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HomeMy WebLinkAboutContract 46158STATE QF TEXAS COUNTY OF TARRANT , �; 9�'��` ������f�t' ��&@���A,��° ��. ,�_ _!_ .+ � - This cantract ("Cantract") is made and entered into by and between the City of Fori Worth {hexeafter "City"} and Presbyterian Night �helter (hereafter "Agency"), a Texas ��n- profit corporation. City and Agency may be refet�red to individually as a"Party" and jointly as "the Parties". The Parties state as follows: WHEREAS, City receives grant monies from the United �tates Department of Housing and Urban Development through the Community Development Block Grant ("CDBG") Prograrn, Frogram No. B-14-MC-4$-�010, Catalog of Federal Damestic Assistance No. 14.218; WHEREAS, a natianal objective of the CDBG program is ta benefit benefit low and moderate income citizens in accordance witli 24 CFR Part 57Q,200 (a){2}; WHEREAS, Agency submitted a proposal to use CDBG funds for an eligible pxogram under Y.he CDBG Regulatians whereby Agency will p�ovide services to low and moderate income City citizens; WHEREAS, City citizens, the Com�unity D�velopment Council, and the City Council have determined tiiat CDBG programs are need�d 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 reeitals s�t forth above are true and correct and form the basis upon which the Parties have enfered into this Contract. 2. I��`IiYITIONy� Tn addition to terms defined in the body of this Contract, the terms set forth below shall have the defi�i�ions ascribed to them as follows: Area Median Income o� ANII mean� �he median �arnily income for the Fart Worth-Arlington metrapolitan statistical area as established annua.11y by HiJD. The 2014 income limits are attached hereto as Exhibit "A�1" — 2014 HIID Income Limits. Business Diversiiy Enterprise Orclinance ar SDE means the City's Susiness Diversity Ordinance, Ordinance No. 2Q020-�2-2�11. CDBG means Community Development B1ock Grant. CDBG PSA CONTRACT 2014-2015 Presbyterian Night Shelter ����� L� ' �������y� � ����e�i �.. � � ���D� � ��i°`� ��+����ia��r' " � �.`�°�1� `�'�t, ��� � `� � Cornpie�e Documentation means the following documentation as applicable: o Attachments I, II, and III, with supporting documentatian includ'zng: o Praof of expense: copies of timesheets, invoices, leases, service contracts or other documentation showing ihat payment is due by Agency. o Proof of �ayment: cancelled checks, bank statemenis, or wire transfers necessary ta demonstrate that arnounts due by Agency were actually paid by Agency. o Proof of client eligibility: (i) �ource Documentation sufficient to show that clients participating in the Program are CDBG Eligihle Clients; ar (ii) documentation other than Source Documentatian to show that clients serv�ed. by the Progxam are CDBG E3igible Clients. a Complete Documentatian shal_l meet �he sta�daxds described zn the attached Exhibit "F" � Standards for Co�nplete Documentation. Any other doc�ment ar record reas�nably necessary to verify costs spent and client eligibility for the Pragram. CDBG Eligible Client means a client whos� annual income adjusted for family size does nai exceed �0% of AMT using xhe most current HUD Incozr�e Guidelines and Teahnical Guidance for Determining Income and A1lowance� �erified by either Source Documentation or the forrn in Exk�ibit "E" � Form of Income Self-Cert'�f'ication. Agencies Serving 100% ClienteIe must follow the requirements set forth in Section 6.13. CDBG Funds means the CDBG grant funds supplied by City �o Agency under the terms of this Contract. CDBG Regulations means regulations found at 24 CFR Part 570 et seq. DBE means disadvantaged business enterprise in accordance with 49 CFR Part 26. Directo�r means the Director of the City's Housing and Economic Development Department. Effective Date means October 1, 2014. HED Department means the City's Housing and Economic De�elopment Department. HUD means the United States Department of Housing and Urban Development. IDIS means II[TD's Integrated Disbursement Information System. National Objective means at least �1% of the clients served under this �antract must have incomes at or belo�cnr SO % of AMI in accardance with 24 CFR 570.208(a}(2). Program means the services described in Exhibit `�A" — Program SUmmary. CDBG PSA CONTRACT 2014-2015 2 Presbyterian Night Shelter Reimbursement Request means aIi reports and other documentation described in Section 9. Source Dacumentation rneans any documentation allowed und�r the defuution of annual incoma in 24 CFR Part 5.609. Undu�licated Clients means a count of CDBG Eligible Ciients served once in the Cantract Terrn. CDBG Eligible Clienis served more than once in the Contract Term will only be counted once when determining tbe number of Unduplicated Clients. 3. TERM. `The term of this Contract begins on Octob�r 1, 2014 and terminates on Sept�mb�r 30, 2015 unless earlier termi�ated as provided in this Coz�t�act. 4. DUTIES AND RESPONSYBILITIE5 OF CITY. 4.1 Provide CDBG Funda. City shall p�ovide up to Eighty Two TY�Qusand and 0011 DO Dollars ($82,Q00.00) of CDBG Funds under the terms and eonditions herein. 4.2 Monitotr. City will monitor the activities anc� perfor�nance of Agency and any of its contractors, subcontractors or vendors as necessary, but no less than annually. 5. DUTI�S AND RESPONSISILITIES OF AGENCY. S.I Repuired Serviees. Agency sha11 perForm the sezvices descxibed zn Ex�ibi� "A" — Program Snmma� in accordaz�ce with fihe terms and canditions of this Contract. 5.2 Use of CDBG Funds. S.2.1.. Comnliance wi�h CDBG Rc�ulations and Contract. Agency shall be reirnbursed for eligible Program casts with CDBG Funds only if City determines in its sole discr�tion that: 5.2.1.1 Costs are eligible expenc�itures in accordance with CDBG Regulations. 5.2.1.2 Costs are in compliance with this Contract and are reasanable and cansistent with indusi�y narms. 5.2.1.3 Complete Documentation is subrnitted to City by Agency. CDBG PSA CONTRACT 2014-2015 3 Presbyterian Night Shelter 5,2.2 B�rd�et.. 5.2.2.1 Agency agrees that CDBG Fund� will be paid on a reimbursernent basis in aceordance with Earhibxt "B" - Budge#. 5.2.2.2 During the term of this Contract, Agency may submii written requests to incr�ase or decxease line-item am�unts in the Sudget, including an explanation of why such inc;reases or decreases are necessary. All such rec�uest� must be approved by the Director in wri�ing, with such approval being in the Director's sole discretion. If Director approves the Agency's praposed Sudget arnendment (as approved, the "Amez�ded Budget"}, then the Amended Budget will take effect on the first day of the month following the month in which it was approved by Director, unless otherwise specified in the amendment. All requests for Budget am�ndm�nts must be submitt�d by June 1, �01�. 5.2.3 Chan�e in Pro�ram Budget. 5.23.1 Agency vvill notify City promptly o� any additional �unds it receives for operation of the Frogram, and City reserves the right to amend this Contract in such instances to ensure compliance with HUD regulations governing cost allocation. 5.2.3.2 Agency agrees to utilize funds available under ihis Contract to supplernent rather than supplant funds otherwise available for use in the Prflgrarn. 5.2.� Pavment of CDBG Funds ta A�encv. CDBG Funds will be disbursed to Agency upon City's approval of Agency's wri�ten and signed Reimbursement Requests including submission af Carnplete Docunnentation to City in compliance wrth Section 9. If Agency expends aIl funds budgeted for ihe Program priar to Septernber 20, 2015, City may hold back a small amaunt of the CDBG Funds until the end of the term. Dur�ng this interim period, Agency must cantinue to submit Reimburseme�t Requests with an invoiced amaunt af �0. It is expresslq agreed by the Parties that any CDBG Funds either not spent or no� appraved for reimbursemen� to Agency sha11 remain with City. CDBG PSA CONTRACT 2014-2Q15 4 Presbyterian Night Shelter 5.3 5.3.1 milestones: Pro�ram Performance Milestones. Agency warrants and represents that the Pragram wil� acluev� the following T.J��d����lit��lec! Glien�� Ek� ��.�e�i�li�ci iii E�;�I�ilrif ``A'` �DI1�11 L��l$lll�l�Ul'�.`3 — ��`lF�k'illll :`1U111111�11'.�' � ?7.Z%% � 1.2, %°%o 6 54.54% 54.54% 8 72.72% 72.72% I1 100% 1�0% 5.3.2 Failur� of Ag�ncy to meet these milestones or a material de�iation from them as outlined xn this Section S.3 is a b:reach of thzs Contract. For the purpose of this Section, "material deviation" shall mean more than 10% lower than the specified goal. In the event o� �uch breach, City resarves tlie right in its sole option to d�lay or withhold payment of Reimburseme�t Reque�s, to lower Agez�cy's allacation of CDBG Funds, or to teriminate this Contract. 5.33 FaiIure to meet at least 80% of its performance rnilestones or serve 950 Unduplicated Clients undex this Cantract w�ill autamatically disqualify Agency for consideration under the City's Request for Proposals for the 2016-2017 Program Year for Federal grat�t funds. 53.4 Amendments ta performance milestones must be approved by the Director in writing, wit11 such approval being in the Directar's sole discretion. If Directar approves the Agency's praposed amended pexfarmance milestones {as appraved, the "Amended Performance Milestones"), then the Amended Performance Miles�ones will take effect on the first day of the month folIowing the month in which ii was approved by Directar, unless oth.exw� se specified in the amen.dment. All requests for amendments to per�azmance miles�ones must be submitted by June 1, 2015. Natwithstanding the above, any amendments ta p�rformance milestones shall not reduce the numbers for �erving 950 Und�aplicated Ciients stated in Section 5.3.3. 5.4 Identifv Pro�ram Exnens�s Paid with CDBG Funds. Agency will keep accounts and records in such a manner that City may readi�y identify and account �ar Pragram expenses reimbwrsed with CDBG Funds. These records shall be made available to City for audit purposes a�d shalI be retained as required hexeundex. 5.5 Meet National Obiective. Agency certifi�s that the activities carried aut under the Prograrn and this Contract will meet the National �Jbjective. CDHG PSA CONTRACT 2014-2Q15 Presbyterian Night 5helter 6. CLIENT ELIGIBIL�TY VER�FICATIQN. 