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HomeMy WebLinkAboutContract 59992CSC No. 59992 STATE OF TEXAS § COUNTY OF TARRANT § This contract ("Contract") is made and entered into by and between the City of Fort Worth (hereafter "City") and The Salvation Army, A Georgia Corporation (hereafter "Agency"). City and Agency may be referred to individually as a "Party" and jointly as "the Parties". The Parties state as follows: WHEREAS, City receives grant monies from the United States Department of Housing and Urban Development ("HUD") through the Emergency Solutions Grant Program ("ESG"), Program No. E-20-MW-48-0010, Catalog of Federal Domestic Assistance No. 14.231; WHEREAS, City has received a second additional allocation of ESG grant monies under the Coronavirus Aid, Relief, and Economic Security Act ("CARES" Act) referenced by HUD as "ESG-CV2"; WHEREAS, the ESG regulations and related HUD guidance publications establish all requirements for the ESG-CV2 funds except for those specifically described in this Contract as deriving from the CARES Act; 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 and was selected to use ESG-CV2 funds for an eligible program under the ESG Regulations whereby Agency will provide services to homeless persons or persons at risk of becoming homeless; WHEREAS, Agency programs accomplish the CARES Act goal of preventing, preparing for, and responding to the Coronavirus by supporting health guidelines of the Center for Disease Control regarding social distancing and related actions among the homeless population, by rapidly providing homeless or at -risk persons with non -congregate housing, and by improving health and safety conditions for homeless and at -risk populations; and WHEREAS, City citizens, the Community Development Council, and the City Council have determined that ESG-CV2 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. OFFICIAL RECORD ESG-CV2 PSA CONTRACT CARES ACT 2020 CITY SECRETARY Page 1 THE SALVATION ARMY FT. WORTH, TX 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 2023 income limits are attached hereto as EXHIBIT "A-1" —2023 HUD Income Limits. At Risk Of Homelessness means the definition provided at 24 CFR 576.2 with the exception that the income limit is 50% of the Area Median as authorized by the CARES Act; Business Diversity Enterprise Ordinance or BDE means the City's Business Diversity Ordinance, Ordinance No. 20020-12-2011. 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-CV 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 means the Tarrant Area Continuum of Care. DBE means disadvantaged business enterprise in accordance with 49 CFR Part 26. Director means the Director of the City's Neighborhood Services Department. Effective Date means May 1, 2023. ESG means Emergency Solutions Grant. ESG-CV2 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-CV2 PSA CONTRACT CARES ACT 2020 Page 2 THE SALVATION ARMY and as updated by the CARES Act regarding income eligibility for homelessness prevention assistance. ESG-CV2 Funds means the ESG-CV2 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. Neighborhood Services Department means the City's Neighborhood Services Department. 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 under ESG Regulations that an individual or household is an ESG-CV2 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, retirement 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-CV2 Eligible Clients served at least once in the Contract Term. ESG-CV2 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 (Contract Term) begins on the Effective Date and terminates on September 30, 2023 unless earlier terminated as provided in this Contract. This Contract may be extended if such extension is necessary for completion of the program, or to amend the contract 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 ESG-CV2 PSA CONTRACT CARES ACT 2020 Page 3 THE SALVATION ARMY 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-CV2 Funds. City shall provide up to $267,003.29 of ESG-CV2 Funds under the terms and conditions herein. 4.2 Monitor. City will monitor the activities and performance of Agency and any of its contractors, subcontractors or vendors as necessary, but no less than annually. 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. 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-CV2 Funds. 5.2.1. Compliance with ESG Regulations and Contract. Agency shall be reimbursed for eligible Program costs with ESG-CV2 Funds only if City determines in its sole discretion that: 5.2.1.1 Costs are eligible expenditures in accordance with ESG Regulations and applicable provisions of the CARES Act. 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-CV2 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 in writing, with such approval being in the Director's sole discretion. If Director approves the Agency's proposed Budget amendment (as approved, the "Amended Budget"), then the Amended Budget, any approval by a designee, will ESG-CV2 PSA CONTRACT CARES ACT 2020 Page 4 THE SALVATION ARMY take effect on the first day of the month following the month in which it was approved by Director, unless otherwise specified in the amendment. All requests for Budget amendments must be submitted no later than 90 days prior to the date of the end of the term of this Contract. 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-CV2 Funds to supplement rather than supplant funds otherwise available for the Program. 5.2.4 Pavment of ESG-CV2 Funds to Mencv. ESG-CV2 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 completion of 90% of performance goals, City may hold back a small amount of the ESG-CV2 Funds until the end of the term to ensure the completion of all performance goals. 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-CV2 Funds not spent or not approved for reimbursement to Agency shall remain with City. 5.3 Program Performance Milestones. 5.3.1 Agency represents that the Program will achieve the following milestones in accordance with EXHIBIT "A" — Program Summary and the table below: — Unduplicated Clients as specified in EXHIBIT "A" — Program Month_ Expenditures Summary 5 100% 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 delay or withhold payment of Reimbursement Requests, to lower Agency's allocation of ESG-CV Funds, or to terminate this Contract. 5.3.3 Failure to meet at least 80% of its performance milestones or serve 200 Unduplicated Clients under this Contract may, in City's sole discretion, disqualify Agency for consideration under the future City Requests for Proposals for federal grant funds. ESG-CV2 PSA CONTRACT CARES ACT 2020 Page 5 THE SALVATION ARMY 5.3.4 Amendments to performance milestones regarding ESG-CV2 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 will take effect on the first day of the month following the month in which it was approved by Director, unless otherwise specified in the amendment. All requests for amendments to performance milestones must be submitted by six months prior to the date of the end of the term of this Contract. 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. 5.4 Identifv Program Expenses Paid with ESG-CV2 Funds. Agency will keep accounts and records in such a manner that City may readily identify and account for Program expenses reimbursed with ESG-CV2 Funds. These records shall be made available to City for audit purposes and shall be retained as required hereunder. 5.5 Match. As authorized by the CARES Act, Agency is not required to provide matching funds for ESG-CV2 Funds received under this Contract. 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-CV2 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-CV2 Funds. 6.1.1.1 Coordination of Services. Agency must participate in the local Continuum of Care (CoQ and the local Coordinated Entry System for homeless housing programs, and must enter all CoC-required clientdata into HMIS. 6.1.1.2 Homelessness Status. Agency must verify that all new clients are ESG- CV2 Eligible Clients. Acceptable forms of verification include: i. For emergency shelter (shelter services for homeless including childcare for homeless clients): ESG-CV2 PSA CONTRACT CARES ACT 2020 Page 6 THE SALVATION ARMY 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-CV2 Eligible Client meets the at risk of homelessness definition consistent with 24 CFR Part 576.2 (1-3), 2. Source Documentation that the ESG-CV2 Eligible Client has an annual income at or below 50% of AMI, 3. Evidence documenting that the ESG-CV2 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 or utilities, as applicable, within a reasonable time, 6. Evidence documenting that the ESG-CV2 Eligible Client is not receiving equivalent or same type of assistance from other homelessness 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, and 8. Documentation demonstrating that client financial assistance for rent does not exceed 12 months in duration. iii. For rapid re -housing 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 and 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, ESG-CV2 PSA CONTRACT CARES ACT 2020 Page 7 THE SALVATION ARMY 4. Evidence documenting that the ESG-CV 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, and 6. Documentation demonstrating that client financial assistance for rent does not exceed 12 months in duration. iv. For housing relocation and stabilization services: 1. Documentation that services are provided for ESG-CV2 Eligible Clients as defined in the HEARTH Act, and 2. Documentation that any staff costs and/ or relocation/stabilization services directly benefit the ESG- CV2Eligible 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-CV2 activities and outcomes in accordance with the City's performance standards as described in EXHIBIT "J" - ESG Performance Standards. Upon request, Agency must provide City or the Continuum of Care with reports demonstrating Program outcomes relative to these Performance Standards. 6.1.3 Written Standards for ESG-CV2 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 the 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, as well as any further requirements established by HUD regarding ESG-CV and ESG- CV2 funds upon receiving notification of such updated additional requirements from City, including but not limited to the following: ESG-CV2 PSA CONTRACT CARES ACT 2020 Page 8 THE SALVATION ARMY 7.1 Environmental Review. ESG-CV2 Funds will not be paid, and costs cannot be incurred until City has conducted an environmental review and 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-CV Funds it has already received and forfeit any future payments of ESG-CV2 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, (ii) approval of City's ESG-CV2 CARES Act Substantial Amendment to the 2019-2020 Action Plan, and (iii) receipt by City of grant agreement from HUD. 