM OF TERMINATION. 5 YEARS FROM THE DATE OF 10.9.2 Agency may terminate this Contract if City does not provide the ESG Funds substantially in accocdance with this Contract. ESG PSA CONTRACT 2013-2014 - SAFEHAVEN OF TARRANT COUNTY 15 10.10 Termination for Convenience. In terminating in accordance with 24 C.F.R. 85.44 this Contract may be terminated in whole or in part only as follows: 10.10.1 By City with the consent of Agency in which case the Parties shall agree upon the termination conditions, including the effective date and in the case of partial termination, the portion to be terminated; or 10.10.2 By the Agency upon written notification to City, setting forth the reasons for such termination, the effective date, and in the case of partial tet•mination, the portion to be terminated. In tl�e case of a partial termination, City inay 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 dissolved or ceases to exist, this Contract shall terminate. In the event of teimination under this Section, all ESG Funds are subject to repayment and/or City may exercise all of its remedies tmder this Contract. 10.12 Reversion of Assets. In the event this Contract is terminated with or withotrt 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 t�eceivable 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 requireinents as set out in this Contract or in the ESG Regulations. If Agency talces any action thnt results in the City being required to i•epay all or any portion of the ESG Funds to HCTD, Agency agrees it will rei�nburse City for such repayment. If Agency talces any action that results in City receiving a finding f�•om 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 Fwids as liquidated damages. The Parties agree that City's damages in the event of either repayment to HUD being reQuired or receiving a finding fi•om HUD are uncertain and would be difficult to ascertain and may include an impact on City's ESG grant or other Federal grant funds, in addition to a finding by HUD or a repayment of fimds 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 - SAFEHAVEN OF TARRANT COUNTY 16 12. CHANGE IN NON-PROFIT STATUS. If the non-profit status of Agency changes after the date of this Contract, City may but is not obligated to, terminate this Contract. Agency must provide City with written notification of any changes to its non-profit status within 15 calendar days of being notified of the change. City has 30 calendar days to make such determination after receipt of notice fi•om Agency and failtme to make such determination will constitute a waiver. In the event of teimination under this Section 12, all ESG Funds awarded bLit unpaid to Agency pursuant to this Contract shall be immediately forfeited and Agency shall have no further right to such fiinds. Any ESG Funds already paid to Agency must be repaid to City within 30 calendar days of termination. 13. SURVIVAL. Any provision of this Contract that pertains to auditing, monitoring, client income eligibility, record keeping and reports, City ordinances, or applicable ESG requirements, and any default and enforcement provisions necessary to enforce such provisions, shall survive the termination of this Contract for 5 years after the Contract term ends and shall be enforceable by City against Agency. For purposes of this Contract, this 5 year period for survival of certain Contract provisions is deemed to begin on October 1, 2014 and end on September 30, 2019 regardless of whether or not this Contract is earlier terminated. 14. GENERAL PROVISIONS 14.1 Agency an Iudepencient Contractor. Agency shall operate hereunder as an independent contractor and not as an officer, agent, servant o�• employee of City. Agency shall have exclusive control of, and the exclusive right to control, the details of the wot•k and services performed hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, members, agents, servants, employees, contractois, subcontractors, vendors, clients, licensees or invitees. 14.2 Doctrine of Responcieat Superior. The doctrine of respondeat superior shall not apply as between City and Agency, or its officers, members, agents, servants, employees, contractors, subcontractors, vendoes, clients, licensees or invitees, and nothing herein shall be construed as creating a pattnership or joint enterprise between City and Agency. CYty does not have the legal right to control the details of the tasks perfo�•med hereunder by Agency, its officers, members, agents, employees, contractois, subcontractors, vendors, clients, licensees o�• invitees. 14.3 A�ency Property. City shall under no circumstances be responsible for any propei�ty belonging to Agency, or its officers, Inembers, agents, employees, contractors, subcontractors, vendors, clients, licensees or invitees t11at may be lost, stolen or destroyed or in any way damaged and AGENCY HEI2EBY INDEMNIFIES ANL� HOLDS HARMLESS CITY AND ITS OFFICERS, AGENTS, AND EMPLOYEES FROM ANY AND ESG PSA CONTRACT 2013-2014 - SAFEHAVEN OF TARRANT COUNTY 17 ALL CLAIMS OR SUITS P�RTAINING TO OR CONNECTED WITH SUCH PROP�RTY. 14.5 Reli�ious Or�anization. No portion of the ESG Funds shall be used in suppoct of any sectarian or religious activity. In addition, there must be no religious or membeiship criteria for clients of an ESG-funded service. 14.6 Venue. Venue for any action, whether real or asserted, at law or in equity, arising out of the execution, performance, attempted performance or non-performance of this Contract, shal( lie in Tarrant County, Texas. 14.7 Governiu� 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 asset�ted, at law or in equity, arises out of the execution, perfoimance or non-performance of this Contract or on the basis of any provision herein, for any issue not governed by Federal law, the choice of law shall be the laws of the State of Texas. 14.8 Severability. The provisions of this Cotltract ace severable, and, if for any reason a clause, sentence, paragraph or other part of this Contract shall be determined to be invalid by a court or Federal or state agency, board or commission having jurisdiction over the subject matter thereof, such invalidity shall not affect other provisions which can be given effect without the invalid provision. 14.9 Written A�reement Entire Contract. This written instrument and the Exhibits, Attachznents, and Addendums attached hereto, which are incorporated by reference and made a part of this Contract for all purposes, constitute the entire agreement by the Parties hereto concerning the work and services to be performed under this Contract. Any prior or contemporaneous oral or written agreement, which purpoi•ts to vaiy the tet•ms of this Contract, shall be void. Any atnendments to the terms of this Contract must be in writing and must be executed by each Party to this Contract. `14.10 Para�raph Hendin�s for Reference Only, l�o Le�al Si�nificance; Number ancl Genclei•. The paragcaph headings contained herein are for convenience in reference to this Contract and are not intended to define or to liinit the scope of any provision of this Contract. When context requires, singular nouns and pronouns include the plural and the masculine gender shall be deemed to include the feminine or neuter and the neuter gendei• to include the masculine and feminine. The words "include" and "including" whenever used het•ein shall be deemed to be followed by the wocds "without limitation". ESG PSA CONTRACT 2013-2014 - SAFEHAVEN OF TARRANT COUNTY 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 curcently in effect or that are hereafter amended during the performance of this Conh�act. Those laws include, but are not limited to: � E E 0 i: 0 1] E ➢ Title VI of the Civil Rights Act of 1964 (42 U.S.C. Sections 2000d et seq.) ➢ ESG Regulations found in 24 CFR Paet 576. ➢ Subtitle B of Title IV of the the McKinney-Vento Homeless Assistance Act, as amended, (42 USC 11371) including provisions eequi�•ing recipients of federal assistance to meaningfi�l access by person of limited English proficiency The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 Sections 3601 etseq.) Executive Ordeis 11063, 11246 as amended by 11375 and 12086 ensure U.S.C. and as supplemented by Department of Labor regulations 41 CFR, Part 60 ➢ The Age Discrimination in Employment Act of 1967 ➢ The Age Discrimination Act of 1975 (42 U.S.C. Sections 6101 et seq.) ➢ The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. Sections 4601 et seq. and 49 CFR Part 24) ("URA") ➢ Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. Sections 794 et seq.) and 24 CFR Part 8 where applicable ➢ National Environmental Policy Act of 1969, as amended, 42 U.S.C. sections 4321 et seq. ("NEPA") and the related authorities listed in 24 CFR Part 58. ➢ The Clean Air Act, as amended, (42 U.S.