HomeMy WebLinkAboutContract 58585 CSC No.58585
STATE OF TEXAS §
COUNTY OF TARRANT §
This contract("Contract") is made and entered into by and between the City of Fort Worth
(hereafter "City") and The Presbyterian Night Shelter of Tarrant County, Inc. (hereafter
"Agency"), a Texas non-profit 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 through the Emergency Solutions Grant("ESG")Program, Program No.
E-22-MC-48-0010, Catalog of Federal Domestic Assistance No. 14.231;
WHEREAS, the ESG program is intended to provide homeless persons or persons at risk
of becoming homeless with financial assistance,basic shelter, essential supportive services,and/or
operations, as applicable;
WHEREAS, Agency submitted a proposal to use ESG funds for an eligible program under
the ESG Regulations whereby Agency will provide services to low and moderate income City
citizens;
WHEREAS, City citizens, the Community Development Council, and the City Council
have determined that ESG programs are needed by the City's citizens.
NOW, THEREFORE,the Parties understand and agree as follows:
1. INCORPORATION OF RECITALS.
City and Agency hereby agree that the recitals set forth above are true and correct and form
the basis upon which the Parties have entered into this Contract.
2. DEFINITIONS.
In addition to terms defined in the body of this Contract, the terms set forth below shall
have the definitions ascribed to them as follows:
Area Median Income or AMI means the median family income for the Fort Worth-Arlington
metropolitan statistical area as established annually by HUD. The 2022 income limits are
attached hereto as EXHIBIT "A-1"—2022 HUD Income Limits.
Business Diversity Enterprise Ordinance or BDE means the City's Business Diversity
Ordinance, Ordinance No. 24534-11-2020, as may be amended from time to time.
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
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Complete Documentation means the following documentation as applicable:
• Attachments I,II, and III, with supporting documentation including:
o Proof of expense: copies of timesheets, invoices, leases, service contracts or
other documentation showing that payment is due by Agency.
o Proof of payment: cancelled checks, bank statements, or wire transfers
necessary to demonstrate that amounts due by Agency were actually paid by
Agency.
o Proof of client eligibility: Source Documentation sufficient to show that
clients participating in the Program are ESG Eligible Clients as described in
Section 6.
• 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.
Continuum of Care mean the Tarrant Area Continuum of Care.
DBE means disadvantaged business enterprise in accordance with 49 CFR Part 26.
Director means the Director of the Neighborhood Services Department.
Effective Date means October 1, 2022.
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 and the ESG Regulations.
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.
HMIS means Homeless Management Information System required by HUD for client data
collection.
HUD means the United States Department of Housing and Urban Development.
IDIS means Integrated Disbursement Information System, HUD's project tracking system.
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Neighborhood Services Department means the City's Neighborhood Services Department.
Neighborly Software—Online database for Agency to submit monthly reimbursement requests.
OMB means the Office of Management and Budget.
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 any documentation sufficient to show uner ESG Regulations that
an individual or household is an ESG Eligible Client. Income Documentation may include, but is
not limited to, copies of paychecks, Social Security and Disability verification letters, interest or
rental income statements, retiremment income statements, child support and alimony verification,
unemployment benefit letters, or any similar documentation allowed under the definition of annual
income in 24 CFR Part 5.609.
Unduplicated Clients means a count of ESG Eligible Clients served at least once in the Contract
Term. ESG Eligible Clients served more than once in the Contract Term will only be counted the
first time they are served when determining the total count of Unduplicated Clients.
3. TERM.
The term of this Contract begins on the Effective Date and terminates on September 30,
2023, unless earlier terminated as provided in this Contract. This Contract may be extended by
mutual agreement of the Parties in writing if such extension is necessary for completion of the
program,or to amend the contracts if necessary to achieve program goals provided any amendment
is within the scope of the program and in compliance with City policies and all applicable laws
and regulations governing the use of federal grant funds. The Contract term shall include any
extension, if exercised, as provided herein.
4. DUTIES AND RESPONSIBILITIES OF CITY.
4.1 Provide ESG Funds.
City shall provide up to $130,220 of ESG Funds under the terms and conditions of this
Contract.
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. Monitoring by City will include
determining whether Agency is meeting the requirements of the ESG Regulations during the term
of this Contract.
5. DUTIES AND RESPONSIBILITIES OF AGENCY.
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5.1 Required Services.
Agency shall perform the services described in EXHIBIT "A"—Program Summary in
accordance with the terms and conditions of this Contract.
5.2 Use of ESG Funds.
5.2.1. Compliance with ESG Regulations and Contract.
Agency shall be reimbursed for eligible Program costs with ESG Funds only if City
determines in its sole discretion that:
5.2.1.1 Costs are eligible expenditures in accordance with ESG Regulations.
5.2.1.2 Costs are in compliance with this Contract and are reasonable and
consistent with industry norms.
5.2.1.3 Complete Documentation, as applicable, is submitted to City by
Agency.
5.2.2 Budget.
5.2.2.1 The ESG Funds will be paid on a reimbursement basis in accordance
with EXHIBIT `B" -Budget.
5.2.2.2 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
requests shall be approved by Director or Director's designee in writing,
with such approval being in the City's sole discretion. If the Agency's
proposed Budget amendment is approved(as approved,the"Amended
Budget"),then the Amended Budget shall be memorialized in a written
amendment to this Contract. The Amended Budget will take effect on
the first day of the month following the month in which the Contract
amendment is executed, unless otherwise specified in the amendment.
All requests for Budget amendments must be submitted by April 3,
2023.
5.2.3 Change in Program Budget.
5.2.3.1 Agency will notify City promptly of any additional funds it receives for
operation of the Program, and City reserves the right to amend this
Contract in such instances to ensure compliance with HUD regulations
governing cost allocation.
5.2.3.2 Agency agrees to utilize the ESG Funds to supplement rather than
supplant funds otherwise available for the Program.
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5.2.4 Payment of ESG Funds to Agency.
ESG Funds will be disbursed to Agency upon City's approval of 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 30, 2023, 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 Attachment III—Client Data Report in Exhibit"D"—Reimbursement Forms
monthly. It is expressly agreed by the Parties that any ESG Funds not spent or approved for
reimbursement to Agency shall remain with City.
5.3 Program Performance Milestones,Review and Corrective Action Plans
5.3.1 Agency represents that the Program will achieve the following milestones in
accordance with EXHIBIT "A"—Program S mmary and the table below:
Unduplicated Clients as
specified in EXHIBIT
"A"—Program
Month Expenditures Summary
3 25% 25%
6 50% 50%
9 75% 75%
12 100% 100%
5.3.2 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 in its sole option to (i) delay or withhold payment of Reimbursement
Requests, (ii) institute a Corrective Action Plan ("CAP") as described below, (iii) lower Agency's
allocation of or deobligate all ESG Funds, (iv) terminate this Contract, or any combination of the
above options.
5.3.2.1 Policy.
To ensure the Program meets the client goals provided by Agency and included herein,
City will periodically review Program performance to ensure the expenditure of the funds is
roughly proportional to the number of eligible, unduplicated clients being served, as described
above in 5.3.1. City expects that most programs will expend funds in a proportional amount to
clients served,but City reserves the ability to take into account unique program characteristics that
may impact the ratio between expenditures and clients served.
5.3.2.2 Review.
At the end of each quarter, City will review the information in the required reports provided
to City by Agency. City will review the amount of funds expended compared to the percentage of
eligible, unduplicated clients served. If City believes in its sole discretion that Agency is (i) in
danger of not spending the full amount of the funds allocated, (ii)in danger of expending all funds
prior to serving 100% of the unduplicated client goal (meaning the percentage of funds expended
relative to the overall funding allocated is not within 10% of the percentage of eligible,
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unduplicated clients served relative to the overall client goal), or is (iii)in danger of not otherwise
meeting the performance goals within this Contract, City will notify Agency and set up a Program
Review Meeting ("Review Meeting"). Failure by Agency to attend the Review Meeting is
considered a breach of this contract and City may invoke any and all remedies included herein.
During the Review Meeting, City and Agency will review the information provided, the Program,
and discuss any concerns. If the City believes that no additional action is needed to ensure
Agency's performance, no additional requirements will be put in place; however, if the City, in its
sole discretion,believes that additional requirements are needed to ensure Agency's performance,
City may require the Agency to enter into a Corrective Action Plan("CAP")or may move forward
with deobligating funds from the Contract.
5.3.2.3 Corrective Action Plans.
A CAP will be unique to the Agency and the Program and will be designed to ensure that
the Agency(i)expends the funds allocated to it by the City, and(ii) serves the required number of
unduplicated clients through the Program. A CAP may require additional outreach or marketing,
additional reporting, additional monitoring, or any other mechanism that will reasonably ensure
the Program goals are met and that expenditures are roughly proportional to the number of eligible,
unduplicated clients served.
5.3.2.4 Deobligation of Funds
If after any quarterly review the City determines that a CAP will not be sufficient to ensure
that the Agency(i)expends the funds allocated to it by the City, and(ii)serves the required number
of unduplicated clients through the Program, City shall be able to deobligate a portion of the funds
provided to Agency that is at-risk of not being expended or that is the proportional amount of funds
compared to the number of eligible,unduplicated clients that are anticipated to not be served. Any
deobligation shall be in the form of a contract amendment. By way of example, if an agency was
allocated$100,000 and was required to serve 100 unduplicated clients,if that agency was expected
to only be able to serve 75% of its client goal, then City would allow agency to keep 75% of the
allocated funding and deobligate 25% of the funds to correspond with the 25% of clients that are
anticipated to not be served.
5.3.3 Failure to comply with the Corrective Action Plan (CAP),meet the Program Goals,
or otherwise comply with serving 2084 unduplicated clients may, in City's sole discretion,
disqualify Agency for consideration under the City's Request for Proposals for the 2023-2024
Program Year for federal grant funds.
5.3.4 Amendments to performance milestones regarding ESG Funds 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 amended performance milestones (as approved, the "Amended
Performance Milestones"), then the Amended Performance Milestones shall be memorialized
in a written amendment to this Contract. The Amended Performance Milestones will take effect
on the first day of the month following the month in which the Contract Amendment is executed
unless otherwise specified in the amendment. . Notwithstanding the above, any amendments to
this Contract shall not reduce the number of Unduplicated Clients stated in Section 5.3.3 and in
EXHIBIT "A" -Program Summary.
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5.4 Identify Program Expenses Paid with ESG Funds.
Agency will keep accounts and records in such a manner that City may readily identify and
account for Program expenses reimbursed with ESG Funds. These records shall be made
available to City 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 be 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, 2022, Agency must submit to City a completed Match
Report on the form attached hereto as EXHIBIT "H"- Match Report
detailing 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.
5.6 Program Subcontracts.
Agency shall not enter into a subcontract with another agency, contractor, or vendor to
provide a service to clients for any part of the Program that will be paid with ESG Funds without
City's written consent.
6. CLIENT ELIGIBILITY VERIFICATION.
6.1 Client Eligibility.
Agency will document the eligibility of all prospective clients. Agency may redact the
client's personal information and substitute a client number. Agency may use form attached hereto
as EXHIBIT"I"-Staff ESG Certification Form to document the eligibility of all prospective clients
that receive direct financial assistance as more particularly described as follows.
6.1.1 Agencies Receiving ESG Funds
6.1.1.1 Coordination of Services.Agencies must participate in the local Continuum
of Care and enter data in HMIS.
6.1.1.2 Homelessness Status. Agency must verify that all new clients are ESG
Eligible Clients. Acceptable forms of verification include:
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i. For emergency shelter (shelter services for homeless including childcare for
homeless clients;
A signed, dated statement from the client stating that the client is homeless, or that the
client is homeless by virtue of fleeing domestic violence
ii. For homelessness prevention- financial assistance services:
1. Documentation that the ESG Eligible Client meets the at risk of homelessness
definition consistent with CFR 24 Part 576.2 (1-3),
2. Source Documentation that the ESG Eligible Client has an annual income at or
below 30% of AMI,
3. Evidence documenting that the ESG Eligible 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,
4. Documentation of eligibility of the housing unit, habitability inspection, lease,
rent reasonableness, rental assistance agreement between Agency and
Landlord,
5. Documentation of client's reasonable prospects of resuming payment of rent
and utilities, as applicable, within a reasonable amount of time,
6. Evidence documenting that the ESG Eligible Client is not receiving equivalent
or same type of assistance from other homeless prevention agencies or funding
sources, and
7. Documentation supporting the type and amount of assistance provided,
including,but not limited to, invoices,past due notices, and/or executed leases,
as applicable, and proof of payment by Agency.
iii. For rapid-rehousing services—financial assistance:
1. Documentation that the individual or household meets the homeless definition
in the HEARTH Act and that the client is eligible consistent with the definition
of homelessness in 24 CFR Part 576.2, paragraphs 1-4,
2. Documentation of eligibility of the housing unit, habitability inspection, lease,
rent reasonableness, rental assistance agreement between Agency and
Landlord,
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 ESG Eligible Client is not receiving equivalent
or same type of assistance from other rapid re-housing 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 ESG Eligible Client as
defined in the HEARTH Act, as may be amended from time to time, and
2. Documentation that any staff costs and relocation/stabilization services
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directly benefit the ESG Eligible Client 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 "J"- ESG
Performance Standards.
6.1.3 Written Standard for ESG Assistance.
Agency must verify that the Program is documenting Client Eligibility in accordance with
the City's written standards as described in EXHIBIT "J-1"- Written Standards for ESG
Assistance. Agency must maintain all records in accordance with Section 8.
6.2 Submission of Complete Documentation.
Agency must submit copies of documentation of client eligibility described in Section 6.1
with Attachment III in each month's Reimbursement Request for all Unduplicated Clients.
6.3 Maintain Documentation.
Agency must maintain copies of all documentation required by this section for 5 years
following the expiration of this Contract term. This Section shall survive the earlier terminations
or expirations of this Contract.
7. ADDITIONAL ESG REQUIREMENTS.
Agency agrees to comply with all requirements of the ESG Program as stated in the ESG
Regulations, including but not limited to the following:
7.1 Environmental Review.
ESG Funds will not be paid, and costs cannot be incurred until City has conducted an
environmental review and completed an Environmental Review Record 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
City the ESG Funds it has already received and forfeit any future payments of ESG Funds.
7.2 Contract Not Constituting Commitment of Funds.
Notwithstanding any provision of this Contract, the Parties agree and acknowledge that
this Contract does not constitute a commitment of funds, and that such commitment of funds or
approval may occur only upon (i) satisfactory completion of an 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 2022-23 Action Plan, and(iii)receipt by City of a grant agreement from HUD.
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7.3 Monitoring.
7.3.1 Agency understands and agrees that it will be subject to monitoring by City for
compliance with terms and provisions of this Contract and the ESG Regulations for the term of
this Contract. 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 during this 5 year period. For purposes of this Contract, unless this Contract is
earlier terminated, this 5 year period for monitoring is deemed to begin on October 1, 2023, or
October 1, 2024 if the Contract is extended, and shall end no later than September 30, 2029.
7.3.2 Representatives of City, HUD, HUD Office of Inspector General, 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. City shall provide Agency with a written report of the
monitor's findings after each monitoring visit. If the monitoring report notes deficiencies in
Agency's performance, the report shall include requirements for the timely correction of said
deficiencies by Agency. Failure by Agency to take the action specified in the monitoring report
may be cause for suspension or termination of this Contract as provided herein.
7.3.4 Subsections 7.3.1 through 7.3.3 shall be applicable for the Contract Term and for 5
years thereafter and shall survive the earlier termination or expiration of this Contract.
7.3.5 Agency shall provide City annually the results of any state or federal monitoring.
Such results shall be submitted within 60 days of receipt of such state or federal monitoring report,
or with the January Reimbursement Request, whichever is earlier.
7.4 Agency Procurement Standards.
Agency shall comply with all applicable federal, state and local laws, regulations, and
ordinances for making procurements under this Contract. In addition to the conflict of interest
provisions in Section 14.13.3, Agency shall establish written procurement procedures to ensure
that materials and services are obtained in a cost-effective manner and that provides for full and
open competition. When procuring materials and services for this Contract, Agency shall comply
at a minimum with the procurement standards in 2 CFR Part 200.317 through Part 200.326.
7.4.1 Contracts in excess of$10,000.00 made by Agency using ESG Funds must address
termination for cause and convenience including the manner by which such termination shall be
effected and the basis for settlement of the terminated contract, if any, as required by Appendix II
(B), 2 CFR Part 200.
