HomeMy WebLinkAboutContract 44864STATE OF TEXAS
COUNTY OF TARRANT
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This contract ("Contract") is made and entered into by and between the City of
Fort Worth (hereafter "City") and Presbyterian Night Shelter of Tarrant County (hereafter
"Agency"), a Texas nonprofit corporation. City and Agency may be referred to
individually as a"Party" and jointly as "the Parties".
The Parties state as follows:
WHEREAS, City receives grant monies from the United States Department of
Housing and Urban Development ("HUD") through Emergency Solutions Grant Program
("ESG"), Program No. 5-13-MC-48-0006, Catalog of Federal Domestic Assistance No.
14.231;
WHEREAS, the ESG program is intended to provide homeless persons or persons
at risk of becoming homeless with financial assistance, basic shelter, essential supportive
services, and/or operations, as applicable;
WHEREAS, Agency submitted a proposal to use ESG funds for an eligible
program under the ESG Regulations whereby Agency will provide services to low and
moderate income City citizens;
WHEREAS, City citizens, the Community Development Council, and the City
Council have determined that ESG programs are needed by the City's citizens;
NOW, THEREFORE, the Parties understand and agree as follows:
1. INCORPORATION OF RECITALS.
City and Agency hereby agree that the recitals set forth above are true and correct
and form the basis upon which the Parties have entered into this Contract.
2. DEFINITIONS.
In addition to terms defined in the body of this Contract, the terms set forth below
shall have the definitions ascribed to them as follows:
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Area Median Income or AMI means the median family income for the Fort Worth-
Arlington metropolitan statistical area as established annually by HUD. The 2013
income limits are attached hereto as Exhibit "A-1" — 2013 HUD Income Limits.
Business Diversity Enterprise Ordinance or BDE means the City's B
Ordinance, Ordinance No. 20020-12-2011.
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ESG PSA CONTRACT 2013-2014 - PRESBYTERIAN T]IGHT SHELTER OF TARRANT COUNTY
Complete Documentation means the following documentation as applicable:
• Attachments I, II, and III, with supporting documentation including:
o Proof of expense: copies of timesheets, invoices, leases, service
contracts or other documentation showing that payment is due by
Agency.
o Proof of payment: cancelled checks, bank statements, or wire
transfers necessary to demonstrate that amounts due by Agency
were actually paid by Agency.
o Proof of client eligibility: (i) Source Documentation sufficient to
show that clients participating in the Program are ESG Eligible
Clients; or (ii) documentation other than Source Documentation to
show that clients served by the Program are ESG Eligible Clients.
In the event that Agency is a facility that provides a public service,
this means documentation that clients served by Agency are ESG
Eligible Clients.
• Complete Documentation shall meet the standards described in the
attached Exhibit "F"- Standards for Complete Documentation.
• Any other document or record reasonably necessary to verify costs spent
and client eligibility for the Program.
DBE means disadvantaged business enterprise.
Director means the Director of the City's Housing and Economic Development
Department.
Effective Date means October 1, 2013.
ESG means Emergency Solutions Grant.
ESG Eligible Client means an individual or household that meets the definition of
"homeless" or "at risk of homelessness" as defined in the HEARTH Act.
ESG Funds means the ESG grant funds supplied by City to Agency under the terms of
this Contract.
ESG Regulations means regulations found at 24 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 - PRESBYTERIAN NIGHT SHELTER OF TARR ANT COUNTY 2
HED Department means the City's Housing and Economic Development Department.
HUD means the United States Department of Housing and Urban Development.
IDIS means HUD's Integrated Disbursement Information System.
Program means the services described in Exhibit "A" — Program Summary.
Reimbursement Request means all reports and other documentation described in
Section 9.
Source Documentation means documentation suff'icient under ESG Regulations to
establish an individual or household as an ESG Eligible Client
Unduplicated Clients means a count of ESG Eligible Clients served once in the Contract
Term. ESG Eligible Clients served more than once in the Contract Term will only be
counted once when determining the number of Unduplicated Clients.
3. TERM.
The term of this Contract begins on October l, 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, subcontractors or vendors as necessary, but no less than annually.
5. DUTIES AND RESPONSIBILITIES OF AGENCY.
5.1 Required Services.
Agency shall perform the services described in Exhibit "A" — Program
Summary in accordance with the terms and conditions of this Contract.
5.2 Use of ESG Funds.
5.2.1. Compliance with ESG Re�ulations and Contract.
Agency shall be reimbursed for eligible Program costs with ESG Funds only if
City determines in its sole discretion that:
ESG PSA CONTRACT 2013-2014 - PRESBYTERIAN IIIGHT SHELTER OF TARRANT COUNTY 3
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5.2.1.1 Costs are eligible expenditures in accordance with ESG
Regulations.
5.2.1.2 Costs are in compliance with this Contract and are reasonabie
and consistent with industry 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 reimbursement basis in
accordance with Exhibit "B" - Budget. During the term of this Contract, Agency may
submit written requests to increase or decrease line-item amounts in the Budget,
including an explanation of why such increases or decreases are necessary. All such
requests must be approved by the Director in writing, with such approval being in the
Director's sole discretion. If Director approves the Agency's proposed Budget
amendment (as approved, the "Amended Budget"), then the Amended Budget will take
effect on the first day of the month following the month in which it was approved by
Director, unless otherwise specified in the amendment. All requests for Budget
amendments must be submitted by August 15, 2014.
5.2.3 Change in Program Bud�et.
5.2.3.1 Agency will, notify City promptly of any additional funds it
receives for operation of the Program, and City reserves the
right to amend this Contract in such instances to ensure
compliance with HUD regulations governing cost allocation.
5.2.3.2 Agency agrees to utilize funds available under this Contract to
supplement rather than supplant funds otherwise available for
use in the Program.
5.2.4 Payment of ESG Funds to 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 back a small amount of the ESG
Funds until the end of the term. During this interim period, Agency must continue to
submit Reimbursement Requests with an invoiced amount of $0. It is expressly agreed
by the Parties that any ESG Funds either not spent or not approved for reimbursement to
Agency shall remain with City.
ESG PSA CONTRACT 2013-2014 - PRESBYTERIAN NIGHT SHELTER OF TARRANT COUNTY 4
5.3 Program 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 Reimbursement Requests, to lower Agency's allocation of ESG Funds, or to
terminate this Contract.
5.4 Identifv Program Expenses Paid with ESG Funds.
Agency will keep accounts and records in such a manner that City may readily
identify and account for Program expenses reimbursed with ESG Funds. These records
shall be made available to City for audit purposes and shall be retained as required
hereunder.
5.5 Match.
Agency must match ESG Funds dollar for dollar with other funding sources.
Potential sources of match include any sources described at 42 U.S.C. 11375(a). Some
common sources include: (i) Agency funding from non-federal sources and eligible
federal grants, (ii) volunteer time, which may valued at $5/hour of time; and (iii) the
value or fair rental value of any donated materials or space. The monetary values Agency
assigns to all sources of match are subject to review and approval by City.
5.5.1 Prior to October 1, 2013, Agency must submit to City a completed Match
Report on the form attached hereto as Exhibit "H"- Match Report detailing actual and
anticipated match sources.
5.5.2 With each Reimbursement Request, Agency must submit a log of funds
expended to date on the form provided in Exhibit "H"- Match Report, plus
documentation of any match expenditures first reported in that month's Reimbursement
Request.
5.5.3 Records regarding match funds must be kept by Agency in accordance
with Section 8.
5.5.4 If the expenditure of match funds and ESG Funds is not happening at
approximately the same pace, City reserves the right to withhold ESG Funds until match
expenditures are substantially the same as ESG Funds reimbursed to date.
ESG PSA CONTRACT 2013-2014 - PRESBYTERIAN NIGHTSHELTER OF TARRANT COUNTY 5
6. CLIENT ELIGIBILITY VERIFICATION.
6.1 Client Eligibilitv.
Agency will document the eligibility of all prospective clients. Agency may
redact the client's personal information and substitute a client number. Agency may use
form attached hereto as Exhibit "I" — Staff ESG Certi�cation Form to document the
eligibility of all prospective clients that receive direct financial assistance as described in
Sections 6.1.1.2 (ii), (iii), and (iv).
6.1.1 A�encies Receiving ESG Funds.
6.1.1.1 Coordination of Services. Agency must participate in the
local Continuum of Care and enter data in the local Homeless
Management Information System ("HMIS").
6.1.1.2 Homelessness Status. Agency must verify
clients meet the definition of homeless or
homelessness in the HEARTH Act, as amended
time. Acceptable forms of verification include:
that all new
at risk of
from time to
i. For emergency persons (shelter services for homeless
including childcare for homeless clients):
A signed, dated statement from the client stating that the
client is homeless, or that the client is homeless by virtue of
fleeing domestic violence.
ii. For homelessness
services:
prevention- financial assistance
1. Documentation that the individual or family has an
annual income at or below 30% of AMI,
2. Evidence documenting that the client does not have
sufficient resources or support networks
immediately available to prevent them from moving
to an emergency shelter or another place defined in
Category 1 of the "homeless" definition under the
HEARTH Act,
3. Documentation of client's reasonable prospects of
resuming payment of rent or utilities, as applicable,
within a reasonable time, and
4. Documentation supporting the type and amount of
assistance provided, including, but not limited to,
invoices, past due notices, and/or executed leases,
as applicable, and proof of payment by Agency.
ESG PSA CONTRACT 2013-2014 - PRESBYTERIAN NIGHT SHELTER OF TARRANT COUNTY 6
iii. For rapid re-housing services- financial assistance:
1. Documentation that the individual or family meets
the homeless definition in the HEARTH Act,
2. Documentation of rent reasonableness,
3. Documentation of client's reasonable prospects of
resuming payment of rent and/or utilities, as
applicable, within a reasonable time,
4. Evidence documenting that the client is not
receiving assistance from other rapid re-
housing/homelessness prevention agencies or
funding sources, and
5. Documentation supporting the type and amount of
assistance provided, including, but not limited to,
invoices, past due notices, and/or executed leases,
as applicable, and proof of payment by the agency.
iv. For housing relocation and stabilization services:
1. Documentation that services are provided for
eligible homeless and at risk of homelessness
clients as defined in the HEARTH Act, and
2. Documentation that any staff costs and or
relocation/stabilization services directly benefit the
eligible individual and families and are clearly
distinguished from the general administration of the
Program.
6.1.2 Performance Standards.
Agency must verify that the Program is tracking ESG activities and outcomes in
accordance with the City's performance standards as described in Exhibit "G" - ESG
Performance Standards. Data maintained in the HMIS or a comparable database is
preferred.
6.2 Submission of Comnlete Documentation.
Agency must submit copies of all eligibility verification documentation described
in Section 6.1 with Attachment III in each month's Reimbursement Request for all
Unduplicated Clients served for the first time, and must maintain copies of such
documentation as required under this Contract.
7. Additional ESG Requirements.
Agency agrees to comply with ail requirements of the ESG Program as stated in
the ESG Regulations, including but not limited to the following:
ESG PSA CONTRACT 2013-2014 - PRESBYTERIAN NIGHT SHELTER OF TARRANT COLINTY 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 Part 58. The
environmental review may result in a decision to proceed with, modify, or cancel the
funding for the Program. Further, Agency will not undertake or commit any funds to
physical or choice limiting actions as described in any applicable Federal regulations.
Any violation of this provision will (i) cause this Contract to terminate immediately; and
(ii) require Agency to repay to City the ESG Funds it has already received and forfeit any
future payments of ESG Funds.
7.1.2 Environmental Miti�ation.
If applicable, Agency must take the mitigation actions outlined in Exhibit "A-2"
— Environmental Mitigation Actions. Failure to complete the required mitigation
action is an event of default under this Contract.
7.2 Contract Not Constituting Commitment of Funds.
Notwithstanding any provision of this Contract, the Parties agree and
acknowledge that this Contract does not constitute a commitment of funds, and that such
commitment of funds or approval may occur only upon (i) satisfactory completion of
environmental review and receipt by City of an authorization to use grant funds from
HUD under 24 CFR Part 58, (ii) approval of City's 2013-2014 Action Plan, and (iii)
receipt by City of grant agreement from HUD.