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 ll738. In no event shall any amount of the assistance provided under this Contract be utilized with respect to a facility that has given rise to a conviction under the Clean Air Act or the Clean Water Act. Immigration Reform and Contt•ol Act of 1986 (8 U.S.C. Sections ll O1 et seq.) specifically including the provisions requiring employer verifcations of legal status of its employees The Americans with Disabilities Act of 1990 (42 U.S.C. Sections 12101 et seq.), the Architectural Barrieis Act of 1968 as amended (42 U.S.C. sections 4151 et seq.) and the Uniforin Federal Accessibility Standards, 24 CFR Part 40, Appendix A Regulations at 24 CFR Pat•t 87 related to lobbying, including the requirement that certifications and disclosui•es be obtained fi•om all covered peisons Drug Free Workplace Act of 1988 (41 U.S.C. Sections 701 et seq.) and 24 CFR Part 23, Subpart F Executive Order 12549 and 24 CFR Part 5.105(c) pertaining to restrictions on pacticipation by ineligible, debarred or suspended persons or entities Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovety Act ➢ Guidelines of the Enviconmental Protection Agency at 40 CFR Part 247 ➢ For contcacts and subgi•ants foe construction or repair, Copeland "Anti- Kickback" act (18 U.S.C. 874) as supplemented in 29 CFR Part 5 ESG PSA CONTRACT 2013-2014 - SAFEHAVEN OF TARRANT COUNTY 19 ➢ For construction contracts awarded by Agency in excess of $2,000, and in excess of $2,500 foc other contracts wllich involve the employment of mechanics or laborers, Sections 103 and 107 of the Contract Work Hou�s and Safety Standards Act (40 U.S.C. 327A 300) as supplemented by 29 CFR Part 5 ➢ Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et sec�.), as amended by the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851 et seq.) and implementing regulations at 24 CFR Part 35, subparts A, B, M, and R ➢ Unifocm Administration Requirements of 24 CFR Part 85 14.11 HUD-Assisted Proiects and Employment �tncl other Economic Opportunities; Section 3 Requirements. 14.11.1 Requiremeut that Law Be Quoted in Covered Contracts. — Certain Requirements Pe�•tainin� to Section 3 of the Housing and Urban Development Act of 1968 as Ameuded (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 netiv employment, training, or contracting opportunities on a contractor ot• subcontractor level resulting from the expenditure of the ESG Funds, Agency shall comply with the following and will ensure that its contractors also comply. If the work performed under this Contract is on a project assisted under a program providing direct Federal financial assistance from HUD, Section 3 of 24 CFR 135.38 ("Section 3") requires that the following clause, shown in italics, be inserted in all covered contracts ("Section 3 Clause"): Section to be quoted in covel•ed contracts begins: "A. The work to be perfor�ned under this contract is subject to the i�equirements of Section 3 of Housing anc� Urban Developme�t Act of 1968, as amended, 12 U. S. C. section 1701 u(Section 3). The pZiNpose of Section 3 is to ensarre that employment and other economzc opportZrnzties geneNated by HZID assisted or HUD-assisted progNams coveNed by Section 3, shall to the greatest extent feaszble, be di�ected to low- ancl very-low inconae pe��sons, particatlarly per�sons who a��e recipients of HUD assistcrnce for housi�g. ` 13. The parties to this contract agree to comply with HUD's regzrlations in 24 CFR Part 135, which implement Section 3. As evidenced by theif° execzrtion of this contract, the parties to this contract cert� that they are zrnc�er no contractual o�� othe�^ impediment that wozrlc� prevent them fi�on� complying wrth the Prn°t 135 regzrlations. C. The contractor agrees to send to each labor organization or rep��esentative of workei•s with which it has a collective ba�•gaining crgreement or other understanding, if any, a notice advising the labor organization or workers' i�epresentatives of the contracto��'s commit»�ents irnder this Section 3 clazise and will post copzes of the notice in co�spicuous places at the ���ork site where both employees and applica�ts ESG PSA CONTRACT 2013-2014 - SAFEHAVEN OF TARRANT COUNTY � fof° tr•aining and employment positio�s can see the notice. The notice shall describe the Section 3 preference, shall set fof�th minimz�m nznnber ancl job titles s2rbject to hiNe, availability of app��entice and training positzons, the qzialifications for each; and the name and location of the pei•son(s) taking applications for each of the positions; and the crnticipated clate the wo�•k shall begin. D. The contracto�� ag��ees that it tivill include this Section 3 clause in every sztbcont�°act to conaply ��ith regz�lation zn 24 CFR Par� 135, and agrees to take appT^opriate action, as p1°ovided zn an applzcable pi�ovzsion of the sarbcorrtract or in thrs Section 3 cicra�se, arpon frnding that the sarbcontf•actor is in violation of the regzrlations in 24 CFR Part 135. The cont��acto� will not subcontract with any subcontractor where it has notice ot• knowledge that the sarbcontracto�� has been foz�ncl in violation of ��egulations in� 24 CFR 135. E. The cont��acto�� tivzll cert� that any vacarrt employ»�ent positions, including training positions that are frled: (1) after the contractor is selected but before the contract is e�ecuted, and (2) with persons other than those to whom the regzrlations of 24 CFR Part 135. The cont�°actor will not subcontract with arry subcont��actor where it has notice or knowledge that the szrbcontractor has been fozrrrd in violation of regulations in 2� CFR 135. F. Noncompliance tivith HZTD's regarlation in 24 CFR Part 135 may result in sanctions, termination of this contract for defazrlt, arrd debarment or szrspension fi°o»� firtzrre HUD assisted contracts. G. With respect to work pei fo�inecl rn connection wrth Section 3 cove��ecl Indicrn hoz�sing assistance, section 7(b) of the Indian Self- Determination nnc� Eclarcation Assistance Act (25 U.S C. section 450e) also applies to the work to be performec� zrncle�^ this Contract. Section 7(b) f�eqzri�°es that to the greatest extent feasible (i) p��eference ancl opportunities for ti�aining and employn�eht shall be given to Inclians, a�td (ii) pNeference zn the avvard of cont�•acts anc� szrbcont�°acts shall be given to In�'ian organizations and Indian-owned Economic EnterpNrses. Parties to this contract that ai�e szrbject to the provisions of Section 3 and Section 79b) agree to comply �vith Section 3 to the maximzrm extent feasible, bart �ot zn derogatzon of con�pliance wath Section 7(b). " Section to be quoted in covered contracts ends. 14.11.2 A�ency Responsibilities fo�• Section 3 Requirements. City and Agency undeistand and agree that compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of HUD shall be a condition of the Federal financial assistance provided to the Program binding upon City and Agency, and their respective successors, assigns, contractocs and subcontractois. Failure