6.1 Client Eligibilitv. Agency will document the eligibility of a11 praspective clients. Agency will docutnent clicnt eiigibiiity usin� the specific mefhod described below in Section fi.11 that is apPlicable to Agency and its Pro�ram. All other s�bsections of this Section G.1 are not ap�licable to A�ency. 6.1.1 Agencies Servin� a Presumed Benefit Clientel�. Agency must docurnent tha.t all clients served f�ll under a"presumed benefit" categary as defined in 24 GFR Part 570. Relevant ca#egories of presumed benefit are: severely disabled adults, homeless persons, abusec� or n�glected children and yauth or �1derly persons. Eligible forms of docu�nantation include: 6.1.1.1 5everely Disabled Adults. Written, signed and dated diagnosis from a licensed tnedical professional. As an acceptabl� alternative, Agency rnay use the fo:rm attached hereto as Exhibit "H" — Severely Disabled Certification Form. 6.1.1.2 Homeless Persons. Written, signed and dai�d certifcation from an autreach worker. 6.1.1.3 Abused or Neglected Children and Yonth. �Vritten, signed and dated certificaiian from an outreach worker. 6.1.1.4 Elderly Persons. A birth certificate, driver'� license, passpart, imrnigration card, military identification, or any other state, local, natianal ar international documentat�on, pxovided it contains current information about the age or birth of the possessor. The form in Ext�ibit "E" -- Form of Income Self Certi�cation also requires that potential client� list their age and certify the valiciity of the information provided. This may be sufficient but should onty be used as a last r•esort with an explana�ian in the file case nvtes indicating why the fQrrnal forms of ver�cation were not ava.ilable. An eld�rly person is defined as b�ing at lcast 6� ycars of age. 6.1.2 A�encies Servin� a Gen�ral Clientele. Agency must verify all new clients' income eligi�ility with either Source Documenta�ion or the forrn attached as Exhibit "E" — Form of Income Seif Certificatian. Agency must use the annual incnme definitio�. i�n 24 CFR Part 5.609 to establish client incame elzgibility a�d must use the most curren� H[JD Income Guidelines. All clients' income must be documented, but only �1% of clients must meet income eligibility requirements described in 24 CFR Part 5.609. CDBG PSA CONTRACT 2014-ZO 15 Presbyterian Night Sl�elter 6.1..3 A�encies Servin� 100% Clientele. Agency must verify income eligibility of a11 Unduplicated Clients with Source Documentation. Saurce Documentatian must be collectad and maintained in Agency files even if Agency repar�s income eligibility usin.g the form attached as Exhibit "E" — For�n of Tncome Self Certi�cation. 6.2 Submission of Comnlete Documen�ation. Ageney musi submit capies of all eligibility verification dacumentation described in Section 6.1 with At�achinent II� in each month's Reimbursement Request for a11 Und�plicated Clients served for the first time, and must maintain copies of such documentation as required under this Contract. '�. Additional CDBG Reauir�ments. Agency agrees to comply with all requirerrrents of the CDBG Program as stated in the GDBG Regulations, including but not limited to the �ollowing: 7.1 Environmental Review. CDBG Funds will not be paid, and costs cannot be incurred until City has completed an environmental re�iew as required by 24 CFR Part 58. The �nvirflnmental review may result in a decision to proceed with, madify, ar cancei �he funding for the Progra.m. Furt�er, Agency will not undertalce or commit any funds ta physical or choice limiting actions as described in any applicable Federal regulations. Any violation of this provisian will {i) cause ihis Contract to te�minate imm�diatel�, and (ii) require Agency to repay CityT the CDBG Funds it has al��ady received and forfeit any fut-�re payments of CDBG Funds. 7.2 Contract Not Constxtnting Commitment af Funds. Notwithstanding any provision of this Contract, the Pat�ties agree and acknowledge that Ykus Coniract does �at constitute a commitment of funds, and tha� suc� comrnihnent of fiinds or approval may occ�r only upon (i) satisfactory completion of environmental review and receipt by City of an authorization to use grant funds from HUD under 24 CFR Part 5$, (ii} approval of City's 2014-2015 Action Plan, and (iii) receipt by City af a grant agreement from HUD. 7.3 Monitarin�. 7.3.1 Agency understands and agrees that City �vill monitoz the adequacy arnd timeliness af Agency's performance under the terms of this Gontract as well as its compliance with the CDBG Regulations. Agency is subject to such monitaring during the terrn of this Contraci and for � years after the Contract term ends. Agency will provide reports and access to Pxogra.m files as requested by City duriag this � year pexiod. For pw.poses �f th.is Contract, this � year period for monitoring is deemed to begin on October l, 2015 and end on September 30, 2024 regardless of whether or not thi� Contract is earlier terminated. 7.3.2 Representatives of City, HiJD, and the United States Carnptraller General shall have access during regular business hours, upan 48 ha�xrs przor z�atice, to Agency's offic�s and CDBG P�A CONTRACT 2014-20I S 7 Presbyierian Nighi Shelter recards pertaining to the use o� thc CDBG Funds, and to Agency's afficers, directors, agents, empIoyees, contractors, subcontraetors and vendors for the purpose of such monitoring. 7.3 .3 Tn addiiion to viher provisio:�s of this Contract regarding frequency o� manitoring, City reserves the right to perform desk reviews or on-site manitoring of Agency' S COIX1p�l�11C� with the terms and canditions of tUis Contract. City shall provide Agency with a written repax�k of the monitor's fndings aftex each monitoring visit. If the monitoring report notes deficiencies in Agency's performance, the report shall inciud� requirements for the timely eorrection of said de�ciencies by Agency. Failure by Agency ta take the acfian specified in the monitoring report may be cause fox suspensian ar terminaiion of this Contract as pxovided herein. 7.3.4 This Section 7.3 shall be applicable for the Coniract term ar�d for � years thereafter and sha11 survive the earlier termination or expiratian of this Cantract. 7.4 A�eucv Procure�uent �tandards. Agency shall comply with ali applicable Federal, state and �ocal laws, regulations, and ordi�ances for making procurements under this Contract. Agency shall establish procurement proeedures ta ensure that m�.terials and services are obtained in a cost �ffective manner. When procuring serviees to be provided �tnder this Contract, A�ency shall cornply at a minimum with the procurement standards at 24 CFR Part 84.40 through 24 CFR Part 84.48. 7.5 Cost Pri�ncit�les/Cost Reasanableness. Agency shall administer its use af CDBG Funds in compliance with OMB Cireular A-122, "Cost Principles for Non-Proft Organizations", as amended from time ta time. The eligibility o� costs incurred for performance rendered shall be deterrnined in accordance witli OMB Circular A-122 as supplemented by the provisions of this Confract. 7.6 Accountins Standards. Agency agrees to comply with OMB Circular A-110, "Uniform Administrative R�quirements for Grants and A�reements with Institutians of Higher Education, Hospitals anri other Non-Prafit Organizat�nns", and agr�es to adhere to the accounting principles and procedures required therein, utilize adequate internal con�rols, and maintain necessaiy supporting and back-up documentation for aIl costs incurred. 7.7 Uniform Administrative Requirements. Agency wi11 eomply with the Uniform Administrative Requirements set fortlx in 24 CFR Part 57.SU2 or a�y reasonably equivalent procedures and requirements that City may require. 7.8 Terms Anplieable to Contractors, Subcontractors and Vendars. Agency understands and agrees that a11 terms of this Contract, whethe-r regulatary or othetwise, shall apply to any and all contracto�s, subcontractors and vendors of Agency which are in any way paid with CDBG Funds or who perfozm any work in connection with ihe Program. Agency shall cause aIl applicable provisions of this Cant�act ta be included in and made a pari of any contract ar subcontract executed in the performance o� its obligatians hereunder including its obligations regarding the CDBG Regulatians. Agency shall monitar the services and wark performed by its contractors, subcont�•actors and vendars on a regular basis for CDBG PSA CONTRACT 2014-2Q 15 S Preshyterian Night Shelter compiiance with the CDBG Regulations and Contract provisions. Agency must cure aIl violations of the CDBG Regulations committed by its contractors, subcontractars or vendors. City maintains the z�ght to insist on Agency's fitll campliance with the terrns of this Contraet and the CDBG Regulations and Agency is responsible for such compliance xegardless a� whether actions talfan tQ fulfill the requirernents of this Contract are taken by A�ency or by Agency's contractors, subcantractors or vendors. Agency acknowledges �liat the provisions of this Section shaIl sutvive the earlier termination or expiration of this Contract. 7.9 Convri�ht and Patent Ri�hts. No reports, maps, or other dacumenfs produced in wbole ar in part under this Contract shall l�e the subject of an application for copyright by ar on behalf af Agency. H[.JD and Ci�.y shall possess all right� to inveniion or discovary, as well as rights in data, whick� may arise as a result of Agency's perfortnance under this Contract. �. R.�CORD KEEPING. $E�ORTING AND DOCUMENTATYON REOUIREMENTS; ALTDI'I. 8.1 Record Keenin�. Agency shall maintain a record�keeping systern as part of ifs pe:rfonnance af this Contract and shall promptly �rovide Gity with copies of any document City deems necessary for the effecti�e fulfillment o� City's monitoring and evaluation responsibilities. Specifically, Agency will keep or cause to be kept an accurate record af all actions taken and all fiands spent, with supporting �nd back-up documentation. Agency will maintain al� records and documentation related to this Contract for � years after the Contract term ends. If any clairn, litigation, ax audit is initiated before the expiration of the � year period, �he relevant recards and documentation must be retained until all such claims, litigation or audits have been resolv�d. For pu�poses of this Cantract, this � year periad for record retention is deemed to begin on October 1, 2015 and end on September 30, 2020 regardIess a� whet�er ox nai this Contracf is earlier terminated, 8.2 Access to Recoxds. Representatives of City, HUD and any duly authorized officials of the �'cderal government will have full access to, and the right to examine, audit, copy, excerpt and/or transcribe any af Ageney'� records pertaining to all matters covered by this Contract for � years atter the Cantract tezm ends. Sucb acces,s sha11 be during regular business hours and upon at least 4� hours prior notice. For purposes of thits Contract, this � qear pexiod for access to records is deemed to begin on October 1, 2015 and end on September 30, 2020 regaxdless o£' whether ar not ihis Contraet is earlier terminated. 