7.3 Monitorin�.
7.3.1 Agency understands and agrees that City will monitor the adequacy and
timeliness of Agency's performance under the terms of this Contract as well as its
compliance with the ESG Regulations. Agency is subject to such monitoring during the
term of this Contract and for 5 years after the Contract term ends. Agency will provide
reports and access to Program files as requested by City for during this 5 year period. For
purposes of this Contract, this 5 year period for 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 to the use of the ESG Funds, and to Agency's officers,
directors, agents, employees, contractors, subcontractors and vendors for the purpose of
such monitoring.
7.3.3 In addition to other provisions of this Contract regarding frequency of
monitoring, City reserves the right to perform desk reviews or on-site monitoring of
Agency's compliance with the terms and conditions of this Contract. After each
monitoring visit, City shall provide Agency with a written report of the monitor's
findings. If the monitoring report notes deficiencies in Agency's performance, the report
shall include requirements for the timely correction of said deficiencies by Agency.
ESG PSA CONTRACT 2013-2014 - PRESBYTERIAN NIGHT SHELTER OF TARRANT COUNTY 8
Failure by Agency to take the action specified in the monitoring report may be cause for
suspension or• termination of this Contract as provided herein.
7.3.4 Agency agrees to likewise monitor the effectiveness of the services and
work to be performed by its contractors, subcontractors and vendors.
7.3.5 This Section 7.3 shall survive the earlier termination or expiration of this
Contract.
7.4 Agencv Procurement Standards.
Agency shall comply with all applicable federal, state and local laws, regulations,
and ordinances for making procurements under this Contract. Agency shall establish
procurement procedures to ensure that materials and services are obtained in a cost
effective manner. When procuring services to be provided under this Contract, Agency
shall comply at a minimum with the procurement standards at 24 CFR Part 84.40 through
24 CFR Part 84.48.
7.5 Cost Principles/Cost Reasonableness.
Agency shall administer its use of ESG Funds in compliance with OMB Circular
A-122, "Cost Principles for Non-Profit Organizations", as amended from time to time.
The allowability of costs incurred for performance rendered shall be determined in
accordance with OMB Circular A-122 as supplemented by the provisions of this
Contract.
7.6 Accounting Standards.
Agency agrees to comply with OMB Circular A-110, "Uniform Administrative
Requirements for Grants and Agreements with Institutions of Higher Education,
Hospitals and other Non-Profit Organizations", and agrees to adhere to the accounting
principles and procedures required therein, utilize adequate internal controls, and
maintain necessary supporting and back-up documentation for all costs incurred.
7.7 Uniform Administrative Requirements.
Agency will comply with the Uniform Administrative Requirements set forth in
24 CFR Part 57.502 or any reasonably equivalent procedures and requirements that City
may require.
7.8 Terms Applicable to Contractors, Subcontractors and Vendors.
Agency understands and agrees that all terms of this Contract, whether regulatory
or otherwise, shall apply to any and all contractors, subcontractors and vendors of
Agency which are in any way paid with ESG Funds or who perform any work in
connection with the Program. Agency shall cause all applicable provisions of this
Contract to be included in and made a part of any contract or subcontract executed in the
performance of its obligations hereunder including its obligations regarding the ESG
Regulations. Agency shall monitor the services and work performed by its contractors,
subcontractors and vendors on a regular basis for compliance with the ESG Regulations
and Contract provisions. Agency must cure all violations of the ESG Regulations
committed by its contractors, subcontractors or vendors. City maintains the right to insist
ESG PSA CONTRACT 2013-2014 - PRESBYTERIAN NIGHT SHELTER OF TARRANT COUNTY 9
on Agency's full compliance with the terms of this Contract and the ESG Regulations
and Agency is responsible for such compliance regardless of whether actions taken to
fulfill the requirements of this Contract are taken by Agency or by Agency's contractors,
subcontractors or vendors. Agency acknowledges that the provisions of this Section shall
survive the earlier termination ar� expiration of this Contract.
7.9 Copvright and Patent Ri�hts.
No reports, maps, or other documents produced in whole or in part under this
Contract shall be the subject of an application for copyright by or on behalf of Agency.
HUD and City shall possess all rights to invention or discovery, as well as rights in data,
which may arise as a result of Agency's performance under this Contract.
8. RECORD KEEPING: REPORTING AND DOCUMENTATION
REQUIREMENTS; AUDIT.
8.1 Record Keeping.
Agency shall maintain a record-keeping system as part of its performance of this
Contract and shall promptly provide City with copies of any document City deems
necessary for the effective fulfillment of City's monitoring and evaluation
responsibilities. Specifically, Agency will keep or cause to be kept an accurate record of
all actions taken and all funds spent, with supporting and back-up documentation.
Agency will maintain all records and documentation related to this Contract for 5 years
after the Contract term ends. If any claim, litigation, or audit is initiated before the
expiration of the 5 year period, the relevant records and documentation must be retained
until all such claims, litigation or audits have been resolved. For purposes of this
Contract, this 5 year period for record retention is deemed to begin on October l, 2014
and end on September 30, 2019 regardless of whether or not this Contract is earlier
terminated.
8.2 Access to Records.
City and any duly authorized officials of the Federal government will have full
access to, and the right to examine, audit, copy, excerpt and/or transcribe any of
Agency's records pertaining to all matters covered by this Contract for 5 years after the
Contract term ends. Such access shall be during regular business hours and upon at least
48 hours prior notice. For purposes of this Contract, this 5 year period for access to
records is deemed to begin on October 1, 2014 and end on September 30, 2019 regardless
of whether or not this Contract is earlier terminated.
8.3 Reports.
Agency will submit to City all reports and documentation described in this
Contract in such form as City may prescribe. Agency may also be required to submit a
final performance and/or final financial report if required by City at the termination of
this Contract in such form and within such times as City may prescribe. Failure to submit
to City any report or documentation described in this Contract shall be an event of default
of this Contract and City may exercise all of its remedies for default under this Contract.
ESG PSA CONTRACT 2013-2014 - PRESBYTERIAN NIGHT SHELTER OF TARRANT COUNTY 1 O
8.4 Chan�e in Reportin� Requirements and Forms.
City retains the right to change reporting requirements and forms at its discretion.
City will notify Agency in writing at least 15 days prior to the effective date of such
change, and the Parties shall execute an amendment to the Contract reflecting such
change if necessary.
8.5 Audit.
8.5.1 Entities that Expend $500,000 or more in Federal Funds Per Year.
All non-federal entities that expend $500,000 or more in Federal funds within one
year, regardless of the source of the Federal award, must submit to City an annual audit
prepared in accordance with specific reference to OMB Circular A-133. The audit shall
cover the Agency's fiscal years during which this Contract is in force. The audit must be
prepared by an independent certified public accountant, be completed within 6 months
following the end of the period being audited and be submitted to City within 30 days of
its completion. Agency's audit certification is attached hereto as Exhibit "C" —"Audit
Certification Form" and "Audit Requirements". The Audit Certifcation Form must
be submitted to City prior to or with the first Reimbursement Request. Entities that
expend less than $500,000 a year in Federal funds are exempt from Federal audit
requirements for that year', but records must be available for review or audit by
appropriate officials of the Federal agency, City, and General Accounting Office.
8.5.2 City Reserves the Ri�ht to Audit.
City reserves the right to perform an audit of Agency's Program operations and
finances at any time during the term of this Contract and for 5 years after the Contract
Term ends if City determines that such audit is necessary for City's compliance with the
ESG Regulations or other City policies. Agency agrees to allow access to all pertinent
materials as described herein for such audit. For purposes of this Contract, this 5 year
period for City audit is deemed to begin on October 1, 20,14 and end on September 30,
2019 regardless of whether or not this Contract is earlier terminated. If such audit reveals
a questioned practice or expenditure, such questions must be resolved within 15 business
days after notice to Agency of such questioned practice or expenditure. If questions are
not resolved within this period, City reserves the right to withhold further funding under
this Contract and/or any future contracts with Agency. IF AS A RESULT OF ANY
AUDIT IT IS DETERMINED THAT AGENCY HAS FALSIFIED ANY
DOCUMENTATION OR MISUSED, MISAPPLIED OR MISAPPROPRIATED
ESG FUNDS OR SPENT ESG FUNDS ON ANY INELIGIBLE ACTIVITIES,
AGENCY AGREES TO REIMBURSE CITY THE AMOUNT OF SUCH MONIES
PLUS THE AMOUNT OF ANY SANCTIONS, PENALTY OR OTHER CHARGE
LEVIED AGAINST CITY BY HUD BECAUSE OF SUCH ACTIONS.
9. REIMBURSEMENT REQUIREMENTS.
9.1 Deadline for Submitting Reimbursement Requests.
Each Reimbursement Request shall be received by the City on or before the 15th
day of the month following the month expenses were paid by Agency. For example, the
Reimbursement Request for June expenses must be received by July 15. In the event the
ESG PSA CONTRACT 2013-2014 - PRESBYTERIAN TIIGHT SHELTER OF TARRANT COUNTY 11
15th falls on a weekend or City holiday, Reimbursement Requests shall be due the next
day that the City is open for business. Failure to submit a Reimbursement Request in a
timely fashion will result in City taking the actions outlined in Section 10.1.
NOTWITHSTANDING ANYTHING ABOVE, EXPENSES FOR SEPTEMBER
2014 MUST BE RECEIVED BY SEPTEMBER 20, 2014. FAILURE TO SUBMIT
A FINAL REIMBURSEMENT REQUEST BY SEPTEMBER 20, 2014 WILL
RESULT IN AUTOMATIC FORFEITURE OF PAYMENT OF THE
SEPTEMBER REIMBURSEMENT REQUEST.
9.2 Agency shall provide City with Complete Documentation and the
following reports as shown in Exhibit "D" — Reimbursement Forms with each
Reimbursement Request:
9.2.1 Attachment I — Invoice.
This report shall contain the amount requested for reimbursement each month, the
cumulative reimbursement requested to date (inclusive of that month's request), and must
be signed by an authorized signatory of Agency. By signing Attachment I, Agency is
certifying that the costs are valid, eligible, consistent with the terms and conditions of this
Contract, and the data contained in the report is true and correct. This report must be
submitted even if Agency is requesting $0 for a particular month.
9.2.2 Attachment II — Expenditure Worksheet.
This report shall itemize each expense requested for reimbursement by Agency
and shall include the Account corresponding the expense to a Budget line item in
Attachment II. In order for this report to be complete the following must be submitted:
9.2.2.1 For payroll expenses, timesheets signed by employees and
approved by supervisor for all payroll expenses listed.
Timesheets must distinguish between ESG-funded time and
non-ESG funded time and reflect actual time spent on ESG-
funded activities.
9.2.2.2 For non-payroll expenses, invoices for each expense listed with
an explanation as to how the invoiced expense pertains to the
Program.
9.2.2.3 Proof that each expense was paid by Agency, which proof can
be satisfied by cancelled checks, wire transfer documentation,
paid receipts or other appropriate banking documentation.
9.2.3 Attachment III — Client Data Report.
This report shall list each Unduplicated Client served during the month along with
his or her demographic information. The Client Data Report must contain a list of all
clients served during the Contract period. In order for this report to be complete the
following must be submitted:
ESG PSA CONTRACT 2013-2014 - PRESBYTERIAN NIGHT SHELTER OF TARRANT COUNTY 12
9.2.3.1 Documentation of income verification for each Unduplicated
Client the first time he or she is served, which will either be the
Source Documentation described in Section 6.1 or the
completed form attached hereto as Exhibit "E"- Form of
Income Self Certification.
9.2.3.2 Agency may use the form attached hereto as Exhibit "I" —
Staff ESG Certification Form to verify client eligibility as
descr•ibed in Section 6.1.
9.2.4 Match Renort.
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 Withholding Pavment.
CITY HAS NO OBLIGATION TO MAKE PAYMENT ON ANY
REIMBURSEMENT REQUEST THAT IS NOT RECEIVED BY THE DUE DATE.
Failure to timely submit Reimbursement Requests and Complete Documentation
along with any required reports shall be an event of default.