7.4.2 Agency shall not make any contract with parties listed on the government wide
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System for Award Management, www.sam.gov ("SAM"). Agency must confirm by search of
SAM that all contractors paid with ESG Funds are not listed by SAM as being debarred,both prior
to hiring and prior to submitting a Reimbursement Request which includes invoices from any such
contractor. Failure to submit such proofs of search shall be an event of default.
7.5 Cost Principles/Cost Reasonableness.
Agency shall administer its use of ESG Funds in compliance with 2 CFR Part 200, as
applicable. The eligibility of costs incurred for performance rendered shall be determined in
accordance with 2 CFR Part 200.400 through Part 200.475.
7.6 Financial Management Standards.
Agency agrees to comply with 2 CFR Part 200,as applicable. Agency also 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 in accordance
with 2 CFR Part 200.302 and Part 200.303.
7.7 Uniform Administrative Requirements, Cost Principles, and Audit
Requirements.
Agency will comply with the Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for Federal Awards in 2 CFR Part 200, as applicable, 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 on Agency's full compliance with the terms of this Contract and the ESG Regulations and
Agency is responsible for such compliance regardless of whether actions taken to fulfill the
requirements of this Contract are taken by Agency or by Agency's contractors, subcontractors or
vendors. Agency acknowledges that the provisions of this Section shall survive the earlier
termination or expiration of this Contract and shall be applicable for 5 years after the Contract term
ends.
7.9 Copyright and Patent Rights.
No reports,maps,or other documents produced in whole or in part under this Contract shall
be the subject of an application for copyright by or on behalf of Agency. HUD and City shall
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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.
7.10 Conflict of Interest Disclosure.
In accordance with the requirements of Section 14.14, Agency shall establish conflict of
interest policies for federal awards. Agency shall disclose to City in writing any potential conflict
of interest.
7.11 Compliance with FFATA and Whistleblower Protections.
Agency shall comply with the requirements of 2 CFR 300(b), including provisions of the
Federal Funding Accountability and Transparency Act ("FFATA") governing requirements on
executive compensation and provisions governing whistleblower protections contained in 10
U.S.C. 2409, 41 U.S.C. 4712, 10 U.S.C. 2324,41 U.S.C. 4304 and 41 U.S.C. 4310.
7.11.1 Agency shall provide City with its DUNS number.
7.12 Internal Controls.
In compliance with the requirements of 2 CFR Part 200.303, Agency shall:
7.12.1 Establish and maintain effective internal control over the ESG Funds that provides
reasonable assurance that Agency is managing the ESG Funds in compliance with federal statutes,
regulations, and the terms and conditions of this Contract. These internal controls shall be in
compliance with guidance in "Standards for Internal Control in the Federal Government" issued
by the Comptroller General of the United States or the "Internal Control Integrated Framework"
issued by the Committee of Sponsoring Organizations of the Treadway Commission ("COSO");
7.12.2 Comply with federal statutes, regulations, and the terms and conditions of this
Contract;
7.12.3 Evaluate and monitor Agency's compliance with statutes,regulations and the terms
and conditions of this Contract;
7.12.4 Take prompt action when instances of noncompliance are identified including
noncompliance identified in audit findings; and
7.12.5 Agency must have written procedures to safeguard protected personally identifiable
information and other information that HUD or City designates as sensitive or Agency considers
sensitive consistent with applicable federal, state, local and tribal laws regarding privacy and
obligations of confidentiality.
7.13 Confidentiality of Client Information
Consistent with the requirements of 24 CFR Part 576.500, Agency shall comply with the
City's written standards as descried in EXHIBIT "N"- Written Standards for Maintenance of
Personally Identifying Information. Furthermore, in compliance with this section, Agency shall
develop and implement written procedures to ensure the following:
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7.13.1 Personally Identifying Information
All records containing personally identifying information (as described in HUD's
standards for participation, data collection, and reporting in a local HMIS) of any individual or
family who applies for and/or receives ESG assistance will be kept secure and confidential.
7.13.2 Victim Information
The address or location of any domestic violence, dating violence, sexual assault, or
stalking shelter project assisted by ESG funds will not be made public, except with written
authorization of the person responsible for the operation of the shelter.
7.13.3 Program Participation Information
The address or location of any housing of a client must not be made public, except as
provided under a preexisting policy of either City or Agency and consistent with state and local
laws regarding privacy and obligations of confidentiality.
7.14 Violence Against Women Act Requirements
7.14.1 Agency shall comply with the Violence Against Women Act ("VAWA") and shall
ensure that any property owner, manager, or facility assisted by the ESG Funds shall, at the time
of application for services, provide all clients receiving rental assistance with a Notice of
Occupancy Rights under the Violence Against Women Act in substantially the same form as the
form attached and incorporated as Exhibit "O"- Notice of Occupancy Rights Under VAWA in
compliance with VAWA and 24 CFR Part 574.604(a)(2), where applicable.
7.14.2 Agency agrees that no applicant for ESG assistance may be denied admission or
assistance under the Program on the basis or as a direct result of the fact that they are or have been
a victim of domestic violence, dating violence, sexual assault, or stalking, as long as they would
otherwise qualify for the Program.
7.14.3 Agency shall be responsible for reviewing VAWA and 24 CFR Part 574.604 and
shall respond to all emergency transfer requests in accordance with the requirements of those
provisions. Agency may request that all clients requesting an emergency transfer under VAWA
fill out the form attached and incorporated as Exhibit "P"- VAWA Emergency Transfer Request
Form.
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
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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,unless the Contract is earlier terminated,this 5 year period for record retention is deemed
to begin on October 1, 2023, or October 1, 2024 if the Contract is extended, and shall end no
later than September 30, 2029.
8.2 Access to Records.
Representatives of City, HUD 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, unless this Contract is earlier terminated, this 5 year period
for access to records is deemed to begin on October 1, 2023, or October 1, 2024 if the Contract
is extended, and shall end no later than September 30, 2029.
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.
8.3.1 Additional Information.
Agency shall provide City with additional information as may be required by state or
federal agencies to substantiate Program activities and/or expenditure eligibility.
8.4 Change in Reporting Requirements and Forms.
City retains the right to change reporting requirements and forms at its discretion. City
will notify Agency in writing at least 15 days prior to the effective date of such change, and the
Parties shall execute an amendment to the Contract reflecting such change if necessary.
8.5 Audit.
8.5.1 Entities that Expend$750,000 or more in Federal Funds Per Year.
All non-federal entities that expend $750,000 or more in federal funds within 1 year,
regardless of the source of the federal award, must submit to City an annual audit prepared in
accordance with specific reference to 2 CFR Part 200.501 through Part 200.521. 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
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certification is attached hereto as EXHIBIT "C" — "Audit Certification Form" and "Audit
Requirements". The Audit Certification Form must be submitted to City prior to or with the
first Reimbursement Request. Entities that expend less than $750,000 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 Right to Audit.
City reserves the right to perform an audit of Agency's Program operations and finances at
any time during the term of this Contract and for 5 years after the Contract term ends if City
determines that such audit is necessary for City's compliance with the ESG Regulations or other
City policies. Agency agrees to allow access to all pertinent materials as described herein for such
audit. For purposes of this Contract, unless this Contract is earlier terminated, this 5 year period
for City audit is deemed to begin on October 1, 2023, or October 1, 2024 if the Contract is
extended, and shall end no later than September 30, 2029. 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 other
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 REOUIREMENTS.
9.1 Deadline for Submitting Reimbursement Requests.
Reimbursement Requests shall be submitted monthly to the City and must 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 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, THE REIMBURSEMENT REQUEST FOR EXPENSES
INCURRED FOR SEPTEMBER 2022 MUST BE RECEIVED BY OCTOBER 1, 2022.
COMPLETE DOCUMENTATION FOR ALL SEPTEMBER 2022 EXPENSES MUST BE
SUBMITTED BY OCTOBER 15, 2022. FAILURE TO SUBMIT A FINAL
REIMBURSEMENT REQUEST WITH COMPLETE DOCUMENTATION BY
OCTOBER 15, 2022 WILL RESULT IN FORFEITURE OF PAYMENT OF THE
SEPTEMBER REIMBURSEMENT REQUEST.
9.1.2 City will notify Agency by e-mail within 14 calendar days if a Reimbursement
Request is lacking Complete Documentation or corrections are needed. Agency will have 7
calendar days from the date of the e-mail notice to submit any requested information or missing
documentation. Agency may be penalized, at City's sole discretion, in the Request for Proposal
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for the 2023-2024 Program Year for any notifications received under this Section. If Agency fails
to submit all the required information or missing documentation within 7 calendar days from the
first e-mail, Agency shall forfeit any payments otherwise due that month and failure to submit any
requested information will be considered an event of default as outlined in Section 10.1.2.
9.2 Submission of Reimbursement Requests.
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—Request Summary
This report shall contain the amount requested for reimbursement each month, the
cumulative reimbursement requested to date (inclusive of that month's request).
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 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. Agency may not submit payroll
expenses dated 60 calendar days prior to the date of the Reimbursement
Request.
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.
Agency may not submit invoices dated 60 calendar days prior to the date
of the Reimbursement Request.
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 maintain a list of all clients served
during the Contract term. In order for this report to be complete,the following must be submitted:
9.2.3.1 Documentation of income verification for each Unduplicated Client the
first time the client is served, which either will be the completed form
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attached hereto as EXHIBIT"E"-Form of Income Self Certification or
Source Documentation.
9.2.3.2 Agency may use the form attached hereto as EXHIBIT "I"- Staff ESG
Certification Form to verify client eligibility as described in Section 6.1.
9.2.4 Delivery of Reimbursement Request.
Reimbursement Requests must be submitted through Neighborly Software or other
reporting software approved by the City by the deadline in Section 9.1.1.
9.2.5 Match Report.
This report shall document actual expenditure of match funds, as further described in
Section 5.5.
9.2.6 ESG Quarterly HMIS Report.
Agency shall submit the ESG Quarterly HMIS Report, attached hereto as EXHIBIT "K"-
Quarterly Report, with the December, March, June and September Reimbursement Requests to
document Agency's participation in the local Continuum of Care's HMIS.
9.3 Withholding Payment.
CITY SHALL HAVE NO OBLIGATION TO PAY ANY REIMBURSEMENT
REQUEST THAT IS NOT RECEIVED BY THE DUE DATE. Failure to timely submit
accurate and complete 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 Reimbursement Request or Required Documentation.
10.1.1 If Agency fails to submit a Reimbursement Request in accordance with Section
9, Agency shall be in default of this Contract. City will notify Agency in writing of such default
and the Agency will have 5 calendar days from the date of the written notice to submit 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 If Agency fails to submit requested information or missing documentation as
set forth in Section 9.1.2, then Agency shall forfeit payment due that month and the failure to
submit shall be considered an event of default that shall not be cured.
10.1.3
NOTWITHSTANDING THE PROVISIONS OF SECTION 10.1.1 OR 10.1.2, IF
AGENCY FAILS TO SUBMIT THE REIMBURSEMENT REQUEST DUE OCTOBER 1,
2023 OR IF THE SUBMITTED REIMBURSEMENT REQUEST DUE OCTOBER 1, 2023
IS LATE, INCOMPLETE OR OTHERWISE NOT IN COMPLIANCE WITH THIS
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CONTRACT OR THE ESG REGULATIONS AS DETERMINED BY CITY IN ITS SOLE
DISCRETION, THERE WILL BE NO CURE PERIOD AND ANY REIMBURSEMENT
WILL BE FORFEITED.
10.1.4 In the event of(i)an uncured default under Section 10.1.1 or an event of default
under 10.1.2 or(ii)more than 2 instances of default, cured or uncured, under these Sections, 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.
10.1.5 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.
10.1.6 In the event of termination under this Section 10.1, all ESG Funds awarded but
unpaid to Agency pursuant to this Contract shall be immediately forfeited and Agency shall have
no further right to such funds.
10.2 Failure to Maintain Records or Submit Reports and Documentation.
If Agency fails to maintain all records and documentation as required in Section 8, or if the
maintained or 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 termination under this Section 10.2, all ESG Funds awarded but
unpaid to Agency pursuant to this Contract shall be immediately forfeited and Agency shall have
no further right to such funds, and any ESG Funds paid to Agency must be repaid to City within
30 days of termination. If such ESG Funds are not repaid to City within the 30 day period, City
shall exercise all legal remedies available under this Contract.
10.3 In General.
10.3.1 Subject to Section 10.2, 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 notice of such intent
to Agency, or (iii)pursue any other legal remedies available to City under this Contract.
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10.3.2 City's remedies may include:
10.3.2.1 Direct Agency to prepare and follow a schedule of actions for
carrying out the affected activities, consisting of schedules,
timetables and milestones necessary to implement the affected
activities.
10.3.2.2 Direct Agency to establish and follow a management plan that
assigns responsibilities for carrying out the remedial activities.
10.3.2.3 Reprogram ES Funds that have not yet been expended from affected
activities to other eligible activities or withhold ESG Funds.
10.3.2.4 Any other appropriate action including but not limited to any
remedial action legally available such as declaratory judgment,
specific performance, damages, temporary or permanent
injunctions, termination of this Contract or any other contracts with
Agency, and any other available remedies.
10.3.3 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. Failure to repay such ESG Funds within the 30 day period will
result in City exercising all legal remedies available under this Contract.
10.4 No Funds Disbursed while in Breach.
Agency understands and agrees that no ES Funds will be paid to Agency until all defaults
are cured to City's satisfaction.
10.5 No Compensation After Date of Termination.
Agency shall not receive any compensation for work undertaken after the date of the
termination.
10.6 Rights of City Not Affected.
Termination shall not affect or terminate any of the existing rights of City against Agency,
or which may thereafter accrue because of Agency's default and this provision shall be in addition
to any and all other rights and remedies available to City under the law. Such termination does
not terminate any provisions of this Contract that have been expressly noted as surviving the term
or termination of the Contract. No delay or omission by City in exercising any right or remedy
available to it under this Contract shall impair any such right or remedy or constitute a waiver or
acquiescence in any Agency default.
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
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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 TERMINATION.
10.9.2 Agency may terminate this Contract if City does not provide the ESG Funds
substantially in accordance with this Contract.
10.10 Termination for Convenience.
In terminating in accordance with 2 CFR Part 200, Appendix II, 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 Agency upon at least 30 days 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 Agency Terminates Contract.
This Contract shall terminate in the event Agency is dissolved or ceases to exist. 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.
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10.12 Non-appropriation of Funds.
In the event no funds or insufficient funds are appropriated by City in any fiscal period for
any payments due hereunder, City will notify Agency of such occurrence and this Agreement shall
terminate on the last day of the fiscal period for which appropriations were received without
penalty or expense to City of any kind whatsoever, except as to the portions of the payments herein
agreed upon for which funds have been appropriated.
10.13 Reversion of Assets.
In the event this Contract is terminated with or without cause,all assets acquired by Agency
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 improved with the
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 of 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 within thirty days of notice from the City for such repayment.
Additionally, if Agency takes any action that results in City receiving a finding from HUD
about the Program, whether or not repayment of all or any portion of the ESG Funds is
required of City, Agency agrees City may require that 10% of the ESG Funds be repaid to
City 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 the finding by HUD or a required 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.
12. CHANGE IN NON-PROFIT STATUS.
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. Regardless of notice by Agency, if the
non-profit status of Agency changes after the date of this Contract, City may but is not obligated
to, terminate this Contract. In the event of termination under this Section 12, all ESG Funds
awarded but not yet paid to Agency pursuant to this Contract shall be immediately rescinded and
Agency shall have no further right to such funds. City in its sole discretion, may require that any
ESG Funds already paid to Agency must be repaid to City within 30 calendar days of termination
under this Section.
13. SURVIVAL.
Any provision of this Contract that pertains to auditing,monitoring,indemnity obligations,
client income eligibility, record keeping and reports, City ordinances, or applicable ESG
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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, unless this Contract is earlier
terminated, this 5 year period for survival of certain Contract provisions is deemed to begin on
October 1,2023,or October 1,2024,if this contract is extended and end no later than September
30, 2029.