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. For purposes of this Contract, this 5 year period for monitoring is deemed to begin on the date after the final date of the full eighteen month contract term and the time period of any extensions, and end on the date following five full years plus any extension time period after that date. 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-CV2 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 during the term of the Contract. ESG-CV2 PSA CONTRACT CARES ACT 2020 Page 9 THE SALVATION ARMY 7.4 ALencv 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 2 CFR Part 200.326. 7.4.1 Contracts in excess of $10,000.00 made by Agency using ESG-CV2 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 System for Award Management, www.sam.gov ("SAM"). Agency must confirm by search of SAM that all contractors paid with ESG-CV2 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-CV2 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 2 CFR 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. 7.6.1 Prohibition of Duplication of Benefits Agency agrees to comply with Section 312 of the Stafford Disaster Relief and Emergency Assistance Act which prohibits the duplication of benefits or financial assistance to people or entities affected by a Federally declared emergency. Agency agrees to establish and maintain adequate procedures to prevent any duplications of benefits with ESG-CV2 funds, including any duplication of benefits with City of Fort Worth Program Year 2020-21 ESG Funds or CARES Act ESG-CV funds which Agency may have been awarded. 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 ESG-CV2 PSA CONTRACT CARES ACT 2020 Page 10 THE SALVATION ARMY otherwise, shall apply to any and all contractors, subcontractors and vendors of Agency which are in any way paid with ESG-CV2 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 termination of the Contract. 7.9 Copvright and Patent Rights. No reports, maps, or other documents produced in whole or in part under this Contract shall be the subject of an application for copyright by or on behalf of Agency. HUD and City shall possess all rights to invention or discovery, as well as 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 14.13.2.1 and 14.13.4, 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-CV2 Funds that provides reasonable assurance that Agency is managing the ESG-CV2 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"); ESG-CV2 PSA CONTRACT CARES ACT 2020 Page 11 THE SALVATION ARMY 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 Confidentialitv of Client Information Consistent with the requirements of 24 CFR Part 576.500, Agency shall comply with the City's written standards as described 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: 7.13.1 Personally Identifving Information All records containing personally identifying information (as defined 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-CV2 funds will not be made public, except with written authorization of the person responsible for the operation of the shelter. 7.13.3 Program Participant 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-CV 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-CV2 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 ESG-CV2 PSA CONTRACT CARES ACT 2020 Page 12 THE SALVATION ARMY 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 REOUIREMENTS. AUDIT. 8.1 Record Keening. Agency shall maintain a record -keeping system as part of its performance of this Contract and shall promptly provide City with copies of any document City deems necessary for the effective fulfillment of City's monitoring and evaluation responsibilities. Specifically, Agency will keep or cause to be kept an accurate record of all actions taken and all funds spent, with supporting and back-up documentation. Agency will maintain all records and documentation related to this Contract for 5 years after the Contract term ends. If any claim, litigation, or audit is initiated before the expiration of the 5 year period, the relevant records and documentation must be retained until all such claims, litigation or audits have been resolved. For purposes of this Contract, this 5 year period for record retention is deemed to begin on the date after the final date of the full eighteen month contract term and the time period of any extensions, and end on the date following five full years plus any extension time period after that date. 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, this 5 year period for access to records is deemed to begin on the date after the final date of the full eighteen month contract term and the time period of any extensions, and end on the date following five full years plus any extension time period after that date. 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. ESG-CV2 PSA CONTRACT CARES ACT 2020 Page 13 THE SALVATION ARMY 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 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 Citv 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, this 5 year period for City audit is deemed to begin on the date after the final date of the full eighteen month contract term and the time period of any extensions, and end on the date following five full years plus any extension time period after that date. 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. ESG-CV2 PSA CONTRACT CARES ACT 2020 Page 14 THE SALVATION ARMY 9.1.1 Reimbursement Requests shall be submitted monthly to the City and must be received by the City on or before the 1511 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 15t' 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. If expenditures exceed $20,000 per month, Agency may elect to submit two reimbursement requests per month, with the first reimbursement request being submitted on the 15''' of the month covering expenses paid from the 161h through the end of the preceding month, and the second reimbursement request being submitted on the 30'h of the month covering expenses paid in the first 15 days of the month. Agency must advise City in writing no later than 15 days in advance, of their intent to submit two reimbursement requests for any month during the Contract term. 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. 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 — Invoice. This report shall contain the amount requested for reimbursement each month or partial month, the cumulative reimbursement requested to date (inclusive of that month's or partial month's request). 9.2.1.1 Agency must submit a separate invoice for each ESG-CV2-eligible activity type funded through this Contract, i.e. Shelter Operations, Homeless Prevention, Rapid Rehousing, Unsheltered Outreach, and HMIS. 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-CV2-funded time and non-ESG-CV2 funded time and reflect actual time spent on ESG-CV2-funded activities. Agency may not submit payroll expenses dated 60 calendar days prior to the date of the Reimbursement Request unless approved in writing in advance by ESG-CV2 PSA CONTRACT CARES ACT 2020 Page 15 THE SALVATION ARMY City as authorized under the CARES Act. 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 unless approved in writing in advance by City as authorized under the CARES Act. 9.2.2.3 Proof that each expense was paid by Agency, which proof can be satisfied by canceled 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. If Agency, receives funds from the United States Department of Justice or the Victims of Crime Act, then Agency is prohibited from submitting the Client Data Report to the City. However, Agency must complete all required forms under this Section 9.2.3 and maintain applicable demographic information in client files in accordance with Section 8. 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 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 required software system approved by City or in other manner required by City by the deadline(s) in Section 9.1.1. 9.2.5 Match Report. As authorized by the CARES Act, Agency is not required to provide matching funds or report on matching funds for ESG-CV2 Funds received under this Contract. 9.2.6 ESG-CV2 Ouarterlv HMIS Report. Agency shall submit the ESG-CV2 Quarterly HMIS Report throughout the Contract period, attached hereto as EXHIBIT "K" — Quarterly Report, with each December, March, June and September Reimbursement Request submitted on the 15t' day of each following month, to document Agency's participation in the local Continuum of Care's HMIS. 9.3 Withholding Pavment. ESG-CV2 PSA CONTRACT CARES ACT 2020 Page 16 THE SALVATION ARMY Failure to timely submit accurate and complete Reimbursement Requests and 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 may, at the City's sole discretion, 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 may, at the City's sole discretion, forfeit payment due that month and the failure to submit may, at the City's sole discretion, be considered an event of default that shall not be cured. 10.1.3 In the event of (i) an uncured default under Section 10.1.1 or an event of default under 10.1.2 (ii) or 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. 10.1.4 Notwithstanding anything to the contrary herein, City will not be required to pay any ESG-CV2 Funds to Agency during the period that any Reimbursement Request, report or documentation is past due or is not in compliance with this Contract or the ESG Regulations, or during any period during which Agency is in default of this Contract. 10.1.5 In the event of termination under this Section 10.1, all ESG-CV2 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 records maintained or reports submitted 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-CV2 Funds awarded but unpaid to Agency pursuant to this Contract shall be immediately forfeited and Agency ESG-CV2 PSA CONTRACT CARES ACT 2020 Page 17 THE SALVATION ARMY shall have no further right to such funds, and any ESG-CV2 Funds paid to Agency must be repaid to City within 30 days of termination. If such ESG-CV2 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. 