10. DEFAULT AND TERMINATION.
10.1 Failure to Submit Required Documentation
10.1.1 If Agency fails to submit a Reimbursement Request, or if the
submitted Reimbursement Request is incomplete or otherwise not in compliance with this
Contract or ESG Regulations as determined by City in its sole discretion, Agency shall be
in default of this Contract. City will notify Agency in writing of such default and the
Agency will have 10 calendar days from the date of the written notice to submit or
resubmit any such Reimbursement Request to cure the default. If Agency fails to cure
the default within such time, Agency shall forfeit any payments otherwise due that
month.
10.1.2 NOTWITFISTANDING THE PROVISIONS OF SECTION
10.1.1, IF AGENCY FAILS TO SUBMIT THE REIMBURSEMENT REQUEST
DUE SEPTEMBER 20, 2014, OR IF THE SUBMITTED REIMBURSEMENT
REQUEST FOR SEPTEMBER 20, 2014 IS LATE, INCOMPLETE OR
OTHERWISE NOT IN COMPLIANCE WITH THIS CONTRACT OR ESG
REGULATIONS AS DETERMINED BY CITY IN ITS SOLE DISCRETION,
THERE WILL BE NO CURE PERIOD AND ANY REIMBURSEMENT WILL BE
AUTOMATICALLY FORFEITED.
ESG PSA CONTRACT 2013-2014 - PRESBYTERIAN NIGHT SHELTER 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 Reimbursement
Request, report or documentation is past due or is not in compliance with this Contract or
the ESG Regulations, or during any period during which Agency is in default of this
Contract.
10.1.5 In the event of termination under this Section 10.1, ail ESG Funds
awarded but unpaid to Agency pursuant to this Contract shall be immediately forfeited
and Agency shall have no further right to such funds.
10.2 Failure to Maintain Records or Submit Reports and
Documentation.
If Agency fails to maintain all records and documentation as required in Section
8, or if the maintained or a submitted report or documentation is not in compliance with
this Contract or the ESG Regulations as determined by City in its sole discretion, City
will notify Agency in writing and Agency will have 30 calendar days from the date of the
written request to obtain or recreate the missing records and documentation or submit or
resubmit any such report or documentation to City. If Agency fails to maintain the
required reports or documentation, or fails to submit or resubmit any such report or
documentation within such time, City shall have the right to terminate this Contract
effective immediately upon written notice of such intent with no penalty or liability to
City.
10.2.1 In the event of tet•mination under this Section 10.2, all ESG Funds
awarded but unpaid to Agency pursuant to this Contract shall be immediately forfeited
and Agency shall have no further right to such funds, and any ESG Funds paid to Agency
must be repaid to City within 30 days of termination. If such ESG funds are not repaid to
City within the 30 day period, City shall exercise all legal remedies available under this
Contract.
10.3 In General.
Subject to Section 10.1, and unless specifically provided otherwise in this
Contract, Agency shall be in default under this Contract if Agency breaches any term or
condition of this Contract. In the event that such a breach remains uncured after 30
calendar days following written notice by City (or such other notice period as may be
specified herein) or, if Agency has diligently and continuously attempted to cure
following receipt of such written notice but reasonably requires more than 30 calendar
days to cure, as determined by both 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 nQtice of such intent to Agency, or (iii)
pursue any other legal remedies available to City.
ESG PSA CONTRACT 2013-2014 - PRESBYTERIAN IIIGHT SHELTER OF TARRANT COUNTY 14
10.3.1 In the event of termination under this Section 10.3, all ESG Funds
awarded but unpaid to Agency pursuant to this Contract shall be immediately forfeited
and Agency shall have no further right to such funds, and any ESG Funds already paid to
Agency must be repaid to City within 30 days of the termination. If such ESG funds are
not repaid to City within the 30 day period, City shall exercise all legal remedies
available under this Contract.
10.4 No Funds Disbursed while in Breach.
Agency understands and agrees that no ESG Funds will be paid to Agency until
all defaults are cured to City's satisfaction.
10.5 No Compensation After Date of Termination.
Agency shall not receive any compensation for work undertaken after the date of
the termination.
10.6 Ri�hts of Citv Not Affected.
Termination shall not affect or terminate 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 Contract terms may result in civil, criminal or
administrative penalties, including, but not limited to those set out in this Contract.
10.9 Termination for Cause.
10.9.1 City may terminate this Contract in the event of Agency's default,
inability, or failure to perform subject to notice, grace and cure periods. In the event City
terminates this Contract for cause, all ESG Funds awarded but unpaid to Agency pursuant
to this Contract shall be immediately rescinded and Agency shall have no further right to
such funds and any ESG Funds already paid to Agency must be repaid to City within 30
days of termination. Failure to repay such ESG Funds within 30 days will result in City
exercising all legal remedies available to City under this Contract. AGENCY
ACKNOWLEDGES AND AGREES THAT IF CITY TERMINATES THIS
CONTRACT FOR CAUSE, AGENCY OR ANY AFFILIATES OF AGENCY
SHALL NOT BE CONSIDERED FOR ANY OTHER CITY CONTRACT FOR
ESG FUNDS FOR A MINIMUM OF 5 YEARS FROM THE DATE OF
TERNIINATION.
10.9.2 Agency may terminate this Contract if City does not provide the ESG
Funds substantially in accordance with this Contract.
ESG PSA CONTRACT 2013-2014 - PRESBYTERIAN NIGHT SHELTER OF TARRANT COUNTY 1 S
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 termination, the
portion to be terminated. In the case of a partial termination, City may terminate the
Contract in its entirety if City determines in its sole discretion that the remaining portion
of the Contract to be performed or ESG Funds to be spent will not accomplish the
purposes for which the Contract was made.
10.11 Dissolution of A�encv Terminates Contract.
In the event Agency is dissolved or ceases to exist, this Contract shall terminate.
In the event of termination under this Section, all ESG Funds are subject to repayment
and/or City may exercise all of its remedies under this Contract.
10.12 Reversion of Assets.
In the event this Contract is terminated with or without cause, all assets acquired
with the ESG Funds including cash, interest payments from loans or otherwise, all
outstanding notes, mortgages or other security instruments, any accounts receivable
attributable to the use of the ESG Funds, and any real or personal property owned by
Agency that was acquired or improved with ESG Funds shall automatically transfer to
City or to such assignee as City may designate.
11. REPAYMENT OF ESG FUNDS.
All ESG Funds are subject to repayment in the event the Program does not meet
the requirements as set out in this Contract or in the ESG Regulations. If Agency takes
any action that results in the City being required to repay all or any portion of the
ESG Funds to HUD, Agency agrees it will reimburse City for such repayment. If
Agency takes any action that results in City receiving a�nding from HUD about the
Program, whether or not repayment of all or any portion of the ESG Funds is
required of City, Agency agrees it will pay City 10% of the ESG Funds as liquidated
damages. The Parties agree that City's damages in the event of either repayment to
HUD being required or receiving a finding from 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 funds to HUD by City.
Therefore, the Parties agree that payment under this Section of 10% of the ESG Funds by
Agency to City is liquidated damages and not a penalty.
ESG PSA CONTRACT 2013-2014 - PRESBYTERIAN NIGHT SHELTER 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 from Agency and failure to make such determination will constitute a
waiver. In the event of termination under this Section 12, all ESG Funds awarded but
unpaid to Agency pursuant to this Contract shall be immediately forfeited and Agency
shall have no further right to such funds. Any ESG Funds already paid to Agency must
be 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 Agencv an Independent Contractor.
Agency shall operate hereunder as an independent contractor and not as an
officer, agent, servant or employee of City. Agency shall have exclusive control of, and
the exclusive right to control, the details of the work and services performed hereunder,
and all persons performing same, and shall be solely responsible for the acts and
omissions of its officers, members, agents, servants, employees, contractors,
subcontractors, vendors, clients, licensees or invitees.
14.2 Doctrine of Respondeat Sunerior.
The doctrine of respondeat superior shall not apply as between City and Agency,
or its officers, members, agents, servants, employees, contractors, subcontractors,
vendors, clients, licensees or invitees, and nothing herein shall be construed as creating a
partnership or joint enterprise between City and Agency. City does not have the legal
right to control the details of the tasks performed hereunder by Agency, its officers,
members, agents, employees, contractors, subcontractors, vendors, clients, licensees or
invitees.
14.3 A�encv Propertv.
City shall under no circumstances be responsible for any property belonging to
Agency, or its officers, members, agents, employees, contractors, subcontractors,
vendors, clients, licensees or invitees that may be lost, stolen or destroyed or in any way
damaged and AGENCY HEREBY INDEMNIFIES AND HOLDS HARMLESS
CITY AND ITS OFFICERS, AGENTS, AND EMPLOYEES FROM ANY AND
ESG PSA CONTRACT 2013-2014 - PRESBYTERIAN NIGHT SHELTER OF TARRANT COUNTY 17
ALL CLAIMS OR SUITS PERTAINING TO OR CONNECTED WITH SUCH
PROPERTY.
14.5 Religious Or�anization.
No portion of the ESG Funds shall be used in support of any sectarian or religious
activity. In addition, there must be no religious or membership criteria for clients of an
ESG-funded service.
14.6 Venue.
Venue for any action, whether xeal or asserted, at law or in equity, arising out of
the execution, performance, attempted performance or non-performance of this Contract,
shall lie in Tarrant County, Texas.
14.7 Governing Law.
This Contract shall be governed by and construed in accordance with the laws of
the State of Texas. If any action, whether real or asserted, at law or in equity, arises out
of the execution, performance or non-performance of this Contract or on the basis of any
provision herein, for any issue not governed by Federal law, the choice of law shall be the
laws of the State of Texas.
14.8 Severabilitv.
The provisions of this Contract are severable, and, if for any reason a clause,
sentence, paragraph or other part of this Contract shall be determined to be invalid by a
court or Federal or state agency, board or commission having jurisdiction over the subject
matter thereof, such invalidity shall not affect other provisions which can be given effect
without the invalid provision.
149 Written Agreement Entire Contract.
This written instrument and the Exhibits, Attachments, 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 purports to vary the terms of this Contract, shall be void. Any
amendments to the terms of this Contract must be in writing and must be executed by
each Party to this Contract.
14.10 Para�raph Headings for Reference Oniv, No Legal Significance;
Number and Gender.
The paragraph headings contained herein are for convenience in reference to this
Contract and are not intended to define or to limit the scope of any provision of this
Contract. When context requires, singular nouns and pronouns include the plural and the
masculine gender shall be deemed to iriclude the feminine or neuter and the neuter gender
to include the masculine and feminine. The words "include" and "including". whenever
used herein shall be deemed to be followed by the words "without limitation".
ESG PSA CONTRACT 2013-2014 - PRESBYTERIAN NIGHT SHELTER OF TARRANT COUNTY 1 H
14.11 Compliance With All Applicable Laws and Re�ulations.
By signing this Contract, Agency certifes that it complies with all applicable laws
and regulations that are currently in effect or that are hereafter amended during the
performance of this Contract. Those laws include, but are not limited to:
➢ ESG Regulations found in 24 CFR Part 576.
➢ Subtitle B of Title IV of the the McKinney-Vento Homeless Assistance Act,
as amended, (42 USC 11371)
➢ Title VI of the Civil Rights Act of 1964 (42 U.S.C. Sections 2000d et seq.)
including provisions requiring recipients of federal assistance to ensure
meaningful access by person of limited English proficiency
➢ The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C.
Sections 3601 etseq.)
➢ Executive Orders 11063, 11246 as amended by 11375 and 12086 and as
supplemented by Department of Labor regulations 41 CFR, Part 60
➢ The Age Discrimination in Employment Act of 1967
➢ The Age Discrimination Act of 1975 (42 U.S.C. Sections 6101 et seq.)
➢ The Uniform Relocation Assistance and Real Property Acquisition Policies
Act of 1970 (42 U.S.C. Sections 4601 et seq. and 49 CFR Part 24) ("URA")
➢ Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. Sections 794 et seq.)
and 24 CFR Part 8 where applicable
➢ National Environmental Policy Act of 1969, as amended, 42 U.S.C. sections
4321 et seq. ("NEPA") and the related authorities listed in 24 CFR Part 58.
➢ The Clean Air Act, as amended, (42 U.S.C. Sections 1251 et seq.) and the
Clean Water Act of 1977, as amended (33 U.S.C. Sections 1251 et seq.) and
the related Executive Order 11738. In no event shall any amount of the
assistance provided under this Contract be utilized with respect to a facility
that has given rise to a conviction under the Clean Air Act or the Clean Water
Act.