8.3 Renorts. Agency wiIl submit to City all reports and dacumentation described in this Cantract in such form as City may prescribe. Agency may also be required to submit a final pexforrnance and/or fmal financial report if required by City at the termination of this Contract in such form and witl�in such times as Ciiy �ay prescribe. Failure to submit ta City any report or document�tion described in this Contract �hall be an event of default of this Contract and City may exercise alI of its remedies for default under this Contract. CDBG PSA CONTRACT 2014-2015 Presbykerian Night Shelter $.3.1 AdditionalInfarmation. Ageney shall provide City with additional in�ormation as rnay be renu�red by state ar Federal agencies io sulastantia�e Program activities and/or expenditUre eligibility. 8.4 Cha�a�e iva� Repar '� Rec�uirements and Forms. City retains the right to change reporting requirernents and forms at iis discretian. City will notify Agency in writing at least 1� days prior to the effeciive date of such change, and the Parties shall execute an amendment to the Cantra.ct reflecting such change if necessary. S.5 Audit. 8.5.1 Entities that Exnend $�00.000 or more in Federal Funds Per I'ear. All non-federal entifies that expend $5D0,000 or more in Federal funds within one year, regardiess of the source of the Federal aw�rd, must subrnit to City an ann�al audit prepared in accordance with specific reference to OMB Circular A-133. The a�dit shall cover the Agency's fiscal years during whioh this Coniract is in force. The audit mus� be prepared by an independent certified public accountant, be completed within 6 manths following �he end of Y1�e period being audited and be submittec� to City within 3U days af its completion. Agency's audit certi�'ication is attached hereto as Exhibit "C" —"Audit Certification Form" and "Andit Requirements". The Audit Certification Form must be submitted to City prior to or with the first Reimbursemen�t Request. Entities that expend less t1�an $500,0�0 a year in Federal fuuds ar� exempt from Federal audit requiremenis for that year, bu# records musi be available for review or audit by appropriate offcials of the Federal agency, City, and General Accounting Office. $.5.2 Citv Reserves the Ri�h� ta Audit. City reserves the rigY�t to perform �n audi� af Agency's Program operations a�d fin.ances at �ny time during the terrn of this Cont�act and for 5 years after the Cant�act Term ends if City determines that such audit is necessary %r City's compliance vvith the CDBG Regulations ar ofiher City policies. Agency agrees to allow access to all pertinent materials as described herein for such audit. Far purposes of this Contract, this � year pexiod for City audit is deemed ta begin on Oetober 1, 2015 and end on September 30, 2020 regal•dless of whether or not this Contract is earlier terminated. If such audit reveals a questioned practice or expenditure, such c�uestions mu�t be resolved within. 15 business days after notice to Agency of such quesYianed practice or expenditure. If questions are not resolved within this periad, City reserves the right to wz�hhold furth�r funding under this Contract andlor any other contracts with Agency. IF AS A RESiTLT OF ANY AUDIT IT IS DETER1VlINED THAT AGENCY HAS FALSIFIED ANY DOCi1MENTAT�ON OR MISUSED, MISAPPLIED OR MISAPPROPRIATED CDBG FUNDS OR SPENT CDBG FUNDS ON ANY INELIGIBLE ACTIVITIES, AG�NC� AGR�ES TO REIMBURSE CITY TH� AMOUNT OF SUCH MONIES PLUS TIiE AMOUNT OF ANY SANCTIOl�I�, PEPTALTY OR OTHER CHARGE LEVI�D AGAINST CITY BY HUD BECAUSE OF SUCH ACT�ONS. GDBG PSA CONTRACT 2014-2015 10 Presbyterian Night Shelter 9. REIMSURSEMENT REOUIREMEl�TS. 9.1 Der�dline for Submiftins Reimbursement Requests. 9.1.1 Reimbursement Requests shall be received by the City on or before the l a�" day of t�e month follow�ing the month expenses wer� paid by Agency. For examp�e, the Reimbursement Request for June expenses must be received by July 1S. In the event the 1§rh falls on a weekend ar 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 actians outli�ed in Secfion la.l. NOTWITHSTANDING ANYTHING ABOVE, EXPENSES FOR SEPTEMBER 2015 MUST BE RECE�VED BY SEPTEMBER �0, �01�. FAILi1RE TO SUBMIT A FINAL REIMBURSEMENT REQUEST BY SEPTEMBER 20, 2ai� WILL RESIILT IN AUTOMATIC FORFEITURE OF PAYMENT OF THE SEPTEMBER REIMBIIRSEMENT R�QU�ST. 9.1.2 City will notify Agency by e-mail within 20 calendar days if a Reimbursement Request is l�cking Complete Documentation or carrections are needed. Agency will have 10 business �.ays fraxn the date oFthe e-z�ail notice to subrnit any requested informaiian ar missing documentation. Agency will be penalized in t�.e Request for Propasal for th� 2015-2016 Program Year for any notifcations received under this Section. If Agency fails ta submit all the required information or missing docuxnentation within 30 calendar days from the first e-mail, Agency shall �arfeit 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 Agency shall provide City with Co�npleie Documentatian and the following reports as shown in Exhibit "D" Reimburseme�t Forms with each Reimbursement Request: 9.2.1 Attachmeni I — Invoice. This repart sha1l contain fi�xe atnount requested for reirr�bursement each month, the cumulative reimbursement requested to date (inclusive of that montl�'s xequest), and must be signed by an autk�orized signatory of Agency. By signing Attachment I, Agency is certifying that the casts are valid, aligible, consistent with tha terms and conditions of this Contz�act, and ihe data contained in the report is trtte and co��r�ct. This report must be submitted even if Agency is requesting $0 for a particular month. 9.2.2 Attachment II— Exr�enditure Worksheet. This report shall itemize each expense requested for reimbursernent by Agency and sha11 include the Account carresponding �he expense to a Budget Xi�e item. In order for this report to be complete ihe following must be submitted: 9.2.2.1 Fox payroll expenses, timesh�ets signed by employees and approved by superviso:r fox all payrall expenses Iisted. Timesheets must distinguish between CDBG-fii.nded time and non-CDBG funded time and reflect actual time spent on CDBG-fi.inded activities. Agency may noi submit payroll expenses dated 60 days prior to the daYe af the Reimbursement Request. 9.2.2.2 For non-payroll expenses, invaices for each expense listed with an CDBG PSA CONTRACT 2014-2015 11 �resbyterian Night Shelter explanation as to how the invoiced expense pertains to the Program. Agenc� may not submit invoices dated 6Q days prior to the date of the Reimbursement Request. 9.2.2.3 Proof that eack� expense was paid by Agency, which proof ean be satisfied by cancelled checks, wire transfex dacumentation, paid receipts ar other appropriate banking documentation. 9.2.3 Attachment II� — Clien� Data Renart. This report shall list each LFnduplicated Client seiv�d during the month along with his or her dcmographic information. The Client Data Report must eontain a list of all clients served during the Cc�ntract perzod. In arder for �is repart to be camplete the following must be submitted: 9.23.1 Documentation of income verification for each Unduplicated Client the first time he ar she is served, whicb will eith�r be the Source Documentation described in Section 6.1 ar �he cornp�eted form of Exhibit "E" - Form of Income Self Certification. AGENCIES SERVING 100% CLIENTELE MUST FOLLOW THE R,�QiT[RCMENTS SET FORTH IN S�CTION 6.L1. 9.2.4 Submission of Reiu�bursement Reauesi. Reimbursement Request� can be mailed or deliver in person to HED Department, 908 Monroe Street, Fart Wortl�, Texas 76102. In addi�zon, Agencies can submit Reimbursement Requests via email to �► '�riwortht�xaR.�n� but in addition Agency must submit a signed original of Attachment I and Exhibi� "E" — Form of Income Self-Certi�cation to City by the deadline in Sectian 9.1.1. 9.3 Withholdin� Pavmcnt. CTTY HAS NO OBLIGATYON TO MAKE PAYMENT ON ANY REIMBURSEMENT REQUEST THAT IS NDT RECEIVED BY THE DUE DATE. Failure to timely submit Reimbursement Requests and Complete Documentation alang with any reqnired reports shall be an e�ent of default. 10. DEFAULT AND TERNIINATION. 1D.1 Failure to Submit Reimbursemen� Reauest or R�auired Documentation 10.1.1 If Ag�ncy fails to submit a R�imbursement Requcst in accordance with Section 9, Agency shall be in default o�this Cantract. City will notiFy Agency in writing of such defauIt and the Agency wiIl have l.0 business days from the date of the written notice ta subnut such Reimbursement Request �o cure the default. If Agency fa.ils to cure �he default within 5uch time, Agency shall forfeit any payments otherwise due that monih. 10.1.2 If Agency fails to submit requested information or missing documentation as set fort� in Section 9.1.2, t�en Agency shall �ozfeit paymez�t due that moz�th and t�e �ailure to submit sha�l be considered an event of default that shall no� be cured. CDBG PSA CONTRACT 2014-2015 12 Presbyterian Nighi Shelter 10.1.3 NOTWITHSTANDING THE PROVISIONS OF SECTION 10.I.1 OR 10.1.�, IF AGENCY FAILS TO SUBM�T THC REIMBURS�MENT R�QUEST DUE SEPTEMBER 20, 2015, OR IF THE SUBMITTED REIMBURSEMENT REQUEST FOR SEPT�MBER �0, �Ol� IS LATE, INCOMPLETE OR OTHERWISE NOT IN COMPLIANCE WITH THIS CONTRACT QR THE CDBG REGULATIOl�TS AS DETERMINED BY CITY IN ITS SOLE DISCRETION, THERE WILL BE NO CURE PERIOD AND ANY REIMBURSEMENT WILL BE AUTOMATICALLY FORFEITED. 14.1.4 In the event of (i) an uncur�d d�fault under S�ction 10,1.1 or an event of deiault under 10.1.2 (ii) rnore than 2 instances o� de�ault, cured or uncured, undex these Sections, City reserves the right at its sole aption to terminate this Contract effective irnmediately upon written notice of such intent with no penalty or liability to City. 10.1.5 Notwithstanding anything to the contrary herein, City will not be rcquired to pay any CDBG Funds to Agency during the period that any Reimbursement Request, report ar documentation is past due or is not in compliance with this Contract or tlie CDBG Regulatians, or during any period during which Agency is in default of this Contract. 10.1.6 In the event of �ermi_uation under this Seetion 10.1, all CDBG Funds awarded but unpaid �o Agency pursuant to this Contract shall be immediately farfeited anc� A�eney shall have na further right to such funds. 