to fulfill these requirements shall subject Agency and its contractors and subcontractors and their respective successors and assigns to those sanctions specified by the grant agreement through which Federal assistance is provided and to such sanctions as are specified by 24 CFR Part 135. Agency's responsibilities include: ESG PSA CONTRACT 2013-2014 - SAFEHAVEN OF TARRANT COUNTY 21 14.112.1 Implementing pcocedures to notify Section 3 residents and business concerns about training, employmetit, and contracting opportunities generated by Section 3 covered assistance; 14.11.2.2 Notifying potential contractors worlcing on Section 3 covered projects of their responsibilities; 14.11.2.3 Facilitating the t��aining and employment of Section 3 residents and the awa�•d of contracts to Section 3 business concerns; 14.11.2.4 Assisting and actively cooperating with the HED Department in tnalcing contractors and subcontractors comply; 14.11.2.5 Refi•aining fi•om entering into contracts with contractors that are in violation of Section 3 regulations; 14.11.2.6 Documenting actions talcen to comply with Section 3; and ) 14.11.2.7 Submitting Section 3 Annual Summaiy Reports (form HUD-60002) in accordance with 24 CFR Part 135.90. 14.11.3 Section 3 Reportin� Requirements. In order to comply with the Section 3 requirements, Agency must submit the forms attached hereto as Exhibit "J" - Section 3 Reporting Fo�•ms. 14.11.3.1 Report to the City on a quarterly basis all applicants for employment, and all applicants for employment by contractors and any subcontractors. This shall include name, address, zip code, date of application, and status (hired/not-hired) as of the date of the t•eport. 14.11.3.2 Advertise available positions to the public for open competition, and provide docum�ntation to City with the quarterly cepoct that detnonstcates such open advertisement, in the form of printout of Texas Workforce Commission posting, copy of newspaper advertisement, copy of flyers and listing of locations whei•e flyers were distributed, and the like. 14.11.33 Repot•t to the City on a quartecly basis all contracts awarded by contractors and any subcontractors. This shall include name of contractor and/or subrontcactor, address, zip code, and amount of award as of the date of the repoct. ESG PSA CONTRACT 2013-2014 - SAFEHAVEN OF TARRANT COUNTY 22 1�.12 Prohibition A�ainst Discrimination. 14.12.1 General Statemeut. Agency, in the execution, performance or attempted performance of this Contract, shall comply with all non-discrimination cequirements of 24 CFR Part 5 as modified by 24 CFR 576.57(a) and the ordinances codified at Chapter 17, Article III, Division 4— Fair Housing of the City Code. Agency may not discriminate against any pe�son because of race, color, sex, gender, �•eligion, national origin, fatnilial status, disability or perceived disability, sexual o►•ientation, gender identity, gender eYpression, or transgender, nor will Agency permit its officers, meinbers, agents, employees, or clients to engage in such discriinination. This Contract is made and entered into with reference speci�cally to the ordinances codified at Chapter 17, Article III, Division 3- Employinent P�^actices of the City Code, and Agency hereby covenants and agrees that Agency, its officeis, members, agents, employees and contractors, have fiilly complied with all provisions of same and that no employee, or applicant for employment has been discriminated against under the terms of such or•dinances by either or its officers, members, agents, employees or contractors. 1412.2 No Discrimination in Employment clurin� the Performance of This Contract. During the performance of this Contract Agency agrees to the following provision, and will require that its contractois and subcontractois also comply with such provision by including it in all contracts with its contractors: [Contractor or subconti^actor's name] will not unlawfiilly discriininate against any employee or applicants for employlnent because of race, color, sex, gender, religion, national ot•igin, familial status, disability or perceived disability, sexual orientation, gender identity, gender expression or transgender. Agency will take affirinative action to ensure that applicants are hired without regard to race, color, sex, gender, celigion, national origin, familial status, disability or perceived disability, sexual orientation, gender identity, gender expression or transgender and that employees are treated fairly dui•ing employment without regard to their race, color, sex, gender, religion, national origin, familial status, disability or perceived disability, sexual orientation, gender iderttity, gender expression or transgender•. Such action shall include, but not be limited to, the following: employlnent, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or te►•mination, rates of pay or othec forms of compensation, and selection for training, including apprenticeship. Agency agrees to post in conspicttous places, available to employees and applicants for employment, notices setting forth the pi•ovisions of this nondiscrimination clause. [Co�tr�actoi� oi^ satbco�t�^actof°'s name] will, in all solicitations or advertisements for employees placed by or on behalf of Agency, state that all qualified applicants will receive consideration for employment without cegard to race, color, seY, gender, religion, national origin, familial status, disability or perceived disability, sexual orientation, ESG PSA CONTRACT 2013-2014 - SAFEHAVEN OF TARRANT COUNTY 23 gendet• identity, gender expression or tcansgender. [Conh°actof• or sifbcontj�actor's name] covenants that neither it nor any of its officeis, members, agents, employees, or contractors, while engaged in performing this Contract, shall, in connection with the employment, advancement oc discharge of employees or in connection with the terms, conditions or privileges of their employment, discc•iminate against persons because of their age or because of any disability or perceived disability, except on the basis of a bona fide occupational qualification, retirement plan or statutory requiretnent. [Contractoi^ or satbco�tractoi°'s na��e] fiirther covenants that neither it nor its officers, membeis, agents, employees, contractors, or pelsons acting on their behalf, shall specify, in solicitations or advertisetnents fo�� employees to work on this Contract, a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan or stahitoiy 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 contractors. AGENCY WARRANTS IT WILL FULLY COMPLY WITH ADA'S PROVISIONS AND ANY OTHER APPLICABLE FEDERAL, STATE AND LOCAL LAWS CONCERNING DISABILITY AND WILL DEFEND, INDEMNIFY AND HOLD CITY HARMLESS AGAINST ANY CLAIMS OR ALLEGATIONS ASSERTED BY THIRD PARTIES OR CONTRACTORS AGAINST CITY ARISING OUT OF AGENCY'S AND/OR ITS CONTRACTORS', AGENTS' OR EMPLOYEES' ALLEGED FAILURE TO COMPLY WITH THE ABOVE-REFERENCED LAWS CONCERNING DISABILITY DISCRIMINATION IN THE PERFORMANCE OF THIS CONTRACT. 14.13. Prohibition A�ainst Interest / Conflict of Interest. 14.13.1 Agency shall establish safeguards to prohibit its employees, board members, advisots and agents fi•om using positions for a pt�r•pose 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 discoveiy of such. 14.13.2 No peisons who are employees, agents, consultants, officers or elected officials or appointed officials of City or of Agency who exercise or have exercised any fi�nctions or responsibilities with respect to activities assisted with ESG funds or who are in a position to participate in� a decision-making process or gain inside information with regard to these activities may utilize ESG services, may obtain a financial interest oi• ESG PSA CONTRACT 2013-201 �} - SAFEHAVEN OF TARRANT COUNTY 24 benefit fi•om a ESG-assisted activity, or have an interest in any conh�act, subcontract or agreement with respect thereto, oc the proceeds thereunder, either for themselves or those with whom they have family or business ties, during their tenLire or for 1 year thereafter, unless they are accepted in accocdance with the pcocedures set forth at 24 CFR 576.57(d). 