➢ Immigration Reform and Control Act of 1986 (8 U.S.C. Sections 1101 et seq.)
specifically including the provisions requiring employer verifications of legal
status of its employees
➢ The Americans with Disabilities Act of 1990 (42 U.S.C. Sections 12101 et
seq.), the Architectural Barriers Act of 1968 as amended (42 U.S.C. sections
4151 et seq.) and the Uniform Federal Accessibility Standards, 24 CFR Part
40, Appendix A
➢ Regulations at 24 CFR Part 87 related to lobbying, including the requirement
that certifications and disclosures be obtained from all covered persons
➢ Drug Free Workplace Act of 1988 (41 U.S.C. Sections 701 et seq.) and 24
CFR Part 23, Subpart F
➢ Executive Order 12549 and 24 CFR Part 5.105(c) pertaining to restrictions on
participation by ineligible, debarred or suspended persons or entities
➢ Section 6002 of the Solid Waste Disposal Act, as amended by the Resource
Conservation and Recovery Act
➢ Guidelines of the Environmental Protection Agency at 40 CFR Part 247
➢ For contracts and subgrants for construction or repair, Copeland "Anti-
Kickback" act (18 U.S.C. 874) as supplemented in 29 CFR Part 5
ESG PSA CONTRACT 2013-2014 - PRESBYTERIAN NIGHT SHELTER OF TARRANT COUNTY 19
➢ For construction contracts awarded by Agency in excess of $2,000, and in
excess of $2,500 for other contracts which involve the employment of
mechanics or laborers, Sections 103 and 107 of the Contract Work Hours and
Safety Standards Act (40 U.S.C. 327A 300) as supplemented by 29 CFR Part
5
➢ Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et seq.), as
amended by the Residential Lead-Based Paint Hazard Reduction Act of 1992
(42 U.S.C. 4851 et seq.) and implementing regulations at 24 CFR Part 35,
subparts A, B, M, and R
➢ Uniform Administration Requirements of 24 CFR Part 85
14.11 HUD-Assisted Proiects and Emplovment and other Economic
Opportunities; Section 3 Requirements.
14.11.1 Requirement that Law Be Quoted in Covered Contracts. — Certain
Requirements Pertaining to Section 3 of the Housing and Urban
Development Act of 1968 as Amended (12 U.S.C. Sections 1701 et
sep.) and its Related Re�ulations at 24 CFR Part 135.
If the Program results in the creation of new employment, training, or contracting
opportunities on a contractor or subcontractor level resulting from the expenditure of the
ESG Funds, Agency shall comply with the following and will ensure that its contractors
also comply. If the work performed under this Contract is on a project assisted under a
program providing direct Federal financial assistance from HCTD, Section 3 of 24 CFR
135.38 ("Section 3") requires that the following clause, shown in italics, be inserted in all
covered contracts ("Section 3 Clause"):
Section to be quoted in covered contracts begins:
"A. The work to be performed under this contract is subject to the
requirements of Section 3 o,f' Housing and Urban Development Act of
1968, as amended, 12 U.S. C. section 1701 u(Section 3). The purpose of
Section 3 is to ensure that employment and other economic opportunities
generated by HUD assisted or HUD-assisted programs covered by
Section 3, shall to the greatest extent feasible, be directed to low- and
very-low income persons, particularly persons who are recipients of HUD
assistance for housing.
B. The parties to this contract agree to comply with HUD's
regulations in 24 CFR Part 135, which implement Section 3. As evidenced
by their execution of this contract, the parties to this contract cert� that
they are under no contractual or other impediment that would prevent
them,from complying with the Part 135 regulations.
C. The contractor agrees to send to each labor organization or
representative of workers with which it has a collective bargaining
agreement or other understanding, if any, a notice advising the labor
organization or workers' representatives of the contractor's commitments
under this Section 3 clause and will post copies of the notice in
conspicuous places at the work site where both employees and applicants
ESG PSA CONTRACT 2013-2014 - PRESBYTERIAN NIGHT SHELTER OF TARRANT COUNTY ZO
for t�aining and employment positions can see the notice. The notice shall
describe the Section 3 preference, shall set forth minimum number and job
titles subject to hire, availability of apprentice and training positions, the
qualifications for each; and the name and location of the person(s) taking
applications for each of the positions; and the anticipated date the work
shall begin.
D. The contractor agrees that it will include this Section 3 clause in
eveNy subcontract to comply with Negulation in 24 CFR Part 135, and
agr�ees to take appropriate action, as provided in an applicable provision
of the subcontract or in this Section 3 clause, upon finding that the
subcontractor is in violation of the �egulations in 24 CFR Part 135. The
contr�actor will not subcontract with any subcontractor where it has notice
or knowledge that the subcontr�actor has been found in violation of
regulations in 24 CFR 135.
E. The contractor will cert� that any vacant employment positions,
including training positions that are filed: (1) after the contractor is
selected but before the contra�t is executed, and (2) with persons other
than those to whom the regulations of 24 CFR Part 135. The contractor
will not subcontract with any subcontr^actor where it has notice or
knowledge that the subcontractor has been found in violation of
regulations in 24 CFR 135.
F. Noncomplrance with HUD's regulation in 24 CFR Part 135 may �
result in sanctions, termination of this contract for default, and debarment
or suspension fi•om future HUD assisted contracts.
G. With respect to work performed in connection with Section 3
covered Indian housing assistance, section 7(b) of the Indian Self-
Determination and Education Assistance Act (2S U.S.C. section 450e) also
applies to the work to be performed under this Contract. Section 7(b)
requires that to the greatest extent feasible (i) preference and
opportunities for tr�aining and employment shall be given to Indians, and
(ii) preference in the award of contracts and subcontracts shall be given to
Indian organizations and Indian-owned Economic Enterp�ises. Parties to
this contract that are subject to the provisions of Section 3 and Section
79b) agree to comply with Section 3 to the maximum extent feasible, but
not in derogation of compliance with Section 7(b). "
Section to be quoted in covered contracts ends.
14.11.2 Agencv Responsibilities for Section 3 Requirements.
City and Agency understand and agree that compliance with the provisions of
Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders
of HUD shall be a condition of the Federal financial assistance provided to the Program
binding upon City and Agency, and their respective successors, assigns, contractors and
subcontractors. Failure to fulfill these requirements shall subject Agency and its
contractors and subcontractors and their respective successors and assigns to those
sanctions specified by the grant agreement through which Federal assistance is provided
and to such sanctions as are specified by 24 CFR Part 135. Agency's responsibilities
include:
ESG PSA CONTRACT 2013-2014 - PRESBYTERIAN I�IIGHT SHELTER OF TARRANT COUNTY 21
14.11.2.1 Implementing procedures to notify Section 3
business concerns about training, empl
contracting opportunities generated by Secti
assistance;
residents and
,yment, and
�n 3 covered
14.11.2.2 Notifying poteniial contractors working on Section 3
covered projects of their responsibilities;
14.11.2.3 Facilitating the training and employment of Section 3
residents and the award of contracts to Section 3 business
concerns;
14.11.2.4 Assisting and actively cooperating with the HED
Department in making contractors and subcontractors
comply;
14.11.2.5 Refraining from entering into contracts with contractors
that are in violation of Section 3 regulations;
14.11.2.6 Documenting actions taken to comply with Section 3; and
14.11.2.7 Submitting Section 3 Annual Summary Reports (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 Forms.
14.11.3.1 Report to the City on a quarterly basis all applicants for
employment, and all applicants for employment by
contractors and any subcontractors. This shall include
name, address, zip code, date of application, and status
(hired/not-hired) as of the date of the report.
14.11.3.2 Advertise available positions to the public for open
competition, and provide documentation to City with the
quarterly report that demonstrates such open advertisement,
in the form of printout of Texas Workforce Commission
posting, copy of newspaper advertisement, copy of flyers
and listing of locations where flyers were distributed, and
the like.
14.11.3.3 Report to the City on a quarterly basis all contracts awarded
by contractors and any subcontractors. This shall include
name of contractor and/or subcontractor, address, zip code,
and amount of award as of the date of the report.
ESG PSA CONTRACT 2013-2014 - PRESBYTERIAN NIGHT SHELTER OF TARRANT COUNTY 22
14.12 Prohibition A�ainst Discrimination.
14.12.1 General Statement.
Agency, in the execution, performance or attempted performance of this Contract,
shall comply with all non-discrimination requirements of 24 CFR Part 5 as modified by
24 CFR 5�6.57(a) and the ordinances codified at Chapter 17, Article III, Division 4—
Fair Housing of the City Code. Agency may not discriminate against any person because
of race, color, sex, gender, religion, national origin, familial status, disability or perceived
disability, sexual orientation, gender identity, gender expression, or transgender, nor will
Agency permit its ofF'icers, members, agents, employees, or clients to engage in such
discrimination.
This Contract is made and entered into with reference specifically to the
ordinances codified at Chapter 17, Article III, Division 3- Employment Practices of the
City Code, and Agency hereby covenants and agrees that Agency, its officers, members,
agents, employees and contractors, have fully complied with all provisions of same and
that no employee, or applicant for employment has been discriminated against under the
terms of such ordinances by either or its officers, members, agents, employees or
contractors.
14.12.2 No Discrimination in Emplovment durin� the Performance of This
Contract.
During the performance of this Contract Agency agrees to the following
provision, and will require that its contractors and subcontractors also comply with such
provision by including it in all contracts with its contractors:
[Contractor or subcontractor's name] will not unlawfully discriminate against
any employee or applicants for employment because of race, color, sex, gender, religion,
national origin, familial status, disability or perceived disability, sexual orientation,
gender identity, gender expression or transgender. Agency will take affirmative action to
ensure that applicants are hired without regard to race, color, sex, gender, religion,
national origin, familial status, disability or perceived disability, sexual orientation,
gender identity, gender expression or transgender and that employees are treated fairly
during employment without regard to their race, color, sex, gender, religion, national
origin, familial status, disability or perceived disability, sexual orientation, gender
identity, gender expression or transgender. Such action shall include, but not be limited
to, the following: employment, upgrading, demotion or transfer, recruitment or
recruitment advertising, layoff or termination, rates of pay or other forms of
compensation, and selection for training, including apprenticeship. Agency agrees to post
in conspicuous places, available to employees and applicants for employment, notices
setting forth the provisions of this nondiscrimination clause.
[Contr�actoN or subcontr�actor's name] will, in all solicitations or advertisements
for employees placed by or on behalf of Agency, state that all qualified applicants will
receive consideration for employment without regard to race, color, sex, gender, religion,
national origin, familial status, disability or perceived disability, sexual orientation,
ESG PSA CONTRACT 2013-2014 - PRESBYTERIAN NIGHT SHELTER OF TARRANT COUNTY 23
gender identity, gender expression or transgender.
[Contractor or subcontr�actor's name] covenants that neither it nor any of its
officers, members, agents, employees, or contractors, while engaged in performing this
Contract, shall, in connection with the employment, advancement or discharge of
employees or in connection with the terms, conditions or privileges of their employment,
discriminate against persons because of their age or because of any disability or
perceived disability, except on the basis of a bona fide occupational qualification,
retirement plan or statutory requirement.
[Contractor or subcontractor's name] further covenants that neither it nor its
officers, members, agents, employees, contractors, or persons acting on their behalf, shall
specify, in solicitations or advertisements for employees to work on this Contract, a
maximum age limit for such employment unless the specified maximum age limit is
based upon a bona fide occupational qualification, retirement plan or statutory
requirement.
14.12.3 A�encv'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
WARRAlVTS 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, advisors and agents from using positions for a purpose that is or gives the
appearance of being motivated by a desire for private gain for themselves or others,
particularly those with whom they have family, business or other ties. Agency shall
disclose to City any conflict of interest or potential conflict of interest described above,
immediately upon discovery of such.
14.13.2 No persons who are employees, agents, consultants, officers or elected
officials or appointed officials of City or of Agency who exercise or have exercised any
functions or responsibilities with respect to activities assisted with ESG funds or who are
in a position to participate in a decision-making process or gain inside information with
regard to these activities may utilize ESG services, may obtain a financial interest or
ESG PSA CONTRACT 2013-2014 - PRESBYTERIAN NIGHT SHELTER OF TARRANT COUNTY 24
" benefit from a ESG-assisted activity, or have an interest in any contract, subcontract or
agreement with respect thereto, or the proceeds thereunder, either for themselves or those
with whom they have family or business ties, during their tenure or for 1 year thereafter,
unless they are accepted in accordance with the procedures set forth at 24 CFR 576.57(d).