10.2 Failure to Maintain Records or Submii Reports and Documentation. If Agency fails to maintain all records and �iocumentation as required in Section $, or if the maintained or submitted repart or documentation xs not zn compliance with this Con�act or the �DBG Regulations as determined bq City in its sole discretion, City will notify Agency in writing and Agency will have 30 calendar days from the daxe of the written request to obtazn or recreate the missing records and documentation or submit or resubmit any such report or docurnentation to City. If Ag�ncy fails to maintain the required reporis or documentation, or farls �o s�xbmit or resubmit any such xeport or documentation within such time, City shall have the right to �erminaie this Goniract effective immediately upon written notiee of such intent with no penalty or liability to City. I0.2.1 In the event of tezrninatian under this Section 10.2, all CDBG Funds awarded but unpaid io Agency pursuant to this Contract shall be immediately forfeited and. Agency shall have no furth�r right to such funds, and any CDBG Funds paid to Agency must be repaid to City within 34 days af termina�ion. If such CDBG fi�ds are not repaid to City within the 30 day period, City sha11 exercise alI legal rez�edies ava�ilable undex this Con�ract. CDBG P�A CONTRACT 2014-2015 13 Pre�byte�-ian Night Shelter 1 U.3 In General. 10.3.I Subject to Section 10,2, a.ud unless specifically provided otherwise in this Contract, Agenc� shall be in deiault under this Cantrac� if Agency breaches any �erm or condition of this Contract. In the event that such a breach remains uncured aft�r 30 calendar days following wriiten notice by City (or such other notice perxod as rnay be specified herein} or, if Agency has diligently and cantiztuously attempted to cure following receipt af sueh written notice but reasonabIy requires more than 30 calendar days to cure, as determined by both Parties muivally azld in good faith, City sha11 ha�e the �ight io eleet in City'S sole discretion to (i} extend Agency's time to cure, (ii) terminate this Contract effeciive im�nediately upan written notice of such intent to Agency, or (iii} pursue any tither legal rennedies available tfl City under this Contract. 10.3.2 City's remedias may include: 10.3.2.1 Dixect Agency to prepare and follow a sehedule of actions for carrying out the affected activities, consisting of schedules, timetables and milestnnes necessary to irnpleme�t tl�e affected activities. 1Q.3.2.2 Direct Agency to es#abiish and follow a management plan that assigns responsibilities for car�ying out the re�.aedial activzties. 10.3.2.3 Repragram CDBG Funds that have not yet been expended frorn affected activities to other eligible activities or withhald CDBG Funds. 10.3.2.4 Any other appropriate action includir�g hut not limited to any rer�edial action legaIly available such as declaraiory judgment, specific performance, damages, temporaty or pernlanent injunctians, termination of this Contract or any oiher conhacts with Agency, and any o�er available rem�die�. 10.3.3 Tn t�a� ev�nt af termination urider #his �ectio� 10.3, aIl CDBG Funds awaxded but unpaid ta Agency pursuant to this Contract shall be immediately forfeited and Agency sha.�l have no further righ� #o such funds, and any CDBG F�ands already paid to Agency must be repaid to City within 30 days of the termination. Failure to repa� such CDBG Funds within the 30 day period will result in City ez�ercising all legal reinedies available under this Contract. 10.4 No Funds Disbursed while in Breach. Agency understands and agrees that no CDBG Funds will be paid to Agency untiX ali defauIts are cured to City°s satisfaction. CDBG PSA CONTRACT 2014-2415 14 Presbyterian Night Shelter 10.5 No Comnensation Aiter Date of Termination. Agency shall not receive a�ty compe�sation for work undertaken af�er the date of the terrnination. 10.6 Righ�s af Citv Not Affected. Termination shall nat affect ar termir�ate any of the existing right� of City against Agency, or which may thereafter accrue beeause af Agency�'s default and this provision shall be in additian to any and all other rights and remed�es avaiiable to City under the Iaw. Such terminatian does nat terminate any pravisions of this Cantract that have been expressly noted as surviving the term or terminatian of the Cont7ract. No delay or omissian by City in exercising any righ� or remedy available to i� u�der this Conir�ct shall impai� any such right or remedy or can.stitufie a waiver or acquiescence in any Agency defauli. 10.7 Waiver of �reach Not Waiver of 5ubseauent Breach. The waiver of a default or breach of any term, eovenant, or condition of this Contract shall not operate as a waiver of any subsequent default or breach o� the same ar any other term, covenant or condition hereaf. 10.8 Civil, Criminal and Administr�tive Penalties. Failure �o perform aIl the Con�ract terms may result in civil, criminal or administrative penalties, including, but not lirnit�d to those set out in this Contrac�, 10.9 Termination for Cause. 10.9.1 City may term.inate this Cantract in the eve�t of Agency',s default, inability, or fazlure to perfoxm subject to notice, graee and cure periods. In the event Gity terminates this Contract for cause, aIl CDBG Funds awarded bu� unpaid io Agency pursuant to this Contract shall be immediately rescinded and Ag�ncy shall have no further right to such funds and any CDBG Funds al�eady paid ta Agency must be repaid to City within 3a days of fie�rnination. Failure to repay such CDBG Funds witYrin 30 days wi11 result in City exercising a11 legal reinedies available to City under this Contract. AGENCY ACKNOWL�DGES AND AGREES THAT IF CITY TERMINATES THIS CONTRACT FOR CAUSE, AGENCY OR ANY AFFILIATES OF AGENCY SFIALL NOT B� CONSIDERED FOR ANY OTHER CITY CONTRACT FOR CDBG FUNDS FOR A NIINIMUM OF � YEARS N_�I �ZIA/ �I 11:191 i7_1111 �[1�,���7�,T��;� ��1� 109.2 Agency may ternlinate �s Cant�aci i� City does not provide the CDBG Funds substannally in accordance with this Contract. 10.10 Termination for Canvenience. In terminating in accordance with 24 C.F.R. $5.44 this Contract may be terminated in. whole ar in part only as follows: 10.10.1 By City with the consent of Agency in which case the Parties shall agree upan �e terminatian candi�ions, xncluding the e�'fective date and in ihe case oipartial termination, the portion to be terminated; or CDBG PSA CONTRACT 2,014-2015 15 Pr�sbyterian Night Shelfier I0.10.2 By Agency upon at least 30 days writt�n notification to City, setting �arkh the reasons for such termination, the effective date, and 'm ihe case ofpartial termin�tion, the portion io be terminated. In the case of a partial termination, City may termina�e the Contract in its entirety if City detet�nines in its sole discretion that the remaining po�rtion. of the Cantrac# to be performed or CDBG Funds to be spent will �ot accomplish the purpases far which the Coni�•act was made. 10.11 Dissolution of A�encv Terminates Contract. This Contract shall terrninate in the event Agency is dissolved or ceases to exist. In the event of ternunatian wnde:r this Section, all CDBG Funds are subject to repayment andlor City may exercise all o� rts remedies under this Contract. 10.12 Reversion of Assets. In the event this Con�ract is terminated with or without cause, aIl asseis acquirad by Agency with the CDBG Funds ineluding cash, interest payments from loa.ns or ot�erwise, all autstanding notes, mortgages ox other security instruments, any account� receivable athibutable to the use of the CDBG Funds, and any real or personal properEy owned by Agency that was irnproved with the CDBG Funds shall autamatically iransfer to City or to such assign�e as City rr�ay designate. 11. REPAYMENT OF CDBG FUNDS. A11 CDBG Funds are subject to repayrnent in the event xhe Program does not meet tk�e raquirements af this Contract or in the CDBG Regulatiox�s. If Agency takes any actio� that results in the City being �reyuired to repay all or any nortion of the CDBG Funds to HUD, Agency agrces it will reimbur�e City far such repayment. If Agency takes any action that results in City receivin� a�nding from HUD about the Program, whether or not repayment of all or any porhon of the CDBG Funds is reqUired of City, A�ency agrees� it will pay City 14% of the CDBG Funds as liquida�ed damages. The Parties a�ee that Ciiy's damages in the event of either repayment to HL7D being requued ar receiving a fnding from HUD are uncertain and �ovould be difficul� to ascertain and may include an impact on City's CDBG grant or other Federal granfi funds, in addition to the finding by H[JD or a ret�uired repayment of funds to IIUD by City. Therefore, the Parties agree that payment tander this Section of 10% of the CDBG Funds by Agency to City is liquidated damages and not a penalty. 1�. CHANGE IN N�N�PROFTT STATUS. Agency �ust provide City with written notification of any cha,nges to its non-profit status within 15 calendar days of beir�g notifi�d of the change. If the nan-profit statu� of Agency changes aft�r ihe da�e of this Cantract, Czty may bui is not obligatad to, terminate this Contraet. City has 30 calendar days to make such determination after receipt of written no�ice fram Agency and failure to make such deter�nination will constitute a waive�•, In the ev�nt of termination under this Section 12, all CDBG Funds awarded but not yet paid to Agency pursuant to this Cantract sha11 be immed�ately re�cinded and Agency sha11 ha�e no further righi to such £unds. Any CDBG Funds already paid to Agency must be repaid to City within 30 calendar days of termination under this Section. cDaG PsA corrr�cT zo i4-Za z s � 6 Presbyterian Nght Shelter 13. SURVIVAL. Any provision oi this Contract that pertains to auditing, rnonitoring, client income eligibil'zty, record keeping and reports, City ordinances, or applicable CDBG tequirernents, and any default and er�farcement provisions nec�ssar� ta en�oxce such pravisions, sha11 survive the terminati�n of this Con�ract for � years after the Contract term ends and shall be enfarceable by City against Agency. Far purpases of this Contra.ct, this 5 year period for survival of certain Contract pravisions is deemed to begin on October 1, 2015 and end on September 30, 2020 regardless of whether or not this Con�ract is earlier termi�ated. 14. GENERAL PROVISIONS 14.1 Agencv an Ind�nendent Contractor. Agency shall aperate �ereunder as an independent contractor and no� as an officer, agent, servant ar employee of City. Agency shall have exclusive con#rol of, and the exclusi�ve right to contral, the details of the work and services perforrned hereunder, and a11 persons performing same, and sha11 be solely responsible for the acts and ornissions of its officers, members, agents, servants, empIoyees, contractnxs, subcontractors, vendors, clients, licensees ar inviteas. 