14. GENERAL PROVISIONS.
14.1 Agency an Independent Contractor.
Agency shall operate hereunder as an independent contractor and not as an officer, agent,
servant or employee of City. Agency shall have exclusive control of, and the exclusive right to
control, the details of the work and services performed hereunder, and all persons performing
same, and shall be solely responsible for the acts and omissions of its officers, members, agents,
servants, employees, contractors, subcontractors, vendors, clients, licensees or invitees.
14.2 Doctrine of Respondeat Superior.
The doctrine of respondeat superior shall not apply as between City and Agency, or its
officers, members, agents, servants, employees, contractors, subcontractors, vendors, clients,
licensees or invitees, and nothing herein shall be construed as creating a partnership or joint
enterprise between City and Agency. City does not have the legal right to control the details of
the tasks performed hereunder by Agency, its officers, members, agents, employees, contractors,
subcontractors, vendors, clients, licensees or invitees.
14.3 Agency Property.
City shall under no circumstances be responsible for any property belonging to Agency, or
its officers, members, agents, employees, contractors, subcontractors, vendors, clients, licensees
or invitees that may be lost, stolen or destroyed or in any way damaged and AGENCY HEREBY
INDEMNIFIES AND HOLDS HARMLESS CITY AND ITS OFFICERS, AGENTS, AND
EMPLOYEES FROM ANY AND ALL CLAIMS OR SUITS PERTAINING TO OR
CONNECTED WITH SUCH PROPERTY.
14.5 Religious Organization.
Agency shall comply with all applicable requirements as more particularly described in 24
CFR Part 5.109. No portion of the ESG Funds shall be used in support of any sectarian or religious
activity. In addition,there must be no religious or membership criteria for clients of a ESG-funded
service.
14.5.1. Separation of Explicitly Religious Activities.
Agency retains its independence and may continue to carry out its mission, including the
definition, development practice, and expression of its religious beliefs, provided that it does not
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use ESG Funds to support or engage in any explicitly religious activities (including activities that
involve overt religious content such as worship,religious instruction,or proselytization), or in any
other manner prohibited by law.
14.5.2 Explicitly Religious Activities.
If Agency engages in explicitly religious activities (including activities that involve overt
religious content such as worship, religious instruction, or proselytization), the explicitly religious
activities must be offered separately, in time or location, from the programs or activities supported
by ESG Funds and participation must be voluntary for clients of a ESG-funded service.
14.5.3 Required Notices.
If Agency constitutes a Faith-based organization under 24 CFR Part 5.109, Agency must
provide all clients of a ESG-funded service with the notice attached as EXHIBIT "M"—Notice
of Beneficiary Rights. Such notice shall be provided to the client prior to enrollment in any ESG-
funded program or activity. In addition, if a client or prospective client of a ESG-funded service
objects to the religious character of Agency, then Agency must promptly undertake reasonable
efforts to identify and refer the client or prospective client to an alternate provider to which the
client or prospective client has no such objection, as more particularly described in 24 CFR Part
5.109.
14.6 Venue.
Venue shall lie in state courts in Tarrant County, Texas or the United States District
Court for the Northern District of Texas, Fort Worth Division for any action, whether real or
asserted, at law or in equity, arising out of the execution,performance, attempted performance or
non-performance of this Contract.
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 Severability.
The provisions of this Contract are severable, and if for any reason a clause, sentence,
paragraph or other part of this Contract shall be determined to be invalid by a court or federal or
state agency, board or commission having jurisdiction over the subject matter thereof, such
invalidity shall not affect other provisions which can be given effect without the invalid provision.
14.9 Written Agreement Entire Contract.
This written instrument and the Exhibits, Attachments, and Addendums attached hereto,
which are incorporated by reference and made a part of this Contract for all purposes, constitute
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the entire agreement by the Parties 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 executed by the Parties.
14.10 Paragraph Headings for Reference Only,No Legal Significance; Number
and Gender.
The paragraph headings contained herein are for convenience in reference to this Contract
and are not intended to define or to limit the scope of any provision of this Contract. When context
requires, singular nouns and pronouns include the plural and the masculine gender shall be deemed
to include the feminine or neuter and the neuter gender to include the masculine and feminine.
The words"include"and"including"whenever used herein shall be deemed to be followed by the
words "without limitation".
14.11 Compliance With All Applicable Laws and Regulations.
Agency agrees to comply fully 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 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
persons of limited English proficiency
➢ The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. Sections
3601 et seq.)
➢ Executive Orders 11063, 11246 as amended by 11375 and 12086 and as supplemented
by Department of Labor regulations 41 CFR Part 60
➢ The Age Discrimination in Employment Act of 1967
➢ The Age Discrimination Act of 1975 (42 U.S.C. Sections 6101 et seq.)
➢ The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970
(42 U.S.C. Sections 4601 et seq. and 49 CFR Part 24) ("URA")
➢ Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. Sections 794 et seq.) and 24
CFR Part 8 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
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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
➢ 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 Administrative Requirements, Cost Principles, and Audit Requirements for
Federal Awards, 2 CFR Part 200 et seq.
➢ Federal Funding Accountability and Transparency Act of 2006 ("FFATA") (Pub.L.
109-282, as amended by Section 6205(a) of Pub.L. 110-252 and Section 3 of Pub.L.
113-101)
➢ Federal Whistleblower Regulations, as contained in 10 U.S.C. 2409, 41 U.S.C. 4712,
10 U.S.C. 2324, 41 U.S.C. 4304 and 41 U.S.C. 4310.
14.12
14.13 Prohibition Against Discrimination.
14.13.1 General Statement.
Agency shall comply in the execution, performance or attempted performance of this
Contract,with all non-discrimination requirements of 24 CFR Part 570.607 and 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 officers, members, agents, employees, or clients to engage in such discrimination.
This Contract is made and entered into with reference specifically to 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
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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.
14.13.2 No Discrimination in Employment during the Performance of This
Contract.
During the performance of this Contract Agency agrees to the following provision, and
will require that its contractors and subcontractors also comply with such provision by including
it in all contracts with its contractors:
[Contractor's, Subcontractor's or Vendor's name]will not unlawfully discriminate against
any employee or applicants for employment because of race, color, sex, gender, religion, national
origin, familial status, disability or perceived disability, sexual orientation, gender identity, gender
expression or transgender. [Contractor's, Subcontractor's or Vendor's name] will take affirmative
action to ensure that applicants are hired without regard to race, color, sex, gender, religion,
national origin, familial status, disability or perceived disability, sexual orientation, gender
identity,gender expression or transgender and that employees are treated fairly during employment
without regard to their race, color, sex, gender, religion, national origin, familial status, disability
or perceived disability, sexual orientation,gender identity, gender expression or transgender. Such
action shall include, but not be limited to, the following: employment, upgrading, demotion or
transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms
of compensation, and selection for training, including apprenticeship. [Contractor's,
Subcontractor's or Vendor's name] agrees to post in conspicuous places, available to employees
and applicants for employment, notices setting forth the provisions of this nondiscrimination
clause.
[Contractor's, Subcontractor's or Vendor's name] will, in all solicitations or
advertisements for employees placed by or on behalf of [Contractor's, Subcontractor's or
Vendor's name], 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, gender identity, gender expression or transgender.
[Contractor's, Subcontractor's or Vendor'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's, Subcontractor's or Vendor'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.
14.13.3 Agency's Contractors and the ADA.
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In accordance with the provisions of the Americans With Disabilities Act of 1990
("ADA"), Agency warrants that it and any of its contractors will not unlawfully discriminate on
the basis of disability in the provision of services to the general public,nor in the availability,terms
and/or conditions of employment for applicants for employment with,or employees of,Agency or
any of its contractors. AGENCY WARRANTS IT WILL FULLY COMPLY WITH THE
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, CONTRACTORS SUBCONTRACTORS, VENDORS OR AGENTS
AGAINST CITY ARISING OUT OF AGENCY'S AND/OR ITS CONTRACTORS',
SUBCONTRACTORS', VENDORS' OR AGENTS' OR THEIR RESPECTIVE
EMPLOYEES'ALLEGED FAILURE TO COMPLY WITH THE ABOVE-REFERENCED
LAWS CONCERNING DISABILITY DISCRIMINATION IN THE PERFORMANCE OF
THIS CONTRACT.
14.14. Conflicts of Interest and Violations of Criminal Law.
14.14.1 Agency Safeguards.
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 such conflict of interest or potential
conflict of interest, immediately upon discovery of such.
14.14.2 General Prohibitions Against Conflicts of Interest.
No 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 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.
14.14.2.1 Agency shall establish conflict of interest policies for federal awards
including the ESG Funds and shall disclose in writing potential
conflicts of interest to City as authorized by 2 CFR Part 200.112.
14.14.3 Conflicts of Interest Involving Procurement.
The conflict of interest provisions of 2 CFR Part 200.318 shall apply in the procurement
of property and services by Agency. In all cases not governed by this Section, the provisions of
24 CFR Part 576.57(d) of the ESG Regulations shall apply.
14.14.3.1 As more particularly described in 2 CFR Part 200.318,Agency shall
maintain and submit to City written standards of conduct covering
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conflicts of interest and governing the performance of its employees
engaged in the selection, award,and administration of contracts. No
employee, officer, or agent may participate in the selection, award,
or administration of a contract supported by a federal award if he or
she has a real or apparent conflict of interest. The standards of
conduct must provide for disciplinary actions to be applied for
violations of such standards by officers, employees, or agents of
Agency.
14.14.3.2 The officers, employees, and agents of Agency shall neither solicit
nor accept gratuities, favors, or anything of monetary value from
contractors or parties to subcontracts.
14.14.3.3 Notwithstanding the prohibition contained in Section 14.14.3.2,
Agency may set standards of conduct for situations in which the
financial interest is not substantial or the gift is an unsolicited item
of nominal value. Such standards of conduct must provide for
disciplinary actions to be applied for violations of such standards by
Agency's officers, employees or agents.
14.14.3.4 Agency shall maintain written standards of conduct covering
organizational conflicts of interest. Organizational conflicts of
interest means that because of relationships with a parent company,
affiliate, or subsidiary organization, Agency is unable or appears to
be unable to be impartial in conducting a procurement action
involving a related organization.
14.14.3.5 Agency must maintain records sufficient to detail the history of
procurement. These records will include, but are not necessarily
limited to the following: rationale for the method of procurement,
selection of contract type, contractor selection or rejection, and the
basis for the contract price.
14.14.4 Disclosure of Conflicts of Interest.
In compliance with 2 CFR Part 200.112, Agency is required to timely disclose to City in
writing any potential conflict of interest.
14.14.5 Disclosure of Texas Penal Code Violations.
Agency affirms that it will adhere to the provisions of the Texas Penal Code which prohibit
bribery and gifts to public servants.
14.14.6 Disclosure of Federal Criminal Law Violations.
In compliance with 2 CFR Part 200.113, Agency is required to timely disclose to City all
violations of federal criminal law involving fraud, bribery or gratuity violations potentially
affecting the Agency.
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14.15 Subcontracting with Small and Minority Firms, Women's Business
Enterprises and Labor Surplus Areas.
14.15.1 For procurement contracts $50,000.00 or larger that are paid for, in part or in
full, with the ESG Funds, 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 or larger that are paid for, in part or in full,
with the ESG Funds and will further require all persons or entities with which it so contracts to
comply with said ordinance.
14.15.2 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.
14.15.2.1 In order to comply with federal reporting requirements in 24 CFR
Part 570.506 (g)(6), Agency must submit the form attached hereto
as EXHIBIT "L" — MBE Reporting Form for each contract or
subcontract with a value of$10,000.00 or more paid or to be paid
with the ESG Funds. Agency shall submit this form by the date
specified in EXHIBIT "L"—MBE Reporting Form.
14.16 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.
14.17 Assignment.
Agency shall not assign all or any part of its rights,privileges, or duties under this Contract
without the prior written approval of City. Any attempted assignment of same without approval
shall be void, and shall constitute a breach of this Contract.
14.18. Right to Inspect Agency Contracts.
It is agreed that City has the right to inspect and approve in writing any proposed contracts
between Agency and any contractor or vendor engaged in any activity in conjunction with this
ESG-funded Program prior to any charges being incurred.
14.19 Force Maieure.
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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, pandemics, 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.
14.20 IMMIGRATION NATIONALITY ACT.
Agency shall verify the identity and employment eligibility of its employees who perform
work under this Contract, including completing the Employment Eligibility Verification Form (I-
9). Upon request by City, Agency shall provide City with copies of all I-9 forms and supporting
eligibility documentation for each employee who performs work under this Contract. Agency
shall adhere to all Federal and State laws as well as establish appropriate procedures and controls
so that no services will be performed by any Agency employee who is not legally eligible to
perform such services. AGENCY SHALL INDEMNIFY CITY AND HOLD CITY
HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO
VIOLATIONS OF THIS PARAGRAPH BY AGENCY, AGENCY'S EMPLOYEES,
SUBCONTRACTORS,AGENTS,OR LICENSEES.City,upon written notice to Agency, shall
have the right to immediately terminate this Contract for violations of this provision by Agency.
15. INDEMNIFICATION AND RELEASE.
AGENCY COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS
AND DEFEND, AT ITS OWN EXPENSE, CITY AND ITS OFFICERS, AGENTS,
SERVANTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS OR
SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY,
INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR
CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN
CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED
PERFORMANCE OR NONPERFORMANCE OF THIS CONTRACT AND/OR THE
OPERATIONS, ACTIVITIES AND SERVICES OF THE PROGRAM DESCRIBED
HEREIN, WHETHER OR NOT CAUSED IN WHOLE OR IN PART, BY ALLEGED
NEGLIGENCE OF OFFICERS,AGENTS,SERVANTS,EMPLOYEES,CONTRACTORS
OR SUBCONTRACTORS OF CITY; AND AGENCY HEREBY ASSUMES ALL
LIABILITY AND RESPONSIBILITY OF CITY AND ITS OFFICERS, AGENTS,
SERVANTS, AND EMPLOYEES FOR ANY AND ALL CLAIMS OR SUITS FOR
PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY,INCLUDING DEATH,
TO ANY AND ALL PERSONS, OF WHATSOEVER KINDS OR CHARACTER,
WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH
THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE OR
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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, INVITEES, LICENSEES, OR CLIENTS, OR CAUSED, IN
WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS,
SERVANTS, EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS OF CITY.
IT IS THE EXPRESS INTENTION OF THE PARTIES, BOTH AGENCY AND
CITY, THAT THE INDEMNITY PROVIDED FOR THIS SECTION INCLUDES
INDEMNITY BY AGENCY TO INDEMNIFY AND PROTECT CITY FROM THE
CONSEQUENCES OF CITY'S OWN NEGLIGENCE,WHETHER THAT NEGLIGENCE
IS ALLEGED TO BE THE SOLE OR CONCURRING CAUSE OF THE INJURY,
DAMAGE OR DEATH.
AGENCY AGREES TO AND SHALL RELEASE CITY, ITS AGENTS,
EMPLOYEES, OFFICERS AND LEGAL REPRESENTATIVES FROM ALL LIABILITY
FOR INJURY, DEATH, DAMAGE OR LOSS TO PERSONS OR PROPERTY
SUSTAINED IN CONNECTION WITH OR INCIDENTAL TO PERFORMANCE UNDER
THIS CONTRACT, EVEN IF THE INJURY, DEATH, DAMAGE OR LOSS IS CAUSED
BY CITY'S SOLE OR CONCURRENT NEGLIGENCE.
AGENCY SHALL REQUIRE ALL OF ITS CONTRACTORS AND
SUBCONTRACTORS TO INCLUDE IN THEIR CONTRACTS AND SUBCONTRACTS
A RELEASE AND INDEMNITY IN FAVOR OF CITY IN SUBSTANTIALLY THE SAME
FORM AS ABOVE.
16. WAIVER OF 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$130,220
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
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any loss or losses shall name the City as a Loss Payee.
Agency shall furnish to City in a timely manner, but not later than the Effective Date,
certificates of insurance as proof that it has secured and paid for policies of commercial insurance
as specified herein. If City has not received such certificates by the Effective Date, Agency shall
be in default of the Contract and City may, at its option, 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 the following insurance coverage and limits:
Commercial General Liability(CGL) Insurance
$ 500,000 each occurrence
$1,000,000 aggregate limit
Non-Profit Organization Liability or Directors &Officers Liability
$1,000,000 Each Occurrence
$1,000,000 Annual Aggregate Limit
Business Automobile Liability Insurance
$1,000,000 each accident on a combined single-limit basis, or
$ 250,000 Property Damage
$ 500,000 Bodily Injury per person per occurrence
$2,000,000 Aggregate
Insurance policy shall be endorsed to cover"Any Auto", defined as autos owned, hired,
and non-owned. Pending 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
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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.