14.13.3 Agency affirms that it will adhere to the provisions of the Texas Penal
Code which prohibits bribery and gifts to public servants.
14.13.4 The conflict of interest provisions of 24 CFR Part 85.36 and 24 CFR
Part 84.42, respectively, shall apply in the procurement of property and services by
Agency. In all cases not governed by those sections, the provisions of 24 CFR 576.57(d)
of the ESG Regulations shall apply.
14.14 Subcontracting with Small and Minoritv Firms, Women's
Business Enterprises and Labor Surplus Areas.
14.14.1 For procurement contracts larger than $50,000.00 Agency agrees to
abide by City's policy to involve Minority Business Enterprises and Small Business
Enterprises and to provide them equal opportunity to compete for contracts for
construction, provision of professional services, purchase of equipment and supplies and
provision of other services required by City. Agency agrees to incorporate the City's
BDE Ordinance, and all amendments or successor policies or ordinances thereto, into all
contracts and subcontracts for procurement larger than $50,000.00 and will further
require all persons or entities with which it so contracts to comply with said ordinance.
14.14.2 It is national policy to award a fair share of contracts to disadvantaged
business enterprises (DBEs), small business enterprises (SBEs), minority business
enterprises (MBEs), and women's business enterprises (WBEs). Accordingly,
affirmative steps must be taken to assure that DBEs, SBEs, MBEs, and WBEs are utilized
when possible as sources of supplies, equipment, construction and services.
14.15 Other Laws.
The failure to list any federal, state or City ordinance, law or regulation that is
applicable to Agency does not excuse or relieve Agency from the requirements or
responsibilities in regard to following the law, nor from the consequences or penalties for
Agency's failure to follow the law, if applicable.
14.16 Assi�nment.
Agency shall not assign all or any part of its rights, privileges, or duties under this
Contract without the prior written approval of Director. Any attempted assignment of
same without approval shall be void, and shall constitute a breach of this Contract.
14.17. Right to Inspect A�encv Contracts.
It is agreed that City has the right to inspect and approve in writing any proposed
contracts between Agency and any contractor engaged in any activity in conjunction with
this ESG-funded Program prior to any charges being incurred.
ESG PSA CONTRACT 2013-2014 - PRESBYTERIAN NIGHT SHELTER OF TARRANT COUNTY ZS
14.18 Force Maieure
If Agency becomes unable, either in whole or part, to fulfill its obligations under
this Contract due to acts of God, strikes, lockouts, or other industrial disturbances, acts of
public enemies, wars, blockades, insurrections, riots, epidemics, earthquakes, fires,
floods, restraints or prohibitions by any court, board, department, commission or agency
of the United States or of any States, civil disturbances, or explosions, or some other
reason beyond Agency's control (collectively, "Force Majeure Event"), the obligations so
affected by such Force Majeure Event will be suspended only during the continuance of
such event. Agency will give City written notice of the existence, extent and nature of
the Force Majeure Event as soon as reasonably possible after the occurrence of the event.
Failure to give notice will result in the continuance of Agency's obligation regardless of
the extent of any existing Force Majeure Event. Agency will use commercially
reasonable efforts to remedy its inability to perform as soon as possible.
15. INDEMNIFICATION AND RELEASE.
AGENCY COVENANTS AND AGREES TO INDEMNIFY, 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 HIND OR CHARACTER, WHETHER REAL OR
ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THE
EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE OR
NONPERFORMANCE OF THIS CONTRACT AND/OR THE OPERATIONS,
ACTIVITIES AND SERVICES OF THE PROGRAM DESCRIBED HEREIN,
WHETHER OR NOT CAUSED IN WHOLE OR IN PART, BY ALLEGED
NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES,
CONTRACTORS OR SUBCONTRACTORS OF CITY; AND AGENCY HEREBY
ASSUMES ALL LIABILITY AND RESPONSIBILITY OF CITY AND ITS
OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES FOR ANY AND ALL
CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR
PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF
WHATSOEVER KINDS OR CHARACTER, WHETHER REAL OR ASSERTED,
ARISING OUT OF OR IN CONNECTION WITH THE EXECUTION,
PERFOP:MANCE, ATTEMPTED PERFORMANCE OR NONPERFORMANCE
OF THIS CONTRACT AND/OR THE OPERATIONS, ACTIVITIES AND
SERVICES OF THE PROGRAM DESCRIBED HEREIN, WHETHER OR NOT
CAUSED IN WHOLE OR IN PART BY ALLEGED NEGLIGENCE OF
OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS OR
SUBCONTRACTORS OF CITY. AGENCY LIKEWISE COVENANTS AND
AGREES TO AND DOES HEREBY INDEMNIFY AND HOLD HARMLESS
CITY FROM AND AGAINST ANY AND ALL INJURY, DAMAGE OR
DESTRUCTION OF PROPERTY OF CITY, ARISING OUT OF OR IN
CONNECTION WITH ALL ACTS OR OMISSIONS OF AGENCY, ITS
OFFICERS, MEMBERS, AGENTS, EMPLOYEES, CONTRACTORS,
SUBCONTRACTORS, VENDORS, INVITEES, LICENSEES, OR CLIENTS, OR
ESG PSA CONTRACT 2013-2014 - PRESBYTERIAN NIGHT SHELTER 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 TI3E SOLE OR CONCURRING
CAUSE OF THE INJURY, DAMAGE OR DEATH.
AGENCY AGREES TO AND SHALL RELEASE CITY, ITS AGENTS,
EMPLOYEES, OFFICERS AND LEGAL REPRESENTATIVES FROM ALL
LIABILITY FOR INJURY, DEATH, DAMAGE OR LOSS TO PERSONS OR
PROPERTY SUSTAINED IN CONNECTION WITH OR INCIDENTAL TO
PERFORMANCE UNDER THIS CONTRACT, EVEN IF THE INJURY, DEATH,
DAMAGE OR LOSS IS CAUSED BY CITY'S SOLE OR CONCURRENT
NEGLIGENCE.
AGENCY SHALL REQUIRE ALL OF ITS CONTRACTORS,
SUBCONTRACTORS AND VENDORS TO INCLUDE IN THEIR CONTRACTS
AND SUBCONTRACTS A RELEASE AND INDEMNITY IN FAVOR OF CITY
IN SUBSTANTIALLY THE SAME FORM AS ABOVE.
16. WAIVER OF IMMUNITY BY AGENCY.
If Agency, as a charitable or nonprofit organization, has or claims an immunity or
exemption (statutory or otherwise) from and against liability for damages or injury,
including death, to persons or property, Agency hereby expressly waives its rights to
plead defensively such immunity or exemption as against City. This section shall not be
construed to affect a governmental entity's immunities under constitutional, statutory or
common law.
17. INSURANCE AND BONDING.
Agency will maintain coverage in the form of insurance or bond in the amount of
$85,065.00 to insure against loss from the fraud, theft or dishonesty of any of Agency's
officers, agents, trustees, directors or employees. The proceeds of such insurance or bond
shall be used to reimburse City for any and all loss of ESG Funds occasioned by such
misconduct. To effectuate such reimbursement, such fidelity coverage shall include a
rider stating that reimbursement for any loss or losses shall name the City as a Loss
Payee.
Agency shall furnish to City in a timely manner, but not later than the Effective
Date, certificates of insur•ance as proof that it has secured and paid for policies of
commercial insurance as specified herein. If City has not received such certificates by
the Effective Date, Agency shall be in default of the Contract and City may, at its option,
ESG PSA CONTRACT 2013-2014 - PRESBYTERIAN NIGHT SHELTER OF TARRANT COUNTY 27
terminate the Contract.
Such insurance shall cover all insurable risks incident to or in connection with the
execution, performance, attempted performance or nonperformance of this Contract.
Agency shall maintain, or require its general contractor to maintain, the following
coverage and limits thereof:
Commercial General Liabilitv (CGL) Insurance
$500,000 each occurrence
$1,000,000 aggregate limit
Non-Profit Or�anization Liability or Directors & Officers Liabilitv
$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 availability of the above coverage and at the discretion of City, the policy
shall be the primary responding insurance policy versus a personal auto insurance policy if
or when in the course of Agency's business as contracted herein.
Workers' Compensation Insurance
Part A: Statutory Limits
Part B: Employer's Liability
$100,000 each accident
$100,000 disease-each employee
$500,000 disease-policy limit
Note: Such insurance shall cover employees performing work on any and all projects
including but not limited to construction, demolition, and rehabilitation. Agency or its
contractors shall maintain coverages, if applicable. In the event the respective contractors
do not maintain coverage, Agency shall maintain the coverage on such contractor, if
applicable, for each applicable contract.
Additional Requirements
Such insurance amounts shall be revised upward at City's reasonable option and no more
frequently than once every 12 months, and Agency shall revise such amounts within 30
days following notice to Contractor of such requirements.
ESG PSA CONTRACT 2013-2014 - PRESBYTERIAN NIGHT SHELTER OF TARRANT COUNTY 28
Agency will submit to City documentation that it has obtained insurance coverage and
has executed bonds as required in this Contract prior to payment of any monies provided
hereunder.
Where applicable, insurance policies required herein shall be endorsed to include City as
an additional insured as its interest may appear. Additional insured parties shall include
employees, officers, agents, and volunteers of City.
The Workers' Compensation Insurance policy shall be endorsed to include a waiver of
subrogation, also referred to as a waiver of rights of recovery, in favor of City.
Any failure on part of City to request certiiicate(s) of insurance shall not be construed as
a waiver of such requirement or as a waiver of the insurance requirements themselves.
Insurers of Agency's insurance policies shall be licensed to do business in the state of
Texas by the Department of Insurance or be otherwise eligible and authorized to do
business in the state of Texas. Insurers shall be acceptable to City insofar as their
financial strength and solvency and each such company shall have a current minimum
A.M. Best Key Rating Guide rating of A-: VII or other equivalent insurance industry
standard rating otherwise approved by City.
Deductible limits on insurance policies shall not exceed $5,000 per occurrence unless
otherwise approved by City.
In the event there are any local, federal or other regulatory insurance or bonding
requirements for the Program, and such requirements exceed those specified herein, the
former shall prevail.
Agency shall require its contractors to maintain applicable insurance coverages, limits,
and other requirements as those specified herein; and Agency shall require its contractors
to provide Agency with certificate(s) of insurance documenting such coverage. Also,
Agency shall require its contractors to have City and Agency endorsed as additional
insureds (as their interest may appear) on their respective insurance policies.
Directors 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 alleged errors in judgment, breaches
of duty and wrongful acts arising out of their organizational duties. Coverage shall
protect not only the entity, but all past, present and future directors, officers, trustees,
employees, volunteers and committee members.
ESG PSA CONTRACT 2013-2014 - PRESBYTERIAN NIGHT SHELTER OF TARRANT COUNTY 29
18. CERTIFICATION REGARDING LOBBYING.
The undersigned representative of Agency hereby certifies, to the best of his or
her knowledge and belief, that:
No Federal appropriated funds have been paid or will be paid, by or on behalf of
Agency, to any person for influencing or attempting to influence an officer or
employee of any agency, a member of Congress, an officer or employee of
Congress in connection with the awarding of any Federal contract, the making of
any Federal grant, the making of any Federal loan, the entering into of any
cooperative agreement and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan or cooperative agreement.
If any funds other than federally appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence an officer or employee of
any agency, member of Congress in connection with this Federal contract, grant,
loan or cooperative agreement, Agency shall complete and submit Standard
Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its
instt•uctions.
This certification is a material representation of fact upon which reliance was
placed when this Contract was made or entered into. Submission of this
certificate is a prerequisite for making or entering into this Contract imposed by
31 U.S.C. Section 1352. Any person who fails to �le the required certification
shall be subject to a civil penalty of not less than $10,000.00 and not more than
$100,000.00 for each such failure.
Agency shall require that the language of this certification be included in all
subcontracts or agreements involving the expenditure of Federal funds.