14.13.3 Agency affirms that it will adhere to the provisions of the Texas Penal Code which prohibits bribery and gifts to public servants. 14.13.4 The conflict of inte��est provisions of 24 CFR Part 85.36 and 24 CFR Part 84.42, respectively, shall apply in the procurement of property and services by Agency. In all cases not governed by those sections, the provisions of 24 CFR 576.57(d) of the ESG Regulations shall apply. 14.14 Subcontj•actin� 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 Blisiness Enterprises and Small Business Enterprises and to provide them equal opportunity to compete for conri•acts for consh�uction, provision of professional services, p�u�chase of equipment and supplies and provision of other services required by City. Agency agrees to incorporate the City's BDE Ordinance, and all amendinents or successor policies or ordinances thereto, into all contracts and subcontracts foc procurement larger than $50,000.00 and will further t•equire 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 talcen to assure that DBEs, SBEs, MBEs, and WBEs are utilized when possible as sources of supplies, equipment, construction and services. 14.15 Other Laws. The failure to list any federal, state or City ordinance, law or regulation that is applicable to Agency does not excuse or relieve Agency from the requirements or responsibilities in regard to following the law, nor from the consequences or penalties for Agency's failure to follow the law, if applicable. 14.16 Assi�umeut. Agency shall not assign all or any part of its cights, privileges, or duties under this Contract without the prior weitten approval of Director. Any attempted assignment of same without approval shall be void, and shall constitute a breach of this Contract. 14.17. Ri�ht to Lispect A�ency Contracts. It is agreed that City has the right to inspect and approve in writing any proposed contracts between Agency and any contractor engaged in any activity in conjunction with this ESG-fi�nded Program prior to any charges being incur�•ed. ESG PSA CONTRACT 2013-2014 - SAFEHAVEN OF TARRANT COUNTY 25 14.18 Force Maieure If Agency becomes unable, either in whole or part, to fulfill its obligations under this Cont�•act due to acts of God, stcikes, lockouts, or other industrial disturbances, acts of public enemies, wars, blockades, insurrections, riots, epidemics, earthquakes, fires, floods, restraints or prohibitions by any court, board, depactment, 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 Majeiu�e 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 Majeut�e Event as soon as reasonably possible after the occurt•ence of the event. Failure to give notice will result in the continuance of Agency's obligation regardless of the extent of any existing Force Majeuce Event. Agency will use commercially reasonable efforts to remedy its inability to perform as soon as possible. 15. INDEMNIFICATION AND RELEASE. AGENCY COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND, AT ITS OWN EXPENSE, CITY AND ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE OR NONPERFORMANCE OF TffiS 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 �F 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 NEGLIGENC� 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 CLI�NTS, OR ESG PSA CONTRACT 2013-2014 - SAFEHAVEN OF TARRANT COUNTY 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 INJITRY, DAMAGE OR DEATH. AGENCY AGREES TO AND SHALL RELEASE CITY, EMPLOYEES, OFFICERS AND LEGAL REPRESENTATIVE ITS AGENTS, S FROM ALL LIABILITY FOR INJURY, DEATH, DAMAGE OR LOSS TO PERSONS OR PROPERTY SUSTAINED IN CONNECTION WITH OR INCIDENTAL TO PERFORMANCE UNDER THIS CONTRACT, EVEN IF THE INJURY, DEATH, DAMAGE OR LOSS IS CAUSED BY CITY'S SOLE OR CONCURRENT NEGLIGENCE. AGENCY SHALL I2EQUIRE ALL OF ITS CONTRACTORS, SUBCONTRACTORS 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 immimity or exemption (statutoty or otherwise) from and against liability for damages or injury, including death, to peisons or property, Agency hereby expressly waives its rights to plead defensively such immunity or exemption as against City. This section shall not be construed to affect a governmental entity's immunities under constitutional, statutoiy or common law. 17. INSURANCE AND BONDING. Agency will maintain coverage in the foim of insurance or bond in the amount of $85,065.00 to insure against loss fi•om the fraud, theft or dishonesty of any of Agency's officers, agents, trustees, directors or employees. The proceeds of such insurance or bond shall be used to �•eimburse City for any and all loss of ESG Funds occasioned by such inisconduct. To effectuate such reimbuisement, such fidelity coverage shall include a ridet• stating that ceimbursement foc any loss or losses shall name the City as a Loss Payee. Agency shall furnish to City in a timely manner, but not latec than the Effective Date, certificates of insurance as proof that it has secured and paid for policies of commercial ins�u•ance as specifiec! herein. If City has not received suc11 certificates by the Effective Date, Agency shall be in default of the Contcact and City may, at its option, ESG PSA CONTRACT 2013-2014 - SAFEHAVEN OF TARRANT COUNTY 27 terminate the Contcact. Such insurance sha(I cover all insurable cislcs incident to or in connection with the execution, performance, attempted performance or nonperformance of this Contcact. Agency shall maintain, or eequire its general contractor to tnaintain, the following coverage and limits thereo£ Colnmercial General Liability (CGL) Insurance $500,000 each occurrence $1,000,000 aggregate limit Non-Profit Or�anization Liability or Directors & Of�icers Liability $1,000,000 Each Occurrence $1,000,000 Annual Aggregate Limit Business Automobile Liabilitv 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 �vailability of the �bove coverage and �t the discretion of City, the policy shall be the primary responding insurance policy versus a personal auto insurance policy if or when in the cot►rse of Agency's business as conti•actecl herein. Workeis' Compensation Insurance Part A: Statutory Limits Part B: Etnployer's Liability $100,000 each accident $100,000 disease-each employee $500,000 disease-policy limit Note: Such insurance shall cover employees performing work on any and all projects including but not limited to construction, demolition, and rehabilitation. Agency or its contractots shall maintain coverages, if applicable. In the event the cespective contcactors do not maintain covecage, Agency shall maintain the coverage on such contractor, if applicable, for each applicable contract. Additional Requirements Such insurance amounts shall be revised upwacd at City's reasonable option and no more fi•equently than once every 12 months, and Agency shall revise such amounts within 30 days following notice to Contractor of such requirements. ESG PSA CONTRACT 2013-2014 - SAFEHAVEN OF TARRANT COUNTY 2$ Agency will submit to City documentation that it has obtained insurance covecage atld has eYecuted bonds as required in this Contcact prior to payment of any monies provided hereunder. Where applicable, insurance policies required herein shall be endorsed to inch�de City as an additional insured as its interest may appear. Additional insured parties shall include employees, officeis, agents, and volunteers of City. The Workeis' Compensation Insurance policy shall be endoised to include a waiver of subrogation, also referred to as a waiver of rights of recovery, in favor of City. Any failure on part of City to request certificate(s) of insurance shall not be construed as a waiver of such t•equirement or as a waiver of the insurance requirements theinselves. 