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.
Any failure on part of City to request certificate(s) of insurance shall not be construed as a waiver
of such requirement or as a waiver of the insurance requirements themselves.
Insurers of Agency's insurance policies shall be licensed to do business in the state of Texas by
the Department of Insurance or be otherwise eligible and authorized to do business in the state of
Texas. Insurers shall be acceptable to City insofar as their financial strength and solvency and
each such company shall have a current minimum A.M. Best Key Rating Guide rating of A-: VII
or other equivalent insurance industry standard rating otherwise approved by City.
Deductible limits on insurance policies shall not exceed $5,000 per occurrence unless otherwise
approved by City.
In the event there are any local, federal or other regulatory insurance or bonding requirements for
the Program, and such requirements exceed those specified herein, the former shall prevail.
Agency shall require its contractors to maintain applicable insurance coverages, limits, and other
requirements as those specified herein; and Agency shall require its contractors to provide Agency
with certificate(s) of insurance documenting such coverage. Also, Agency shall require its
contractors to have City and Agency endorsed as additional insureds (as their interest may appear)
on their respective insurance policies.
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.
Notwithstanding any provision in this Contract to the contrary, when applicable, Agency
shall comply with the requirements of 2 CFR 200.310 and shall, at a minimum, provide the
equivalent insurance coverage for real property and equipment acquired or improved with
ESG Funds as provided to property owned by Agency.
18. CERTIFICATION REGARDING LOBBYING.
The undersigned representative of Agency hereby certifies, to the best of his or her
knowledge and belief, that:
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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 instructions.
This certification is a material representation of fact upon which reliance was placed when
this Contract was made or entered into. Submission of this certificate is a prerequisite for
making or entering into this Contract imposed by 31 U.S.C. Section 1352. Any person
who fails to file the required certification shall be subject to a civil penalty of not less than
$10,000.00 and not more than $100,000.00 for each such failure.
Agency shall require that the language of this certification be included in all subcontracts or
agreements involving the expenditure of federal funds.
19. LITIGATION AND CLAIMS.
Agency shall give City immediate notice in writing of any action,including any proceeding
before an administrative agency, filed against Agency in conjunction with this Contract or the
Program. Agency shall furnish immediately to City copies of all pertinent papers received by
Agency with respect to such action or claim. Agency shall provide a notice to City within 10 days
upon filing under any bankruptcy or financial insolvency provision of law.
20. NOTICE.
All notices required or permitted by this Contract must be in writing and are deemed
delivered on the earlier date of the date actually received or the third day following deposit in a
United States Postal Service post office or receptacle; with proper postage, certified mail return
receipt requested; and addressed to the other Party at the address set out below or at such other
address as the receiving Party designates by proper notice to the sending Party.
City:
City Attorney's Office
200 Texas Street
Fort Worth, TX 76102
Telephone: 817-392-7600
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Copy to:
Neighborhood Services Department
200 Texas Street
Fort Worth, TX 76102
Attention: Victor Turner
Telephone: 817-392-7540
Copy to:
Neighborhood Services Department
200 Texas Street
Fort Worth, TX 76102
Attention: Jerin Smith
Telephone: 817-392-6342
Agency:
The Presbyterian Night Shelter of Tarrant County, Inc.
Attention: Jennifer Self
2400 Cypress Street
Fort Worth,TX 76102
Telephone: 817-632-7427
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.
23. PROGRAM INCOME
Parties agree that no program income as defined by HUD shall be earned as a result of this
contract.
24. PROHIBITION ON CONTRACTING WITH COMPANIES THAT BOYCOTT
ISRAEL
If Agency has less than ten employees, this contract is for less than $100,000, or Agency
does not meet the definition of a"company"under the applicable section of the Texas Government
Code, this provision shall not apply. Agency acknowledges that in accordance with Chapter 2270
of the Texas Government Code,the City is prohibited from entering into a contract with a company
for goods or services unless the contract contains a written verification from the company that it:
(1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The
«ESG PSA CONTRACT 2022-2023 35
The Presbyterian Night Shelter of Tarrant County,Inc.
terms "boycott Israel" and"company" shall have the meanings ascribed to those terms in Section
808.001 of the Texas Government Code. By signing this contract, Agency certifies that Agency's
signature provides written verification to the City that Agency: (1)does not boycott Israel; and(2)
will not boycott Israel during the term of the contract.
25. PROHIBITION ON BOYCOTTING ENERGY COMPANIES
Agency acknowledges that in accordance with Chapter 2274 of the Texas Government
Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2, the City is prohibited from entering
into a contract for goods or services that has a value of$100,000 or more that is to be paid wholly
or partly from public funds of the City with a company with 10 or more full-time employees unless
the contract contains a written verification from the company that it: (1) does not boycott energy
companies; and (2) will not boycott energy companies during the term of the contract. The terms
"boycott energy company" and"company" have the meaning ascribed to those terms by Chapter
2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2. To the
extent that Chapter 2274 of the Government Code is applicable to this Agreement,by signing this
Agreement, Agency certifies that Agency's signature provides written verification to the City that
Agency: (1)does not boycott energy companies; and(2)will not boycott energy companies during
the term of this Agreement.
26. PROHIBITION ON DISCRIMINATION AGAINST FIREARM AND
AMMUNITION INDUSTRIES
Agency acknowledges that except as otherwise provided by Chapter 2274 of the Texas
Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1, the City is prohibited
from entering into a contract for goods or services that has a value of$100,000 or more that is to
be paid wholly or partly from public funds of the City with a company with 10 or more full-time
employees unless the contract contains a written verification from the company that it: (1) does
not have a practice, policy, guidance, or directive that discriminates against a firearm entity or
firearm trade association; and (2) will not discriminate during the term of the contract against a
firearm entity or firearm trade association. The terms"discriminate,""firearm entity"and"firearm
trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas
Government Code,as added by Acts 2021, 87th Leg.,R.S., S.B. 19, § 1. To the extent that Chapter
2274 of the Government Code is applicable to this Agreement,by signing this Agreement,Agency
certifies that Agency's signature provides written verification to the City that Agency: (1)does not
have a practice,policy, guidance, or directive that discriminates against a firearm entity or firearm
trade association; and(2)will not discriminate against a firearm entity or firearm trade association
during the term of this Agreement.
[SIGNATURES APPEAR ON NEXT PAGE]
«ESG PSA CONTRACT 2022-2023 36
The Presbyterian Night Shelter of Tarrant County,Inc.
IN WITNESS WHEREOF, the Parties hereto have executed 1 original of this Contract
in Fort Worth, Tarrant County, Texas.
ATTEST: 4�44nnnb CITY OF FORT WORTH:
p F F�Rr�IIa Tannel-to Sr. Goodall PIZ,,o°k.4c,
° od� ' .�JannetteS.GoodaB(Dec15,202207:43CST) oJannette Goodall V°s° °
City Secretary �Pa°° °°°°°°° �, Fernando Costa
47.
aEXASga Assistant City Manager
M&C: 22-0569
Date: August 9, 2022
1295 Certification No. 2022-857968
RECOMMENDED BY:
a4 �
Victor Turner
Neighborhood Services Director
APPROVED AS TO FORM AND LEGALITY:
Jessika Williams
Assistant City Attorney
CONTRACT COMPLIANCE ADMINISTRATOR:
By signing, I acknowledge that I am the person responsible
for the monitoring and administration of this contract, including
ensuring all performance and reporting requirements
s
Jerin Smith
Neighborhood Development Specialist
THE PRESBYTERIAN NIGHT SHELTER OF TARRANT COUNTY, INC.
Tby 014/2&1
Toby Men(Nov 28,202213:07 CST)
Toby Owen
OFFICIAL RECORD
Chief Executive Officer
CITY SECRETARY
FT.WORTH,TX
«ESG PSA CONTRACT 2022-2023 37
The Presbyterian Night Shelter of Tarrant County,Inc.
EXHIBITS:
EXHIBIT "A"—Program Summary
EXHIBIT"A-1"—2022 HUD Income Limits
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"—Section 3 Reporting Forms (NOT APPLICABLE)
EXHIBIT "H"—Match Report
EXHIBIT "I"—ESG Staff Certification Form
EXHIBIT "J"—ESG Performance Standards
EXHIBIT "J-1"—Written Standards for ESG Assistance
EXHIBIT "K"—ESG Quarterly HMIS Report
EXHIBIT "L" --MBE Reporting Form
EXHIBIBT "M"--Notice of Beneficiary Rights
EXHIBIT "N"—Written Standards for Maintenance of Personally Identifying Information
EXHIBIT "O"—Notice of Occupancy Rights Under VAWA
EXHIBIT "P"—VAWA Emergency Transfer Request Form
((ESG PSA CONTRACT 2022-2023 38
The Presbyterian Night Shelter of Tarrant County,Inc.
PRESBYTERIAN NIGHT SHELTER EXHIBIT "A"
Emergency Shelter and Case Management PROGRAM SUMMARY
PROGRAM SUMMARY
(ESG)
October 1, 2022 to September 30, 2023 $130,220.00
PERIOD AMOUNT
Capitalized terms not defined herein shall have meanings assigned them in the Contract.
PROGRAM:
The Program provides homeless persons access to emergency shelter services including food, clothing,
showers, and basic toiletries. Case Management is also available on-site.
ESG Funds will be used to pay for a percentage of salaries and fringe benefits for Program employees
involved in the daily operations of the shelter. ESG Funds will also pay for a portion of the utilities, and
City-required insurance.
Program services will be available 24 hours a day, 7 days a week, at the following locations:
Men's Shelter
2400 Cypress St, Fort Worth, TX 76102
Women's Shelter
2401 Cypress St, Fort Worth, TX 76102
The Morris Foundation Family Center
2320 Poplar St, Fort Wolth, TX 76102
REGULATORY CLASSIFICATION:
Service Category (if more than one category, specify amount for each): ESG Emergency Shelter
Component
Regulatory Citation(s): 24 CFR 576.102
Agency will maintain documentation which verifies that 100% of the clients served are homeless based on
the can-ent HUD definitions.
PROGRAM GOALS:
Minimum Number of Clients to be Served: The Program must serve a minimum of2084
Unduplicated Clients as shown by the monthly CAPER reports.
ESG PSA CONTRACT 2022-2023 - EXHIBIT"A"- PROGRAM SUMMARY Page I
Presbyterian Night Shelter of Tarrant County
EXHIBIT"A-1"
2022 HUD INCOME LIMITS
AN 1 person 2 people 3 people 4 people 5 people 6 people 7 people 8 people
30% $19,000 $21,700 $24,400 $27,100 $29,300 $31,450 $33,650 $35,800
50% $31,650 $36,200 $40,700 $45,200 $48,850 $52,450 $56,050 $59,700
60% $37,980 $43,440 $48,840 $54,240 $58,620 $62,940 $67,260 $71,640
80% $50,650 $57,850 $65,100 $72,300 $78,100 $83,900 $89,700 $95,450
*Income limits are published at least annually by HUD.
Effective 611512022
F.XHIBIT"B" -Bl!DGF.T
1 Account I Grunt 811d2et I A B C I TotR1
EMERGENCY SHELTER
ESSENTIAL SERVICES
Salaries 1001 84,819 1,460,WS0,42).00
500
FICA 1002 4,740 1135 00
LithlDis,lbriny Ini:;manec 1003
1-lenhh/Dentallmurance 1004 5.)05 II7. 700
Unemployment-Stale 1005 J, 400
Worker's Compcm;;Ilion 1006 14C)200
Office Supplies 1007 0 ).00Food Supplies 1008
Insurance 1009 JJ,000 26,A S j0,046.00
Accounting 1010 S
Contract Labor Sccurily(City needs copy of conim loll S
OtherO 1012 S0,06 S 0.%4,00
SIiELTER OPERATIONS
Mainlenancc 2001 S
Security 2002 U4 S 1.S42 00
In!-amuck 2003 S
Utilities 2004 2, 34. ?0J.G9l S 2,to.002.no
Supplies 2005 157,0 3
Repairs 2006 115.14 S IIS.146.00
Othcr(meals) 2007 R2,2% 209, .1 291,694.00
SUBTOTAL EMERGENCY SHELTER S 130,220.00 S 82,296.00 S 34,555.00 S Z,500,931.00 S Z,746,002,00
HOUSING RELOCATION AND STABILIZATION
PREVENTION
Salaries )001 S
flCA )002 S
LifvDisalrtily Insurar cc )00) S
Hcaltbfficnlal Insurar cc )004 S
Unemployment-Slate )005 S
Workers Compensation )006 S
OtherO )007 S
REHOUSING
Salaries 4001
flCA 4002
L£r/o1!ablity Insaancc 400)
Hcalth/Dcnt.il Insuraocc 4004
Unemployment-State 4005
Wc,rkes Compensmion 006
1-K\ 4007
Retirement 4008
Parking 4009
Mileage 4010
Rental Asistancc/Security Deposits
Utility Deposits/Payments
Other:(Program supplies and admin):Food:
postage;1clephonc/notwork/inlemet;occupancy;
mileage;training and professional devclopmcnl;
olhcr direct client and supporlive services:
cquillmcnl r®laVroncup;iodirod
Other(Friage Bcncnls):Emrloycc prescreeniag 4011
SUBTOTAL HR&S
FINANCIAL ASSISTANCE
PREVENTION
Rental Assistance 5001 S
Utility Payments 5002
REHOUSING
Rental Assistance 6001 84,0 S R4,000.00
Security Deposits 6002
Utilily Dcposils: 6001
Ulility Payments 6004
Moving Costs 6(q5 22.0 S 22,0001!0
Molcl/Holel Vouchers 6006
SUBTOTAL FINANCIAL ASSISTANCF: S S S (06,000,0 S 106,000.00
HOMELESS MANAGEMENT INFORMATION SYSTEM(BADS)
HMTS Software Costs 7001
SUBTOTALITMIS
BUDGF:TTOTAL I S 130,220,001 S 82,296,00 1 S 34,555,00 S 2,606,931.00 S 2,854,002.00
FUNDING A:FEMA EFSP
FUNDING B:T<lram County ESG
FUNDING C:Donations
FFMA EFSP
Tarrant ESG
Donations
Presbyterian Night Shelter-ESG PV20222023 rage I
The following tables were created for the purpose of preparing, negotiating, and determining the cost
reasonableness and cost allocation method used by the Agency for the line item budget represented
on the first page of this EXHIBIT "B" - Budget. The information reflected in the tables is to be
considered part of the terms and conditions of the Contract. Agency must have prior written approval
by the City to make changes to any line item in the Budget as outlined in Section 5.2.2 in the
Contract. The deadline to make changes to EXHIBIT "B" -Budget is April 3,2023 .
SALARY DETAIL
Est.Percent to Amount to
Position Title Annual Salary Grant Grant
Operations Manager-Willie Jinkins $ 43,709.00 100% $ 30,907.00
Security-Jobie Cherry $ 42,848.00 100% $ 30,664.00
Security-Mark Hills 1 $ 32,136.00 100% $ 23,248.00
***Sta ffwill be charged/00%to the grant until budget is unavailable.*** $
TOTAL $ 118,693.00 $ 84,819.00
FRINGE DETAIL
Percent of Est.Percent to Amount to
Payroll Amount Grant Grant
FICA 7.65% $ 4,740.00
Health Insurance $ 5,305.00
TOTAL $ - $ 10,045.00
SUPPLIES AND SERVICES
Est.Percent to Amount to
Total Budget Grant Grant
Office Supplies
TOTAL $
MISCELLANEOUS
Est.Percent to Amount to
Total Budget Grant Grant
Insurance $ 33,000.00
Accounting
Contract Labor(Security)
Other()
TOTAL $ 33,000.00
ESG PSA CONTRACT 2022-2023-EXHIBIT'B"-BUDGET
Presbyterian Night Shelter of Tanant County Page I
SHELTER OPERATIONS
Est. Percent to Amount to
Total Budget Grant Grant
Maintenance
Security
Insurance
Utilities $ 2,356.00
Supplies $ -
Repairs
Other(Meals)
TOTAL $ - $ 2,356.00
FINANCIAL ASSISTANCE
Est. Percent to Amount to
Total Budget Grant Grant
Rental Assistance
Security Deposits
Utility Payments
Utility Deposits
Moving Costs
Motel/Hotel Vouchers
TOTAL $ -
HMIS
Est, Percent to Amount to
Total Budget Grant Grant
r miN Nottware Losts
,TOTAL
ESG PSA CONTRACT 2022-2023 -EXHIBIT"B"-BUDGET
Presbyterian Night Shelter of Tarrant County Page 2
AUDIT CERTIFICATION FORM AND AUDIT REQUIREMENTS
Agency: PRESBYTERIAN NIGHT SHELTER OFT ARRANT COUNTY
Fiscal Year Ending: September 307 2023
Ii] During the fiscal year in which funds will be received, we will exceed the federal expenditure
threshold of$750,000. We will have our Single Audit or Program Specific Audit completed
and will submit the audit report described in 2 CFR Part 200 within 7 months after the end
of the audited fiscal year or 30 days within its completion, whichever is the earlier date.