19. LITIGATION AND CLAIMS.
Agency shall give City immediate notice in writing of any action, including any
proceeding before an administrative agency, filed against Agency in conjunction with this
Contract or the Program. Agency shall furnish immediately to City copies of all pertinent
papers received by Agency with respect to such action or claim. Agency shall provide a
notice to City within 10 days upon filing under any bankruptcy or financial insolvency
provision of law.
20. NOTICE.
All notices required or permitted by this Contract must be in writing and are
deemed delivered on the earlier date of the date actually received or the third day
following deposit in a United States Postal Service post office or receptacle; with proper
postage, certified mail return receipt requested; and addressed to the other Party at the
address set out below or at such other address as the receiving Party designates by proper
notice to the sending Party.
ESG PSA CONTRACT 2013-2014 - PRESBYTERIAN NIGHT SHELTER OF TARRANT COUNTY 3O
Ci�:
City Attorney's Office
1000 Throckmorton Street
Fort Worth, TX 76102
Telephone: 817-3 92-7600
Copy to:
Director of Housing and Economic Development
1000 Throckmorton Street
Fort Worth, TX 76102
Telephone: 817-3 92-7540
Copy to:
Development Project Coordinator — Housing and Economic Development
1000 Throckmorton Street
Fort Worth, TX 76102
Telephone: 817-392-6342
A�encv:
Presbyterian Night Shelter of Tarrant County
Executive Director
2400 Cypress
Fort Worth, TX 76102
817-632-7400
21. AGENCY HAS LEGAL AUTHORITY TO ENTER INTO CONTRACT.
Agency represents that it possesses the legal authority, pursuant to any proper,
appropriate and official motion, resolution or action passed or taken, to enter into this
Contract and to perform the responsibilities herein required.
22. COUNTERPARTS.
This Contract may be executed in multiple counterparts, each of which shall be
considered an original, but all of which shall constitute one instrument which may be
sufficiently evidenced by one counterpart.
[SIGNATURES APPEAR ON NEXT PAGE)
ESG PSA CONTRACT 2013-2014 - PRESBYTERIAN NIGHT SHELTER OF TARRANT COUNTY 31
IN WITNESS WHEREOF, the Parties hereto have executed 4 duplicate
originals of this Contract in Fort Worth, Tarrant County, Texas.
.
ATT T: -1-- ) CITY OF FORT WORTH
; /�j l ) � / /� /
;�' l�"�� �" / � By: /(/j'Y��na�O C..roh..—.
it Secretaiy,, ' � Fernando Costa, Assistant City Manager
M&C: C-2636;y
Date: August 6, 2013
APPR � VED AS TO FORM D LEGALITY:
�
� � � ` � �������
Assistant City Attorney
�,�,SS
By: ) e�i� �--
Name: �o�oy Dwcv�
Title: CCo
�r�s(�Y�; p,,...
n;�- s►,�-�
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me o , 2013 by
Fernando Costa, Assistant City Manager of the City f Fort Worth, on behalf the City of
Fort Worth.
� :;H��;r�s
State ofTexas
..,r -�,: -< i•�iy �::, r,� i �ission Expires
�"%"; ''�+�'� J u ly i 0, 2017
*�'.,Fb��.
Public, State of Texas
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on ��i /� , 2013
� wEt/ , the G�Q of Presbyterian Night Shelter of Tarrant County;�
Texas non-profit corporation, on behalf of sai corporation.
�� n -^ � • -
blic, State of Texas
ESG PSA CONTRACT 2013-2014 - PRESBYTERIAN NIGHT SHELTER OF TARRANT
by
C�Fi�IGl6��. �IECORD
�����'3���IRE�ARV
��� ����y ��
EXHIBITS:
Exhibit "A" — Program Summary
Exhibit "A-1" — 2013 HUD Income Limits
Exhibit "A-2" — Environmental Mitigation Action
Exhibit "B" — Budget
Exhibit "C" — Audit Certification Form
Exhibit "D" — Reimbursement Forms
Exhibit "E" — Form of Income Self-Certification
Exhibit "F" — Standards for Complete Documentation
Exhibit "G" — ESG Performance Standards
Exhibit "H" — Match Report
Exhibit "I" — ESG Staff Certification Form
Exhibit "J" - Section 3 Reporting Forms
ESG PSA CONTRACT 2013-2014 - PRESBYTERIAN NIGHT SHELTER OF TARRANT COUNTY 33
Presbyterian Night Shelter
Emergency Shelter and Case Management
PROGRAM SUMMARY
Emergency Solutions Grant
(ESG)
October 1, 2013 to September 30, 2014
PERIOD
$85,065.00
AMOUNT
PROGRAM:
The program will provide homeless persons in Fort Worth access to emergency shelter
services including food, clothing, showers, and basic toiletries. Case management and
counseling is also available on-site.
ESG funds will be used to pay for salary, FICA, and fringe benefits for shelter employee.
ESG funds will also be used to pay for shelter security and general commercial liability.
Program services will be available 24 hours a day, 7 days a week, at the following locations:
Main Emergency Shelter - 2400 Cypress, Foi�t Worth,
Lowdon-Schutts Building for Women and Children
76102
REGULATORY CLASSIFICATION:
TX ?6102
- 2401 Cypress, Fort Worth, Texas
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 tha
100% clients served are homeless or at risk of homelessness based on the
definitions.
PROGRAM GOALS:
Provide services to approximately 2000 Unduplicated Clients
EXHIBIT A
PROGRAM SUMMARY
t verifies that
current HUD
EXHIBIT A— ESG: PRESBYTERIAN NIGHT SHELTER
EXHIBIT "A-1"
2013 HUD INCOME LIMITS
2013 Median Family Income — Fort Worth/Arlington, TX*
1 Person 2 Persons 3 Persons 4 Persons 5 Persons 6 Persons 7 Persons 8 Persons
30%AMI $13,850 $15,800 $17,800 $19,750 $21,350 $22,950 $24,500 $26,100
50% AMI $23,050 $26,350 $29,650 $32,900 $35,550 $38,200 $40,800 $43,450
80%AMI $36,900 $42,150 $47,400 $52,650 $56,900 $61,100 $65,300 $69,500
XIncome limits are established and published at least annually by HUD.
EXHIBIT B - BUDGET
�� tYccount �r�'- ,`;<�Grant�Bud ets A� B C �TOTAL������
EMERGENCYSHELTER
�� -.., . ., ., ,
ESSENTIAL SERVICES
Salaries 1001 31,48G 67,164 67,164 671,562 837,376
Life Insurance 1002
I-Iealth Insurance 1003 4,590.11 9,945 9,945 62,310.89 86,791
Unemplo}�ment 1004 1,058 953 9,054 11,065
Worker's Com ensation 1005 71? 8,184 8,901
Reurement (FICA/Medicare) ]00G 1,989 5,138 5,138 51,794 64,059
OEfce Su plies 1007
Posta e 1008
Printin 1009
Ccaft Su lies i]10
Food Su lies I1]1
Insurance 7112
ticcounting I 1 ] 3
Contract Labor 1114
SHELTER OPERATIONS
Mainrenance I115 50,899 50,899
Itent 1116
Securi 1117 26,000 285 26,285
Insurance 1118 21,000 1,981 22,981
Utilities 1119 71,196 77,672 148,868
Sup lies 1120 54,628 213,993 268,621
Hotel/Motel Vouchers 1121
RENOVATIONS
SUBTOTAL EMERGENCY SHELTER 85,0G5.11 209,846 83,200 1,147,734.89 1,525,846
HOUSING RELOCATIQN AND STABILIZATION ' =.: `
Salaries- Prevention 2001
FICA- Prevention 2002
Life Insurance- Pre��ention 2003
Health Insurance- Prevention 2004
Disability Insurance- Prevention 2005
Unem lo ment-State- Prevention 2006
Salaries- ReI-Iousin 2007
FICA- ReHousing 2008
Life Insurance-ReHousing 2009
Health Insurance- ReHousin 2010
Disabili � Insurance- ReHousin 2011
Unem lo ment-State- ReHousin 2012
SUBTOTAL- HR&S
FINANCIAL'ASSISTANGE
Rental tlssistance- Prevention 3001
Renta( Assistance- ReHousin 3002
Utili Pa ments- Prevention 3003
Utili De osits- ReHousin 3004
Moving Costs- ReHousing 3005
Motel/Hotel Vouchers- ReHousing 3006
5ecuri De osits- ReHousin 3007
SUBTOTAL- FINANCIAL ASSISTANCE
� HMIS � • � , s �. ,- . ��1. � , � . , . _.: _ . �
I-IMIS- Pre��ention 4001
HMIS- ReI-Iousing 4002
SUBTOTAL- HMIS
TOTAL ESG CONTRACT AMOITNT ; _ :. :,"85;055 ll " ' =, - 209;846. ._- - • . 83,200 ' 1,147;734:89 =_ 1;525,846
FUNDING A: OTHER STATE AND FEDERAL FUNDING
FUNDING B: DII2ECTIONS HOME
FUNDING C: PRNATE DONATIONS
EXHIBIT B- ESG: PRESBYTERIAN IVIGHT SHELTER
The f�llowing 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 EXI-IIBIT 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 Gi•ant Grant
Relo c a ti on/Sta bil izati o n
Services
Shelter Essential Services $13/hour, 2,080 96% $26,000
Coordinator $27,040
annuall
Shelter Essential Services $41,200 2,080 13% $5,486
Operations annually
Manager
N/A
FRINGE DETAIL
Percent of Payroll Amount Percent to Grant Amount to Grant
FICA 7.65% 5,220 38% 1,989
Life Insurance N/A
Health Insurance 13% 8,623 53% 4,590.11
Unemployment N/A
Workers Com ensation N/A
Retirement N/A
SUPPLIES AND SERVICES
Total Budget Percent to Grant Amount to Grant
Office Supplies N/A
Office Equipment Rental N/A
Postage N/A
Printing N/A
MISCELLANEOUS
Total Budget Percent to Grant Amount to Grant
Conference & Seminars N/A
ConstructionBuilding Materials N/A
Contract Labor N/A
Craft Supplies N/A
Credit Reports N/A
Facility Fees N/A
Field Trip Costs NJA
Food Supplies N/A
Mileage N/A
Teaching Aids N/A
FACILITY AND UTILITIES
Total Budget Percent to Grant Amount to Grant
Tele hone 16,065 0 0
Electric 56,000 0 0
Gas 13,610 0 0
Water and Wastewater 44,200 0 0
Solid Waste Dis osal 10,350 0 0
Rent 0 0 0
EXHIBIT B— ESG: PRESBYTERIAN NIGHT SHELTER 2
Custo�lial Services 0 0 0
Repairs 50,899 0 0
Cleaning Supplies 36,143 0 0
Security 26,285 99% 26,000
FINANCIAL
INSURANCE
FINANCIAL ASSISTANCE
Total Budget Percent to Grant Amount to Grant
Rapid Re-Housing N/A
Homelessness Prevention N/A
.�I[.
Total Budget Percent to Grant Amount to Grant
Ra id Re-Housing N/A
Homelessness Prevention N/A
EXHIBIT B— ESG: PRESBYTERIAN NIGHT SHELTER
EXHIBIT "A-2"
ENVIRONMENTAL MITIGATION ACTION
NONE REQUIRED
EXHIBIT "C"
Audit Certi�cation Form
[See attached]
AUDIT CERTIFICATION FORM AND AUDIT REQUIREMENTS
Agency:
Fiscal Year Ending:
Name of AEencv
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 feder•ally required audit requirements described in OMB Circulars A-133 by the
required due date may result in suspension of funding and may affect eligibility for future funding.
Notwithstanding the above, this certification acknowledges the agency's commitment to meet all
other iinancial reporting, financial statements, and other audit requirements as may be set forth
in the Contract.
Exhibit "D" - Reimbursement Forms
[See attached]
Attachment I
INVOICE
Agency:
Address:
City, State, Zip:
Program:
Period of Service:
Agency`s C;ertitication: 1 certiiy 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 acicnowledged that the provision of false
information could leave the certifying official subject to the
Signature and Date:
Name:
Title:
Alfachmcnt It
Cify of Rort Worth
Housing and Economic Development Depxrtment
Ezpenditurc Worksheet
Agcncy: Name
Program: ProqrxmNxme
'Pnyroll musl idenliPy emplq�ee. Rent musl identify tenant. Otherpaymenls should identify individual:
Highlighted are t6e only relevant coda (or ihis Program.