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 ESG-CV2 Funds that have not yet been expended from affected activities to other eligible activities or withhold ESG-CV2 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-CV2 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-CV2 Funds already paid to Agency must be repaid to City within 30 days of the termination. Failure to repay such ESG-CV 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 ESG-CV2 Funds will be paid to Agency until all defaults are cured to City's satisfaction. ESG-CV2 PSA CONTRACT CARES ACT 2020 Page 18 THE SALVATION ARMY 10.5 No Compensation After Date of Termination. Agency shall not receive any compensation for work undertaken after the date of the termination. 10.6 Rights of Citv Not Affected. Termination shall not affect or terminate any of the 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 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-CV2 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- CV2 Funds already paid to Agency must be repaid to City within 30 days of termination. Failure to repay such ESG-CV2 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 or ESG-CV 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-CV2 Funds substantially in accordance with this Contract. 10.10 Termination for Convenience. In terminating in accordance with 2 CFR Part 200, Appendix 11, 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 ESG-CV2 PSA CONTRACT CARES ACT 2020 Page 19 THE SALVATION ARMY 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 A2encv 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-CV2 Funds are subject to repayment and/or City may exercise all of its remedies under this Contract. 10.12 Reversion of Assets. In the event this Contract is terminated with or without cause, all assets acquired by Agency with the ESG-CV2 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-CV2 Funds, and any real or personal property owned by Agency that was improved with the ESG-CV2 Funds shall automatically transfer to City or to such assignee as City may designate. 11. REPAYMENT OF ESG FUNDS. All ESG-CV2 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-CV2 Funds to HUD, Agency agrees it will reimburse City for such repayment. 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-CV2 Funds is required of City, Agency agrees City may require that 10% of the ESG-CV2 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-CV2 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-CV2 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-CV2 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-CV2 Funds already paid to Agency must be repaid to City within 30 calendar days of termination under this Section. 13. SURVIVAL. ESG-CV2 PSA CONTRACT CARES ACT 2020 Page 20 THE SALVATION ARMY Any provision of this Contract that pertains to auditing, monitoring, client income eligibility, record keeping and reports, City ordinances, or applicable ESG requirements, and any default and enforcement provisions necessary to enforce such provisions, shall survive the termination of this Contract for 5 years after the Contract term ends and shall be enforceable by City against Agency. For purposes of this Contract, this 5 year period for City audit is deemed to begin on the date after the final date of the full eighteen month contract term and end on the date five full years after that date regardless of whether or not this Contract is earlier terminated. 14. GENERAL PROVISIONS 14.1 Agency an Independent Contractor. Agency shall operate hereunder as an independent contractor and not as an officer, agent, servant or employee of City. Agency shall have exclusive control of, and the exclusive right to control, the details of the work and services performed hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, members, agents, servants, employees, contractors, subcontractors, vendors, clients, licensees or invitees. 14.2 Doctrine of Resvondeat 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 Mencv 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-CV2 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-CV2-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 use ESG-CV2 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. ESG-CV2 PSA CONTRACT CARES ACT 2020 Page 21 THE SALVATION ARMY 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-CV2 Funds and participation must be voluntary for clients of a ESG-CV2-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-CV2-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-CV2-funded program or activity. In addition, if a client or prospective client of a ESG- CV2-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 Tarrant County, Texas 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 Severabilitv. The provisions of this Contract are severable, and if for any reason a clause, sentence, paragraph or other part of this Contract shall be determined to be invalid by a court or federal or state agency, board or commission having jurisdiction over the subject matter thereof, such invalidity shall not affect other provisions which can be given effect without the invalid provision. 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 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 ESG-CV2 PSA CONTRACT CARES ACT 2020 Page 22 THE SALVATION ARMY 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 ➢ Coronavirus Aid, Relief, and Economic Security Act of 2020 ➢ SubtitleB 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 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 ESG-CV2 PSA CONTRACT CARES ACT 2020 Page 23 THE SALVATION ARMY ➢ 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 HUD meted Pr-oie�,�dEmployme and —other- Eeonomie offl)fftUni iesl Seetion 3 Requirements. 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 5 as modified by 24 CFR Part 576.57(a) 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 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 Emplovment 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 namel 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 ESG-CV2 PSA CONTRACT CARES ACT 2020 Page 24 THE SALVATION ARMY 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 Mencv's Contractors and the ADA. In accordance with the provisions of the Americans With Disabilities Act of 1990 ("ADA"), Agency warrants that it and any of its contractors will not unlawfully discriminate on the basis of disability in the provision of services to the general public, nor in the availability, terms and/or conditions of employment for applicants for employment with, or employees of, Agency or any of its contractors. AGENCY WARRANTS IT WILL FULLY COMPLY WITH 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. ESG-CV2 PSA CONTRACT CARES ACT 2020 Page 25 THE SALVATION ARMY 14. l 4. 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 Prohibition 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-CV2 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-CV2 services, may obtain a financial interest or benefit from a ESG-CV2-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-CV2 Funds and shall disclose in writing potential conflicts of interest to City as authorized by 2 CFR Part 200.112. 14.14.2.2 Agency shall comply with HUD requirements regarding organizational conflicts of interest in provision of shelter, housing, prevention and related services as more particularly described in 24 CFR Part 576.404. 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 those Sections, 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 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. ESG-CV2 PSA CONTRACT CARES ACT 2020 Page 26 THE SALVATION ARMY 14.14.3.3 Notwithstanding the prohibition contained in Section 14.13.3.2, 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. 14.15 Subcontracting with Small and Minoritv 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 ESG-CV2 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-CV2 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 ESG-CV2 PSA CONTRACT CARES ACT 2020 Page 27 THE SALVATION ARMY 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, 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-CV2 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-CV2-funded Program prior to any charges being incurred. 14.19 Force Maieure If Agency becomes unable, either in whole or part, to fulfill its obligations under this Contract due to acts of God, strikes, lockouts, or other industrial disturbances, acts of public enemies, wars, blockades, insurrections, riots, epidemics, earthquakes, fires, floods, restraints or prohibitions by any court, board, department, commission or agency of the United States or of any States, civil disturbances, or explosions, or some other reason beyond Agency's control (collectively, "Force Majeure Event"), the obligations so affected by such Force Majeure Event will be suspended only during the continuance of such event. Agency will give City written notice of the existence, extent and nature of the Force Majeure Event as soon as reasonably possible after the occurrence of the event. Failure to give notice will result in the continuance of Agency's obligation regardless of the extent of any existing Force Majeure Event. Agency will use commercially reasonable efforts to remedy its inability to perform as soon as possible. 