14.2 Doctrine of Resnondeat Sunerior. The doctrine of respondeat superior sha.11 nat apply a� between City and Agency, or its officers, members, agBI1�S� servants, employees, COritraCtOTS, subcontractars, vendors, C11�T1t5, licensees or invrtees, and nothing herein shall be construed as creating a parkuership ar joint enterprise between City and Agency. City daes not have il�e �egal right to control the details of the tasks performed h�reunder by Agency, xts of�cers, members, agents, employees, contractors, subcontractors, vendors, clients, licensees ar invitees. 14.3 A�encv Pronertv. City shall under no circumstances be responsible far any property belonging to Agency, or its officers, members, agents, employees, contractors, subconiractors, vendors, clients, licensees or invitees that may be lost, stolen or desiroyed or in any way damaged a.nd AGENCY HEREBY INDEMNIFIES AND HOLDS HARMLE5S CITY AND ITS �FFICERS, AGENTS, AND EMPLQYEES FROM ANY AND ALL CLAiMS OR SUITS PERTA.II�TING TU OR CONNECTED WITH SUCH PROPERTY. 14.5 Religious Or�ani�ation. No portian af the CDBG Funds shall be used in support of any sectarian or religious activzty. ��. additian, there must be no religious or membership criteria'for cli�nts of a CDBG- funded service. CDBG PSA CONTRACT 2014-2015 17 Presbyterian Night Shelter 14.6 Venue. Venue shall lie in Tarrant County, Texas for any action, whether real or asserted, at law or in equity, arising o�.rt of the execution, performance, attempted perfarmance ar nan-perfoxmance o� this Contract. 14.7 Governin� Law. This Contract sha11 be go�erned by and construed in accordance with the laws of tlie S#ate of Texas. If any actian, whe�er real or asserted, at lavv or in equity, arises out of the execution, perforrnance or nan-perfor�ance of this Co�tract or on the basis of any pravision herein, for ar�y issue not governed by Federal law, the choice of law shall be the laws of the State af Texas. 14.8 Severabilitv. Th� provisions of this Contract ar� severab�e, and if for any reason a clause, sentence, paragraph ar ather part of this Contract shall b� detertnitL�d to b� invalid by a court or Federal or state agency, board or cornmission having jurisdictivn aver ihe subject matter thereof, such invalidity shall not affect o�her provisions which can be given e�%ct without fhe in�alid provision. 14.9 Written Agreement E�ii�e Contract. This written instrument and the Exhibits, Attachmenis, and Addendums attached hereto, which are incorporated by reference and made a par�t of this Contract for all purposes, constitute the entire agreement by �he Parties concerning the work and servic�s to be performed under this Contract. Any prior or contemporaneou� oral or written agreemen.t which purports to vaty the terms of this Contract shall be void. Any arnendments to the terms af this Contract must be in writzng and e�ecuied by the Parties. 14.10 Para�ranh Headiu�s �nr Re�erence Onl�r, Na Le�al Si�nificance; Nnmber and Gender. � - � ---�-------- -- -- --- The paragraph headings contained herein are for convenience in reference to this Contract and axe not infended to define or to limit th� scope of any pro�ision of this Contract. When contexi requires, singular nouns and pronouns include tk�e plural and the masculine gandar sk�all be deeme� 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 fallo�ved by the words "wi�hout limitation". ] 4.1 ] Cumpliance With All Applicable Laws and Re�ulations. Agency agrees to comply fuily with a.11 applicable laws and regulations that are currently in effect ar that are herea,fter amended during the pe�ozmazxce of this Contract. Those Iaws include, bui are not limited to: ➢ CDBG Regulations found in 24 CFR Part 570 ➢ Tit1e I of the Hausing and Community Developrnent Act of I974, as amended, {42 USC 5301 ➢ Title VI of the Civil Ri�hts Act af I964 (42 U.S.C. Sections 2000d et seq.} including pro�isions requiring recipients of fed�ral assistance to ensure meaningful access by CDBG P5A CONTRACT 2014-20I 5 18 Presbyterian Night Sheltez 8 ➢ ➢ � � 9 ➢ ➢ � � �� ➢ ➢ ➢ person of limited English proficiency The Fair Housing Act, Title VIII af the Ci�i1 Rig�ts Act o� 196$ (42 U.S.C. Seciions 3601 ei seq.} ExecuYive Ordexs 11063, 11246 as amended by 11375 and 12�86 and as supplemented by Department oi Labor regulations 41 CFR Part b0 The Age Discrimination in �mploymeni Aet of 1967 The Age Discrir�ination Act of 1975 {42 U.S.C. Sections b101 et seq.} The Uruforrn Relocation Assistance and Real Praperty Acquisition Policies Act of i970 (42 U.S.C. Sections 4601 et seq. and 49 CFR Part 24) {"URA") Sectiion 504 of the Rehabilitation Act af 1973 (29 U.S.C. Sections 794 e� seq.) and 24 CFR Part 8 where applicable Nationai Enviranmental Policy Act of 1969, as arnended, 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 CIean Water Act af 1977, as amended (33 U.�.C. Sections 1251 et seq.) and the rel�ted Executive Orcier 11738. In na event shall any amount of the assistance provided under this Contraci be utili�ed with respect to a faciliiy that has given rise to a �onviction under the Clean Air Act or the Clean Water Act. Immigration Refoxm and Cantrol Act of 1486 (8 U.S.C. Sections 1101 et seq.) specifically including the provisions requixing emplayer verifications of legal status o� its emplayees The Americans with Disabilities Act of 1990 (42 U.S.C. Sections 12101 et seq.}, the Archiiectural Ba�rriers Act of 1968 as amended (42 U.S.C. Sections 4151 et seq.) and the Uniform Federal Accessibiliiy Sta�daxds, 24 CFR Part 40, Appendix A Regulations at 24 CFR Part 87 ralated to lobbying, in.cluding the requiremeni that certificatio�s and disclosures be obtained from a11 co�ered persons Drug Free Wox�place Acf o� 1988 (41 U.S.C. Sections 701 et seq,} and 24 CFR Part 23, Subpart F Executive Order 12549 and �4 CFR Pa�rt 5.105(c} pertaining to resirictions on participation by ineligible, debarred or suspended persons or ez�tities Section 6002 of the Solid Waste Disposal Act, as amended by the Resaurce Conservation and Reco�ery Act ➢ Guidelines of the Environrriental Protection A�ency at 40 CFR Part 247 ➢ For contracts and subgrants for eonstruction or repair, Copeland "Anti-Kickback" ac� (18 U.S.C. 874} a� supplemenfed in 29 CFR Part 5 ➢ For construction contrac�s awarc�ed by Agency in excess of $2,000, and in excess of $2,500 for other contracts which invo�ve the employz�►�.ent of inechanics or Iabarers, 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 A Lead-Based Paint Poi�oning P;reve�tion Act (42 U.S.C. 4841 et seq.}, as arnended by the Residential Lead-Based Paint Hazard Reductio�t Act of 1992 (42 U.S.C. 4851 et seq.) and implerrienting regulations at 24 CFR Part 35, subpaxts A, B, M, �nd R ➢ Uniform Administz�afiian Requirernents of 24 C�'R Part SS CDBG PSA CONTRACT 2D14-2015 19 Presbyterian Night Shelter 14.11 HUD-Assisted Proiects and Emnlovment and other Economic �nnortunities; Section 3 Reauirements. 14.11.1 Reauirement that Law Be �uoted in Cavered Co�i �racts. -- Certain Reauirem�ents Pertai��n� to Section 3 of fhe Housing and Urban DeveIonment Act of 1968 as Amended (12 U.S.C. Sectians �701 et seQ.) and its Related Re�ulations a� �4 CFR Part 13�. If the Prograrn results in the creation af new emplayment, training, or contracting oppartunities an a contaractor or subcontractor level resulting from the expenc�iture of the CDBG Funds, Agency shall comply with the following and will ensure that its contractors also carnply. If the work performed under this Coniract is on a projact assisted under a program providing direct I��deral fnancial assistance fra�n HLJD, Section 3 af 24 CFR 135.38 ("Section 3"} requires that the folkowi�g clause, s�iown in italics, be inserted in a11 covered cantracts ("Sectian 3 Clause"): Section to be c�Uoted in covered contracts begins: "A. The work to be performed under this coniract is subject to the requi�ements of Section 3 of Housing and U�ban Deuelopment Act of 196&, a.r amended, 12 U. S. C. sectio� I701 u(5ection 3}. The pa�rpose of Section 3 is to ensure ihat employrraent a�ad other econornac oppo�-tuniiies gener�aied by HUD assisted or hrUD-assisted pr�grcams covet�ed by Seciian 3, shall to the g�-eatest extent feasihle, be df�ected to low- and very�-low income persons, particularly persans wha a�e recipients afHUD assistance for housing. B. The parties to this conl�aci ag�ee to comply with HUD's regulc�tians rn 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this cont�act, the pa�ties to this contract ce�tify that they a�e urtder no contr�actual or oiher impedi�raent that would prevent them fi°om conzplying with the Pa�t I35 regtclations. C. T�ae contractor ag�ees to send to each labo� organizataon or r�epresentative of wor�e�s with which it has a calleciive bc�gainirxg agreement o� other unde�sianding, if any, a notice advising the labo� organization o� worker.�' rep�-esentatives of the contractor's commitments under this Section 3 clause arad will post copies of the notice in conspicuous places at the wo�k sate whe�e both employees and applicants for trainirag and employment pasztions can see th� notice. The notice shall describe the Section 3 pYefe�ence, .shall set , farth �ninimum nurr�ber� �xnd job ttlle�s sul�ject to hire, availability of app�entice and training po�itions, the q�alifications fot� each; and the name and locatian of the pe�son(s) taking applicatia�as for each of the �ositaons; and the ar�ticipcated date the work shall begin. D. 7�'he eantractor agrees that it �vill include this 5ectian 3 clause in every subcontr�act to comply with regulatfon in 2� CFR Part I35, and ag�ees to take ap�ro�riate actian, as pravided ira an appZicable pr^ovisian af the subcontract or� in this Section 3 clause, upon finding that the subcontractor is in viodation af the regulations in 24 CFR Part 135. The contt�actor will not subcontract with any subcontractor where it has notice o� knowledge th�rt th� subcontractoY has been CDBG PSA CONTRACT 2014-2015 20 Presbyterian Night Shelter found in vaolation of �egula�ions in 24 CFR Pa�t 135. E. T'he contractor will ceYtify that any vacant employme�t positions, including training positiotas that are filed: (1) afier the cont�actor as selected but. l�efore the cont�act is execu%d, and (2} with persons other than those to whom the regulations of 24 CFR Pat-t I35. The cant�acto� �rill not subcont�^act with c�y subcant�actor where it has natice o� k�aowledge that the subcont�acta� has heen faund in violation of regulatians in 24 CFR 135. F. Noncomplianee with HUD's r�egulcrtian in �4 CFR Part 135 snay result in sanctions, ter�mination af this cont�act far default, and deba�ment or� suspenszon f�om future HUD assisted contracts. G. With r�espect to wa�k pe�fo�^rrted in connection with Section 3 cove�ed Indaan housi�ag assistance, .