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Exhibit "E"
Form of Income Self-Certifcation
[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. 0 WHITE ❑ BLACK/AFRICAN AMERICAN ❑ BLACK/AFRICAN AMERICAN & WHITE
❑ FEMALE ❑ AMERICAN INDIAN/ALASKAN NATIVE ❑ ASIAN
❑ AMERICAN INDIAN/ALASICAN NATIVE & WHITE ❑ ASIAN & WHITE
❑ NATIVE HAWAIIAN/OTF-IER PACIFIC ISLANDER ❑ BALANCE/OTI�R
❑ 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:
(Include Yourself AND everyone who
lives in the house.)
Certi�ication:
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, SECTIONIOOI OF THE U.S. CODE STATES THAT A PERSON IS GUILTY OF A FELONY
FOR KNOWINGLY AND WILLINGLY MAKING FALSE OR FRAUDULENT STATEMENTS TO ANY DEPARTMENT OF
THE UNITED STATES GOVERNMENT.
Signature of Applicant
Date
For use by funding agency:
Household Size:
Income Limit:
Person Making Determination: Date:
IS CLIENT WOMEN HEAD OF HOUSEHOLD
❑ YES
❑ NO
Annual Income:
Is Applicant Eligible:
Household Members and Income
CERTIFICACION DE DECLARACION DE INGRESOS
Nombre dei Solicitante:
Domicilio Actual:
**INFORMACION PERSONAL: (Seleccione uno en cada categoria. Informacibn opcional para prop6sitos de informacidn Federal)
a. ❑ MASCULINO b. � CAUCASICO ❑ NEGRO/AFRICANO AMERICANO
❑ NEGRO/AFRICANO AMERICANO & CAUCASICO
❑ FEMININO ❑ INDIO AMERICANO/NATIVO DE ALASKA ❑ ASIATICO
❑ INDIO AMERICANO/NATIVO DE ALASKA & CAUCASICO ❑ ASIATICO & CAUCASICO
❑ NATIVO HAWAIANO/OTRO DE LAS ISLAS PACIFICAS ❑ BALANCE/OTRO
❑ INDIO AMERICANO / NATIVO DE ALASKA & NEGRO/AFRICANO AMERICANO
a ETNICIDAD d. DISCAPACITADO e. �ES EL SOLICITANTE LTNA MUJER Y CABECERA DEL HOGAR?
❑ HISPANO ❑ SI ❑ SI
❑ NO-HISPANO ❑ NO ❑ NO
* NUMERO TOTAL DE MIEMBROS EN EL HOGAR
Ingreso total del hogar anual anticipado:
Certificacion:
Firma del Solicitante
Certi�co que la informacion que proporciono es verdad y podria ser susceptible a la comprobacion a cualquier
tiempo por terceros. Yo tambien reconozco que la provision de informacion falsa me podria dejar sujeto a las
penalidades Federales, Estatales y locales.
ADVERTENCIA: TITULO 18, SECCION 1001 DEL CODIGO DE EE.UU. QUE UNA PERSONA ES
CULPABLE DE UN DELITO POR SABER Y VOLUNTARIAMENTE HACER DECLARACIONES
FALSAS O FRAUDULENTAS A CUALQUIER DEPARTAMENTO DEL GOBIERNO
ESTADOUNIDENSE.
Numero de Telefono:
(Incluye a si mismo y a todos los que viven en
la casa)
Fecha
Para el uso de la agencia financiando:
# De Miembros en el Hogar:
Limite de Ingreso:
Persona haciendo la determinacion:
Ingreso Anual:
�Es el solicitante elegible? :
echa:
Miembros en el Ho a�r e In�resos
Exhibit "F" - Standards for Complete Documentation
[See attached]
2013-2014 Documentation Standards for
Public Service Contract Expenses
an employee works soiely with ContraG eii9lble clients and soleiy on Contract eli9lble iiems�, then the empioyee's entire saiary ts eligibie for
imbursement. Twice in each calendar year, the client must submit a written statement verirying ihat the above contlftions are still true. The
atement must also be signed be a person authorized to sign on behalf of the agency.
an employee works on a variety ot programs, orworks wiih a mbAure of Contrac( eligibie clients and noo-eli9lble clients, then fie City will onty
�imburse for a reasonable poAion of the employee's salary. Each reimbursement request must inciude not onry the employee's timesheet, but also
work log 6reaking out the employee's time by project or activiiy. For employees paid wilh muttiple funding sources, timesheels must refiect all
�nding sources. If separate timesheets are kept for each Ponding source, all such timesheets must be submitled to Cfty.
employees are paid by direct tleposit retherthan check, then the agency must submit both the direct deposit payment company's report (such as
ADT repoA) and a bank statement or check showing payment to the direct deposit company.
pays gross
f1iLTiliLa
he City pays gross salary, this is aireatly inclutletl. It we pay tne empioyer ponwn, tnen tne empioyer mus[ snow a ca�cuiauon ano aoc�
how the invoiced amount was calcuiated, must include an invoice Bom the insurer, and must include documentation showl�9 payment.
�ays gross salary, this is alreatly inclutlea. it we pay tne e
Invoiced amount was caiculated, musl include an invo(ce
pays gross salary, this is aireatly Includea. u we pay tne empwyer �
: invoiced amount was calcuiated, must inciude an tovotce from the
pays gross
nen tne empioyer must snow a caicmauon ana aoc�
and must inciude documenlation showing payment.
hen the employer must show a calcWatton antl tloc�
and must include tlocumentation showing paymenl.
e pay gross saiary, Ihis (s aiready incivaea. if we pay the employer ponwn, tnen tne empioyer mus[ snow a caicmauon ana aocumemauon
invoiced amount was calcuiatetl, must and inciude tlocumentation showing payment, and prior to the first reimbursement, must include the
an
soutces.
agency shouid maintain intormatton regartling mailouls. it the agency has a Nrtney dowes macmne or uKe posr
hine must be on file. Likewise, if maii is categorized by payment source, then those records must be on file. For
ion to admission expenses, food expenses will aiso be allowed so iong as the agency
purchases on all fieid trips, not just Contract-funded field trips.
and
maiiouts, lhe agency
�
�
the CoMract
� requires that ihe agency submd iis fee schedule, showing a breakoui of inwme levels, antl for each level a breaKouf o( the portion of tne
ense to be paid by famity and ihe podton to be reimbursed by the Cdy. This fee schedule (s required pdorto the firet payment. We aiso require
i�come eligiblity of each househoid so thai we can deiertnine if we are being changed in confortnance wfth the fee schedule. If the fee schetlule
nges at any ttme during the contract year, the agency must notiry Gty and provide a new schedule wAhin 30 days of the change.
'Pfoof of payment effeCtiVe OCtober 1, 2013: Payments or Eupenses must be documented in the following manner:
A) image of lhe check AND bank stalement showing ihe check cleared the bank; OR,
B) Image of lhe canceiled check (ex. Al end of bank statement); OR,
C) Payroll "Advace" or Siatement AND Bank Statement (ndicating payroll; OR,
D) For wire or e-transfers: Rectept or statement from payee/vendor OR bank statement.
EXHIBIT "G" — ESG PERFORMANCE STANDARDS
Emer enc Solutions Grant Performance Standards
Activi Out utlOutcoine
Street Outreach Number of persons:
- Placed in shelter or safe havens
- With more non-cash benefits at program exit
- Receiving case management
Emergency Shelter Number of persons:
- Exiting to temporary/transitional housing destinations
- Exiting to permanent housing destinations
- Receiving case management
Homelessness Number of persons:
Prevention - Who maintained their permanent housing for 3 months
- Exiting to permanent housing destinations
- With higher income at program exit
- With more non-cash benefits at program exit
- Receiving case management
Rapid Re-Housing Number of persons:
- Who maintained their permanent housing for 3 months
- Exiting to permanent housing destinations
- With higher income at program exit
- With more non-cash benefits at program exit
- Receiving case management
In order to successfully record performance outcomes, the CoC system requires that once
a household is enrolled in an ESG program, non-domestic violence agencies must
complete an initial HL1D 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 "H"
Match Report
[See attached]
CITY OF FORT WORTH
HOUSING AND ECONOMIC DEVELOPMENT DEPARTMENT
EMERGENCY SOLUTIONS GRANT
This attachment is designed to document proposed sources and to assess compliance with
the required Emergency Shelter Grant (ESG) match portion at 24 CFR 576.51. ESG
funds are matched dollar-for-dollar for each program year allocation.
City of Fort Worth ESG Funds $ Agency ESG Match $
l. SOURCES OF LOCAL MATCH:
Other Federal (including pass-through funds, e.g., City CDBG, County FEMA, etc.)
MATCH SOURCE MATCH AMOUNT
$
�
TOTAL MATCFI �
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 match funds identified in this report are not included
as contribution for any other federaliy assisted project or program as required by 24 CFR 84.23 (a) (2)
Date: Submitted by: Phone Number:
EXHIBIT ��I"
Staff ESG Certifcation 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 reimbwsement for the 4'h month of rent for a client (excluding arrears).
1. General Information
Head of Household Name:
Names of Other Household Members:
Age:
Age:
Age:
Age:
Age:
Age:
Household Income is less than 30% AMI? Yes ❑ No ❑
Client Lacks Resources/Support Networks? Yes ❑ No ❑
Type(s) of ESG Financial Assistance: Rent ❑ Rent Arrears ❑ Utility ❑ Deposit(s) ❑
Unit Address (must be in City of Fort Worth):
2. Other ESG Re uirements
Lease in agency �le? Yes ❑ No ❑
Client receives NO other rental subsidy (ie. Housing Choice Voucher)? Yes ❑ No ❑
Rental Assistance Agreement between landlord and agency in agency file? Yes ❑ No ❑
Unit Number of Bedrooms:
Fair Marlcet Rent (FMR) & Rent Reasonableness: Area FMR Limit (as published by I-IUD):
Unit Rent per lease:
Unit meets Habitability Standards? Yes ❑ No ❑ Date of Inspection:
3. Lead-Safe Housin�:
Applicable when (1) providing ESG rental assistance for more than 3 months excluding arrears, (2) pre-1978 housing unit, AND (3) child under 6 in household.
Not Applicable ❑
Number of Months Rental Assistance Provided (excluding arrears):
Year Housing Unit Built: Visual Inspection Indicates Unit and Property Free of Deteriorated Paint?
Yes ❑ No ❑
Name of Visual Assessor*:
*For named, agency must have on file a certificate of completion of HtJD's Visual Assessment Course (httn'//�vw�+� hud eov/offices/lead/trainin�/visualassessmenUh00100.cfin)
Required certifications: Each person signing below certifies to the following: (i) To the best of my knowledge, the program participant named above meets all
requirements to receive assistance under the Emergency Solutions Grant (ESG). (2) To the best of my knowledge and ability, all of the information used in making this
eligibility determination is true and complete. (3) I am not related to the program participant through family, business or other personal ties. (4) To the best of my
knowledge, neither 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. ]001 and 18 U.S.C. 641 (6) I understand that if any of these certifications is found to be false, I will be subject to criminal, civil and administrative
penalties and sanetions.
ESG Staff Signature:
ESG Supervisor Signature:
Date:
Date:
EXHIBIT "J"
SECTION 3 REPORTING FORMS
[See attached]
EXHIBIT "J"
Section 3 Summary Repor#
Economic Opportunities for
Low — and Very Low-Income Persons
U.S. Department of Housing
and Urban Development
Office of Fair Housing
And Equal Opportunity
OMB Approval No: 2529-0043
(exp. 11 /30/2010)
HUD Fieid Office: �
Section back of page for Public Reporting Burden statement
1. Recipient Name 8 Address: (street, city, state, zip) 2. Federal Identificaliorr. (grant no.) 3. Total Amount of Award:
4. Contact Person 5. Phone: Qnciude area code)
6. Length of Grant: 7. Reporting Period:
8. Date Report Submitted: 9. Program Code: (Use separale 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 Totai Staff Hours Number of Seciion 3
Job Category New Hires Hires that are of Staff Hours of New Hires for Section 3 Employees Trainees
Sec. 3 Residents 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= PubliGindian Housing 4= Homeless Assistance
1= Fie�ble Subsidy A= Deveiopment, 5= HOME
2= Section 202/811 B= Operation 6= HOME State Administered
C= Modernizalion 7= CDBG Entitlement
Page 1 of 2
8 = CDBG State Administered
9 = Other CD Programs
10 = Other Housing Programs
form HUD 60002 (6/2001)
Ref 24 CFR 135
Part II: Contracts Awarded
1. Construction Contracts:
A. Totai doilar amount of aii contracts awarded on the project
B. Totai doliar amount of contracts awarded to Section 3 businesses
C. Percentage of the toial dollar amount ihat was awarded to Section 3 businesses � %
D. Total number of Section 3 businesses receiving contracts
2. Non-Construction Contracts:
A. Total doilar amount ali non-construction contracts awarded on the projecVactivity
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-construcfion contracts
Part III: Summary
o�
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, particulariy those who
are recipients of government assistance for housing. (Check all that apply.)