D During the fiscal year in which funds will be received, we will not exceed the$750,000 federal
expenditure threshold required for a Single Audit or a Program Specific Audit to be performed
this fiscal year. (Fill out schedule below)
Federal Expenditure Disclosure
MUST be filled out if Single Audit or Program Audit is NOT required.
Pass Through Program Name & Contract
Federal Grantor Grantor CFDANumber Number Expenditures
Total Federal Expenditures for this Fiscal Year:
fa:Jf,';,' _ VP R
Sign ry and Title Date
Failure to submit this or a similar statement or failure to submit a completed single audit package
as described in the federally required audit requirements described in 2 CFR Part 200, as
applicable, by the required due date may result in suspension of funding and may affect eligibility
for future funding. Notwithstanding the above, this certification acknowledges the agency's
commitment to meet all other financial reporting, financial statements, and other audit
requirements as may be set forth in the Contract.
ESG PSA CONTRACT 2022-2023 - EXHIBIT "C" - AUDIT 2
CERTIFICATION
PRESBYTERIAN NIGHT SHELTER OF TARRANT COUNTY
Exhibit D
Attachment I-Request Summary
Agency:
Address:
City,State,Zip:
Program:
Month of Service:
Tax ID Number:
Contract Number:
Case ID:
P.O.Number:
FID Number:
IDIS Number:
Amount
Program Account Original Amount This Invoice Cumulative to Date Remaining Balance
(Program Name)Case ID
Salaries 1001 $ $
FICA 1002 $ $ $ $
Life/Disability Insurance 1003 $ $ $ $
Health/DentalInsurance 1004 $ $ $ $
Unemployment-State 1005 $ $ $ $
Worker's Compensation 1006 $ $ $ $
Office Supplies 1007 $ $ $ $
Food Supplies 1008 $ $ $ $
Insurance 1009 $ $ $ $
Accounting 1010 $ $ $ $
Contract Labor 1011 $ $ $ $
$
TOTAL $ $ $ $
Request Summary Budget Expenditure Percentage Spent Table Total
$ $ #DIV/0! $
22-Oct 22-Nov 22-Dec 234an 23-Feb 23-Mar
$ - $ - $ - $ - $ - $
23-Apr 23-May 23-Jun 23-Jul 23-Aug 23-%p
$ $ $ $ $ $
Client Goals Goal Amount Cumulative Total Goal Met% Table Total
0 0 #DIV/0! 0
22.Oct 22-Nov 22-Dec 23-Jan 23-Feb 23-Mar
1 0 0 0 0 0
23-Apr 23-May 23-Jun 23-Jul 23-Aug 23-%p
0 0 0 0 0 0
ATTACHMENT H
City of Fort Worth
Neighborhood Services Department
Expenditure Worbbeet
Agency.
Program
Only highlighted codes can he reimhursed
Please R mupMe secount codes.
Account Code
Line (See Key to Expense Line Item
No. Checkxn Date Payee Description/Job Title* Right) Arn. Account
1 EMERGENCY SHELTER
2 ESSENTIAL,SERVICES
3 Salaries 1001
4 FICA 1002
5 Lifensability Insurance 1003
6 Hmlth/Dental Insurance ]004
7 Unemployment-State 1005
S Worker's Compensation 1006
9 Office Supplies 1007
10
11
12 Food Supplies 1006
13 Insurance 1009
14 Accounting 1010
15 Contract Labor ]Oil
16 Olherp 1012
17 SHELTER OPERATIONS
is Maintemuce 2001
19 Security 2002
20 Insurance 20M
21 Utilities 2004
22 Supplies 2005
23 Repairs 2006
24 Othero 2007
25 HOUSING RELOCATION AND STABIL17ATTON
26 PREVENTION
27 Salaries 3001
29 FICA 3002
29 Lifen ability In— 3003
30 Health/Dental Inman- 3004
31 Unemployment-State 3005
32 Worker's Compensation 3006
33 Olherp 3007
34 REHOUSING
35 Salaries 4001
36 FICA 4002
37 Lif mieability In— 40M
39 Health/Dental Insurance 4004
39 Unemployment-State 4005
40 Worker's Compensation 4006
41 Olherp 4007
42 FINANCIAL ASSISTANCE
43 PREVENTION
44 Rental Assistance 5001
45
46 Utility Payments 5002
47 REHOUSING
46 Rental Assistance 6001
49 SecudtyDepoaits 6002
Utility Deposits 6003
Total $ Utility Payments 6004
*Fm Salaries,state employee's title under Description/Job Title.Rent must identifytenant Moving Cods 6005
Motel/Hotel Vouchers 6006
EMUS
BMIS Software Costs 7001
EXHIBIT "E"
INCOME CERTIFICATION FORMS
ESG PSA CONTRACT--EXHIBIT"E"--INCOME CERTIFICATION FORM
Page 1
City of Fort Worth
CERTIFICATION OF INCOME STATEMENT
Applicant Name:
Current Address: Phone#:
City and Zip:
Household Members and Income
includin a licant
Last Name First Name Age Monthly Source of Income
Income$$
TOTAL NUMBER OF FAMILY MEMBERS (Include Yourself,Spouse,Children,etc.)
Total Gross Annual Household Income:
PERSONAL INFORMATION:(Check one in each item. This Information is Required for Federal Reporting Purposes)
a. ❑MALE b. ❑WHITE ❑BLACK/AFRICAN AMERICAN ❑BLACK/AFRICAN AMERICAN&WHITE
❑FEMALE ❑AMERICAN INDIAN/ALASKAN NATIVE ❑ASIAN
❑AMERICAN INDIAN/ALASKAN NATIVE&WHITE ❑ASIAN&WHITE
❑NATIVE HAWAIIAN/OTHER PACIFIC ISLANDER ❑BALANCE/OTHER
❑AMERICAN INDIAN/ALASKAN NATIVE&BLACK/AFRICAN AMERICAN
c. ETHNICITY d. DISABLED e. IS HEAD OF HOUSEHOLD FEMALE?
❑HISPANIC ❑YES ❑YES
❑NON-HISPANIC ❑NO ❑NO
Certification: I certify that the information I am providing is true and could be subject to verification at any
time by a third party. I also acknowledge that the provision of false information could leave me subject to the
penalties of Federal, State and local law.
Signature of Applicant Date
WARNING: TITLE 18,SECTION 1001 OF THE U.S.CODE STATES THAT A PERSON IS GUILTY OF A FELONY
FOR KNOWINGLY AND WILLINGLY MAKING FALSE OR FRAUDULENT STATEMENTS TO ANY DEPARTMENT OF
THE UNITED STATES GOVERNMENT.
________For use by Agency staff only------
Household Size: Gross Annual Income:
Applicable Income Limit: Is Applicant Eligible?
Check if Applicant refused to provide demographic information: 0
Staff Assessment of Demographics:
Person Making Determination: Date:
NOTE: Address, income amounts and sources for ALL household members are required.
ESG PSA CONTRACT--EXHIBIT"E"--INCOME CERTIFICATION FORM
Page 2
Ciudad de Fort Worth
CERTIFICACON DE DECLARACON DE INGRESOS
Nombre del Solicitante:
Direccion de Actualidad: Telefono:
Ciudad y Codigo Postal:
Miembros Del Hogar e Ingresos
Inclu endo el/la Solicitante
Apellido Nombre Edad Ingreso Origen de Ingresos
Mensual
*TOTAL NUMERO DE MIEMBROS DEL HOGAR (Incliiyase Usted.)
Total Anual de Ingresos del hogar:
**INFORMAC16N PERSONAL:(Seleccione uno en cada articulo. Esta informaci6n es requerida por el Gobierno federal.)
a. ❑MASCULINO b. ❑BLANCO ❑NEGRO/AFRICANO AMERICANO ❑NEGRO/AFRICANO AMERICANO&BLANCO
❑FEMININO ❑INDIO AMERICANO/NATIVO DE ALASKA ❑ASIATICO
❑INDIO AMERICANO/NATIVO DE ALASKA&BLANCO ❑ASIATICO&BLANCO
❑NATIVO HAWAIANO/OTRO DE LAS ISLAS PACIFICAS ❑BALANCE/OTRO
❑INDIO AMERICANO/NATIVO DE ALASKA&NEGRO/AFRICANO AMERICANO
c. ETHNICIDAD d. INCAPACITADO e. DES LA CABEZA DEL HOGAR MUJER?
❑HISPANO ❑ SI ❑ SI
❑NO-HISPANO ❑NO ❑NO
Certificaci6n: Yo certifico que la informacion que yo estoy proporcionando es verdadera y puedo ser sujeto a
verificacion a cualquiera hora por tercera parte. Yo tambien reconozco que la provision de informacion falsa
puede dejarme sujeto a penalidades Federales, Estatales, y a ley local.
Firma del Solicitante Fecha
ADVERTENCIA: TITULO 18,SECCI6N 1001 DEL CODIGO DE LOS ESTADOS UNIDOS INDICA QUE UNA
PERSONA ES CULPABLE DE UN DELITO POR SABER Y VOLUNTARIAMENTE HACER DECLARACIONES FALSOS O
FRAUDULENTAS A CUALQUIER DEPARTAMENTO DE GOBIERNO DE LOS ESTADOS UNIDOS.
_____Para use de em leados de la a encia-------______
#De Miembros de Familia: Ingreso Anual:
Limite de Ingreso: LES solicitante elegible?
Compruebe si el solicitante se nego a dar su informacion personal: 0
Evaluacion del empleado sobre informacion personal:
Persona haciendo la determinacion: Fecha:
Note: La direccion de la casa y los ingresos (y sus origenes) para todos miembros del hogar son requeridos
ESG PSA CONTRACT--EXHIBIT"E"--INCOME CERTIFICATION FORM
Page 3
EXHIBIT "F"
STANDARDS OF DOCUMENTATION
ESG PSA CONTRACT--EXHIBIT"F"--STANDARDS OF DOCUMENTATION Page 1
2022-23 Documentation Standards for
ESG Public Service Contract Expenses
2 cc
Budget Line E GE ED Notes/Other
Employee Salaries and Benefits-City will only reimburse a percentage of any employee's salary and benefits who work directly with the ESG-funded Program. Percentages
will be cost allocated and determined prior to the execution of the ESG Contract. Agencies requesting the reimbursement of 100%of any Agency employee will require prior
City approval. Agencies must show calculation on how the ESG portion of employee salaries and benefits were calculated consistently with the ESG Contract.
If an employee works on both a ESG eligible and non-ESG eligible program(s),the City will only reimburse for a reasonable portion of
the employee's salary. Prior to the execution of the ESG Contract,the Agency will priovide the City with a written statement on how
each employee's time will be allocated. If an employee works 100%of their time directly with the ESG-funded Program,then 100%of
the employee's salary may be eligible for reimbursement. Agency must submit a written statement that 100%of the employee's time is
spent working directly with the ESG-funded Program. Statements must be signed by a person authorized to sign on behalf of the
Agency and will be submitted with the October invoice.
Salaries X X. Reimbursement requests must include a timesheet and work log that reflects the hours worked by the employee(s)working directly on
the ESG-funded Program. For employees who are paid with multiple funding sources,timesheets must reflect all funding sources. If
separate timesheets are kept for each funding source,all such timesheets must be submitted to City. Timesheets must be signed by
employee and supervisor. Agency must show a calculation and documentation of how the employee's salary was calculated and
invoiced to City.
'If employees are paid by direct deposit rather than check,then the agency must submit both the direct deposit payment company's
report(such as an ADT report)and a bank statement or check showing payment to the direct deposit company.
FICA/Medicare X X X
Life Insurance x x x
Health x x x If the City pays gross salary,this is already included.If the City pays the employer portion,the Agency must provide proof that the
Insurance employee is enrolled in the benefit plan,must show a calculation and documentation of how the invoiced amount was calculated,and
Disability x x x must provide documentation showing payment.Invoice and proof of payment are only required with the first reimbursement request and
Insurance at any time there are changes to amounts,enrollments,disenrollments,etc.
Unemployment x x x
Insurance
If the City pays gross salary,this is already included.If the City pays the employer portion,the Agency must provide proof that the
Retirement x x x employee is enrolled in the benefit plan,must show a calculation and documentation of how the invoiced amount was calculated,and
must provide documentation showing payment.Invoice and proof of payment are only required with the first reimbursement request and
at any time there are changes to amounts,enrollments,disenrollments,etc.
Materials,Equipment,Goods and Supplies-City will only reimburse for the cost allocated percent or amount spent In support of the ESG-funded Program. Agencies
requesting reimbursement for these Items will require prior City approval. Agencies must show calculation on how the ESG portion of these expenses were calculated
consistently with the ESG Contract.
Office Supplies X X X
Office
Equipment X X X X X
Rental
Postage X X X
Printing X X X
Construction&
Building X X X X This category is only available for the REACH Program and Habitat for Humanity.
Materials
Sport and
Recreation X X X
Equipment
Cleaning X X X
Supplies
Teaching Aids X X X
Craft Supplies X X X
Food Supplies X X X This category is only available to the Program provided by Meals on Wheels.
Rent, Utilities and Maintenance-City will only pay for a portion of these expenses. The portion of these expenses will be determined by the square footage attributable to
the ESG-funded Program and shall be cost-allocated In accordance with the amount of space used for the ESG-funded Program. These expenses may only be In support of
the ESG-funded Program. The Items listed below require prior City approval and the Agency Is required to Identify any funding source that pays for the portion of the
expenses that Is not paid with ESG funds. Agencies must show calculation on how the ESG portion of these expenses were calculated consistently with the ESG Contract.
Telephone X X
Gas X X
Water/Wastew X X
ater
Electric X X
o i aste
ESG PSA CONTRACT 2022-23 Exhibit"F"—STANDARDS FOR COMPLETE DOCUMENTATION 1
Facility This item requires approval by the City prior to the execution of the ESG Contract. Repairs may be categorized as major/minor
Maintenance X X X X
and Repairs rehabilitation projects and must be approved through the full HUD Environmetal Review.
Rent X X X City will pay for a portion of the rent for the Program facility so long as its in proportion to the square footage attributable to the ESG-
funded program.
Miscellaneous
This item requires prior approval by the City. Prior to the execution of the ESG Contract,the Agency must submit a written statement
that lists the contract labor services to be used during the Contract term. Agency will submit a memo related to the procurement of such
Contract Labor X X X X X services and will forward any information pertaining to the procurement process to City. This requirement applies to,but is not limited to,
services retained for security services,legal,accounting,transportation providers,educational facilitators,custodial services,etc.
Agencies may not use the contract services of any City of Fort Worth Department.
City-required X X City will only pay for a percentage of the City-required insurance so long as it's in proportion to the square footage attributable to the
Insurance ESG-funded program.
City requires that the agency submit its fee schedule or formula on how the Agency calculates the childcare scholarship amount. The
fee scheduletformula should demonstrate a breakout of income levels,and for each income level the schedule should demonstrate
Childcare X X which portion of the expense is to be paid by the family and which portion of the expense is to be reimbursed by the City. A fee
Scholarships scheduletformula must be submitted to the City prior to the first payment. Agency must submit documentation supporting that the client
is income eligible and that the household is being charged in conformance with the fee schedule. If the fee scheduletformula changes at
any time during the contract term,the Agency must immediately notify City on the date the new fee schedule/formula takes into effect.
"$0"Income Agecies that are required to verify and provide proof of household income to determine eligibility,must require that anyone who is over
Certifications the age of 18,living in the housohold,submit a$0 Income Certification.