�ecifon 7(b} of the Inclian Self-Determinaiion and Education A�sistance Act (25 U.S.C. S�ctinn 450e) also applies ta the wo�-k to be perfarmed under this Cont�act. 5ection 7(�i� r�equi�es that ta the greatest extent feasible (i) prefer�ence and apportunities for tt-aanang and employ�nent shall be given to Indians, and (ii) prefer�ence an the awa�d of cont�acts and subcontract,� shall be given to Iradian oYganizatzons and Indian-awned Econo�nic Enterpri.ses. Parties to this contract that a�e subject to the p�-ovasions of Section 3 and Sectian 79b) ag��ee ta comply wath Sectzon 3 to the maximum extent feasible, but nat in der�ogation of compliance waih Sectian 7(b). " Section to be quoted in co�ered contracts ends. 14.11.2 At�encv Responsibi�ities for Section 3 Requirements. City and Agency understand a�d agree �at compliance vv�th the provisions o� Sectian 3, the regulations set forth in 24 CFR Part 13 5, and a�l applicable rules and orders of IIUD sha11 be a condxfion of ihe Federal financial assistance provided to �he Program binding upon City and Agency and fiheir respective succ�ssors, assigns, contractors and subcontractors. Failure to fulfill these requirements shall subject Agency and its contractors and suhcontractors and their respective successors and assigns to ihose sanctians specified by the grant agreement tlu•ough which Federal assistance is provided and to such sanctions as are specified by 24 CF'R Part 135. Agency's responsibilities include: 14.11.2.1 Implementing procedu�res ta notify S�ction 3 residents and bu�iness concerns aboui training, employment, and contracting opportunities generated hy Section 3 covered assistance; 14.11.2.2 Notifying potential contractors working an Section 3 cavered projects of iheir responsibilities; 14.11.2.3 Facilitat�ng �.e tra.ining and amployment of Section 3 reside�ts and the award of �ontracts to Section 3 busin�ss concerns; 1�.11.2.4 Assisting and actively coopera�ing with fihe HED Department in makir�g contractors and subcontractors comply; 14.11.2.5 Refraining from enterin.g iz�to eantracts with contractors that are in CDBG P8A C�NTRACT 2014-2015 21 Pj•esbyterian Night Shelter viaiatinn af Section 3 regulations; 14.11.2.6 Dacumenting actians taken to comply with Section 3; and 14.11.2.7 Submitting Section 3 Annual Sumrnary Reports (For�z�. HUD- 60002) in accordance wi�tl� 24 CFR Part 135,90. 1�.11.3 Sec�ion 3 Renorting Reguirements., In order to cQmply with the Section 3 requirements, Agency nzust submit the forms attached hereto as Exhibit "G" � Section 3 Reporfing Forms. � 14.11.3.1 Report ta the City on a quarteriy basis all applicants for emplo�rnent, and a11 applicants for employment by contractor and subcontractor. This shall include name, address, zip code, date of - applicatiQn, and status (hired/not hired) �.s of the date of the report. 14.11.3.2 Advertise available positions ta the public for open competition, and provide documentation to City with the quarterly re�ort that demonstrates such open advertisement in t�.e form af printout of Texas Workforce Comrnis�ion post�ng, copy of taewspaper advertisement, capy af flyers and li�ting of locations where flyers were distribuied, and the 1ike. 1�.11.3.3 Repart ta the City on a quarterly basis all contracts awarded by con�ractor and subcos�tractor. Tbis shall include name of contractor and/or subcontractor, address, zip code, and amount of award as of the date of the report. 14.12 Prohibitian A�ainst Di�criminatznn. 14.12.1 Generai Statement. Agency shall comply in the executian, performance or attempted performance of this Contract, with all non-discriminatian requiaremenfs af 24 CFR 570.&07 a.nd Chapter 17, Article III, Division 4— Fai� Housing of the City Code. Agency may not discriminate ag�inst any person becaus� of race, colar, sex, gender, religion, national origin, f�.milial status, disability or pexcezved disability, sexual arientation, gender identity, gend�r expression, ar transgender, nor will Agency permit its officers, members, agents, employees, ar c�ients ta engage in such discrimination. Thrs Contract is made and entered inta with reference speciiically to Chapter 17, Article III, Division 3- Employrs�ent Praciices of fihe City Code, and Agency hereby cavenants and agrees thai Agency, its officers, member�, agents, employees and contractars, have fiiIly complied with all provisions of same and that no employee, ar �pplicant for employmen� has been discrinainated against under the terms of such ordinances by �ither or its off cers, members, agents, em�loyees or contracfors. CDBG PSA CONTItACT 2014-2015 22 4'resbyterian Night Shelter I4.12.2 Na Discrim�nation in Emnlovment durin� the Per�oxmance of This Contract. During the performance of this Contract Agency agrees ta tlie following provision, and will require that its contractors and subcontractors also comply with such provisian by including it in all cantracts witb its contractors: [Contractor's, Subcont�acior's a� Vendor's name] will not unlawfully discrimi�ate against any employee or applicants for employme�t because of race, eolor, sex, gender, religion, national arigin, famiiial status, disability or perceived disabilit�, se�ual orientation, gender identity, gender expression or transgender. [Cani�acto�'s, Subcontr^actor�'s or Vendar's nrxrrae]will ta�e affii�native action to ensure that applicants are hired without regard to race, calor, sex, gender, religion, national origin, familial status, disability or perceived disability, sexual orientation, gender identity, gender expression ar transgender and that employees are treat�d �aarly duz�in.g employmer�t without regard to their race, color, sex, gender, religion, national origin, familial sta.ius, disability or pexceived disability, sexual orientation, gender identity, gender expression or transgender. Such action shall include, but not be limited to, th� foIlowing: employment, upgrading, derr�otion ar transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including appreniiceship. [Cont�acto�'s, Subcontractor's a� Yendo�'s name� agrees �a post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. [Contracto�'.� Sz��ieont�actor'� or TjendoY's name] will, in aIl solicitations or advertisements for �mploye�s placed by or on behalf of [Contractor's, Subcontr�acta�'s o� Vendor's nqme], state that all qualified applicants wi11 receive consideration for ennployment w�ithout regard to race, colar, sex, gender, relxgzon, national origin, familial status, disability or perceived disability, sexual orientation, gender identity, gender expression ar �ransgender. [ContYactor's, S2�bcantracto�'s a� Yendo�'s name] covenants that neither it nar any of its officers, members, agents, employees, or contractors, whil� engaged in performing this Contract, shall, in connection wi�h the employment, advancement ar discharge of employees or in connection with the terms, eonditions or privileges of their employYnent, discrirninate against persons because of their age or because of any disability or perceived disability, excepfi on the basis of a bona fide occupational qualzfication, retirement plan or sta.tuto�y requirement. [Cant�actar's, Subconiracto�'s or� Vendo�'s name] further covenants that neither it nor its afficers, members, ageats, emplayees, contractors, or persons aciing on their behalf, shall specify, in solicitations or advertisements %r employees to �vork on this Contract, a maximjam age Iimit for such employment unless the specif ed rziaximum age limit is based upon a bona fide occupational qualification, retirement plan or statutory requirernent. 14.12.3 A�ez�cv's Cot►tractors and the ADA. In accordance with the provisions of �kie Americans With Disabili�ies Act of 1990 ("ADA"), Agency warra�ts that it and any of its contracta:rs will not unlawfully discriminate on the basis of disability in ihe provision of services to the general public, nor in the availabiliiy, terms and/or condxtaons af employment far applican�s for employment wit�, or employees of, CDBG PSA CONTRACT 2D14-2015 23 Presbyterian Night S�elter Agency or any of its contractors. AGEI�TCY WARRANTS IT WILL FULLY COMPLY WITH 'T�� ADA'S PROVIS�ONS AND ANY OTHER APPLICABLE FED�,RAL, STATE AND LOCAL LAWS C�NCERIVING D�SABILITY AND W`ILL DEFEND, INDEMNIFY AND HOLD CITY IIARMLES� AGAINST A1�iY CL�MS OR ALLEGATIONS ASSERTED BY TH1RD PARTIES, COlvTRACT�RS Si1BCONTRACTORS, VENDURS OR AGENTS AGAINST CITY ARISING OUT OF AGENCY'S ANDIOR ITS CONTRACTORS', SUBCONTRA.CTORS', VEll�DORS' OR AGENTS' OR THEIR RESPECTTVE EMPL4YEES' ALLEGED FAILURE TO COMPLY WITH THE ABOVE-REFERENC�D LAWS CONCERNING DISABILITY DISCRIMINATION IN THE PERFORMANC� OF THIS CONTRACT. 14.13. Prohibition A�ainst Interest / Conflict of Interest. 1�.13.1 Agency shall establish safeguards to prohibit its ernployees, boa�rd me�nbers, advisors and agents from using positians for a purpose that is or gives the appearance of being rnotivated by a desire for privaie gain for thernseives or others, particularly those with whom they have fam�ily, business or other ties. Agency shall disclose to City atay such confiict of in�erest or potential conflict o� intexest, immediately upon discovexy of sueh. 14.13.2 No employees, agents, consultants, off cers or e�ected afficials or appointed officials o� City or af Agency who exercise or have exercised any functions or respansibilities with respect to activYties assisted with CDBG �unds or who are in a position to participate in a dccisio�-making process or gain inside information with regard io fhese activities may utilize CDBG services, may obtain a financial interest or benefit from a CDBG-assisted activity, or have an interest in any contract, subcontract or agreement with respect thereto, or the praceeds thereunder, either for themselves ar thase with whom they have family or business ties, during their tenure ar for 1 year thereaftex, unless they are accepted in accordanee wi�h the procedures sei forth at 24 CFR 570.611. 14.13.3 Agency affirms tliat it vvill a�ere to the pravisions of the Texas Penal Code which prohibits bribery and gifts to public servants. 1�.13.� The conflict af interest pro�isions of 24 CFR Part 85.3b and 2� CFR Part 84.42, respectively, shall apply in the procurement of proparty and services by Agency. In all cases not governed by those Sections, the provisions of 24 CFR 570.611 of the CDBG Regulatians shall applp. 14.14 Subcont�-acting witl� Small and Minoritv Firms, Women's Business Enterprises and Labor Surnlus Areas. 14.14.1 For procurernent cor�tracts $50,000.00 or larger Agency agrees to abide by City's policy to invalve Mi�ority Business Ent�rprises and Srnall Business Enterprises and ta provide therri equal opportunity to compete for contracts far canstt�uctian, provision of professional seivices, purchase of equipment and supplies and pxovision a� other services required by City. Agency agrees to incorporate the City's BDE Ord�nance, and alI amendments or successor policies ar ordinances thereto, into all contracts and subconhacts for procurement CDBG PSA CONi'RACT 2014-2015 24 Presbyterian Night Shelter larger than $SO,OOQ.