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 ESG-CV2 PSA CONTRACT CARES ACT 2020 Page 28 THE SALVATION ARMY 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 HIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE OR NONPERFORMANCE OF THIS CONTRACT AND/OR THE OPERATIONS, ACTIVITIES AND SERVICES OF THE PROGRAM DESCRIBED HEREIN, WHETHER OR NOT CAUSED IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS OF CITY; AND AGENCY HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY OF CITY AND ITS OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES FOR ANY AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER HINDS OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE OR NONPERFORMANCE OF THIS CONTRACT AND/OR THE OPERATIONS, ACTIVITIES AND SERVICES OF THE PROGRAM DESCRIBED HEREIN, WHETHER OR NOT CAUSED IN WHOLE OR IN PART BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS OF CITY. AGENCY LIKEWISE COVENANTS AND AGREES TO AND DOES HEREBY INDEMNIFY AND HOLD HARMLESS CITY FROM AND AGAINST ANY AND ALL INJURY, DAMAGE OR DESTRUCTION OF PROPERTY OF CITY, ARISING OUT OF OR IN CONNECTION WITH ALL ACTS OR OMISSIONS OF AGENCY, ITS OFFICERS, MEMBERS, AGENTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, 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. ESG-CV2 PSA CONTRACT CARES ACT 2020 Page 29 THE SALVATION ARMY 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 $267,003.29 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-CV2 Funds occasioned by such misconduct. To effectuate such reimbursement, such fidelity coverage shall include a rider stating that reimbursement for any loss or losses shall name the City as a Loss Payee. Agency shall furnish to City in a timely manner, but not later than the Date of Execution, 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 Date of Execution of the Contract , 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 Liabilitv (CGL) Insurance $ 500,000 each occurrence $1,000,000 aggregate limit Non -Profit Organization Liability or Directors & Officers Liabilitv $1,000,000 Each Occurrence $1,000,000 Annual Aggregate Limit Business Automobile Liability Insurance ESG-CV2 PSA CONTRACT CARES ACT 2020 Page 30 THE SALVATION ARMY $1,000,000 each accident on a combined single -limit basis, or $ 250,000 Property Damage $ 500,000 Bodily Injury per person per occurrence $2,000,000 Aggregate Insurance policy shall be endorsed to cover "Any Auto", defined as autos owned, hired, and non -owned. Pending availability of the above coverage and at the discretion of City, the policy shall be the primary responding insurance policy versus a personal auto insurance policy if or when in the course of Agency's business as contracted herein. Workers' Compensation Insurance Part A: Statutory Limits Part B: Employer's Liability $100,000 each accident $100,000 disease -each employee $500,000 disease -policy limit Note: Such insurance shall cover employees performing work on any and all projects including but not limited to construction, demolition, and rehabilitation. Agency or its contractors shall maintain coverages, if applicable. In the event the respective contractors do not maintain coverage, Agency shall maintain the coverage on such contractor, if applicable, for each applicable contract. Additional Requirements Such insurance amounts shall be revised upward at City's reasonable option and no more frequently than once every 12 months, and Agency shall revise such amounts within 30 days following notice to Contractor of such requirements. 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. ESG-CV2 PSA CONTRACT CARES ACT 2020 Page 31 THE SALVATION ARMY 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: 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. ESG-CV2 PSA CONTRACT CARES ACT 2020 Page 32 THE SALVATION ARMY 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: 817-3 92-7600 Copy to: Neighborhood Services Department 200 Texas Street Fort Worth, TX 76102 Attention: Victor Turner, Director Telephone: 817-392-7540 Copy to: Neighborhood Services Department 200 Texas Street Fort Worth, TX 76102 Attention: Charletta Moaning Telephone: 817-392- 7333 Agency: The Salvation Army Contact: Art Penhale 1855 East Lancaster Avenue Fort Worth, Texas 76103 Telephone: 817-344-1831 ESG-CV2 PSA CONTRACT CARES ACT 2020 Page 33 THE SALVATION ARMY 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 should program income as defined by HUD be earned as a result of this contract, including through the return of rental security deposits or utility deposits paid with ESG- CV2 funds on behalf of clients, Agency shall keep separate financial records of the receipt and expenditure of such program income, and shall use all such program income for ESG-eligible expenses. As authorized by 24 CFR 576.200(f), expenditures of ESG-CV2 Program Income are eligible as match for ESG funds received under future contracts. [SIGNATURES APPEAR ON NEXT PAGE] ESG-CV2 PSA CONTRACT CARES ACT 2020 Page 34 THE SALVATION ARMY aoq� ATTEST: o�o %O9d0 G5-00 OVg o °=4 Jannette S. Goodall, City Secretary M&C: 23-0596 1295 Certification No. 2023-1030887 Date: CITY OF FORT WORTH Lo APPROVED AS TO FORM AND LEGALITY: i Jessika Williams, Assistant City Attorney APPROVED BY: Victor Turner Director, Neighborhood Services Department Fernando Costa, Assistant City Manager Date: Aug 15, 2023 CONTRACT COMPLIANCE: 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 Charletta Moaning Senior Contract Compliance Specialist THE SALVATION ARMY ,A�t-�enl�e By: Art Penhale (Aug 15, 20231311 CDT) Art Penhale, Texas Divisional Commander OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX ESG-CV2 PSA CONTRACT CARES ACT 2020 Page 35 THE SALVATION ARMY EXHIBITS: EXHIBIT "A" — Program Summary EXHIBIT "A-1" — 2023 HUD Income Limits EXHIBIT "B" — Budget EXHIBIT "C" — Audit Certification Form EXHIBIT "D" — Reimbursement Forms EXHIBIT "E" — Form of Income Self -Certification (NOT APPLICABLE) EXHIBIT "F" — Standards for Complete Documentation EXHIBIT "G" — Section 3 Reporting Forms (NOT APPLICABLE) EXHIBIT "H" — Match Report (NOT APPLICABLE) 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 (NOT APPLICABLE) EXHIBIT "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-CV2 PSA CONTRACT CARES ACT 2020 Page 36 THE SALVATION ARMY The Salvation Army Emergency Shelter Operations EXHIBIT "A" PROGRAM SUMMARY PROGRAM SUMMARY (ESG-CV2) May 1, 2023 to September 30, 2023 PERIOD $267,003.29 AMOUNT Capitalized terms not defined herein shall have meanings assigned them in the Contract. PROGRAM: The Salvation Army will provide overflow non -congregate shelter to at least 200 homeless families from May 1, 2023 to September 30, 2023. ESG Funds will be used to pay for motel expenses related to providing non -congregate emergency shelter to homeless families. Agency's office is located at 1855 E. Lancaster, Fort Worth, TX 76103. Services will be available 24 hours a day, 7 days a week. Address where Program services are provided: Motel 6 2425 Scott Avenue Fort Worth TX 76103 REGULATORY CLASSIFICATION: Service Category (if more than one category, specify amount for each): ESG Emergency Shelter Component: Regulatory Citation: 24 CFR 576.102 ESG-CV2 PSA CONTRACT CARES ACT 2020 Page 37 THE SALVATION ARMY (MABEE SOCIAL SERVICES CENTER) EXHIBIT "A -I" 2023 HUD INCOME LIMITS 1 person 2 persons 3 persons 4 persons 5 persons 6 persons 7 persons 8 persons 30% AM $20,100 $23,000 $25,850 $30,000 $35,140 $40,280 $45,420 $50,560 50% AM $33,500 $38,300 $43,100 $47,850 $51,700 $55,550 $59,350 $63,200 80% AM $53,600 $61,250 $68,900 $76,550 $82,700 $88,800 $94,950 $101,050 *Income limits are published at least annually by HUD. ESG-CV2 PSA CONTRACT CARES ACT 2020 Page 38 THE SALVATION ARMY (MABEE SOCIAL SERVICES CENTER) Salaries FICA Life/Disability Insurance Health/Dental Insurance Unemployment -State Worker's Compensation Office Supplies office rent Insurance transportation Contract Labor Security (City needs copy of contract before expenses can be reimbursed) Other () SHELTER OPERATIONS Maintenance Security Insurance Utilities Supplies Repairs Other (monthly rental costs) Other: (Program supplies and admin): Food; pent rental/non-cap; indirect SUBTOTAL EMERGENCY SHELTER EXHIBIT "B" - BUDGET 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 2001 2002 2003 2004 2005 2006 2007 $267,003.29 HOUSING RELOCATION AND STABILIZATION PREVENTION Salaries 3001 FICA 3002 Life/Disability Insurance 3003 Health/Dental Insurance 3004 Unemployment -State 3005 ESG-CV2 PSA CONTRACT CARES ACT 2020 THE SALVATION ARMY (MABEE SOCIAL SERVICES CENTER) Page 39 Worker's Compensation 3006 Other() 3007 REHOUSING Salaries 4001 FICA 4002 Life/Disability Insurance 4003 Health/Dental Insurance 4004 Unemployment -State 4005 Worker's Compensation 4006 HRA 4007 Retirement 4008 Parking 4009 Mileage 4010 Rental Assistance/Security Deposits Utility Deposits/Payments Other: (Program supplies and admin): Food; pent rental/non-cap; indirect Other (Fringe Benefits): Parking, employee prescreening, HRA, worker's compensation 4011 SUBTOTAL HR&S FINANCIAL ASSISTANCE PREVENTION Rental Assistance 5001 Utility Payments 5002 REHOUSING Rental Assistance 6001 Security Deposits 6002 Utility Deposits 6003 Utility Payments 6004 Moving Costs 6005 Motel/Hotel Vouchers 6006 SUBTOTAL FINANCIAL $ $ $ $ ASSISTANCE - - - - HOMELESS MANAGEMENT INFORMATION SYSTEM (HMIS HMIS Software Costs 7001 SUBTOTAL HMIS ESG-CV2 PSA CONTRACT CARES ACT 2020 Page 40 THE SALVATION ARMY (MABEE SOCIAL SERVICES CENTER) $ $ BUDGET TOTAL $ 267,003.29 -$ -$ - 267,003.29 FUNDING A: FUNDING B: FUNDING C: ESG-CV2 PSA CONTRACT CARES ACT 2020 Page 41 THE SALVATION ARMY (MABEE SOCIAL SERVICES CENTER) Position Title Journey Home Advocate Journey Home Advocate Facility Caretaker Program Manager - Men's Shelter Program Manager - Women's Shelter Director Of Shelter Services SALARY DETAIL Annual Salary TOTAL $ - FRINGE DETAIL Percent of Payroll Amount FICA Life/Disability Insurance Health/Dental Insurance Unemployment -State Worker's Compensation HRA Retirement Parking Mileage Other TOTAL Office Supplies Food Supplies TOTAL Est. Percent to Grant Est. Percent to Grant SUPPLIES AND SERVICES Est. Percent to Total Budget Grant MISCELLANEOUS Total Budget Insurance ESG-CV2 PSA CONTRACT CARES ACT 2020 THE SALVATION ARMY (MABEE SOCIAL SERVICES CENTER) Est. Percent to Grant Amount to Grant Amount to Grant Amount to Grant Amount to Grant Page 42 Accounting Contract Labor (Security) Other() TOTAL Maintenance Security Insurance Utilities Supplies (includes linens) Meals Motel/Hotel Vouchers Other(Admin - 9%) I TOTAL Rental Assistance Security Deposits Utility Payments Utility Deposits Moving Costs Motel/Hotel Vouchers TOTAL HMIS Software Costs TOTAL SHELTER OPERATIONS Est. Percent to Total Budget Grant $267,003.29 100% Amount to Grant $267,003.29 267,003.29 FINANCIAL ASSISTANCE Est. Percent to Amount to Total Budget Grant Grant HMIS Total Budget ESG-CV2 PSA CONTRACT CARES ACT 2020 THE SALVATION ARMY (MABEE SOCIAL SERVICES CENTER) Est. Percent to Grant Amount to Grant 267,003.29 Page 43 EXHIBIT "C" AUDIT CERTIFICATION FORM AUDIT CERTIFICATION FORM AND AUDIT REQUIREMENTS Agency: The Salvation Army, A Georgia Corporation (MAh Social Ser,, ices Center) Fiscal Year Ending: September 30, 2023 During the fiscal year in which funds ovill be recel ed, we will exceed the federal expenditure threshold of$750,000_ We % gill have our Single Audit or Program Specific Audit completed and will submit the audit report described in 2 CFR Part 200 ivithin 7 months after the end of the audited fiscal year or 30 days within- its completion, whichever is the earlier date. During the fiscal year in which funds Will be received, we will not exceed the $750,000 federal expenditure threshold required for a Single Audit or a Program Specific Audit to be performed this fiscal year. (Fill out schedule belmv) Federal Expenditure Disclosure Pass Through Program Name & Contract Federal Grantor Grantor CFDA Number Number Expenditures Total Federal Expenditures for this Fiscal Year: Director of Adult and Family Sen-ices 7:7;`23 Signatory and Title Date Failure to submit this or a similar statement or failure to submit a completed single audit package as described in the federally required audit requirements deEcribed 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. Not,a-ithstanding the above, this certification acknowledges the agency's commitment to meet all other financial reporting, financial statements, and other audit requirements as may he set forth in the Contract. ESG-CV2 PSA CONTRACT CARES ACT 2020 Page 44 THE SALVATION ARMY (MABEE SOCIAL SERVICES CENTER) EXHIBIT "D" REIMBURSEMENT FORMS Attachment I INVOICE Agency: The Salvation Army Address: City, State, Zip: Program: Emergency Shelter Period of Service: Tax ID No. P.O. No. FID No. Amount Program This Invoice Cumulative to Date ESG-CV Emerizencv Shelter ESG-CV2 PSA CONTRACT CARES ACT 2020 Page 45 THE SALVATION ARMY (MABEE SOCIAL SERVICES CENTER) Ci" .F F.rt Y.rtL N.i.LL.rL..J S... i.