If an audit is required because federal funds exceed$750,000,then the cost should be split evenly by all grant funding sources. Agency
Audit Services X X X X must show calculation on how the ESG portion of the accounting services were calculated. For example,if the ESG grant is 10%of
your Agency's budget,then invoice shall not exceed 10%of the overall cost. Agency must show a calculation and documentation of
how the invoiced amount was calculated,and must provide documentation showing payment.
*Proof of payment effective October 1,2013: payments or Expenses must be documented in the following manner:
A)Image of the check AND bank statement showing the check cleared the bank;OR,
B)Image of the cancelled check(ex.At end of bank statement);OR,
C)Payroll Check Stub,"Advice",or Statement AND Bank Statement indicating payroll;OR,
D)For wire or e-transfers:Reciept or statement from payee/vendor OR bank statement.
Final as of 0926/2017 DC
ESG PSA CONTRACT 2022-23 Exhibit"F"—STANDARDS FOR COMPLETE DOCUMENTATION 1
EXHIBIT "G"
SECTION 3 REPORTING FORMS
NOT APPLICABLE
ESG PSA CONTRACT 2022-23--EXHIBIT"G"--SECTION 3 REPORTING FORMS Page 1
EXHIBIT "H"
MATCH REPORT
ESG PSA CONTRACT 2022-23--EXHIBIT"H"-MATCH REPORT 1
CITY OF FORT WORTH
NEIGHBORHOOD SERVICES DEPARTMENT
EMERGENCY SOLUTIONS GRANT
This attachment is designed to document proposed sources and to assess compliance with the
required Emergency Shelter Grant(ESG)match portion at 24 CFR 576.51. ESG funds are matched
dollar-for-dollar for each program year allocation.
City of Fort Worth ESG Funds $ Agency ESG Match $
1. SOURCES OF LOCAL MATCH:
Other Federal (including pass-through funds, e.g., City CDBG, County FEMA, etc.)
MATCH SOURCE MATCH AMOUNT
TOTAL MATCH $
2. STATE/LOCAL GOVERNMENT FUNDING: (e.g., State Housing Trust Funds,Local
Assessment, etc.)
MATCH SOURCE MATCH AMOUNT
TOTAL MATCH $
3. PRIVATE (including recipient) FUNDING:
MATCH SOURCE MATCH $AMOUNT
Fund Raising/Cash $
Loans $
Building Value or Lease $
Donated Goods $
ESG PSA CONTRACT 2022-23--EXHIBIT"H"—MATCH REPORT 2
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 federally assisted project or program as required by 24 CFR 84.23(a)(2)
Date: Submitted by: Phone Number:
ESG PSA CONTRACT 2022-23--EXHIBIT"H"—MATCH REPORT 3
EXHIBIT "I"
ESG STAFF CERTIFICATION FORM
ESG PSA CONTRACT 2022-23—EXHIBIT"I"—ESG STAFF CERTIFICATION FORM Page I
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.
HOMELESS PREVENTION ONLY:(1)-(4)upon agency request for reimbursement for the 4'month of rent for a client(excluding arrears).
1. General Information
Head of Household Name: Age'
Names of Other Household Members: Age'
Age:
Age:
Age:
Age:
Household Income is less than 30%AMI? Yes ❑ No ❑ N/A(Rapid Rehousing Initial Evaluation Only) ❑
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 Requirements
Lease in agency file? Yes ❑ No❑
Client receives NO other rental subsidy(ie.Housing Choice Voucher)? Yes ❑ No ❑
Rental Assistance Agreement between landlord and agency in agency file? Yes ❑ No ❑
Unit Number of Bedrooms:
Fair Market Rent(FMR)&Rent Reasonableness: Area FMR Limit(as published by HUD):
Unit Rent per lease:
Unit meets Habitability Standards? Yes ❑ No ❑ Date of Inspection:
3. Lead-Safe Housing:
Applicable when(1)providing ESG rental assistance for more than 3 months excluding arrears,(2)pre-1978 housing unit,AND(3)child under 6 in household.
Not Applicable ❑
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 ofHUD's Visual Assessment Course QM://www.hud.goy/offices/lead/training/visualassessment/h00100.cfm,)
Required certifications:Each person signing below certifies to the following:(1)To the best of my knowledge,the program participant named above meets all requirements
to receive assistance under the Emergency Solutions Grant(ESG). (2) To the best of my knowledge and ability, all of the information used in making this eligibility
determination is true and complete.(3)I am not related to the program participant through family,business or other personal ties.(4)To the best of my knowledge,neither I
nor anyone related to me has received or will receive any financial benefit for this eligibility determination.(5)I understand that fraud is investigated by the Department of
Housing and Urban Development,Office of Inspector General,and may be punished under Federal laws to include,but not limited to,18 U.S.C.1001 and 18 U.S.C.641(6)
I understand that if any of these certifications is found to be false,I will be subject to criminal,civil and administrative penalties and sanctions.
ESG Staff Signature: Date:
ESG Supervisor Signature: Date:
ESG PSA CONTRACT 2022-23—EXHIBIT"I"—ESG STAFF CERTIFICATION FORM Page 2
EXHIBIT"J"
ESG PERFORMANCE STANDARDS
Emergency Solutions Grant Performance Standards
Activity Output/Outcome Measures
Street Number of Persons:
Outreach A. Total Unduplicated Served
B. Total Unduplicated Engaged
Of those receiving Case Management,
Number of Persons:
A. Those placed in temporary/transitional housing
B. Those placed in permanent housing
Emergency Number of Persons:
Shelter A. Total Unduplicated Served
Operations Of those receiving Case Management,Number of
Persons:
Include: A. Those exiting Emergency Shelter to temporary or
permanent housing destinations Agency determines
CDBG B. Those who have more non-cash benefits at exit number and
(Moving C. Number of persons in shelter less than 60 days % n PY22-23
Home) D. Number of persons in shelter greater than 60+days
E. Unduplicated number of adults with increase in
Income
Homeless Number of Persons:
Prevention A. Total Unduplicated Served
Of those served,Number of Persons:
A. Those able to maintain housing at exit Agency determines
B. Those who have more non-cash benefits at exit number and
% n PY22-23
Rapid Re- Number of persons:
Housing A. Total Unduplicated Served
Of those receiving,Number of Persons:
A. Those who exited to permanent housing at exit
B. Those who have more non-cash benefits at exit Agency determines
C. Those who have more case income at exit number and
D. Number of persons served less than 60 days between % n PY22-23
project entry and move-in
E. Number of persons served that spent greater than 60+
days between project entry and move-in
Coordinated A. 100% of Rapid Re-Housing enrollments come from Pulled From:
Entry Coordinated Entry System Coordinated Entry System
System B. 90% of Coordinated Entry System referrals must be Reporting Metrics under
accepted b housing providers development
p Y g P A. HMIS Report
C. The average length of time between referral to lease up B. HMIS Report
is less than 60 days C. CAPER Q22c
ESG PSA CONTRACT --EXHIBIT"J"—ESG PERFORMANCE STANDARDS 1
In order to successfully record performance outcomes, the CoC system requires that once
a household is enrolled in an ESG program,non-domestic violence agencies must complete
an initial HUD Intake Assessment within the HMIS system(ETO),the HUD Mid-Program
Assessment,and the HUD Exit Assessment upon program exit.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 quarterly; rapid re-housing participants must be reassessed at least
yearly. All participants must receive an exit assessment and enter it into HMIS or a
comparable-level database.
ESG PSA CONTRACT --EXHIBIT"J"-ESG PERFORMANCE STANDARDS 2
EXHIBIT "J-1"
Written Standards for ESG Assistance
Individuals and families eligibility. Households receiving either emergency shelter or rapid re-housing
assistance must meet HUD's revised definition of homelessness. Households receiving homelessness
prevention assistance must meet the definition of"at risk of homelessness",have incomes at or below 30%
AMI, and lack sufficient resources and support networks to retain housing. Eligible ESG-assisted
individuals and households must reside in the City of Fort Worth. Individuals receiving rapid re-housing
assistance must be housed to a unit located in the City of Fort Worth. Agencies will conduct initial
evaluation of clients to determine program eligibility, and kind of assistance needed. Agencies will re-
evaluate quarterly the assistance provided to homelessness prevention recipients, and yearly, to rapid re-
housing clients. Re-evaluation will ascertain that: i) annual incomes do not exceed 30% AMI; ii) clients
lack resources and support networks to retain housing without ESG assistance. Annual incomes are
established per 24 CFR 5.609. All clients must receive an exit assessment that will then be entered into
HMIS or comparable database.
Coordination among emergency shelter,homelessness prevention,rapid re-housing,and other homeless
assistance and housing providers. To receive ESG funds, an agency has to be an active member of the
Continuum of Care (CoQ. The CoC leads the coordination among agencies to assist the homeless and
prevent homelessness. It also engages and coordinates resources to improve current programs and funding
strategies.
Determining and prioritizing homelessness prevention and rapid re-housing assistance.Rapid re-housing
and homelessness prevention providers will determine prioritization among eligible clients. This should be
based on a risk assessment. Prioritization should take into account: 1) families with children, and elderly
and disabled persons who do not require permanent supportive housing;and 2)the share of rent and utilities
costs that each client must pay, if any, while receiving homelessness prevention or rapid re-housing
assistance. The City recommends that clients share in rent and utility costs, unless there are reasons for
receiving 100%ESG-assistance.
Duration of rental assistance. Per§576.103 and§576.104,agencies shall provide clients for no more than
24 months, during any 3-year period with short-term rental assistance, medium-term rental assistance,
payment of rental arrears, or any combination thereof. Short-term rental assistance is limited to 3 months.
Medium-term rental assistance extends over 3 months but not more than 24 months. Payment of rental
arrears consists of a one-time payment for up to 6 months of rent in arrears,including any late fees on those
arrears.
Type,amount,and duration ofhousing stabilization and/or relocation assistance. Agencies will establish
standards for the type, amount, and duration of housing stabilization and/or relocation services provided,
acknowledging that services may not extend for more than 24 months within a 3-year period. Housing
relocation and stabilization services include financial assistance (moving costs, rental application fees,
security deposits,last month's rent,utility deposits and utility payments),and services(housing search and
placement, housing stability and case management, mediation, legal services, and credit repair.) The
amount and type of assistance provided shall aim at clients becoming self-sufficient. The City shall have
access to documentation that supports the amount and type of assistance provided.
ESG PSA CONTRACT EXHIBIT"J-1"—Written Standards for ESG Assistance 1
EXHIBIT "K"
ESG QUARTERLY HMIS REPORT
ESG PSA CONTRACT-EXHIBIT"K"—ESG QUARTERLY HMIS REPORT Page 1
City of Fort Worth
Emergency Solutions Grant(ESG)
Quarterly HMIS Report
Agency Name: Reporting Period: From
Contact Person: To
This report is meant to collect data that is required for the HUD Consolidated Annual Performance and Evaluation Report
(CAPER). This report is due each quarter, on January 15,April 15, July 15 and September 30 of each Contract year. Please
fill out the report according to your Agency's accomplishments. If a particular activity does not apply to your Agency (for
example, a shelter does not perform homeless prevention) please fill in all zeros for that particular column. This information
should be collected from HMIS and the total number of persons should match comparable figures on the City's Attachment III
Report. If this report does not match the City's Attachment III Report, the Agency may be required to resubmit the report and
provide an explanation for the discrepancy.
Total Persons Served Total Persons Total Persons
Homelessness Rapid Re- Emergency Served This Served
Prevention Housing Shelters Quarter (Cumulative)
Special Populations Served-All Activities
Veterans
Victims of Domestic Violence
Elderly
HIV/AIDS
Chronically Homeless
Persons with Disabilities
Severely Mentally III
Chronic Substance Abuse (Drug,
Alcohol)
Other Disabilities (Physical,
Developmental)
Total
Number of Persons in Household
Adults
Children
Don't Know/Refused/Other
Missing Information
Total
Gender-All Activities
Male
Female
Transgender
Don't Know/Refused/Other
Missing Information
Prepared by: D.C.and C.A.
Updated:2/11/2015 Page 1 of 2
Total Persons Served Total Persons Total Persons
Homelessness Rapid Re- Emergency Served This Served
Prevention Housing Shelters Quarter (Cumulative)
Total
Age-All Activities
Under 18
18-24
25 and over
Don't Know/Refused/Other
Missing Information
Total
Shelter Utilization
Number of New Units -
Rehabilitation
Number of New Units-Conversion
Total Number of Bed-Nights
Available*
Total Number of Bed-Nights
Provided**
Performance Standards
Received Case Management
Exited to transitional or permanent
housing
With higher cash income at exit
With non-cash benefits at exit
Exited to or maintained permanent
housing at exit
Did not enter CoC Shelter or
Transitional Housing during
remainder of ESG year
* The total number of beds that are available in a year. For example, if they are all year-round beds, it would be 365 multiplied by the
number of emergency shelter beds; if some are seasonal as well (e.g.,only winter)then add in the number of nights each bed is available.
Count all emergency shelter beds,whether or not they are ESG-funded.
**The number of beds that were filled each night. Count all emergency shelter beds,whether or not they are ESG-funded.
Prepared by: D.C.and C.A.
Updated:2/11/2015 Page 2 of 2
EXHIBIT "L"
MBE REPORTING FORM
ESG PSA CONTRACT--EXHIBIT"L"--MBE REPORTING FORM Page 1
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EXHIBIT "M"
NOTICE OF BENEFICIARY RIGHTS
ESG PSA CONTRACT--EXHIBIT"M"—NOTICE OF BENEFICIARY RIGHTS Page 1
Notice of Beneficiary Rights
Name of Agency: PRESBYTERIAN NIGHT SHELTER
Name of Program: EMERGENCY SHELTER AND CASE MANAGEMENT
Contact information for Program Staff(name, phone number, and e-mail address, if appropriate):
Because this program is supported in whole or in part by direct Federal financial assistance from
the Federal Government, we are required to let you know that:
• We may not discriminate against you on the basis of religion, religious belief, a refusal
to hold a religious belief, or a refusal to attend or participate in a religious practice;
• We may not require you to attend or participate in any explicitly religious activities that
are offered by us and any participation by you in these activities must be purely
voluntary;
• We must separate, in time or location, any privately funded explicitly religious activities
from activities supported by direct Federal financial assistance;
• If you object to the religious character of our organization,we must make reasonable
efforts to identify and refer you to an alternative provider to which you have no such
objection; and
• You may report an organization's violations of these protections, including any denial of
services or benefits, by contacting or filing a written complaint to HUD [or the
intermediary, if applicable].
We must give you this written notice before you enroll in our program or activity, as required by
24 CFR 5.109.
ESG PSA CONTRACT--EXHIBIT"M"—NOTICE OF BENEFICIARY RIGHTS Page 2
EXHIBIT "N"
WRITTEN STANDARDS FOR MAINTENANCE OF PERSONALLY IDENTIFYING
INFORMATION
ESG PSA CONTRACT--EXHIBIT"N"—WRITTEN STANDARDS FOR MAINTENANCE OF PERSONALLY
IDENTIFYING INORMATION Page 1
Written Standards for Maintenance of Client Confidentiality
Personally identifying information. Households receiving assistance under ESG must have
reasonable assurance of confidentiality. All client records, including name, household members,
date of birth, Social Security number, Driver's License Number, and any other identifying
information of any individual or family who applies for and/or receives ESG assistance will be
kept secure and confidential. This includes maintaining client records in a safe, locked file
cabinet, filing area, or office that is not accessible to the general public and with access that is
limited to staff persons providing direct services to the client(s).
Domestic Violence Shelter Locations. The address or location of any domestic violence, dating
violence, sexual assault, or stalking shelter with ESG funds will not published, disclosed or made
public, except with written authorization of the person responsible for the operation of the
shelter.
Domestic Violence Shelter Participants. The address or location of any housing of a program
participant will not be published, disclosed or made public to any individual not providing direct
services to the participant, except as provided under a preexisting privacy policy of the agency
and consistent with state and local laws regarding privacy and obligations of confidentiality.
Federal/Local Government Rights. City,HUD,the HUD Office of Inspector General, and the
Comptroller General of the United States, or any of their authorized representatives, must have
the right of access to all books, documents,papers, or other records of the agency that are
pertinent to the ESG grant, in order to make audits, examinations, excerpts, and transcripts.