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. Insttrers shal( be acceptable to City insofar as their financial strength and solvency and each such company shall have a current minimttm A.M. Best ICey Rating Guide rating of A-: VII or other equivalent insurance industry standard rating otherwise approved by City. Deductible limits on insurance policies shall not exceed $5,000 per occurrence unless otherwise approved by City. In the event there are any local, federal or other regulatory insurance or bonding requirements for the Prograin, and such requirements exceed those specified herein, the former shall pt�evail. Agency shall require its contractors to maintain applicable insurance coverages, liinits, 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. Directot•s and Officers Liability coverage shall be in force and may be provided on a claims-made basis. This coverage may also be referred to as Management Liability, and shall protect the insured against claims arising out of alleg�d errors in judgment, breaches of duty and wrongfill acts a�•ising out of their organizational duties. Coverage shall protect not only the entity, but all past, present and fi�ture directot•s, officei•s, trustees, employees, volunteers and committee membeis. ESG PSA CONTRACT 2013-2014 - SAFEHAVEN OF TARRANT COUNTY 29 18. CERTIFICATION REGAI2DING LOBBYING. The unde�signed representative of Agency hereby certifies, to the best of his or her lcnowledge and belief, that: No Federal appropriated fi�nds have been paid or will be paid, by or on behalf of Agency, to any person for influencing ot• attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress in connection with the awarding of any Federal contract, the making of any Fedei�al grant, the making of any Fede�•al loan, the entering into of any cooperative agreement and the eYtension, continuation, renewal, amendment, oe modification of any Federal conh�act, geant, loan or cooperative agreement. If any funds other than fedecally appropriated fiinds have been paid or will be paid to any person for influencing or attempting to influence an officer or etnployee of any agency, member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, Agency shall complete and submit Standard Form-LLL, "Disclosure Focm 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 malcing or entering into this Contract imposed by 31 U.S.C. Section 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000.00 and not more than $100,000.00 for each such failure. Agency shall require that the language of this certification be included in all subcontracts or agreements involving the expenditure of Federal fi�nds. 19. LITIGATION AND CLAIMS. Agency shall give City immediate notice in writing of any action, inclttding 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 sha(I provide a notice to City within 10 days upon filing ttnder any bantcruptcy or financial insolvency provision of law. 20. NOTICE. All notices required or permitted by this Contraet 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 pt•oper postage, certified mail return receipt requested; and addressed to the othec Party at the address set out below or at such otl�er acldress as the receiving Pacty designates by propec notice to the sending Party. ESG PSA CONTRACT 2013-2014 - SAFEHAVEN OF TARRANT COUNTY 30 c�ty: City Attot•ney's Office 1000 Throclanorton Street Fort Worth, TX 76102 Telephone: 817-392-7600 Copy to: Director of Housing and Economic Development 1000 Throckmocton Street Fort Worth, TX 76102 Telephone: 817-392-7540 Copy to: Development Project Coordinator — Housing and Economic Development 1000 Throcicmorton Str•eet Fort Worth, TX 76102 Telephone: 817-392-6342 A�encv: SafeHaven of Tarrant County Executive Director 8701 W. Bedford Euless Road Huist, TX 76053 817-535-6462 21. AGENCY HAS LEGAL AUTHORITY TO ENTER INTO CONTRACT. Agency represents that it possesses the legal authority, puisuant to any proper, appropriate and official motion, resolution or action passed or taken, to enter into this Contract and to perform the responsibilities herein required. 22. COUNTERPARTS. This Contract may be executed in multiple counterparts, each of which shall be considei�ed an original, but all of which shall constitut� one instrument which may be sufficiently evidenced by one counterpart. [SIGNATURES APPEAR ON NEXT PAGE] ESG PSA CONTRACT 2013-2014 - SAFEHAVEN OF TARRANT COUNTY 31 RY � � ; y�pti'( �� �� � �� o �'��'Z�o � � r -��. � `a iVESS WHEREOF, the Pai•ties hereto have executed 4 duplicate Conh�act in Fort Wo►•th, Tan�ant County, Texas. � V �� ��J,�"� � �': �� -�� � ;� %���� ity Secre M&C: C-26369 Date: August 6, 2013 CITY OF FO By: WORTH �f� Fernando Costa, Assistant City Manager APPROVED AS TO FO �AND LEGALITY: � , �"` ��('_���r .� �� _. ��Ut` %� �'�.� Assistant City Attoruey SAFEHAVEN OF TARRANT COUNTY C i v !_ L//.�!'�.�Lr'��:'�' STATE OF TEXAS § COUNTY OF TARRANT § This instiument was acicnowledged before me on � , 2013 by Fernando Costa, Assistant City Manager of the �ity of Fort Worth, on behalf the City of Fort Worth. _ �-Y� _ fvotarYP�b cA DaNeEosiexos ' A'.l��uJ� ;;;�,�F t�+<,c ►v1Y Commission Expires �,,,���,,..�' =�y l �, 2017 ����� r STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on `�'Y c`�. , the �',�Q of SafeHaven corporation, on behalf of said �oiporation. Public, State of Texas ���,fL��L1m�L�t� / 01 , 2013 by of Tarrant County, a Texas non-profit Notary Pubqic, State of Texas MARILYN J. MEADOR Notary Public, State of Texas My Commission Expires September 23, 2014 r� � � � 1 ` '' :� � i r ' r ESG PSA CONTRACT 2013-2014 — SAFEHAVEN OF TARRANT COUNTY 32 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 Certi�cation Form Exhibit "J" - Section 3 Reporting Forms ESG PSA CONTRACT 2013-2014 - SAFEHAVEN OF TARRANT COLJNTY 33 SafeHaven of Tarrant County SafeSolutions for Fort Worth PROGRAM SUMMARY Emergency Solutions Grant (ESG) October 1, 2013 to September 30, 2014 PERIOD $85,065.00 AMOUNT PROGRAM: The program will provide Fort Worth victims of domestic violence who become homeless with emergency shelter and supportive services. Program services may include case management, child care, supportive services, meals, and personal care items. ESG funds will be used to pay for salary, FICA, and fringe bene�ts of shelter staff. Main program of�ces are located at 8701 Bedford Euless Road, Suite 600, Hurst, Texas 76053. Program services will be available 24 hours a day. Addresses where Program services are provided cannot be released due to con�dentiality and risks related to domestic violence victims. REGULATORY CLAS5IFICATION: Service Category (if more than one category, specify amount for each): ESG Emergency Shelter Component Regulatory Citation(s): 24 CFR 576.102 For emergency shelter activities, Agency will maintain documentation that verifies that 100% clients served are homeless or at risk of homelessness based on the current HUD definitions. PROGRAM GOALS: Provide services to approximately 1200 Unduplicated Clients EXHIBIT A PROGRAM SUMMARY EXHIBIT A- ESG: SAFEHAVEN OF TARRANT COUNTY EXFIIBIT "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 .. C _ . . � . I EXHIBIT B- ESG: SAFEHAVEN OF TARRANT COUNTY FiJNDING A: HHSC F[JNDING B: CJD/OAG/OTHER GOV'T FIJNDING C: HUD / PRIVATE GRANTS 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) Child Care Aid Essential Svc-Shelter $10/hr 2080 100% $20,800 Child Care Aid Essential Svc-Sheiter $10/hr 2080 100% $20,800 Shelter Aid Essential Svc-Shelter $10/hr 2080 50% $10,400 Cook Essential Svc-Shelter 11.15/hr 2080 87% $20,102 Total $72,102 FRINGE DETAIL Percent of Payroll Amount Percent to Grant Amount to Grant FICA 7.65% $3,978 100% $3,978 Life Insurance 1°/a $520 98.5% $512 Health Insurance 15% $7,825 100% $7,825 Unemployment Workers Compensation 1.1% $568 100% $568 Retirement .15% $80 100°/a $80 Total $12,963 SUPPLIES AND SERVICES Total Budget Percent to Grant Amount to Grant Office Su lies Office E ui ment Rental Postage Printin MISCELLANEOUS Total Bud et Percent to Grant Amount to Grant Conference & Seminars Conshuction/Buildin Materials Contract Labor Craft Supplies Credit Reports Facility Fees Field Trip Costs Food Supplies- Essential Services Mileage Teaching Aids FACILITY AND UTILITIES Total Bud et Percent to Grant Amount to Grant Tele hone- Shelter O s Electric — Shelter O s Gas — Shelter Ops Water and Wastewater-SO Solid Waste Disposal Rent EXHIBIT B— ESG: SAFEHAVEN OF TARRANT COUNTY 2 Custodial Services-SO Repairs Cleaning Supplies-SO LEGAL, FINANCIAL AND INSURANCE Total Budget Percent to Grant Amount to Grant Bond (or General Commercial I Directors and Officers Legal Fees Contract Accountine FINANCIAL ASSISTANCE Total Budget Percent to Grant Amount to Grant Rapid Re-Housing Homelessness Prevention HMIS Total Budget Percent to Grant Amount to Grant Ra id Re-Housin Homelessness Prevention EXHIBIT B— ESG: SAFEHAVEN OF TARRANT COUNTY 3 EXHIBIT "C" Audit Certification Form [See attached] AUDIT CERTIFICATION FORM AND AUDIT REQUIREMENTS Agency: Name of Agencv Fiscal Year Ending: 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 schedule 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 certi�cation 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 (_;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 of�cial subject to the Signature and Date: Name: Title: Attachment 11 City of Fort \Vorth Housing and Econamic Devclopmenf Department Ezpenditure �Vorksheet Agency: Name Pmgram: Program Name Please rou like accountcodes. Accaunt Cod (See Key lo LineNo. Checkt�'o. Dale Pa•re D25CI1 GOII� Ri 1 Amounl 2 3 4 5 6 7 8 9 10 I] 12 13 14 IS 16 17 IS 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 must idemiCy employee. Rent must idenli(y Ienanl Other payments should identi(y individual: Highlighted arc the anly relevent cades for thie Program � 00 c� a �q F k; V � 9 3 C gn � � tt z= k Sa �a �� l� �a � � 3 65r 3 v 3 a �e �� ry"> e� � E Lp � i� S Is a� 3 �, �� e� Y8 a� �S= �� Sg e� sa s� a'L o� @a 6� u"� 9g ` 3 : �s �a 8� g9 ss ;d a e` y, ��� rs. ��� e a 2 0 E � n � t � � a X z' �o O a9 � a Y � &._8r�888 y b "a�a^aa4 g b^� gr8�`'_88 �5 � b�X�v�'�.�i �g $y� ���o�„�_gg� 9 -z nCCCC�CV a 0 2 N�88 o GC�H�"�g6 � � � z° yo 9� '03 - i 5 U � • o���= §` so�� ���zm�� ���y ��S �� < E ����� 2 � � ����s zy�bd� mC< S a b`o�� a�2z �� �o x= �a 2 s o` �w � � � � 5 < � � e z e9 nz e �Y - ' np��h�������R�.r:R,^,mF,Se;aS:S<a Exhibit "E" Form of Income Self-Certification [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 & WHITB ❑ FEMALE ❑ AMERICAN INDIAN/ALASKAN NATIVE ❑ ASIAN ❑ AMERICAN INDIAN/ALASKAN NATIVE & WHITE ❑ ASIAN & WHITE ❑ NATIVE HAWAIIAN/OTHER PACIFIC ISLANDER ❑ BALANCE/OTHER ❑ AMERICAN INDIAN/ALASKAN NATIVE & BLACK/AFRICAN AMERICAN c. ETHNICITY 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 1001 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: e. IS CLIENT WOMEN HEAD OF HOUSEHOLD ❑ YES ❑ NO Annual Income: Is Applicant Eligible: Person Making Determination: Household Members and Income CERTIFICACION DE DECLARACION DE INGRESOS Nombre del Solicitante: Domicilio Actual: Apellido Nombre Niimero de Telefono: Miembros en el Hogar e In�resos (incluir el/la solicitante) Edad I Ingreso ( 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 AIvIERICANO & CAUCASICO ❑ FEMININO ❑ INDIO ANIERICANO/NATIVO DE ALASKA ❑ ASIATICO ❑ INDIO AMERICANO/NATIVO DE ALASKA & CAUCASICO ❑ ASIATICO & CAUCASICO ❑ NATIVO HAWAIANO/OTRO DE LAS ISLAS PACIFICAS ❑ BALANCE/OTRO ❑ INDIO AMERICANO / NATIVO DE ALASKA & NEGRO/AFRICANO AMERICANO c. ETNICIDAD d. DISCAPACITADO e. �ES EL SOLICITANTE tJNA MiJJER Y CABECERA DEL HOGAR? ❑ HISPANO ❑ SI ❑ SI ❑ NO-HISPANO ❑ NO ❑ NO * NLTMERO 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 comprobaci6n a cualquier tiempo por terceros. Yo tambien reconozco que la provision de informacion falsa me podria dejar sujeto a las penalidades Federales, Estatales y locales. ADVERTENCIA: TITULO 18, SECCION 1001 DEL CODIGO DE EE.UU. QUE UNA PERSONA ES CULPABLE DE UN DELITO POR SABER Y VOLUNTARIAMENTE 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: Ingreso Anual: �Es el solicitante elegible? : Persona haciendo la determinacion: Fecha: Exhibit "F" - Standards for Complete Documentation [See attached] 2013-2014 Documentation Standards for Public Service Contract Expenses yo �_�; n`aa'> m m a ; � � o c t m `-' c � m � E `o n - `° c q 10 a a m o � 9 u � ° t t' � a ° o y�"� n � E°' Budget Line Items c y= � � LL'j w Notes101her Em �oyee Salaries and Banefits Salanes X X` If an employee works solely with Conlract eligible clients and solely on Contract eligible ilems, then the employee's entire salary is eligible for reimbursemenL Twice in each calendar year, Ihe dienl musl submil a written statement veri(ying thal lhe above wnditions are slill true. The slatement musl also be signed be a person authorized lo sign on behalf of lhe agency. If an employee works on a vanety of programs, or works with a muWre of Contracl eligible dienls and non-eligible dients, lhen the City will only reimburse (or a reasonahle portion of the employee's salary. Each reim6ursement request musl include not only the employee's limesheet, but also a work log breaking oul lhe employee's Gme by project or adivity. For employees paid wilh multiple funding sources, limesheets must reFlect all funding sources. Itseparate timesheets are kept for each funding source, all such timesheels musl be submitted to City. 9f employees are paid by direct deposit rather lhan check, lhen ihe agency must submit both the direct deposil payment compan�s report (such as an ADT report) and a bank statement or check showing payment to the direct deposit company. FICA/Medicare If the City pays gross salary, Ihis is already included. If the City pays lhe employer portioq lhen lhe employer must show a calculation and documentation of how the invoiced amount was calwlated, and include documentalion showin a menl. Li(e Insurance If the City pays gross salary, this is already included. If we pay lhe employer podion, lhen lhe employer musl show a calculation and documentalion of how lhe Invoiced amount was calwlated, must include an invoice fmm ihe insurer, and must include documenlation showing payment. Heallh Insurance I( the City pays gross salary, this is already included. If we pay lhe employer portion, lhen lhe employer musl show a calculalion and documentation of how lhe imoiced amount was calculated, must include an invoice from the insurer, and must include documenlation showing payment. Disa6ility Insurance If the City pays gross salary, this is already included. If we pay lhe employer portion, then lhe employei must show a calculalion and documentalion of how the invoiced amount was calculaled, must include an invoice fmm Ihe insurer, and must include documenlation showing payment. Unemploymenl If lhe City pays gross salary, this is already included. If �ve pay lhe employer portion, lhen lhe employer must show a calculalion and documenlation Insurance of how the imoiced amount was calculated, and musl include documenlation showin a menl. Retiremenl If we pay gross salary, this is already included. If we pay lhe employer portion, then the employer must sho�v a calculation and documentation of how lhe invoiced amounl was ralculated, musl and include documentation showing payment, and prior lo the first reimbursement, must include Ihe ersonnel olic re aNin relirement benefits. Professional Servlces Axounling X X X If an audit is required berause federal funds exceed $500,000, then the cost should be split evenly by all Tederal funding sources. Ex enses Materials, E ui ment, Goods and Su lies O�ce Su lies X X X Offce Equipmen[ X X X - Renlal Poslage X X X The agency should maintain informalion