— D...rti..t E....Jit.r. Y.rkrL..t Aapncr: TL. S.I..t:.. Ariz. A G.... i. 0...... ti.. Pr.aram: Ei.r...cz SL.It.r O.Ix Liw Lliw Lt.J..J—... L. r.iiL. Pl..r.—lik....... t Acc unt Linp Cods [Soo ED.crio-ti.nlJ.b E.W.—Li...t.i N.. Chock N.. Oato Pardo Titlo' ICor to Amount cc... 1 ENERSENCT SHELTER 12 ESSENTIAL SERVICES I 3 Sal.ripr 1001 I 4 FICA 1002 I S Lifp16'vabilitr lr.rurancp 1003 I Hoalthldontall rurancp 1004 I 7 Unomo-l.Ymont-Statp loos I 8 W.rkor'r O.mo-oruati.n 1006 I 9 Offico Suo-o-liu 1007 I 10 Food Suo-o-lior 1008 I 11 I rurancp 1009 I 12 Acc.untina 1010 I 13 Contract Labor 1011 I 14 Othprf7 1012 I 15 SHELTER OPERATIONS I 16 Maint...nco 2001 I 17 Socuritr 2002 I 18 Inrur.nc. 20o3 I 19 Utilit;" 2004 120 Su .Ii" 2005 I 21 Rollin 2006 122 I 0th— 2007 I 23 I HOUSING RELOCATION AND STAR. I 24 PREVENTION I 25 Salarior 3001 I 26 FICA 3002 I 27 Lifo16 abilitrl ruranco 3003 128 Ho.lthl6ontallnruranco 3004 I 29 Uncmploxmcnk-Statc 3005 I 30 W.rk."x C.mo-or ati.n 3006 I 31 Oth-0 3007 I 32 REHOUSING I 33 Salarior 4001 I 34 FICA 4002 I 35 Lifotbir.bilitrlr.rurancp 4003 I 36 Hoalthl6ontallr.ruranco 4004 I 37 Uncmploxmcnk-Statc 4005 I 38 W.rk."x C.mponrati.n 4006 139 HRA 4007 I 40 Rotiromont 4008 I 41 Parkins 4009 I 42 mil.. ao 4010 143 Othor 4011 I 44 I FINANCIAL ASSISTANCE I I 45 PREVENTION I 46 Rontal Arrirt.nco 1 500ot I 47 Utilitr P.rmontr I So I 48 REHOUSING I 49 Rontal Arrirtanco 6001 I 50 Socurikr Ooo-.ritr 60o2 I Si Utilitr 600-.ritr 6003 I tility U.in 004SS23 I1 6005M.aC M.t eH. 06 054 I SS I HNIS I I 56 HMIS S.ft.—C-tx 7001 157 158 159 160 I T.tyl 10.00 'Far Salari—rtato ompl.Y—r titlo undor Gorcrioi.nlJ.b Titlo. Ront mart Wd ntifr tonant ESG-CV2 PSA CONTRACT CARES ACT 2020 Page 46 THE SALVATION ARMY (MABEE SOCIAL SERVICES CENTER) EXHIBIT "E" INCOME CERTIFICATION FORMS NOT APPLICABLE ESG-CV2 PSA CONTRACT CARES ACT 2020 Page 47 THE SALVATION ARMY (MABEE SOCIAL SERVICES CENTER) EXHIBIT "F" STANDARDS OF DOCUMENTATION ESG-CV2 PSA CONTRACT CARES ACT 2020 Page 48 THE SALVATION ARMY (MABEE SOCIAL SERVICES CENTER) Bv:rmWb6 -CW7mr0oWFntImhvm a pt bn-.arb orany arr.p.oyae4 Lalmyanc. benanb& who work dinctly wilh lhr E113-rund" Program. ParDbnlagvG WE be mmdaillbomdod AM diffhormilmd PFI*Fihl ikPA 63lDMIllon OF111ho E 2; 3 Co ntoct. Aga nalae rbq uacling the relmitumbrnDni or IGD% or any Agency 0rhpI0Y*b Will MqU " pFlOr ClItirapprNMIL. A00MOM mumimhow mmilomilvilom mm bolow EBG Wtian, of ampiloyou mriarlas and bvnwntG were "IoulabFd earbMigantly with tho E&G CmtraoL - - ------------------------- ------------------- ------ ------------- If ar tr-P cjeewcrP oq bC7. 3 E3G ti 9 L, e 3qu roq- c lj'Dlt prDjraqi- ::. tt-e M wl- cr y 'r- our:.e 1�3r a reawnzkblc portlDn of trt 11 2 2 lxr 3�2 1 :--c eqcjw I Fr of ae the C 4w tP a aritten statement on how ea: : .. : -- - :3,t: ' 2- A:-,: ::-- V tt-er L-e dr_-:Lf wt-. Hit E3G'jqoed Pn?7am,then 100% of the _rPc1jCC , �aa.'y ma� Et t :, 't -,: rnj:: rAjornitawritter. sLaten-tqUW 100% cetheemplayerel time b sper: AcrKr2 ol� tlywflil, -.-: Stalc­ents must be signed bya iltmor 3u"r3lzecl bmign c behararthe fter.p and all be submittJ A tI­ -.t 0-_i3ner 9i3.ce. Reknbulament requeris must Include a limesheell end work log Ira:M'tCts Ire113UM wort--d tf ereErnpioyee(si working direM oa -------- tile ESGruncled Program. =w employees who are paid with n, j t ..,cts, tlme.. -.etls Jot reflect all funding saumem. r separate. tknesheets; are kepi for each 'unding source, all such U- e -r :1 _- t sLibmlbo_-] It L Timesheeft must be %Ln5d by employee end wpervisar. Agency must show a calculotlan and MCL enLy. or V how the emplof"'s Wiry was calcularted and knvakd bCty. 'If employees ore paid bf direct deposli rather than check, then the agency nusl sub-m t bath the direct deposli paymerd campm" report isuch w an A67 rnorl: and a bank slatementoccheck showlri2 paymeni to the direct ............... ------------------ EGM01MMIL. �- I - U*3&9W&ff9k.F _. jjff�,,Jr ------------------------------------------------------ :2,: -::: :2ate. 7- 5'e21: :a:: :-.e emploW portim, tlrt Agency must provide proW that Em e -, D D,--- : _-vec r -.n- t--- D.ar;.. -, j.; .ncA a ca •a-: ce how the Invifted amount was calcularleA and nrrus: pm.oe - . . showkng, paWnernt. lkwc,ce ar J prDD' :' D3yrnenl one mtr inquired wM the first relmicursern ent request and ;et my thw th&ve me chLmges b mffKmmb6 disenmi -, trt:, efc- ------------------------------------------------------------------------------------------------------------------- --------- -ty oays goss salary. - is Is ody included. tr the C" plays ere empkW pDrUarn-the Agency meet pTimikir prDD'tllzpt U)c ----------------------------ftai-------------------------------------------------------------------------------- e e: t! - -qI Dian. - u , I shcw a calri atop and ce hcw the Inyciced a - 3Ln. was calci sled, and ----------- ---------- - ...rr?..-t:tp_9stn I - criN. ex __L — --------- --�;4mindlr-- H ffbKMG, EqulmoA, 3oodG and fluppoc - CRV will only nrnbuno for the 4oct alloDatbd ponont w "Mcr4pond In 41on ortho E*0ed Po0am- Agonollv4 mqueGting rbim burGbmbnl ror th�v 11�% will roquilm prior Cliy approval. Aga Was mutt Gnaw oalloullwhan m haw 111ho EV3 poF'bm ar lh*Go expo nmrs word as iDu WWd mmictenfly with tho F 2:43 f-'airibrawt- -..r ---------------------------------------------------------------------------------------------------------------- u Doi x On: rm� r ent: X: der .:-- vr. x WE -I,-- , ­ - : -- -------------------------------------------------------------------- X! !�s 'X! :X. :This cabegwy Is mlyawribbitilorlhe REACH Pmogrom adrd HaibHatf�Hivmar ---- ----------------------------------------------------------------- X11 x :X: xxi A X �hlsCatrgofylN Dn-y zia 4be13 the Program prodded by Meals 2n'-iphee s.: --------- — ---- -- ---- - - -- --- - ---- --- - --- -The--- - - -- --- -- - -- -- -- - --- -- ---- . Ronk Ulliltlas and lliiallrrtvnan� - Cft WE - ON - F P47 - Ira - F tkltiara- R - poff - m - 01 - - w�xp_m__-p-DF-h-m- af &� pa n mr � w I I I ift�- be - dhp - bm ll%d- d - hV - t - no - cqu - am Rmft - g tht E V34undod Program and f4halli bo tod-milDtirball In iil*Kwdanla willih it* amamnitof qmD* umodl IbF tht E50-N rkdod Proginmin. Th*Gf ramirmo-& may only lit In -&u pport or the E6434undod Program. Tho Ifam& Ilistod bollow Faquin prkx Cft approwA and the. AqmDT k Faquirad to Idorglilly any funding saumDo that pays rw the portion of tho wxpernsaet1mrilis not paid with EV3 Twills, AgnaMm mod chow Doftulimillom an how the E410 portion DIF lhtcv oxlpomowore valoulalool vonsi&1ontlir wilth tilm E*G Cantraot --E ----------- i OV -------------------------------------------------------------- ------------ - - --- ------ ------ -- -- - ------- -- - --- -- -- ------- ------ - - --- -- ---- - ---- --- %- ; X X ;--: : ;This fern requk� approval by Uw City Prior b the ete c u Up n clith e E 80 Contragt. Repaks m2 W b e cat! goF tmd as m 24oFfm lno Wr - R IrehoN - Martian PrWeth - a - rid - must - be - a - p - pru - ved - through- t - Ir - ell - U - I HIU - D - E - kh - t - wm - e - tol - Revevkw_- --------------------------------- ... ... Renrt: x x Cfly mill poy 1k3F a pDrtkm Bra e rerftfbF tlr PFoUmm facil" m Icing eats In Iprqportk3n to 11he 2clume Toblage afiribubble to Me ERG- ------ nx W Ed Program. - EM- --- ----- ------- ------ --- �_ ---IT --- --- ON --- --- : -------------------------------------------------------------- ESG-CV2 PSA CONTRACT CARES ACT 2020 Page 49 THE SALVATION ARMY (MABEE SOCIAL SERVICES CENTER) Thl: t{- IeaL'^!: DIN aoPr3s a oy `.he G'ti. Prior to the evacl,t on oTlhe E3fi 4ontrack the Agency must submH a nrltlen ita7{mer' ; _G_arrtacl _�_,__;tt=: .. _.___: aGo-r:{rvcr.:a o-e red]Lrr]ihe,...-�ti tem. Agency )MI suhnta memo relahldko thep'ccLremeqtc'ix7' Laore ][�� ''. h 'ser :-: =-: ':"n==n; rb'rr a113�Pcrht r'r�co- m{=-: =_'e'-eel Praresat Glty. Tha req�remeri appllr.� Gunlsgct Imllno . 'c _______________ {r _. •!:3 _y: l" l'{ei, epa 7 3�:: "'•� -� """'aers, etlucatlonel faclltahxs, cusfitllal ser:lo-es, etc. Gltf K' on.; pa #'a pemenhlge orthe C*-mWno n;L 3':1 :c crq as :. crpooNlon ht the square X•a4ge a ilbutahle to the �YrlgMAd!•..' ]€' EEC�Lunied p29a.rn. cit;mquhes then the agency suo-^"'.:'-___ __.. __ .:"- -.. a:-:' _:" ::are scholnnNp. amoWrIt The ;fee mheduleffl r Ja: ul]oe"'_�. 2:t2_ __ _... :." ..._ 3+'_ __. "._ _ _ _• in sc xdule shmAd demanstrah= chkir e'___]€'7L: �ahioh Pardon ar the -f':••:-:.. _!__'5 2"3 n":-::-: _t .".. _.. _.t a.mbwi d tq' the My. A ree -'3 c:". _ _ .. _ :3, "'e" -. .. ... :]ccumenon hrisl.pperltg that the clkrn ' Is t _ :. _.. .