�Q or larger and will further require aIl persons or enti�ies wi�h which it so can�racts to comply with said o:rdinance. 14.14.2 It is national palicy to awaxd a fair share of eantracts to disadvantaged business enterprises ("DBEs"), small business enterprises ("SBEs"), minority business enterprises {"MBEs"}, and women's business entezprises ("WBEs"}. Accordingly, affirrnative s�eps must be taken to assure that DBEs, SBEs, MBEs, and WBEs are utiiized when possihle as sources of supplies, �quipment, construction and services. 14.1 S Othcr Laws. The failure to Iist any Federal, state ar Czty ordinazice, Iaw or regula�ian that is applicable ta Agency does not excuse or relieve Agency from the requirements or responsibilities in rega.rd to following the law, nor from the consequences or penalties for Agency's failure to follow the law, i� applicable. 14.16 Assignment. Agency shall not assign all or any part af its rights, privileges, or duties under this Contract witho�t the prior wrztten approval of City. Any a�tempted assignment of same wiihout approval shall be void, and shall constitute a breach of this Contract, 14.17. Ri«ht to Ins�ect Agencv Contracts. It is agxeed that City �as the right to inspect and approve in writing any proposed contracts between Agency and any contractor or vendor engaged i.zz any activity in eonjunc�ion with tl�is CDBG-funded Prograrn prior to any charges being incurred. 14.18 Foarce Maicu�rc If Agency becomes us�able, either in whole nr part, ta ful�ll its obligations under this Contract due to acis of God, strikes, Iockouts, or other industrial disturbarzces, acts af public enemies, wars, blockades, insurrections, riots, epidernics, earthquakes, fires, floods, restraints or prohibitions by any court, boaxd, depa�nent, commission or agency of t�e United States or of any States, civil disturbances, or explosions, or some other reason beyond Agencq's controi (col�ectively, "Farce Majeure Event"}, the obligations so affected by such Force Majeure Event will be suspended only during the cantinuance of such event. Agency will give City written notice of the existence, e�ten� and nature o� the Farce Majeure Event as soon as reasona�aly possible after the oecurrence �f �he event. Failure to give notice wi11 xesult in the continuanee of Agency's obligati�n regardless of the extent of any existing Force Majeure Event. Agency will use commercially reasonab�e effoxts to reinedy its inability to perforrn as soon as possible. 1�. INDEMNIFICATION AND R�LEASE. AGENCY C�V�NANTS AND AGREES TO INDENiNIFY, HOLD HARNIL�SS AND D�F�ND, AT ITS OWN EXPENSE, CITY AND ITS OFFICER�, AGENTS, SERVANTS AND EMPLOI'�ES FROM AND AGAINST ANY AND ALL CLA1M5 OR SU�TS F�R PROPERTY LOSS OR DAMAGE ANDIOR PERSONAL INJURY, YNCLiIDING DEATH, TO ANY AND ALL PERSOl�TS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR AS�ERTED, ARISiNG OUT OF OR IN CDBG PSA CONTRACT 2014-2Q15 25 Presbyterian Night Shelter CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE OR NONPERFORMANCE �F THIS CONTRACT AND/OR THE OPERATIONS, ACTTVITYES AND SERVICES OF THE PR�GRAM DESCRIBED HEItEIN, WHETHER OR NOT CAUSED TN WHOLE OR IN PART, BY ALLEGED N�GLIGENC� OF OFFICERS, AGENTS, SERVANTS, EMPL�YEES, CONTRACTORS OR SUBCONTRACT�RS �F C�TY; AND AGENCY HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY OF CITY AND ITS OFFICERS, AGENTS, SERVANT5, AND EMPLOY�ES FOR ANY AND ALL CLAINIS OR SUIT� FQR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY, INCLUDII�G DEATH, TO ANY AND ALL PER�ONS, OF WHATSOEVER KINI)S OR CHARACTER, WHETAER REAL �R ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE �R NONPERFORMANCE OF THIS CONTRACT ANDIOR THE OPERATIONS, ACTIVITIES AND SERVICES OF THE PROGRAM DESCRIBED HEREIN, WHETHER OR NOT CAUSED IN WHOLE �R IN PART BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS OF CITY. AGENCY LIKEWISE COVENANTS AND AGREES TO AND DOES HEREBY INDEMNYFY AND HOLD FIARMLESS C�TY FROM AND AGAINST ANY AND ALL INJURY, DAMAGE OR DESTRUCTION OF PROPERTY OF CIT'�, ARIS�NG OUT OF OR IN CONNECTION WITH ALL ACT� OR OMIS�IONS OF AGENCY, ITS OFFICERS, M�MBERS, AGENTS, EMPLOY�ES, CONTRACTORS, SUBCONTRACTORS, IN VITEES, LICENSEES, OR CLIENTS, OR CAUSED, IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CQNTRACTORS OR SI7BCOl�TTRACTORS OF C�TY. IT IS TI� EXPRESS INTENTI�N OF THE PARTIE�, BOTH AGENCY AND CITY, THAT TI� IND�MNITY PROVIDED FOR THIS SECTION INCLUDES INDEMNITY BY AGENGY TO INDEMNIFY AND PROTECT CITY FROM THE CONSEQUENCES OF CiTY'S OVVN NEGLIGENCE, WHETHER THAT NEGLIGENC� IS ALLEGED TO BE THE SOL� OR CONCURRING CAUSE OF TAE �N.TURY, DAMAGE OR DEATH. AGENCY AGREES TO AND SHALL RELEAS� CITY, ITS AGENTS, EMPLOYE�S, OFFICERS AND LEGAL R�PRESENTATIVES FROM ALL L�ABILITY FOR INJURY, DEATH, DAMAGE OR L�SS TO PERSONS OR PROPERTY SUSTAINED IN CONNECTION WITH OR INCIDENTAL TO PERFORMANCE UNDER THIS C�NTRACT, EVEN IF THE TNJURY, DEATH, DAMAGE OR LOSS IS CAUSED BY CITY'S SOLE OR CONCURRENT NEGLIGENC�. AGENCY SHALL REQUIRE ALL OF ITS CONTRACTORS AND SUBCONTRACTORS TO INCLUDE IN THEIR CONTRACTS AND SUBCONTRACTS A RELEA�E �ND INDEMNIT� IN FAVOR OF C�TY IN SUBSTANTIALLY THE SAME FORM AS ABOVE. CDBG P5A CONTRACT 2014-2Q 15 26 P`resbyterian Night Shelter 16. WAIVER OF IMMUNITY BY AGEli�CY. I� Agency, as a charita.ble or nonprof t organization, has or claims an immunity or exemption (statutory or athez�wise} from ar�d agai�st liabi�ity far damages or injury, including death, to persons or property, Agency hereby expressly waives its rzghts ta plead defensively such immunity or exemption as against City. This Section shall not be construed ta affect a gavernmental entity's immunities under constitutional, siatutory or common law. 17. INSURANCE AND BONDING. Agency will ma.intain coverage in the form of insurance or bond in the amount a� $2,000.00 to insure against loss frorn �he fraud, thef� ar dishonesty of any of Agency's off cers, agents, trustees, directors ar employees. The proceeds of such insurance or bond shall be used to reimburse City for any and all loss of CDBG Funds occasioned by such miscanduct. To ef�ectuate sucl� reimbuxse�nent, such fidelity coverage shall include a rider stating that reimbursement for any lo�s or losses shall z�ame the City as a Loss Payee. Agency sha11 furnish to City in a timeiy manner, but not later thar� the EfFective Date, certif cat�s af in�uranc� as proof that it has secured and paid for policies of coznmercial insurance as specified herein. If City has not received such certificates by the Effective Date, Agency shall be in defauIt oi�he Con.tz�act and Cxty may, at its option, terminate tha Con�t•act. �uch insuranee sha1l cover a11 insurable risks incident to or in connection with the execution, per�or�ma.nce, attempted performance or nonperformance of this Gontract. Agency shall maintain, the following coverage and Iimits thexeaf. Commercial General Liabilitv �CGL� Insurance $500,�00 each accurrence $I,OOO,OOQ aggregate li�it Non-Profit Or�anization Liabilitv or Directors & Officers Liabilitv $1,00O,OOQ Each Occurrence $1,OOQ,OOQ Annual Aggregate Limi.t Business Automabile Liability Tnsurance $1,400,Ofl0 each accident on a comhined single-iirnit basis, or $ 250,Q00 Property Da�age $ 500,400 Bodily Injury per person per occi.u�rence $2,000,000 Aggregate Insurance policy shall be endarsed to cover "Any Auto", defined as autos owned, hired, and nan-awned. Pending avaiiabiliiy oithe above covera�e and at the discretion of City, the policy shall be the prinnary respondir�g in�urance palicp versus a Personal auto insurance policy if or when in the course of Agency's business as contracted herein. CDBG PSA CDNTRACT 2014-2015 27 Pres6yterian Nigh4 Sl�elter Work�rs' Com�ensation Insurance Part A: Statutory Limits Part B: Employer's Liability $100,000 each accid�nt $100,000 disease-each employee $SQO,D00 disease-policy Iimit Note: Such insurance shall cover employees pearforming work on any and all projects including but not Iimited to construction, demolition, and rehabilitatian. Agency or it� contractors shall maintain coverages, if applicable. In the e�ent the respective contractars do nat rnaintain coverage, Agency shal! ma.intain the coverage on such CO�l.fi'�C�QT, if appiicabie, for each applicable contract. Additional Requirements Such insurance amaunts shall b� revised upward at City'� reasonable option and no more frequently ihan once every l.2 months, anc� Agency shall revise such amounts within 30 days following notice to Contractor of such requirements. Agez�cy will submit ta City documentation that it has obtained insurance cQverage and has executed bonds as required in this ContraCt prior ta payment of a.ny monies pro�ided hereunder. Where applicable, insurance policies required herein shall be endor�ed ta inelude City as an additional insured as its znterest may app�ar. Additional insured parties shall include employees, officers, agents, and volunteers o� City. Any failure an pari of City ta req�est certificate(s) of insurance shall not be construed as a waiver of such requixement ar as a waiver of the insurance requirements themselves. Insurers of Agency's insurance palicies shall be licensed to do business in the state of Texas by the Department of Insurance or be otherwise eligii�le and authorized ta da business in the state of Texas. Insurers shall be acceptabie to City insofar as their financial sirength and solvency and each such company shall have a cuxz•ent minim�m A.M. Best Key Rating Guide rating of A-: VII or oth�r equivalent insurance industry standard rating othezw:'tse appro�ved by City. Deductible lina.its �n insurance policies shall noi exceed $5,000 per occurrence unless otherwise approved by Ciiy. In tl�e e�ent #here are a.ny local, federal or other regulatory insurance or banding requirements for the Program, a�d such requirements exceed those specified herein, the forrnex shall prevail. Agency shaIl require its contractoxs to maantain applicable insurance covera�es, limits, and othex xeq�irements as ihose specified her�in; and Agency shall require it� contractars to provide Agency with certificate(�) of insurance documentin� such coverage. Alsa, Agency shall require its contractors to have City and Agency �ndorsed as additional insureds �as their interest may appear) on their respective insurance policies. CDBG PSA CONTRACT 20 ] 4-2015 28 Presbyterian Night Shelter Directars and Ofiicers Liability coverage shall be in force and may be provided on a claims- rnade basis. Tiiis coverage may also be r�f�rred to as Mana�ement Liability, and shall protect the insured against claims arising out af alleged errors in judgment, lareaches of duty and wrongful acts arising out of their organizationai duties. Coverage sha.11 protect not only the entity, but all pasi, pxesent and future directors, officers, trustees, employees, volunteers and commiitee members. 