Attempted to recruit low-income residents through: local advertising media, signs prominently displayed at the project site,
contracts with the community organizations and public or private agencies operating within the metropolitan area (or
nonmetropolitan county) in which the Section 3 covered program or project is located, or similar methods.
Participated in a HUD program or other program which promotes the training or employment of Section 3 residents.
Participated in a HUD program or other program which promotes the award of contracts to business concerns which meet the
definition of Section 3 business concerns.
Coordinated with 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 tor 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, particulariy 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 financial assistance for housing and community development programs covered by Section 3. The
information will be collected annually to assist HUD in meeting its reporting requirements under Section 808(e)(6) of the Fair Housing Act
and Section 916 of the HCDA of 1992. An assurance of confidentiality is not applicable to this form. The Privacy Act of 1974 and OMB
Circular A-108 are not applicable. The reporting requirements do not contain sensitive questions. Data is cumulative; personal identifying
information is not included.
Page 2 of 2 form HUD 60002 (11/2010)
Ref 24 CFR 135
Form HUD-60002, Section 3 Summary Report, Economic Opportunities for Low- and Very Low-Income Persons.
Instructions: This form is to be used to report annuai
accomplishments regarding employment and other economic
opportunities provided to low- and very low-income persons under
Section 3 of the Housing and Urban Development Act of 1968. The
Section 3 regulations apply to any public and Indian housing
programs that receive: (1) development assistance pursuant to
Section 5 of ihe U.S. Housing Act of 1937; (2) operating assistance
pursuant to Section 9 of the U.S. Housing Act of 1937; or (3)
modernization grants pursuant to Section 14 of the U.S. Housing Act
of 1937 and to recipients of housing and community development
assistance in excess of $200,000 expended for: (1) housing
rehabilitation (including reduction and abatement of lead-based paint
hazards); (2) housing construction; or (3) other public construction
projects; and to contracts and subcontracts in excess of $100,000
awarded in connection with the Section-3-covered aciivity.
Form HUD-60002 has three parts, which are to be completed for
ail programs covered by Section 3. Part I relates to emp/oyment
and training. The recipient has the option to determine numerical
employmenVtraining 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 contraciing, and Part III summarizes recipienis' efforYs to
comply with Section 3.
Recipients or contractors subject to Section 3 requirements must
maintain appropriate documentation to establish that HUD financial
assistance for housing and community development programs were
directed toward low- and very iow-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 assisiance requires an annual
performance report, this Section 3 report is to be submitted at the
same time the program performance report is submiited. Where an
annual performance report is not required, this Section 3 report is to be
submitted by January 10 and, if the project ends before December 31,
within 10 days of project completion. OnlyPiime Recipients are
iequired to report to HUD. The report must include
accomplishments of all recipients and theii Section 3 covered
confractors and subcontractors.
HUD Fieid Office: Enter the Field Office name .
1. Recipient: Enter the name and address of the recipient
submitting this report.
2. Federal Ideniification: Enter the number that appears on the
award form (with dashes). The award may be a grant,
cooperative agreement or contract.
3. Dollar Amount of Award: Enter the dollar amount, rounded to the
nearest dollar, received by the recipient.
4& 5. Contact Person/Phone: Enter ihe name and telephone number
of ihe person with knowledge of the award and ihe recipient's
implementation of Section 3.
6. Reporting Period: indicate the time period (months and year)
this report covers.
7. Date Report Submitted: Enter the appropriate date.
8. Program Code: Enter the appropriate program code as listed at
the bottom of the page.
9. Program Name: Enter the name of HUD Program corresponding
with the "Program Code" in number 8.
Part I: Employment and Training Opportunities
Column A: Contains various job categories. Professionals are
defined as people who have special knowledge of an occupation (i.e.
supervisors, architects, surveyors, pianners, and computer
programmers). For construction positions, lisi each trade and provide
data in columns B through F for each trade where persons were
employed. The category of "Othe�' includes occupations such as
service workers.
Column B: (Mandatory Field) Enter the number of new hires for
each category of workers identified in Column A in connection with
this award. New hire refers to a person who is not on the contractors
or recipienYs payroll for employmenl 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 Fieid) Enter the number of Section 3 new
hires for each category of workers identified in Column A in
connection with this award. Section 3 new hire refers to a Section 3
resident who is not on the contractor's or recipienYs payroll for
employment at the time of selection for the Section 3 covered award or
at the time of receipt of Section 3 covered assistance.
Column D: Enter the percentage of aIl 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 (inciuding new hires) connected
with this award. include staff hours for part-time and full-time
positions.
Column F: (Mandatory Fieid) Enter the number of Section 3
residents that were trained in connection with this award.
Part ii: Contract Opportunities
Block 7: Construciion Contracts
Item A: Enter the total dollar amount of ali contracts awarded on ihe
projecUprogram.
Item B: Enter the total doilar amount of contracts connected with this
projecUprogram that were awarded to Section 3 businesses.
item C: Enter the percentage of the totai doilar amount of contracts
connected with this projecUprogram awarded to Section 3 businesses.
item D: Enier the number of Section 3 businesses receiving awards.
Biock 2: Non-Construction Contracts
Item A: Enter the total dollar amount of ali contracts awarded on the
projecUprogram.
Item B: Enter the total dollar amount of contracts connected with ihis
project awarded to Section 3 businesses.
Item C: Enter the percentage of the total dollar amount of contracts
connected with this projectlprogram 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 low-income persons" have
the same meanings given the terms in section 3(b) (2) of the United
States Housing Act of 1937. Low-income persons mean families
(including single persons) whose incomes do not exceed 80 percent of
the median income for the area, as determined by the Secretary, with
adjustments for smaller and larger families, except that
�
The Secretary may establish income ceilings higher or lower than 80 percent
of the median for the area on the basis of the Secretary's findings such that
variations are necessary because of prevailing levels of constructio� costs
or unusually high- or low-income families. Very low-income persons mean
low-income families (including single persons) whose incomes do not
exceed 50 percent of the median family income area, as determined by the
Secretary with adjustments or smaller and larger families, except that the
Secretary may establish income ceilings higher or lower than 50 percent of
the median for the area on the basis of the Secretary's findings that such
variations are necessary because of unusually high or low family incomes.
fortn HUD 60002 (11l2010)
Ref 24 CFR 135
M&C Review
CITY COUNCIL AGENDA
Page 1 of 6
O�cial site of the City of Fort Worth, Texas
FORT�WORT_H_
r
COUNCIL ACTION: Approved on 8/6/2013 - Ordinance No. 20854-08-2013
CONTINUED FROM A PREVIOUS WEEK
DATE: 7/23/2013 REFERENCE C-26369 LOG NAME: 17HUDACTPLANPY13-14
NO..
CODE: C TYPE:
NON- PUBLIC YES
CONSENT HEARING:
SUBJECT: Conduct Public Hearings and Approve the City's 2013-2018 Consolidated Plan and 2013-
2014 Action Plan for the Use of Federal Grant Funds in the Amount of $9,413,143.00
from the United States Department of Housing and Urban Development for Program Year
2013-2014 from the Community Development Block Grant, HOME Investment
Partnerships Program, Emergency Solutions Grant and Housing Opportunities for
Persons with AIDS Grant Programs, Authorize Collection and Use of Program Income,
Authorize Waiver of Application of Indirect Cost Rates, Authorize Execution of Related
Contracts and Interdepartmental Letters of Agreement and Adopt Appropriation
Ordinance (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council:
1. Conduct a public hearing to allow citizen input and consideration of the City's 2013-2018 Consolidated
Plan;
2. Approve the City's 2013-2018 Consolidated Plan for submission to the United States Department of
Housing and Urban Development;
3. Conduct a public hearing to allow citizen input and consideration of the City's 2013-2014 Action Plan for
use of federal grant funds from the United States Department of Housing and Urban Development in the
amount of $9,413,143.00 for Program Year 2013-2014 from the Community Development Block Grant,
HOME Investment Partnerships Program, Emergency Solutions Grant and Housing Opportunities for
Persons with AIDS grant programs and for the use of program income from activities using prior years'
federal grant funds;
4. Approve the City's 2013-2014 Action Plan for submission to the United States Department of Housing
and Urban Development including allocations of grant funds to particular programs and activities as
detailed below;
5. Authorize the collection and use of an estimated amount of $50,000.00 of program income resulting
from activities using prior years' Community Development Block Grant funds for the programs and activities
detailed below;
6. Authorize the collection and use of an estimated amount of $250,000.00 of program income resulting
from activities using prior years' HOME Investment Partnerships Program funds for the City's Homebuyer
Assistance Program;
7. Authorize the City Manager or his designee to execute contracts and Interdepartmental Letters of
Agreement for a one year term with the agencies listed below in Tables 1, 2 and 3 for Program Year 2013-
2014 for Community Development Block Grant, Emergency Solutions Grant and Housing Opportunities for
Persons with AIDS grant funds, contingent upon receipt of funding;
8. Authorize the City Manager or his designee to extend the contracts and Interdepartmental Letters of
Agreement for up to one year if an agency or department requests an extension and such extension is
http://apps.cfwnet.org/council�acket/mc_review.asp?ID=18629&councildate=8/6/2013 8/21/2013
M&C Review
necessary for completion of the program;
I'..- � •
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
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ttiem 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:
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Non-Profit Service Providers - $884,305.35
HOPWA Program Administration - $27,349.65
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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:
CommunitkDevelopment 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
Girfs 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
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�' � TOTAL CDBG Contracts �
*REACH will be funded from the CDBG Housing Programs budget.
Housing Opportunitie_s_For_Persons_With AIDS:
'.:- • :
� $ 986,943.00 �
Table 2- HOPWA A encies
Or anization Pro ram Amount
Tarrant County Samaritan Housing, Inc. Administration (three percent) and
Supportive Services
$ 261,611.35
AIDS Outreach Center, Inc. Administration (three percent),
Supportive Services, Tenant Based
Rental Assistance (TBRA), and Short
Term Rent Mortgage and Utility
Assistance (STRMU)
$ 622,694.00
TOTAL HOPWA Contracts $ 884,305.35
Emergency Solutions Grant:
Table 3- ESG A encies
Or anization Pro ram Amount
SafeHaven of Tarrant Count Shelter Services $ 85,065.00
Presb terian Ni ht Shelter Shelter Services $ 85,065.00
Day Resource Center for the Shelter Services
Homeless $ 85,065.00
The Salvation Army, a Georgia
Cor oration Homelessness Prevention/Ra id Re-Housin $ 43,136.00
CFW Parks and Community
Services
Homelessness Prevention/Ra id Re-Housin $ 63,015.62
Catholic Charities of Fort Worth
Homelessness Prevention/Ra id Re-Housin $ 32,079.00
TOTAL ESG Contracts $ 393,425.62
These programs are available in ALL CDUNCIL 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 5X�CXX 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 5XXX)CX 017206650XXX
$425.325.00
$911,655.00
$911.655.00
$50,000.00
$50.000.00
FROM Fund/Account/Centers
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GR76 451685 0172060651XXX
GR76 5X�(XX 017206651XXX
GR76 451727 _017206651XXX
GR76 5XXXXX
017206651 XXX
$250.000.00
$250,000.00
$1,996,541.00
$1,996,541.00
Submitted for City Manager's Office bv:
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.�df
ActionPlan 2013-14 funding recommendations.pdf
List of Selected Street for Action Plan 2013.pdf
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