-:�uscho- 3 : _. '_ _ _: T'.amare r.. _ .... _.., _ Ree dte'schedLieEurnule chanflcs of ; ate ar_' _�. __. __ ._ ", the Aq!" ... ']3:e 1 noWf . _ 3+e' _ ' h schetlultMmula hares kib Ltrt eR -----------' —----------------------------------------------------------------------------------------------------------------' Agecles thataM nequred t v1lde remy and pprucfaf hmmholtl knoome t ddlnrnlre NlMIHX, must milulm lief anyone who Is Ce911 ii Mao, ai 18,Ilrlg tithe household, ssADmtt a JO kimmc Certllrahon. ------------------------------------------------------- ' tt ad audtt is lequked because lderal Mds esoeed}75Dxw'them the coat shouw hesptlt evenly by al pen[ iundlW senates. Ages14'' AWtBerrkes' ][' X' ;moan slrosr calculetlon an her the E80 portlon ofthr arasrrttp seMces wire calculaletl. Far rrampk, Ifthr E8G3 grant is 111%d _______________ _ :K+ roarAgellcyN budWkthm Yrralrt sMirooteaoeed 707k of the:oxsell co-sl.Aaer:f rrW showa colWatim antl dmumeraullon o' her the Yrrdced amount am celcdated, and must prartle don errtatlor slaw ng pa}-lent _____________________________________________________________________________________________________ �•Psaot of Pefraeat s1hm11r+Dstohir t,=11: 'r'LSt trt lccumeohel ln[he IoWwUU _________________ '-------------------------------------- 'A. , _ _ _ _ _ .,_ 73� _ _x;oed-ll�uliirip ffi2 check-2feeled the bank; OR, ; B' ._. , �! _ :3`: - ! _ . .. _ •.: mtl Ce hank shrtemmik 4R Gl Pay- = . _... .. . _ _ .._.t^' !r m I AND Bank 8hth=ent htlioatYyrd y pal; OR, +-_:•__:'-.i=-•l:: :'::a,t- tntmmp A-endor OR hank shttenmt ' Ar --a�rn - ESG-CV2 PSA CONTRACT CARES ACT 2020 Page 50 THE SALVATION ARMY (MABEE SOCIAL SERVICES CENTER) EXHIBIT "G" SECTION 3 REPORTING FORMS NOT APPLICABLE ESG-CV2 PSA CONTRACT CARES ACT 2020 Page 51 THE SALVATION ARMY (MABEE SOCIAL SERVICES CENTER) EXHIBIT "H" MATCH REPORT NOT APPLICABLE ESG-CV2 PSA CONTRACT CARES ACT 2020 Page 52 THE SALVATION ARMY (MABEE SOCIAL SERVICES CENTER) EXHIBIT "I" ESG STAFF CERTIFICATION FORM ESG-CV2 PSA CONTRACT CARES ACT 2020 Page 53 THE SALVATION ARMY (MABEE SOCIAL SERVICES CENTER) 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: Names of Other Household Members: Household Income is less than 30% AMI? Yes ❑ Client Lacks Resources/Support Networks? Yes ❑ Type(s) of ESG Financial Assistance: Rent ❑ Unit Address (must be in City of Fort Worth): Age: Age: Age: Age: Age: Age: No ❑ N/A (Rapid Rehousing Initial Evaluation Only) ❑ No ❑ Rent Arrears ❑ Utility ❑ Deposit(s) ❑ 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: Name of Visual Assessor*: Visual Inspection Indicates Unit and Property Free of Deteriorated Paint? Yes ❑ No ❑ *For named, agency must have on file a certificate of completion of HUD's Visual Assessment Course (htt)://www.hud.aov/offices/lead/trainina/visualassessment/h00100.cftn) 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-CV2 PSA CONTRACT CARES ACT 2020 Page 54 THE SALVATION ARMY (MABEE SOCIAL SERVICES CENTER) EXHIBIT "J" ESG PERFORMANCE STANDARDS Street Number of Persons: Pulled From: Outreach A. Total Unduplicated Served A. CAPER Q6b B. Total Unduplicated Engaged B. CAPER Q9b Of those receiving Case Management, Pulled From: Number of Persons: A. CAPER Q23a A. Those placed in temporary housing destinations B. CAPER Q23a B. Those placed in permanent housing destinations Emergency Number of Persons: Pulled From: Shelter A. Total Unduplicated Served A. CAPER Q6b Operations B. Total Unduplicated Receiving Case Management B. Custom Report Of those receiving Case Management, Pulled From: Number of Persons: A. CAPER Q23a A. Those exiting Emergency Shelter to temporary or B. CAPER 20a permanent housing destinations B. Those who have more non -cash benefits at exit than at entry Homeless Number of Persons: Pulled From: Prevention A. Total Unduplicated Served A. CAPER Q6b Of those receiving Case Management, Pulled From: Number of Persons: A. CAPER Q23b A. Those able to maintain housing at exit B. CAPER Q20a B. Those who have more non -cash benefits at exit than at entry Rapid Re- Number of persons: Pulled From: Housing A. Total Unduplicated Served A. CAPER Q6b Of those receiving Case Management, Pulled From: Number of Persons: A. CAPER Q23a A. Those who exited to or maintained permanent housing B. CAPER Q20a at exit C. Custom Report B. Those who have more non -cash benefits at exit than at entry C. Those who have more case income at exit than at entry Coordinated A. 100% of Rapid Re -Housing enrollments come from Pulled From: Entry Coordinated Entry System Coordinated Entry System: B. 90% of Coordinated Entry System referrals must be System Reporting Proposed accepted by housing providers Metrics under Future C. The average length of time between referral to lease up development Measure is less than 60 days ESG-CV2 PSA CONTRACT CARES ACT 2020 Page 55 THE SALVATION ARMY, A GEORGIA CORPORAT (MABEE SOCIAL SERVICES CENTER) 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-CV2 PSA CONTRACT CARES ACT 2020 Page 56 THE SALVATION ARMY, A GEORGIA CORPORAT (MABEE SOCIAL SERVICES CENTER) 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 of housing 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-CV2 PSA CONTRACT CARES ACT 2020 Page 57 THE SALVATION ARMY, A GEORGIA CORPORAT (MABEE SOCIAL SERVICES CENTER) EXHIBIT "K" ESG QUARTERLY H S REPORT 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 HIJD Consolidated Annual Performance and Evaluation Report (CAPER). This report is due each quarter, on January 15, April 15, July 15 and September 31) of each Contract year- Please fill out the report according to your Agenos 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 HIM IS 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 (Curnubtivej Special Populations Served -Al Activities Veterans (Victims of DomesticViolence EJdedy H IWA IDS Chronically Homeless Persons with Disabilities �+e reIV � ly I II t'hron is Su rice Alxm (Drug, pLhdY IIJ�P�I r oisat}ilroes (Physical, Developmental) I Total Number of Persons in Household mutts (Children Don't KnowA3efusedK> her hissin4 Information (Total I Gender -Ad I Activities Male Female ITraringender Don't KnowA3efusaft0l1 er Wmsinq Information Prepared by D.C. and C.A. Updated:2i1 V2015 Page 1 of 2 ESG-CV2 PSA CONTRACT CARES ACT 2020 Page 58 THE SALVATION ARMY, A GEORGIA CORPORAT (MABEE SOCIAL SERVICES CENTER) Total Persons Served Total Persons Total Persons Homelessness Rapid Re- Emergency Served This Served Prevention Housing 5hefters Quarter Cumulative Total A!pe-AJI Activities Under 18 18-24 25 and over Don't KnowRefusadK)ther Nfsstr I Total Shelter Utilization Number of New Units - Rehabil nation Number of New Units - Conversion Total Number of Bed -Nights Available* Total Number of Bed -Nights Provided** Performance Standards Received Case W. ,. Exited to transitional or .. housing With higher cash income at exit With non -rash benefits at e)at Exited to or maintained housing at exit Did not enter CoC Shelter or Transitional Housing during remainder of ESG year ` The t tal number of beds that are available in a year. For example, if they are all year- and beds, it wall be 385 multiplied by the number of emergency shelter beds; if some are seasmal as well;e-g., onlywirterj then add in the number of nights eadr bed is available. Count all emergency shelter beds. whether Dr nut they are ESG-irnded. - The numberof beds thatwen: filled each night Count all - - . - . � .Kerbeds, whether or not they are ESG-funded- Prepared by. D.C. and C.A. Updated: &G J2016 Page 2 of 2 ESG-CV2 PSA CONTRACT CARES ACT 2020 Page 59 THE SALVATION ARMY, A GEORGIA CORPORAT (MABEE SOCIAL SERVICES CENTER) EXHIBIT "L" MBE REPORTING FORM NOT APPLICABLE ESG-CV2 PSA CONTRACT CARES ACT 2020 Page 60 THE SALVATION ARMY, A GEORGIA CORPORAT (MABEE SOCIAL SERVICES CENTER) EXHIBIT "M" NOTICE OF BENEFICIARY RIGH S T Notice of Beneficiary Rights Name of Agency: Name of Program: 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-CV2 PSA CONTRACT CARES ACT 2020 Page 61 THE SALVATION ARMY, A GEORGIA CORPORAT (MABEE SOCIAL SERVICES CENTER) EXHIBIT "N" WRITTEN STANDARDS FOR MAINTENANCE OF PERSONALLY IDENTIFYING INFORMATION 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. ESG-CV2 PSA CONTRACT CARES ACT 2020 Page 62 THE SALVATION ARMY, A GEORGIA CORPORAT (MABEE SOCIAL SERVICES CENTER) 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. 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-CV2 PSA CONTRACT CARES ACT 2020 Page 63 THE SALVATION ARMY, A GEORGIA CORPORAT (MABEE SOCIAL SERVICES CENTER) EXHIBIT "O" Notice of Occupancy Rights Under VAWA ESG-CV2 PSA CONTRACT CARES ACT 2020 Page 64 THE SALVATION ARMY, A GEORGIA CORPORAT (MABEE SOCIAL SERVICES CENTER) NOTICE OF OCCUPANCY RIGHTS UNDER [1-S. Deparunent of Housingand Urban Development THE VIOLENCE AGAINST WOMEN ACT OhiB Approval No. 2577-02H Expires 0-6' 30 "2017 E)`BIT '0" — Motive of Occupancy- Ri-hts Under N AN A [Insert Name of Housing Pratider11 Motive of Occupancy- lights under the Violence Against Women AcC To all Tenants and Applicants The Violence Against Women Act (VAWA) provides protections for victims of domestic -Yolence. dating violence, sexual assault, or stalking. VAWA protections are not only available to women, but are mailable 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 prozi-am or rental assistance] is in compliance with VAWA- This notice explains your rights under VAWA- A HUD-appro-red certification fort is attached to this notice- You can fill out this form to sbaw that you are or have been a'Lictim of domestic violence, dating violence, sexual assault_ or stalking, and that you wish to use yotu rights under VAWA.- Protections for Applicants If you otherwise qualify for assistance under [insert naive of uroira,m 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 staRang- Protections for Tenants ' The notice uses HP for housing prmider but the housing provider should insert its name where HP is used. HL-D's program specific regulations identify the itdividual or entity responsible forpraviding the notice of ocm zpancy rigbh. a Despite the name of this law-. VAWA protectianis available regardless of sex, gender identity, or sexual orientation- 3 Haustng Providers cannot dig, nn nate i m the basis of any protected characteristic. including race, color, national origin, religion_ sex, familial status, disability, or are. HUD -assisted and HUD -insured housing mast be made mailable to all otherwise eligible indixiduals regardless of actual ar perceived sexual orientation: gender identity, or marital status - Form HUD-5380 (12J201b) ESG-CV2 PSA CONTRACT CARES ACT 2020 Page 65 THE SALVATION ARMY, A GEORGIA CORPORAT (MABEE SOCIAL SERVICES CENTER) If you are receiving assistance under [insert name of wo,ram or rental assiscaucel, you may not be denied assistance. terniinated from participation, or be evicted from ymu 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 yowl is or has been the victim of domestic violence, dating i riolenca semial assault, or stalldng by a member of your household or any guest, you may not be denied rental asmstance or occupancy rights under (insert na me of proL a m or rental assistsnrel solely on the basis of edrninal aeti Aly directly relating to that domestic violence; dating violence, sexual assault, or stalking. ted individual means rots spouse_ parent, brother_ sister_ or child, or a person to whom you stand in the place of a parent or guardian (far example, the affiliated individual is in your care, custody, or oontrol); or any individuual_ tenant, or lawful occupant living in your household. Remaning the Abuser or Perpetrator from the Household HP may divide (biftucate) your lease in order to evict the inchvidwl or tenniii9te the assistance of the indhridual who has engaged in trim al activity (the abuser or perpetrator) directlyrelating to domestic � iolence_ 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 emit or othenvise punish the remaining tenants. If the evicted abuser or perpetrator was the sole tenant to haw established eligibility for assistance under the program HP must allow the tempt who is or has been a victim and other household members to remain in the unit for a period of time_ m order to establish eligibility under the program or under another HUD housing program covered by VAWA, or, find alternati-w housing. Fu= HOD-5 380 (12201-6) ESG-CV2 PSA CONTRACT CARES ACT 2020 Page 66 THE SALVATION ARMY, A GEORGIA CORPORAT (MABEE SOCIAL SERVICES CENTER) In removing the abuser or perpetrator from the household, HP musk follow FedeW, State, and local eviction procedures. In order to dhride a lease- HP rimy- but is not required to, ask you for documentation or certification of the incidences of domestic olence. 