These rights of access are not limited to the required retention period but last as long as the
records are retained.
Public Rights. Citizens,public agencies, and other interested parties must have reasonable
access (consistent with state and local laws regarding privacy and obligations of confidentiality
and the confidentiality requirements in this part)to records regarding any uses of ESG funds the
agency received during the preceding 5 years.
Reports. The agency must collect and report data on its use of ESG funds in the Homeless
Management Information System(HMIS)
Compliance. Agency must incorporate into its policies and procedures a process that will
ensure the confidentiality of program participants' identifying information;records pertaining to
any individual or family provided family violence prevention; and treatment services offered
under any project assisted with ESG funds.
Agency Notification.Agency is provided the requirements for maintaining client confidentiality
via(a) annual Technical Assistance Training provided by City of Fort Worth Neighborhood
Services Department staff, (b) Individual Agency Technical Assistance visits (as scheduled), and
(c)annual monitoring visit conducted by City of Fort Worth Neighborhood Services Compliance
&Planning Division staff.
ESG PSA CONTRACT--EXHIBIT"N"—WRITTEN STANDARDS FOR MAINTENANCE OF PERSONALLY
IDENTIFYING INORMATION Page 2
Open Records Request. City staff required to comply with open records requests will receive
the requirements for maintaining client confidentiality and comply in accordance with HUD
regulations.
ESG PSA CONTRACT--EXHIBIT"N"—WRITTEN STANDARDS FOR MAINTENANCE OF PERSONALLY
IDENTIFYING INORMATION Page 3
NOTICE OF OCCUPANCY RIGHTS UNDER U.S.Department of Housing and Urban Development
THE VIOLENCE AGAINST WOMEN ACT OMB Approval No.2577-0286
Expires 06/30/2017
EXHIBIT "O"—Notice of Occupancy Rights Under VAWA
[Insert Name of Housing Provided
Notice of Occupancy Rights under the Violence Against Women Ace
To all Tenants and Applicants
The Violence Against Women Act(VAWA)provides protections for victims of domestic
violence, dating violence, sexual assault, or stalking. VAWA protections are not only available
to women,but are available equally to all individuals regardless of sex, gender identity, or sexual
orientation.3 The U.S. Department of Housing and Urban Development(HUD) is the Federal
agency that oversees that [insert name of program or rental assistance] is in compliance with
VAWA. This notice explains your rights under VAWA. A HUD-approved certification form is
attached to this notice. You can fill out this form to show that you are or have been a victim of
domestic violence, dating violence, sexual assault, or stalking, and that you wish to use your
rights under VAWA."
Protections for Applicants
If you otherwise qualify for assistance under [insert name of program or rental assistance],
you cannot be denied admission or denied assistance because you are or have been a victim of
domestic violence, dating violence, sexual assault, or stalking.
Protections for Tenants
1 The notice uses HP for housing provider but the housing provider should insert its name where HP is used.
HUD's program-specific regulations identify the individual or entity responsible for providing the notice of
occupancy rights.
2 Despite the name of this law,VAWA protection is available regardless of sex,gender identity,or sexual
orientation.
3 Housing providers cannot discriminate on the basis of any protected characteristic,including race,color,national
origin,religion,sex,familial status,disability,or age. HUD-assisted and HUD-insured housing must be made
available to all otherwise eligible individuals regardless of actual or perceived sexual orientation,gender identity,or
marital status.
Form HUD-5380
(12/2016)
2
If you are receiving assistance under [insert name of program or rental assistance], you may
not be denied assistance, terminated from participation, or be evicted from your rental housing
because you are or have been a victim of domestic violence, dating violence, sexual assault, or
stalking.
Also, if you or an affiliated individual of yours is or has been the victim of domestic violence,
dating violence, sexual assault, or stalking by a member of your household or any guest, you
may not be denied rental assistance or occupancy rights under [insert name of program or
rental assistance l solely on the basis of criminal activity directly relating to that domestic
violence, dating violence, sexual assault, or stalking.
Affiliated individual means your spouse,parent, brother, sister, or child, or a person to whom
you stand in the place of a parent or guardian (for example, the affiliated individual is in your
care, custody, or control); or any individual, tenant, or lawful occupant living in your household.
Removing the Abuser or Perpetrator from the Household
HP may divide (bifurcate)your lease in order to evict the individual or terminate the assistance
of the individual who has engaged in criminal activity(the abuser or perpetrator)directly relating
to domestic violence, dating violence, sexual assault, or stalking.
If HP chooses to remove the abuser or perpetrator, HP may not take away the rights of eligible
tenants to the unit or otherwise punish the remaining tenants. If the evicted abuser or perpetrator
was the sole tenant to have established eligibility for assistance under the program, HP must
allow the tenant who is or has been a victim and other household members to remain in the unit
for a period of time, in order to establish eligibility under the program or under another HUD
housing program covered by VAWA, or, find alternative housing.
Form HUD-5380
(12/2016)
3
In removing the abuser or perpetrator from the household, HP must follow Federal, State, and
local eviction procedures. In order to divide a lease, HP may,but is not required to, ask you for
documentation or certification of the incidences of domestic violence, dating violence, sexual
assault, or stalking.
Moving to Another Unit
Upon your request, HP may permit you to move to another unit, subject to the availability of
other units, and still keep your assistance. In order to approve a request, HP may ask you to
provide documentation that you are requesting to move because of an incidence of domestic
violence, dating violence, sexual assault, or stalking. If the request is a request for emergency
transfer, the housing provider may ask you to submit a written request or fill out a form where
you certify that you meet the criteria for an emergency transfer under VAWA. The criteria are:
(1) You are a victim of domestic violence, dating violence, sexual assault, or
stalking. If your housing provider does not already have documentation that you
are a victim of domestic violence, dating violence, sexual assault, or stalking, your
housing provider may ask you for such documentation, as described in the
documentation section below.
(2) You expressly request the emergency transfer. Your housing provider may
choose to require that you submit a form, or may accept another written or oral
request.
(3) You reasonably believe you are threatened with imminent harm from
further violence if you remain in your current unit. This means you have a
reason to fear that if you do not receive a transfer you would suffer violence in the
very near future.
Form HUD-5380
(12/2016)
4
OR
You are a victim of sexual assault and the assault occurred on the premises
during the 90-calendar-day period before you request a transfer. If you are a
victim of sexual assault, then in addition to qualifying for an emergency transfer
because you reasonably believe you are threatened with imminent harm from
further violence if you remain in your unit, you may qualify for an emergency
transfer if the sexual assault occurred on the premises of the property from which
you are seeking your transfer,and that assault happened within the 90-calendar-day
period before you expressly request the transfer.
HP will keep confidential requests for emergency transfers by victims of domestic violence,
dating violence, sexual assault, or stalking, and the location of any move by such victims and
their families.
HP's emergency transfer plan provides further information on emergency transfers, and HP must
make a copy of its emergency transfer plan available to you if you ask to see it.
Documenting You Are or Have Been a Victim of Domestic Violence,Dating Violence,
Sexual Assault or Stalking
HP can,but is not required to, ask you to provide documentation to"certify"that you are or have
been a victim of domestic violence, dating violence, sexual assault, or stalking. Such request
from HP must be in writing, and HP must give you at least 14 business days (Saturdays,
Sundays, and Federal holidays do not count) from the day you receive the request to provide the
documentation. HP may, but does not have to, extend the deadline for the submission of
documentation upon your request.
Form HUD-5380
(12/2016)
5
You can provide one of the following to HP as documentation. It is your choice which of the
following to submit if HP asks you to provide documentation that you are or have been a victim
of domestic violence, dating violence, sexual assault, or stalking.
• A complete HUD-approved certification form given to you by HP with this notice, that
documents an incident of domestic violence, dating violence, sexual assault, or stalking.
The form will ask for your name,the date, time, and location of the incident of domestic
violence, dating violence, sexual assault, or stalking, and a description of the incident.
The certification form provides for including the name of the abuser or perpetrator if the
name of the abuser or perpetrator is known and is safe to provide.
• A record of a Federal, State, tribal, territorial, or local law enforcement agency, court, or
administrative agency that documents the incident of domestic violence, dating violence,
sexual assault, or stalking. Examples of such records include police reports, protective
orders, and restraining orders, among others.
• A statement, which you must sign, along with the signature of an employee, agent, or
volunteer of a victim service provider, an attorney, a medical professional or a mental
health professional (collectively, "professional') from whom you sought assistance in
addressing domestic violence, dating violence, sexual assault, or stalking, or the effects of
abuse, and with the professional selected by you attesting under penalty of perjury that he
or she believes that the incident or incidents of domestic violence, dating violence, sexual
assault, or stalking are grounds for protection.
• Any other statement or evidence that HP has agreed to accept.
If you fail or refuse to provide one of these documents within the 14 business days, HP does not
have to provide you with the protections contained in this notice.
Form HUD-5380
(12/2016)
6
If HP receives conflicting evidence that an incident of domestic violence, dating violence, sexual
assault, or stalking has been committed(such as certification forms from two or more members
of a household each claiming to be a victim and naming one or more of the other petitioning
household members as the abuser or perpetrator), HP has the right to request that you provide
third-party documentation within thirty 30 calendar days in order to resolve the conflict. If you
fail or refuse to provide third-party documentation where there is conflicting evidence, HP does
not have to provide you with the protections contained in this notice.
Confidentiality
HP must keep confidential any information you provide related to the exercise of your rights
under VAWA, including the fact that you are exercising your rights under VAWA.
HP must not allow any individual administering assistance or other services on behalf of HP (for
example, employees and contractors)to have access to confidential information unless for
reasons that specifically call for these individuals to have access to this information under
applicable Federal, State, or local law.
HP must not enter your information into any shared database or disclose your information to any
other entity or individual. HP, however, may disclose the information provided i£
• You give written permission to HP to release the information on a time limited basis.
• HP needs to use the information in an eviction or termination proceeding, such as to evict
your abuser or perpetrator or terminate your abuser or perpetrator from assistance under
this program.
• A law requires HP or your landlord to release the information.
Form HUD-5380
(12/2016)
VAWA does not limit HP's duty to honor court orders about access to or control of the property.
This includes orders issued to protect a victim and orders dividing property among household
members in cases where a family breaks up.
Reasons a Tenant Eligible for Occupancy Rights under VAWA May Be Evicted or
Assistance May Be Terminated
You can be evicted and your assistance can be terminated for serious or repeated lease violations
that are not related to domestic violence, dating violence, sexual assault, or stalking committed
against you. However, HP cannot hold tenants who have been victims of domestic violence,
dating violence, sexual assault, or stalking to a more demanding set of rules than it applies to
tenants who have not been victims of domestic violence, dating violence, sexual assault, or
stalking.
The protections described in this notice might not apply, and you could be evicted and your
assistance terminated, if HP can demonstrate that not evicting you or terminating your assistance
would present a real physical danger that:
1) Would occur within an immediate time frame, and
2) Could result in death or serious bodily harm to other tenants or those who work on the
property.
If HP can demonstrate the above, HP should only terminate your assistance or evict you if there
are no other actions that could be taken to reduce or eliminate the threat.
Other Laws
VAWA does not replace any Federal, State, or local law that provides greater protection for
victims of domestic violence, dating violence, sexual assault, or stalking. You may be entitled to
Form HUD-5380
(12/2016)
8
additional housing protections for victims of domestic violence, dating violence, sexual assault,
or stalking under other Federal laws, as well as under State and local laws.
Non-Compliance with The Requirements of This Notice
You may report a covered housing provider's violations of these rights and seek additional
assistance, if needed,by contacting or filing a complaint with [insert contact information for
any intermediary, if applicable] or [insert HUD field office].
For Additional Information
You may view a copy of HUD's final VAWA rule at [insert Federal Register link].
Additionally,HP must make a copy of HUD's VAWA regulations available to you if you ask to
see them.
For questions regarding VAWA, please contact [insert name of program or rental assistance
contact information able to answer questions on VAWAI.
For help regarding an abusive relationship, you may call the National Domestic Violence Hotline
at 1-800-799-7233 or, for persons with hearing impairments, 1-800-787-3224 (TTY). You may
also contact [Insert contact information for relevant local organizations].
For tenants who are or have been victims of stalking seeking help may visit the National Center
for Victims of Crime's Stalking Resource Center at https://www.victimsofcrime.org/our-
programs/stalking-resource-center.
For help regarding sexual assault, you may contact [Insert contact information for relevant
organizations]
Victims of stalking seeking help may contact [Insert contact information for relevant
organizations].
Attachment: Certification form HUD-5382 [form approved for this program to be included]
Form HUD-5380
(12/2016)
EXHIBIT "P" —Emergency Transfer Request Form
CERTIFICATION OF U.S.Department of Housing OMB Approval No.2577-0286
DOMESTIC VIOLENCE, and Urban Development Exp. 06/30/2017
DATING VIOLENCE,
SEXUAL ASSAULT, OR STALKING,
AND ALTERNATE DOCUMENTATION
Purpose of Form: The Violence Against Women Act("VAWA")protects applicants,tenants,and
program participants in certain HUD programs from being evicted,denied housing assistance, or
terminated from housing assistance based on acts of domestic violence,dating violence, sexual assault, or
stalking against them. Despite the name of this law,VAWA protection is available to victims of domestic
violence, dating violence, sexual assault,and stalking,regardless of sex, gender identity, or sexual
orientation.
Use of This Optional Form: If you are seeking VAWA protections from your housing provider,your
housing provider may give you a written request that asks you to submit documentation about the incident
or incidents of domestic violence,dating violence, sexual assault,or stalking.
In response to this request,you or someone on your behalf may complete this optional form and submit it
to your housing provider,or you may submit one of the following types of third-party documentation:
(1)A document signed by you and an employee,agent,or volunteer of a victim service provider, an
attorney,or medical professional, or a mental health professional(collectively,"professional")from
whom you have sought assistance relating to domestic violence, dating violence,sexual assault, or
stalking, or the effects of abuse. The document must specify,under penalty of perjury,that the
professional believes the incident or incidents of domestic violence,dating violence, sexual assault, or
stalking occurred and meet the definition of"domestic violence,""dating violence,""sexual assault,"or
"stalking"in HUD's regulations at 24 CFR 5.2003.
(2)A record of a Federal, State,tribal,territorial or local law enforcement agency,court,or
administrative agency; or
(3)At the discretion of the housing provider,a statement or other evidence provided by the applicant or
tenant.
Submission of Documentation: The time period to submit documentation is 14 business days from the
date that you receive a written request from your housing provider asking that you provide documentation
of the occurrence of domestic violence,dating violence, sexual assault, or stalking. Your housing
provider may,but is not required to,extend the time period to submit the documentation,if you request an
extension of the time period. If the requested information is not received within 14 business days of when
you received the request for the documentation,or any extension of the date provided by your housing
provider,your housing provider does not need to grant you any of the VAWA protections. Distribution or
issuance of this form does not serve as a written request for certification.
Confidentiality: All information provided to your housing provider concerning the incident(s)of
domestic violence,dating violence, sexual assault, or stalking shall be kept confidential and such details
shall not be entered into any shared database. Employees of your housing provider are not to have access
to these details unless to grant or deny VAWA protections to you,and such employees may not disclose
this information to any other entity or individual,except to the extent that disclosure is: (i) consented to
Form HUD-5382
(06/2017)
2
by you in writing in a time-limited release; (ii)required for use in an eviction proceeding or hearing
regarding termination of assistance; or(iii)otherwise required by applicable law.
TO BE COMPLETED BY OR ON BEHALF OF THE VICTIM OF DOMESTIC VIOLENCE,
DATING VIOLENCE, SEXUAL ASSAULT,OR STALKING
1. Date the written request is received by victim:
2. Name of victim:
3. Your name(if different from victim's):
4. Name(s)of other family member(s)listed on the lease:
5. Residence of victim:
6. Name of the accused perpetrator(if known and can be safely disclosed):
7. Relationship of the accused perpetrator to the victim:
8. Date(s)and times(s)of incident(s)(if known):
10. Location of incident(s):
In your own words,briefly describe the incident(s):
This is to certify that the information provided on this form is true and correct to the best of my knowledge
and recollection,and that the individual named above in Item 2 is or has been a victim of domestic violence,
dating violence, sexual assault, or stalking. I acknowledge that submission of false information could
jeopardize program eligibility and could be the basis for denial of admission,termination of assistance, or
eviction.