regarding maibuts. If lhe agency has a Pi[ney Bowes machine or like pos[age machine, lhe records of lhat machine musl be on file. Likewise, if mail is calegorized by payment source, then lhase records musl be on iile. For large mailouts, the agency should kee a co oi lhe leller and a list of all addressees. Pnnlin X X X Constrvction 8 X X This category is only available for REACH. Buildin Materials Sport 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 Ffeld Tri s Field Trip X X In addition lo admission expenses, (ood expenses will also be allo�ved so long as Ihe agency has a wntten policy stating lhat food and drinks are Admission routine purchases on all field trips, notjust Contrect-tunded field trips. Ex enses Rent, Utilities and Maintenance - If the followin ex enses are aid for a facilf that is used for other ur oses besfdes the Contract ro ram, then the bflls must be Tele hone X X Gas X X Water/VJastewater X X Electric X X Solid Wasle X X Dis osal Facility X X X Mainlenance and Re airs Custodial Services X X If services are rovided er a contract, a en will rovide conUact instead of invoices. Rent X X Miscellaneous Contract Labor X X X Insurence Required X X - Under lhe Contracl Childcare City requires lha! the agency submit its fee schedule, showing a breakout of income levels, and for each level a breakoul o( lhe podion of the Scholarships expense to be paid by family and lhe poAion l0 6e reimbursed by lhe City. This fee schedule is required prior to lhe 6rst payment. We also require the income eligiblity of each household so lhat we can determine if we are being changed in coniormance with lhe fee schedule. If lhe fee schedule changes at any time dudng lhe contrad year, lhe agency must notify City and provide a new schedule within 30 days of the change. 'Pfoof of payment effective Octo6er 1, 2013: Payments or Expenses must be documented in the following manner. A) Image of lhe check AND bank slalement showing the check deared the bank; OR, B) Image of the rancelled check (ex. Al end of bank statement); OR, C) Payroll "Advace' or Slalement AND Bank Statement indicaling payroll; OR, D) Por wire or e-Uansfers: Reciept or slalement from payee/vendor OR bank statemenl. EXHIBIT "G" — ESG PERFORMANCE STANDARDS Emer enc 5olutions Grant Performance 5tandards Acfivi 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 mana ement Rapid Re-Housing Number of persons: - Who maintained their permanent housing for 3 months - Exiting to permanent housing destinations - With higher income at program exit - With more non-cash benefits at program exit - Receiving case management In order to successfully recard 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. Exhibit «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 $ 1. SOURCES OF LOCAL MATCH: Agency ESG Match $ Other Federal (including pass-through funds, e.g., City CDBG, County FEMA, etc.) MATCH SOURCE MATCH AMOUNT $ $ TOTAL MATCH $ 2. STATE/LOCAL GOVERNMENT FUNDING: (e.g., State Housing Trust Funds, Local Assessment, etc.) MATCH SOURCE MATCH AMOUNT $ $ TOTAL MATCH $ 3. PRIVATE (including recipient) FUNDING: MATCH SOURCE MATCH $ AMOUNT Fund Raising/Cash $ Loans $ Building Value or Lease $ Donated Goods $ Donated Computers $ New Staff Salaries $ Volunteers ($5/hr) $ Volunteer Medical/Legal $ TOTAL MATCH $ Comments: CERTIFICATION: The undersigned, hereby, gives assurance that to the best of my knowledge and belief, the data included in this report is true and accurate, and if submitted by a non-profit agency, has been approved by the governing body of the organization prior to submission. The matcli 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 reimbursement for any client, agency must submit: (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 (excludine arrearsl. 1. General Information Head of Household Name: Names of Other Household Members: Age: Age: Age: Age: Age: Age: 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 certificate of completion of HTJD's Visual Assessment Couise (http://www.hud.qov/oflices/lead/Vainine/visualassessment/h00100 cfm) Required certifications: Each person signing below certifies to the following: (1) To the best of my knowledge, the progam 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 ro the program participant through famity, 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 undetstand that if any of these certifications is found to be false, I will be subject to criminal, civil and administrative penalties and sanctions. ESG Staff Signature: ESG Supervisor Signature: Date: Date: EXHIBIT "J" SECTION 3 REPORTING FORMS [See attached) EXHIBIT "J" �ection 3 Summary Report Economic Opportunities for Low — and Very Low-Income Persons Section back of page for Pub�ic Reporting Burden statement U.S. Department of Housing and Urban Development Office of Fair Housing And Equal Opportunity OMB Approval No: 2529-0043 (exp. 11/30/2010) HUD Field Office: 1. Recipient Name & Address: (street, city, state, zip) 2. Federel Identification: (grant no.) 3. Total Amount of Award: 4. Contact Person 5. Phone: Qndude area code) 6. Length of Granl: 7. Reporting Period: 8. Date Report Submitted: 9. Program Code: (Use separate sheet 10. Program Name: for each program code) Part I: Em lo 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 Category New Hires Hires that are of Staff Ho�rs of New Hires for Section 3 Employees Trainees Sec. 3 Residenls that are Sec. 3 Residents and Trainees Professionals Technicians Office/Clerical Construction by Trade (List) Trade Trade Trade Trade Trade Other List Totai ' Program Codes 3= Public/Indian Housing 4= Homeless Assistance 1= Fiexible Subsidy A= Deveiopment, 5= HOME 2= Section 202/811 B= Operation 6= HOME Stale Administered C= Modemization 7= CDBG Entitlement Page 1 of 2 8 = CDBG State Adminislered 9 = Other CD Programs 10 = Other Housing Programs fortn HUD 60002 (6/2001) Ref 24 CFR 135 Part II: Contracts Awarded 1. Construction Contracts: A. Total dollar amount of all contracts awarded on the project 8. Total dollar amount of 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 contracts 2. Non-Construction Contracts: A. Total dollar amount all non-construction contracts awarded on the projecUactivity B. Total dollar amount of non-construction contracts awarded to Section 3 businesses C. Percentage of the total dollar amount that was awarded to Section 3 businesses D. Total number of Section 3 businesses receiving non-construction contracts Part III: Summary � % % Indicate the efforts made to direct the employment and other economic opportunities generated by HUD financial assistance for housing and community development programs, to the greatest extent feasible, toward low-and very low-income persons, particularly those who are recipients of government assistance for housing. (Check all that apply.) Attempted to recruit low-income residents through: Iocal advertising media, signs prominently displayed at the project site, contracts with the community organizations and public or private agencies operating within the metropolitan area (or nonmetropolitan county) in which the Section 3 covered program or project is located, or similar methods. Participated in a HUD program or other program which promotes the training or employment of Section 3 residents. Participated in a HUD program or other program which promotes the award of contracts to business concerns which meet the definition of Section 3 business concerns. Coordinated with 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 collect this information, and you are not required to complete this form, unless it displays a currently valid OMB number. Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 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 analyzed and distributed. The collection of information involves recipients receiving Federal financiai assistance for housing and community development programs covered by Section 3. The information wili be collected annually to assist HUD in meeting its reporting requirements under Section 808(e)(6) of the Fair Housing Act and Secfion 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 torm HUD 60002 (11/2010) Ref 24 CFR 135 Form HUD-60002, Section 3 Summary Report, Economic Opportunities for Low- and Very Low-Income Persons. Instructions: This form is to be used to report annual accompiishments regarding employment and other economic opportunities provided to low- and very low-income persons under Section 3 of the Housing and Urban Development Act of 1968. The Section 3 regulations apply to any public and 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. Housing Act of 1937; or (3) modernization grants pursuant to Section 14 of the U.S. Housing Act of 1937 and to recipients of housing and community deveiopment 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 $f00,000 awarded in connection with the Section-3-covered activity. Form HUD-60002 has three parts, which are to be completed for ail programs covered by Section 3. Part i relates to employment and training. The recipient has the option to determine numerical empioymenUtraining goals either on the basis of the number of hours worked by new hires (columns B, D, E and F). Part II of the form relates to contracting, and Part III summarizes recipients' efforts to compiy with Section 3. Recipients or contractors subject to Section 3 requirements must maintain appropriate documentation to establish that HUD fina�ciai assistance for housing and community development programs were directed toward low- and very low-income persons.* A recipient of Section 3 covered assistance shall submit one copy of this report to HUD Headquarters, Office of Fair Housing and Equal Opportunity. Where the program providing assistance requires an annual performance report, this Section 3 report is to be submitted at the same time the program performance report is submitted. Where an annual performance report is not required, this Section 3 report is to be submitted by January 10 and, if ihe project ends before December 31, within 10 days of project completion. Only Prime Recipients are required to report to HUD, The report must include accomplishments of all recipients and their Section 3 covered contractors and subcontractors. HUD Field 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 the doilar amount, rounded to the nearest dollar, received by the recipient. 4 8� 5. Contact Person/Phone: Enter the name and telephone number of the person with knowiedge of the award and the recipienYs 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 1: Employment and Training Opportunities Coiumn A: Contains various job categories. Professionals are defined as peopie who have special knowledge of an occupation (i.e. supervisors, architects, surveyors, planners, and computer programmers). For construction positions, list each trade and provide data in columns B through F for each trade where persons were employed. The category of "Other' includes occupations such as service workers. Coiumn B: (Mandatory Field) Enter ihe number of new hires for each category of workers identified in Cotumn A in connection with this award. New hire refers to a person who is not on the contractor's or recipienYs payroil for employment at the time of selection for the Section 3 covered award or at the time of receipt of Section 3 covered assistance. Column C: (Mandatory Field) Enter the number of Section 3 new hires for each category of workers identified in Column A in connection with this award. Section 3 new hire refers to a Section 3 resident who is not on the contractor's or recipient's payroll for employment at the time of selection for the Section 3 covered award or at the time of receipt of Section 3 covered assistance. Column D: Enter the percentage of all the staff hours of new hires (Section 3 residents) in connection with this award. Column E: Enter the percentage of the total staff hours worked for Section 3 employees and trainees (including new hires) connected with this award. include staff hours for part-time and full-time positions. Column F: (Mandatory Field) Enter the number of Section 3 residents that were trained in connection with this award. Part II: Contract Opportunities Block 1: Construction Contracts item A: Enter the total dollar amount of aIl contracts awarded on the project/program. Item B: Enter the total dollar amount of contracts connected with this projecbprogram 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 projecUprogram. Item B: Enter the total doliar amount of contracts connected with this project awarded to Section 3 businesses. Item C: Enter the percentage of the total dollar amount of contracts connected with this project/program awarded to Section 3 businesses. Item D: Enter the number of Section 3 businesses receiving awards. Part III: Summary of Efforts — Self -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 contracts/subcontracts. * The terms "low-income persons" and very Iow-income persons" have the same meanings given the terms in section 3(b) (2) of the United States Housing Act of 1937. Low-income persons mean families (including single persons) whose incomes do not exceed 80 percent of the median income for the area, as determined by the Secretary, with adjustments for smaller and larger families, except ihat Pagei The Secretary may estabiish income ceilings higher or lower than 80 percent of the median for the area on the basis of ihe Secretarys findings such that variations are necessary because of prevailing levels of construction costs or unusually high- or low-income families. Verylow-income persons mean low-income families (including singie persons) whose incomes do not exceed 50 percent of the median family income area, as determined by the Secretary with adjustments or smaller and larger families, except that the Secretary may establish income ceilings higher or lower than 50 percent of the median for the area on the basis of the Secretarys findings that such variations are necessary because of unusuaily high or low family incomes. ro�m Huo s000z �»izo�o> Ref 24 CFR 735 M&C Review CITY COUNCIL AGENDA Page 1 of 6 Official site of the City of Fort Worth, Texas FoR�o�rfi 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 HEAR NG: 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 M&C Review Page 2 of 6 necessary for completion of the program; 9. Authorize the City Manager or his designee to amend the contracts and Interdepartmental Letters of Agreement if necessary to achieve program goals, provided any amendment is within the scope of the program and in compliance with City policies and all applicable laws and regulations governing the use of federal grant funds; 10. Authorize a waiver for indirect cost rates as applicable for the Grants Fund, in accordance with the City's Administrative Regulations; and 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.org/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 '._- � • � 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 F M&C Review TOTA� CDBG Contracts the CDBG Housing Programs budget. Housi� 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 I hese programs are available in ALL GOUNCIL 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 $425,325.00 GR76 5XXXXX 017206653XXX GR76 451727 017206654XXX GR76 5X�CXX 017206654XXX GR76 451685 017206650XXX GR76 5XXXXX 017206650XXX $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 GR76 5XXXXX 017206651XXX GR76 451727 017206651XXX GR76 5X�(XX 017206651 XXX $250,000.00 $250.000.00 $1,996.541.00 $1 996,541.00 Submitted for Citv Manager's Office by_ Originating Department Head: Additional Information Contact: Fernando Costa (6122) Cynthia Garcia (8187) 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 Page 6 of 6 8/21/2013