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 yrnj are requesting to move because of an incidence of domestic iiolence, dating violence, sexual assault, or stalking. If the request is a request for emergency transfer, the harming provider may ask you to submit a writum request or fill out a form where you certify that you meet the criteria for an emergency transfer under VA QWA- Tlbe criteria are: (1) You are a iictim of domestic iiolence. dating iiolence. sexual assault, or stalling. If your housing provider does not already have documentation that you are a maim of domestic violence, dating violence, sexual assault- or stalking, yrnu hrnuing promder may ask you for such documentation, as described in the documentation section below. (2) You expressly request the emengency mansfer. Your housing provider may choose to require that you submit a farm, or my accept another written or oral request- (3) You reasonabl- believe you are threatened mith imminent harm from further liolence if you remain in your con-ent unit. This means you have a reason to fear that if you do not receive a transfer you i�utjld suffer violence in the very near f i ure. Foam HUD-5380 (12f201b) ESG-CV2 PSA CONTRACT CARES ACT 2020 Page 67 THE SALVATION ARMY, A GEORGIA CORPORAT (MABEE SOCIAL SERVICES CENTER) DR You are a iictim of sexual assault and the assault oeeu Ted on the premises duiin2 th,- 90-calendar-lad- period before you ix -quest a n-ansfer. If you are a victim of sexual assault; then in addition to qualifying for an emergency transfer because you reasonmbly believe you are threatened Mth inun;nent harm from fuuther violence if ymi rannin in your unit, you nmy 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-.ay period before you expressly request the trm fer. HP will keep confidential requests for emergency transfers by victims of domestic violence_ dating '�riolence, sexual assault, or stalking, and the location of any motes by such rActims and their families- BP- s emergency transfer plan provides further infarmntion 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 Uv or Have Been a Victim of Domestic Violeuce, Dating Violence, Sexual Assault or Stalking HP can, but is not required to, ask you to provide docuumentation to "certif ' that you are or have been a victims of domestic violence, dating violence, sexual assault, or stalking_ Such request from Hp must be in ivriting, 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 dues not have to, extend the deadline for the submission of documentation upon ywr request. Farm HUD-5 3R0 (1712016) ESG-CV2 PSA CONTRACT CARES ACT 2020 Page 68 THE SALVATION ARMY, A GEORGIA CORPORAT (MABEE SOCIAL SERVICES CENTER) You can provide one of the folloxNang to HP as documentation_ It is yoi r choice which of the following to subrmt if HP asks you to provide documentation that you are or have been a'Lrictim of domestic violence, dating'Llolence, semml assault- or stalking- * A complete HUD -approved certification form given to you by HP with this notice- that doctunents 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 fomt provides for inchiding 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 ei forcenient agency, court- or administrative agency that documents the incident of domestic violence, dating violence, sexual assault, or stalking. Examples of nich records include police reports, protective orders, and restraining orders- among others- * A statement, which you must sigma along with the siguanure of au 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 stalling, or the effects of abuse, and with the professional selected by you attesting under penalty of perjiurr 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 i��ithin the 14 business days, HP does not have to provide you with the protections contained in this notice. Farm HUD-J 380 (12'2D16) ESG-CV2 PSA CONTRACT CARES ACT 2020 Page 69 THE SALVATION ARMY, A GEORGIA CORPORAT (MABEE SOCIAL SERVICES CENTER) If Hp receives conflicting evidence that an incident of domestic violence- dating -violence- sexual assault, or stalhcing 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 ymi pro,6& third -party doctumentation within thirty 30 calendar days in order to resolve the conflict- If you fail or refuse to provide third -party doctunen ation where there is conflicting evidence_ HP does not have to provide yrni with the protections contained m this notice. C:onfmdentiality BP must keep confidential any information you provide related to the a .excise of your rights under VAWA, including the fact that you are exercising your rights under VAWA BP must not allow my mdi'Mual administering as sistance or other services on behalf of HP (far example, employees and contractors) to have access to confidential information imless for reasons that specifically call for these individuals to have access to this information imder applicable Federal, State, or local law - HP must not enter ycqu information into any shared database or disclose your infofr r1on to any other entity or indi— idual. HP, ho%�r,,mr. may disclose the information provided if: • You give written permission to HP to release the information on a time limited basis. • HP needs to use the information in an evictiort or termination. proceeding, such as to etrict your abuser or perpetrator or terminate your abuser or perpetrator from assistance imder this progfaui. • A law requires HP or ymu landlord to release time information. Foam HUD-5380 (12 2016) ESG-CV2 PSA CONTRACT CARES ACT 2020 Page 70 THE SALVATION ARMY, A GEORGIA CORPORAT (MABEE SOCIAL SERVICES CENTER) 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 hansehold members m cases inhere a family breaks up Reasons a TenantEliagible for Occupancy- Riuht� under VAWA May Be Elicted ar Assistance _liar Be Iermivated You can be evicted and yrnu 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 yau- HP cannot hold tenants %�bo have been-tgctims 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 as Sault, or stalking. The protections described in this notice might not apply, and you could be e"'Ycted and your assistance terninated_ if HP can demonstrate that not e�iicting you or terminating your assistance would present a real physical danger that: 1) Would occur within an immediate time frame, and 21') Could result in death or serious bodily harm to other tenants or those who work on the property. If HP can demonstrate the abDve. 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 Lars VAWA does not replace any Federal, Mate_ or local law that promdes greater protection for victinfs of domestic violence_ dating violence_ sexual assault, or stalling_ You may be entitled to Farm HUD-5380 (12.2016) ESG-CV2 PSA CONTRACT CARES ACT 2020 Page 71 THE SALVATION ARMY, A GEORGIA CORPORAT (MABEE SOCIAL SERVICES CENTER) additional housing protections for victims of domestic violence, dating violence, sexual assault, or stalking under other Federal laws, as well as imder State and local laws. Non -Compliance with The Requirements of This Notice You may report a cmTred housing provider's violations of these rights and seek additional assistance_ if needed, by contacting or filing a complaint with [insert contact information for and- intermecliary. if applicable] or [insert HUD field -office]. For Additional Information You may view a copy ofHUD'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 urogram or rental assistance) contact information able to answELr questions on V-AWAJ. For help regarding an abusive relationship, you may call the National Domestic Violence Hotline at 1-800-799-7233 or, for persons with Bearing irnpairmemts,1-800-787-3224 CITY-)- Yrnj may also contact [Insert cantac t information far relei-ant local organizations]. For tenants who are or have been irictinis of stalking seeking Mp may visit the National Center for Victims of Crime's Stalking Resource Cuter at hnp://www.victinisDfcrinie.org/olu- Mgramsstalking-resoiuoe-center. For help regarding sexual assault, ycu my contact [Insert contact information for relevant organizations] Victinfs of stalking seeking help may contact [Insert contac t information for relevant organizations]. Attachment: Certification form HUD- [form approved for this program to be included] Farm HUD-5380 (12 2016) ESG-CV2 PSA CONTRACT CARES ACT 2020 Page 72 THE SALVATION ARMY, A GEORGIA CORPORAT (MABEE SOCIAL SERVICES CENTER) EXHIBIT "P" VAWA Emergency Transfer Request Form CERTMCATION OF U.S. Department of Housing Obis Apprinal No. 2577-028fi DONJESTIC VIOLENCE. and Urlxin Developiuenr EzV. 06130+2017 D IrCG VIOLENCE, SEXUAL ASSAIZT, OR STAI I aNG, Ai-\-D ALTER-_kTE DOCL NT-iTION Purpose of Form: The Violence Against Women Act C V-AWA') Protects applicants, tenants, and proprampancc4xinfs in certain HUD programs from being evicted, denied housing assistance, or teriu ted from homing assistance based on acts of domestic r-iolence, dating molence, sexual assault, or stalking against them Despite the name of this law, VA%V. A protection is armlable to victims of domestic violence, dating Lrioleuce_ sexual assault_ and stalling, regardless of sex, gender identity, or sexual orientation - Use