Signature Signed on(Date)
Public Reporting Burden: The public reporting burden for this collection of information is estimated to
average 1 hour per response. This includes the time for collecting,reviewing,and reporting the data. The
information provided is to be used by the housing provider to request certification that the applicant or
tenant is a victim of domestic violence,dating violence, sexual assault,or stalking. The information is
subject to the confidentiality requirements of VAWA. This agency may not collect this information,and
you are not required to complete this form,unless it displays a currently valid Office of Management and
Budget control number.
Form HUD-5382
(06/2017)
CERTIFICATE OF INTERESTED PARTIES FORM 1295
1 of 1
Complete Nos.1 -4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2022-857968
Presbyterian Night Shelter
Fort Worth,TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 03/07/2022
being filed.
City of Fort Worth, Texas Date Acknowledged:
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
RFP No. NSD22-001 PNS-ESG
PNS - ESG 22-23 Emergency Shelter
4
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling Intermediary
5 Check only if there is NO Interested Party. 0
My name is Ow Y and my date of birth is 3-3-72...
r
My address is ?O Le "t5 1,j/>/"✓... •Q: 1:IZl�� :t( V.< .
I declare under penalty of perjury that the foregoing is true and correct.
Executed in 1111 tv<C:1. County, State of:::C..e...10a.> ,on the..!.!!_day of Wk d,... ,_,20 2"JL
(month) (year)
... Ig na ure of authorized agent of contracting ousiness entity
(Declarant)
Forms proviaeu oy I exaswww.etn Ics.state tK.us version I bbcac
9/1/22, 1:48 PM M&C Review
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FoRTi
Create New From This M&C
DATE: 8/9/2022 REFERENCE M&C 22-0569 LOG NAME: 19NS 2022-2023 ACTION
NO.: PLAN
CODE: C TYPE: NOW PUBLIC CONSENT HEARING:
YES
SUBJECT: (ALL) Conduct Public Hearing and Approve the City of Fort Worth's 2022-2023 Annual
Action Plan for the Use of Federal Grant Funds in the Amount of $13,124,648.00 to be
Awarded by the United States Department of Housing and Urban Development from the
Community Development Block Grant, HOME Investment Partnerships Program,
Emergency Solutions Grant, and Housing Opportunities for Persons with AIDS Program,
Authorize Collection and Use of Program Income, Authorize Execution of Related
Contracts, Adopt Appropriation Ordinance, and Authorize Waiver of Indirect Costs
(PUBLIC HEARING - a. Report City Staff: Sharon Burkley; b. Public Presentations; c.
Council Action: Close Public Hearing and Act on the M&C)
RECOMMENDATION:
It is recommended that City Council:
1. Conduct a public hearing to allow citizen input and consideration of the City's 2022-2023
Annual Action Plan for use of federal grant funds to be awarded by the United States
Department of Housing and Urban Development in the amount of $13,124,648.00 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;
2. Approve the City's 2022-2023 Annual 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;
3. Authorize the collection and use of an estimated $50,000.00 of program income which is
expected to result from activities using prior years' Community Development Block Grant
funds for the City's Priority Repair Program;
4. Authorize the collection and use of an estimated $50,000.00 of program income which is
expected to result from activities using prior years' HOME Investment Partnerships Program
grant funds for the City's Homebuyer Assistance Program, and authorize the use of 10
percent of the program income for administrative costs;
5. Authorize the City Manager or his designee to execute contracts for one year terms with the
agencies listed in Tables 1,2, and 3 below for Program Year 2022-2023 for Community
Development Block Grant, Emergency Solutions Grant, and Housing Opportunities for
Persons with AIDS grant funds, contingent upon receipt of funding, and satisfactory
completion of all federal regulatory requirements;
6. Authorize the City Manager or his designee to extend the contracts for up to one year if an
agency or department requests an extension and such extension is necessary for completion
of the program, or to amend the contracts if necessary to achieve program goals provided
any amendment is within the scope of the program and in compliance with City policies and
all applicable laws and regulations governing the use of federal grant funds;
7. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations
in the Grants Operating Federal Fund in the total amount of $13,124,648.00 consisting of
$6,996,710.00 in Community Development Block Grant funds, $3,266,685.00 in HOME
Investment Partnerships Program grant funds, $628,543.00 in Emergency Solutions Grant
funds, and $2,232,710.00 in Housing Opportunities for Persons with AIDS grant funds, plus
estimated program income in the amount of $100,000.00, all subject to receipt of such
funds; and
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8. Authorize a waiver of the Neighborhood Services Department indirect cost rate of
17.29\%, estimated total of $330,793.14.
DISCUSSION:
The City of Fort Worth's (City's) 2022-2023 Annual Action Plan summarizes the major housing and
community development activities and proposed expenditures for the program year beginning
October 1, 2022 and ending September 30, 2023 for use of federal grant funds totaling
$13,124,648.00 from the United States Department of Housing and Urban Development (HUD) from
the Community Development Block Grant (CDBG), HOME Investment Partnerships Program
(HOME), Emergency Solutions Grant (ESG), and Housing Opportunities for Persons with AIDS
(HOPWA) grant programs. It also summarizes the use of program income resulting from activities
using prior years' CDBG and HOME funds, the primary purpose of which is to benefit low-and
moderate-income persons in Fort Worth. ESG funds primarily benefit persons experiencing
homelessness, and HOPWA funds primarily benefit low- and moderate-income persons with
HIV/AIDS.
Staff developed initial recommendations for the allocation of the estimated funding from HUD based
on prior year's funding levels. One public hearing was held on April 27, 2022 to provide citizens the
opportunity to participate in the development of the Annual Action Plan. Recommendations for award
amounts were considered and adopted by the Community Development Council on May 11, 2022.
These funding recommendations were presented in City Council Work Session on June 7, 2022.
A 30-day public comment period was held from July 1, 2022 to August 1, 2022. Notice of this public
comment period was published in the Fort Worth Star-Telegram on June 26, 2022; in the Weatherford
Democrat on June 28, 2022; in the Hood County News and Wise County Messenger on June 29,
2022; in Cleburne Times Review and La Vida News on June 30, 2022; and in Glen Rose Reporter on
July 1, 2022.
Any comments received are maintained by the Neighborhood Services Department in accordance
with federal regulations. The City held two public hearings as part of the HUD required citizen
participation process. The first public hearing was held by staff on July 13, 2022, and the second
public hearing is scheduled for the City Council meeting on August 9, 2022.
A summary of staffs final funding recommendations is provided below in Tables 1, 2, and 3. A
Powerpoint presentation listing funding recommendations is also attached. The 2022-2023 Annual
Action Plan will be submitted to HUD by August 15, 2022.
Indirect costs totaling approximately $330,793.14 could be charged to these grants, as the
Neighborhood Services Department indirect cost rate is 17.29\% in the City's most recent Cost
Allocation Plan. A waiver of these costs is requested to allow allocation of these funds to further
support the programs and services to assist low-to-moderate income citizens.
COMMUNITY DEVELOPMENT BLOCK GRANT
For Program Year 2022-2023, it is recommended that the amount of $6,946,710.00 in CDBG funds
and an estimated amount of $50,000.00 in CDBG program income totaling $6,996,710.00 be
allocated as follows:
Public Services Agencies- $1,042,006.00: Includes social services for low- and moderate-income
persons, persons with disabilities, and disadvantaged persons
Housing Programs - $4,153,352.00: Includes funding for the City's Priority Repair Program,
Cowtown Brush-Up, homebuyer and housing services, accessibility modifications for seniors and
persons with disabilities, and related project delivery costs for these programs
Major Projects - $362,010.00: Includes funding for Southside Community Center improvements
Administration - $1,389,342.00: Includes costs for administering the CDBG grant, including
allocations for the Financial Management Services and Development Services Departments
Estimated Program Income - $50,000.00: Includes up to $50,000.00 in funding for the City's
Priority Repair Program. Any CDBG program income over the estimated amount not used for the
Priority Repair Program will be allocated to priority activities in the City's Consolidated Plan, subject
to the City Council approval.
HOME INVESTMENT PARTNERSHIPS PROGRAM
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For Program Year 2022-2023, it is recommended that the amount of $3,216,685.00 in HOME funds
and an estimated amount of $50,000.00 in HOME program income totaling $3,266,685.00 be
allocated as follows:
Homebuyer Assistance Program - $129,623.50: Includes funding for down payment and closing
cost assistance for low- and moderate-income homebuyers
Community Housing Development Organization - $707,430.00: HUD requires that a minimum of
15 percent of HOME funds be allocated to Community Housing Development Organizations
(CHDOs) for affordable housing projects. These funds will be used by Development Corporation of
Tarrant County (DCTC) for single-family infill development in the Polytechnic neighborhood. All
housing developed with these funds will be sold to homebuyers making at or below 80 percent of
area median income (AMI), set by HUD.
Major Projects - $2,057,963.00: Includes funds ($1,000,000.00) allocated to the affordable
housing project to be developed by Fort Worth Housing Solutions (FWHS) as a part of its Choice
Neighborhood Initiative (CNI) grant and funds ($1,057,963.00) allocated to the development of
permanent supportive housing.
Administration - $321,668.50: Includes costs for administering the HOME grant
Estimated Program Income - $50,000.00: Includes funding for the Homebuyer Assistance Program
and HOME grant administrative costs. HUD allows the City to use 10 percent of any HOME
program income towards the cost of administering the HOME grant. HOME program income over
the estimated amount not used for the Homebuyer Assistance Program will be allocated to priority
activities in the City's Consolidated Plan, subject to City Council approval.
HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS
For Program Year 2022-2023, it is recommended that the amount of$2,232,710.00 in HOPWA funds
be allocated as follows:
Public Service Agencies - $1,515,729.00
Neighborhood Services Department - $650,000.00
Administration - $66,981.00
EMERGENCY SOLUTIONS GRANT
For Program Year 2022-2023, it is recommended that the amount of $628,543.00 in ESG funds be
allocated as follows:
Public Service Agencies - $581,403.00
Administration - $47,140.00
CONTRACT RECOMMENDATIONS
The Community Development Council and Neighborhood Services Department staff recommend that
contracts be executed with the public service & CDBG subrecipient agencies for the amounts shown
in the following tables:
Community Development Block Grant Contracts
TABLE 1: CDBG AGENCIES
AGENCY TCONSOLIDATED PROGRAM AMOUNT
PLAN GOAL L
Homebuyer IF
Housing Channel Affordable Education and $100,000.00
Housing Housing Counseling
Services
Guardianship Services, Financial Exploitation
Inc. itging-In-Place prevention Center $70,000.00
Meals-On-Wheels, Inc. ofIF9
ing-In-Place Home-Delivered 72,006.00
Tarrant County ,Meals 1L$
Meals-On-Wheels, Inc. of Aging-In-Place Transportation � $50,000.00
Tarrant County „Program
Girls Incorporated of 7 C IhI dren/Youth
Tarrant County Training and Leadership Program $75,000.00
J,Mentorship
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United Community Children/Youth Educational II $100,000.00
Centers, Inc. Training and Enrichment Program
�IMentorship JL
Boys & Girls Clubs o�ChildChild enr�/Youth After School
Greater Tarrant County, Training and $60,000.00
Inc. Mentorship Program
Young Men's Christian--1 Children/Youth
Association of Metropolitan Training and Y Achievers $50,000.00
Fort Worth J Mentorship
—1 Children/Youth
B Christian Learning Training and After School $75,000.00
Center Mentorship Program
Children/Youth ir
Fortress Youth Training and Fortress PreSchool $50,000.00
Development Center, Inc._Mentorship _
The Presbyterian Night Homeless Moving Home Case IF-
Shelter of Tarrant County Services IL
IL $125,000.00
Inc.
Poverty Computer Skills
The Ladder Alliance Reduction and Household Training- Next Level $70,000.00 Stabilization program
Poverty —IF
Easter Seals North Texas, Reduction and Employment $50,000.00
Inc. Household I�Services
,Stabilization
Poverty
The Women's Center of Reduction and Working Families $50,000.00
Tarrant County, Inc. Household Success
Stabilization
P—o e
Center for Transforming Reduction and 'Level Up
Lives Household Microenterprise $45,000.00
JIStabilization
CDBG Public Service Agencies Total ] $1,042,006.00
Rehabilitation, Education Accessibility —I
and Advocacy for Citizens Accessibility Improvements for $125,000.00
with Handicaps DBA Improvements I[Residents
ILow IncomeIIREACH, Inc. J L
I� Accessibility —IF
United Way of Tarrant Accessibility Improvements for $50,000.00
County Improvements Low Income Senior IL
Residents Fort Worth Area Habitat for Preserve Aging Cowtown Brush Up
Humanity, Inc. DBA Trinity Housing Stock Paint Program $455,000.00
Habitat for Humanity
CDBG Subrecipient Agencies Total $630,000.00
TOTAL CDBG CONTRACTS $1,672,006.00
Housing Opportunities for Persons with AIDS Contracts
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TABLE 2: HOPWA AGENCIES
AGENCY PROGRAM ILAMOUNT
IDS Outreach Administration, Supportive Services, Short-Term $429,850.00
Center, Inc. Rent, Mortgage, and Utility Assistance (STRMU)
Tarrant County Administration, Facility-Based Operations,
Samaritan Supportive Services, Tenant-Based Rental $1,085,879.00
Housing, Inc. IlAssistance (TBRA) _
TOTAL HOPWA CONTRACTS $1,515,729.00
Emergency Solutions Grant Contracts
TABLE 3: ESG AGENCIES
AGENCY PROGRAM AMOUNT
The Presbyterian Night Shelter of Tarrant Shelter $130 220 00
County, Inc. I10perations/Services
Lighthouse for the Homeless DBA True Shelter
Worth Place Operations/Services $176,000.00
The Salvation Army Homelessness $105,535.00
Prevention
Center for Transforming Lives apid Re-Housing $98,743.00
SafeHaven of Tarrant County _Shelter $70,905.00
Operations/Services
TOTAL ESG CONTRACTS 11 $581,403.00
All figures have been rounded to the nearest dollar for presentation purposes. These programs are
available in ALL COUNCIL DISTRICTS.
Each of these grants is an entitlement grant rather than a competitive grant received from the United
States Department of Housing and Urban Development (HUD). Entitlement grants provide funds to
agencies based on a formula, prescribed in legislation or regulation, rather than based on review.
These specific grants are allocated to the City of Fort Worth based on population size and per capita
income each year. The grants have been consistently awarded to the City since 1974 with the
inception of the Community Development Block Grant (CDBG) through the Housing and Community
Development Act of 1974. The Emergency Shelter (renamed Solutions) Grant (ESG)was authorized
in 1987 through the McKinney-Vento Homelessness Assistance Act. The HOME Investment
Partnerships Program (HOME) and the Housing Opportunities for Persons with AIDS (HOPWA)
Program were authorized in 1990 through the Cranston-Gonzales National Affordable Housing Act of
1990. With these grants, administrative and program delivery allocations support approximately 72
FTE positions in the Neighborhood Services Department, which is funded nearly 70\% with various
grants including these entitlement grants.
Positions funded with HUD Entitlement grants are subject to grant availability. In the event of a grant
award being decreased or eliminated, Neighborhood Services Department would review programs and
services funded by the grants and determine a level of service and staffing that aligns with the
available funding. Alternative to consider may include staff and program reductions or eliminations.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations and adoption of
the attached appropriation ordinance, funds will be available in the current operating budget, as
appropriated, of the Grants Operating Federal Fund. The Neighborhood Services Department (and
Financial Management Services) will be responsible for the collection and deposit of funds due to the
City. Prior to an expenditure being incurred, the Neighborhood Services Department has the
responsibility to validate the availability of funds. This is a reimbursement grant.
TO
Fund Department Account Project Program Activity Budget I Reference# I Amount
ID I I ID I I I Year (Chartfield 2)
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FROM
Fund Department Account Project Program Activity Budget Reference# Amount
ID I I ID I I Year (Chartfield 2)
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Victor Turner(8187)
Additional Information Contact: Sharon Burkley (5785)
ATTACHMENTS
19NS 2022-2023 ACTION PLAN 21001.docx (Public)
19NS ACTION PLAN 2022 Agency Form 1295 Forms.pdf (CFW Intemal)
Action Plan Budget-Staff Recommendations City Council Work Session 060722.pdf (Public)
Secretary of State Agency Listings 2022-2023.pdf (Public)
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