of This Optional Form: If you are seeking VAW-A protections from y-ou r houe;ng pro U, T, your housing pron^ider may give you a vrTilwn request that aslm you to ail=t documentation about the incident or incidents of domestic %ioleme, dating violence, sexual assault, or stalking. In regxmse to this request, you or someone on yourbehalfmay complete this optional faim and submit it to your housing prcMuki. or you may subunit one of the follm-icing types of third -party documentation: (1) A do imitent siLped by you and an employee, agent, or volimteer of a victim service prcvider, an attorney, or medical professional, or a mental health professional (collectively, `professional's from whom you h we sought assistance relating to domestic-nolence, dating violence, semi al assault, or stalking, or the effects of abuse. The document must specify, under penalty of Muir_ that the professional believes the incident or incidents of domestic violence, dating Lriolence, sexual assault, or stallzug occurred and meet the definition of "domestic violence, dating violence," --sexual assault," or "staWng' in HL'D's regulations at 24 CFR 5.2003. (2) A record of a Federal, State, tribal. territorial or local lane enforcement agency, ccqut, or admunistraw a agency; or (3) At the discretion of the housmg provUler, a statement or other evidence prodded by the applicant or tenant. Submission of Documentation: The time period to submit doc n ientatian is 14 business days from the date that you receive a written request from your housing proi,Yder asking that you provide documentation entation of the occurrence of domestic violence, dating violence, sexual assault, or sta1�. Your housing provider may but is not required to, extend the time period to submit the dorim atatioit if you request an extension of the time period_ If the requested iafornoatim is not received w ithm 14 business days of when. you received the request for the documentation, or any extension of the date pmvided by your housing provider, your housing pro-ider does not need to grant you any of the VAWA protections_ Disftiln pion or issuance of this form does not semi- as a written request fior eertificatiom Confidentiality: All information pro-,ided to your -housing provider con ~erring the incident(s) of domestic - iolence, dating - ioleace_ seamal assautlt.. or stalling shall be kept confidential and such details shall not be entered into any shared database_ Employees ofyour housing pro viler are not to ha%re 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 in&Adual except to the extent that disclosure is: (i) consented to Farm HUD-5 3 92 (0&201 ESG-CV2 PSA CONTRACT CARES ACT 2020 Page 73 THE SALVATION ARMY, A GEORGIA CORPORAT (MABEE SOCIAL SERVICES CENTER) by you in writing in a time -limited release; (} required far use in an e4 icticm proceeding or heating regarding termination of assistance; or (iii) otherwise required by applicable law. TO BE COMPLETED BY OR ON BEELUT OF THE VICTM OF DOMESTIC VIOLS-N .E.. DATL;O VIOLENCE, SEk- -AL ASSAL-LT. OR ST.UEaNO 1. Date the wzitteir request is recen•ed by -victim: ;. Name of {ictim; 3. Your mane (if different from Licdxn's): 4. Name(s) of other family members) listed on the lease: 5. Residence ofvictim : 6. Name of the accused perpetrator (if lzroun and can be safeh- disclosed); -. RelryIIonship of the accused perpetrator to the victkn: S. Date(s) and times(s) of mcideut(-s) (if 6.uostn): 10. Location of incident(s): In vaur awn yards, briefly describe the incident s): This is to certify that the information prodded on this farm is tore and correct to the best of my knowledge and recollectioa. and that the individual named abcxe in Items 2 is or has been a victim of domestic violence. dating violence, semual assault, or stalking. I aclmowledge that a *ums.siom of fl1se mEmm ahon could leopardm-- program eligibility and could be the basis for denial of adruissicn: termination of assistance_ or eviction Signature Signed on (Date) Public Reporting Borden: The public repotting burden for this collection of information is estiimted to average 1 hour per response_ This includes the titue for collecting_ re�dewimg, and repotting the d. n. The information prm-ided is to be used by the housing pro-ider to request certification that the applicant or tenamt is a victim of domestic v olence, dating violence, sexiW assault, or stalking. The information is subj ect to the confidentiality requirements of VAWA. This agent;.. may not collect this information, and you are not required to complete this form, unless it displays a cturently mlid Office of Management and Budget control number. Farm HUD-5382 (061201 ESG-CV2 PSA CONTRACT CARES ACT 2020 Page 74 THE SALVATION ARMY, A GEORGIA CORPORAT (MABEE SOCIAL SERVICES CENTER) City of Fort Worth, Texas Mayor and Council Communication DATE: 06/27/23 M&C FILE NUMBER: M&C 23-0596 LOG NAME: 19ESG-CV2 REVISIONS TO SUPPORT FAMILY SHELTER SUBJECT (ALL) Authorize Substantial Amendment to the 2019-2020 Action Plan for Use of $267,003.29 in Federal Grant Funds, Authorize Execution of Contract Amendments to Agreements with Nonprofit Subrecipients of Emergency Solutions Grant Funds Received under the Coronavirus Aid, Recovery and Economic Security Act, and Authorize Execution of Contract with The Salvation Army, a Georgia Nonprofit Corporation for Emergency Shelter Services for Families Experiencing Homelessness RECOMMENDATION: It is recommended that the City Council: 1. Authorize a substantial amendment to the 2019-2020 Action Plan for use of Federal Grant Funds from the United States Department of Housing and Urban Development revising allocation of such funds among local nonprofit homeless service providers; 2. Authorize execution of contract amendments to agreements with nonprofit subrecipients of Emergency Solutions Grant funds received under the Coronavirus Aid, Recovery and Economic Security Act; 3. Authorize execution of contract with The Salvation Army, a Georgia Nonprofit Corporation for emergency shelter services for families experiencing homelessness; and 4. Authorize the City Manager or his designee to further amend the agreements if necessary to achieve program goals and meet Housing and Urban Development expenditure deadlines, provided the amendment is within the scope of the program and in compliance with applicable City policies, laws and regulations. DISCUSSION: In April 2020, the City of Fort Worth (City) was awarded $2,202,959.00 in Emergency Solutions Grant (ESG) funds from Housing and Urban Development (HUD) under the Coronavirus Aid, Recovery and Economic Security (CARES) Act to support the City's response to the coronavirus pandemic among the homeless and at -risk population (ESG-CV). In June 2020, the City was awarded an additional $6,070,529.00 in ESG funds to expand the City's ability to assist homeless and at -risk residents (ESG-CV2). The City Council approved allocation of these funds to local nonprofit homeless service providers on May 19, June 23, and September 15, 2020, through Mayor & Council (M&C) Communications Nos. 20- 0330, 20-0471, and 20-0657. Funding priorities for the allocations were Rapid Rehousing (65%), Shelter Operations (11 %); Outreach to Unsheltered (8%), and Homelessness Prevention (6%), with 10% authorized for program administration by the City and its nonprofit partners. The expenditure deadline for use of all ESG-CV2 funds is September 30, 2023. To ensure funds are fully expended by this deadline and to address priorities which have arisen since initial allocations were made, staff is recommending amendments to some of the ESG-CV2 contracts to change funding allocations and scopes of service as detailed below. The table below summarizes proposed contract scope and allocation changes to be formalized in contract amendments. Each affected agency either requested or was thoroughly consulted regarding the change, and all fully concurred with the proposed changes. The proposed revisions have been publicized as required by HUD guidelines for use of ESG-CV2 funds, through placement of a notice on the City's website and publication of a five-day public notice in the Fort Worth Star -Telegram. Due to previously approved contract amendments, some current contract amounts listed below may vary from the original contract amount. [Agency/Program ame Presbyterian Night Shelter/Cold Weather Emergency Shelter: City Secretary Contract No. 58648 Original Allocation New Proposed Contract Adjustment Contract Change Amount Amount Amount $66,000.00 ($19,527.51) Reduction by $19,527.51; reallocation to Emergency $46,472.49 Shelter Services (new TSA contract for $19,527.51) Day Resource Reduction by $67,475.78), Center/Cold reallocation Weather to Emergency Emergency $238,000.00 ($67,475.78) $170,524.22 Shelter Shelter; City Services (new Secretary TSA contract Contract No. for 55225 $67,475.78) Reduction in contract by Presbyterian Night $180,000.00), Shelter: Rapid reallocation to Rehousing; City $1,142,000.00 ($180,000.00) $962,000.00 Emergency Secretary Shelter Contract No. Services (new 54965 TSA contract for $180, 000.00) The Salvation Army, A Georgia Nonprofit New contract Corporation; $267,003.29 $267,003.29 for Family $267,003.29 Emergency Shelter Services The new contract with The Salvation Army, a Georgia Nonprofit Corporation for family emergency shelter services will be made up of these reallocated funds. Since no City salaries will be charged, indirect cost recovery does not apply. Section 2-9(11) of the City Code allows for any contract or other legal instruments necessary to provide public assistance from funds available under the Coronavirus Aid, Relief, and Economic Security (CARES) Act, as may be amended, or from funds available under the Consolidated Appropriations Act of 2021, as may be amended to be administratively approved by the City Manager. When possible, items will be brought to the City Council prior to execution of any contracts or amendments; however, staff anticipates that in order to meet the approaching expenditure deadline, that future amendments may require administrative approval. Staff will provide updates via Informal Reports or M&Cs seeking ratification of any changes made under this administrative mechanism. Services are available in ALL COUNCIL DISTRICTS. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that approval of these recommendations will have no material effect on City funds. Submitted for Citv Manaaer's Office by Oriainatina Business Unit Head Fernando Costa 6122 Victor Turner 8187 Additional Information Contact: Tara Perez 2235