18. CERTIFICATION REGARD�NG LOBBYING. The undersigned xepresentative of Agency hereby certifies, to ihe best o� his or her knowledge and belief, that: No Federal apprapriated funds have been paid or will be paid, by or on behalf of Agency, to any pe:rson far influencing or attEmpting to influence an officer or emp�oyee of any agency, a member of Congress, an o�f cer or employee of Congress in connection with the awarding of any Federal contract, the rnaking of any Federal grant, the rnaking of any Federal loan, �e entering into of arry cooperaiive agreernent and tl�e Extens'ron, continuation, renewal, arnendment, or mtidification of any Federal cantract, grant, loan or cooperativa agreement. If any fi�ds other than fedez�ally appropriated fiands ha�e been paid or will be paid to any person for influencing or attempting ta influence an officer or emploqee af any ag�ncy, member of Congress in connection with this Federal coniract, grant, loan or coopexative agreement, Agency shall complete and submit Standard Form-LLL, "Disclosure Fornn to Report Lobbying," in accordance with its instructions. This eertification is a rnatexzal representatio� of fact upon which reliance was placed when this Contract was made ar entered into. Submission of this certificate is a prerequisite for rnaking or entering in�o this Con�ract imposed by 31 U.S.C. Section 13�2. Any person w�o �ails to file the required certiftcation shall be subject ta a civil penalty of not less than $10,000.00 and nat more than $100,000.04 for each such fa�iluxe. Agency s�a.11 require that the language of this certifieation be ineluded fn all subcontracts ar agreements involving the expenditure of Federal funds. 19. LITIGATION AND CLAIMS. Agency shall give City irnmediate noiice in vv�iting of any action, inciuding any proceeding before an adrninistrative agency, filed against Agency in conj�ctaon with this Contract or the Program. Agency shall furnish immediately to City copies of a11 pertinent papers received by Agency with respect to such action or clairn. Agency shall provide a notice �o City within 10 days upon filing under any bankruptcy or financial insolvency provisxan of 1aw. CDBG PSA C(3NTRACT 2014-2015 24 Presbyterian Night Sheiter �o. NoTzc�. All natices required or �ermitted by �his Coniract must be in writing and are deemed delivexed on the earlier date of the dafe actually received or the thi�d day following deposit in a United Sfiates Postal Service post ofFice or receptacle; with proper posiage, certified mail return receipt requested; and addressed to the other Party at the address set out belaw or at such other address as the receiving Party designates by proper notice to the sending Party. Ci : City Attorney's Office 1000 Throckmorton Street �'ort Worth, TX 76102 Tel�phone: 817-392-760fl Copy to: Housing and Economic Dev�lopment Departm�nt 1Q00 Thrackmortan Street Fort Worth, TX 76102 Attention: Assistant Director Telephone : 8 I 7- 3 92-75 40 Copy to: Housing and Ecanomic Development Depat�trnent 1000 Thr�ckmorton Street Fort Worth, TX 7G102 Aitenti�n: Program Coordinaior Telephone: 817-3 92-b� 42 A�encv: Presbyterian Night Shelter Toby Owen 2400 Cypress S�'eet Fort Woxfh, TX 76113 Telephone: 817-53 2-7405 21. AGENCY HAS LEGAL AU 1'HORZTY TO ENTER INTO CONTRACT. Agency ��epresents that it possesses the legal au�hority, pursuarzt io a�y proper, apprapriate and o�'icial motion, resoluiion ar action passed or taken, to enter into ihis Contract and to perform the responsibilities herein r�quired. �2. COUNTERPARTS. This Contract may be executed in muitiple counterparts, each of which sha1l be considered an original, but aIl of which shall constitute one instrument which may be sufficiently evidenced hy o�e counterpart. CDBG PSA CONTRACT 20 i4-2015 30 Presbyterian Night Shelter [SIGNATURES APP�AR ON NEXT PAGE] CDBG PSA CONTRACT 2014-2015 31 Preshyterian Night Shelter IN WYTNESS WHEREOF, the Parties hexeto have execu#ed 4 duplicate originals af this Contract in Fort Workh, T ATTEST: — �i� ' +� '��� / ,, � i i Secret M&G: C-26893 Date: August S, 2014 APPR VED AS TO FORM ND LEGALITY: . , � , ����-- Assistant City A�torney OF F�RT WORTH 9 ��,� nrbsl+'�"' �-) emando Costa, Assisfiant City Manager PRESBYTER��N 1�TIGHT SHELTER By: ,�i �c�-� Name: `�a�a y b t,�i � � � Title: �/� � STATE OF TEXAS § CDUNTY OF TARRANT � �fy This instrument was acknowledged b�fore me on �V�l� �, `1'j , 2014 by Fernando Costa, Assistant City Manager of the City of Fort Worth, on be�ialf the City of Fart Waz�h. ..�-I11,fI11i. � � i� �� � �� i i i .� : �`� ��,.; LINDA M, HIRF�L{N��A '"� �"= MY COMMI�SIC}�! EXPIRES - "'�,.v;,+„�*' F66tuary �, 2010 ` =���-•,�+����.;:a;.�-.. _ _ - a ,- ' ��n�� � � � `� �i,llJ�fi. -f� Notary Pubhc, State of Texas STATE OF TEXAS § COi]NTY OF TARRA�IT § This inst�ument was aclazawledged before me on C�C"�a3c�-- :�' , 2014 by � a��' the .�'� of ��arg�P-����.�, a Te�as non-profit corpo ation, on behalf of said corporation. ��� / Y��X r 1 ���'� � Notary P�tblic, State o� Texas t�F'�'I�f� ���M��� �i�'�' ��4�����.' � ����� �� CDBG PSA CONTRACT 2014-2015 Fresbyterian Night Shelter P � MARTNA J HILL My Commissfon Expires � August 31, 2015 � �A1�pF�E'� , 32 EXHIBITS: Exhibit "A" —Pro�ram Summary Exhibit "A-1" — �014 HiJD Yncame Limits Exhibit "B" — Budget Exhibit "C" — Audit Certification Form Exhibit "D" — Reimbursement Forms Exhibit "E" — Form of Income 5elf-Certification Exhibit "F" — Standards for Complete Dacuimentation Exhibit "G" — Section 3 Reporting Forms Exhibit "H" -- Severely Disabled Certification Form CDBG PSA CONTRACT 2014-20I 5 33 Presbyterian Night Shelter PRESBYTERIAN NIGHT SHELTER Shelter Based Case Management and 5ervices PROGRA,M SUMMARY Community Development Block Grant (CDBC'i) October 1, 2q14 to September 30, 2015 PERiOD PROGRAM: $82,000.00 AMOUNT The Prograrn will expand case management services for homeless persons in the emergency shelter, to help them find housing, employrnent, and support services to inerease seif-sufficiency. GDBG funds wilI be used to pay fox s�Iaries a.nd fringe benefits for two additional case managexs. Program services will be a�ailable at 2400 Cypress Street, Fort Worth, TX 761 p2. The shelter provides services 24 hours a day, 7 day� a wee�, and 365 days a year. REGULATORY CLASSIFICATIQN: IDIS Ma�rix Code(s) and Service Category: 05 Other Public Services National Objective Citation: LNIC Low/Mod Limited Clientele 24 CFR 570.208(a){2} Regulafory Citation(s}: 24 CFR 570.201(e) Based on the nature o� the ser�ice provided, Agency w:ill maintain documentation that verif es 1�0% of clients served by the Progiram are Homeless Persons per the Presumed Benefit CDBG c�ientele category and therefa�re are at or below $0% of Area Median Income {AMI) as established or defined by the United States Departrnent af Housing and Urban Development (HUD}. PROGRAM GOALS: Provida Prograin ser`vices ta approximately 950 Unduplicated Clients. EXAIS�T ��A" PROGRAM SUMMARY CDBG PSA CONTRACT 2014-201 S—�XHIBIT "A" -- FROGRAM SllMMARY Presbyterian Night Shelter 30% ANLI SD% AMI I 80% AMI EXI�IBIT "A-1" �414 HUD Income Limits 2014 Median Family Income - Fort VL�orthlArling�on, TX* 1 Person 2 P�rsons 3 Persons 4 Persons 5 Persans 6 Persons $13,850 $15,800 $19,79� $23,850 $27,914 $31,970 $23,050 $26,35Q $29,650 $32,900 $35,550 $38,200 $36,900 $42,150 $47,400 $52,650 $56,9�0 $61,100 * Income Limits are estal�lished and published at Ieast annually b� HiJD CDBG PSA CONTRA.CT 2014-2015 —EXIIIBIT "A-1"-2014 HUD INCOME LIMITS Presbyterian Night Shelter 7 Persons $36,03Q $�0,$00 $65,300 8 Persons � $40,09D $43,450 $69,500 0 N�;� � �� t fl�iia: : ILIIl�y �.— � � .►I)MIN�R7T�.t'I'IVC ll101`1Y,1 ONL3'j � 5altuics � FiCA � Life Insurance � Health Insurance Disabilify Ins«rance Unemployment-StaEe Accounting TQTAL ADMIl�iIST'RATIV� EXPEI�'S�+$ % Administrative Cost rixoci�n�i ��:rxsan'�lEL � Salaries � FICA E Life Insurance Health Insurance UnemploymenY � Wor3cer's Compensatian � Itetirement { Rj1Pi`�.IEFi �t��l1} SERNC'i�:S. — Office Sup�lies O�ce Eqwpment RenYal Pasta�e Prinring hil4C f �, I.�Al� �:{]�2i � Construction/Building Matennls (onEy 12EACH) Contract Labor {City needs eopy of contract before expenses can be reimbursed} � Craft Supplies � Field Trip Admissian Expenses �Other Fieid Trip �xpenses (if preapproved by City) � Food Suppiies � Teaching Aids I+A(.'ILI�i Y ,�,Y[F LITL�.fr1FS Telepnone Electric Gas Water and Wastawater 5oiid Waste Disposal Rent (City needs eopy oi lease before expenses I can 6e reim6ursed} � Custodial5ervices � Repairs Cleaning Supplies � �.lilir5l . IrIY��lI'I,�1y R�l} ff��I.I��C;I; � Pidehty I3ond pr Equivalent � Directors and Offieers General Conunercial Liahility Contract Accountm� i1ir��{. r �,�si�J'���riii�.[. Childcare 5cholarships Short-term Rent Assistance SEtiort-tcrm Mart�a�e Assistance 5hort-term Utilities Assistance I OT1I�R �XPENSES � TOTAL FUNDING A: bIR�CTIONS HOME FUNbING $: �THER C,OVERNMEi�T FIJNDING C: PRIVAT� GONTItIBUT�qN5 +� 4� i�9119{ 1001 i aoz 1Q03 lOQ4 IDOS lOUG 1007 20U1 2D02 2003 20D4 zaos 2006 2007 3001 3p02 3003 3004 4001 4UO2 4Q03 4004 4D05 4006 4Q07 wOpl 5002 50�3 5004 5405 5006 5�07 5008 5009 6Du1 G002 6003 6005 7001 7002 7UO3 7004 �:1'uliC �lu���'C I Ik � G6,990 S,124 5,786 4,100 77,��2 5,932 9,342 915 i,Q24 � l G5,9$h `sOD,5G0 2,057 25,983 9,022 35,003 5,116 5,722 ��•�ni. I 511,07$ 39,096 59,I 13 b,031 � b,746 � � I 1 � � 13,000 16,3Q5 33,4D5 82,000 94,715 90,465 388,689 655,469 _ CDBG PSA CONSRACT 20I4-2015 — EXHIBIT "B" — BLTDGET 1 Presbyterian Night Shelter The following tables are purely informational ar�d r�rere created solely for purposes of pxeparing, negotiating, and determining the reasonabieness af the overall �ine item budget on the first page of this EXHIBIT "B" — BUDGET a�d are not to be considered part of the terms and conditians of this Contract. Contractor may make changes to any calumn except the "Position" colun�.t� in the "Salary Dataii" table without the City's consent so long as the tatal amounts charged io the grant da nat exce�d the line items on the first page of the EXHIBIT "B" — BUDGET. Changes to the column Iabeled "Pasiiian" may only be made witi� the prior writ�en consent of the City. � Position Name � Case Manager � Case Mana�er SALARY DETAIL Rate - Annual Hours 33,495 2,08Q 33,4�5 2,080 P�rcent to Grant 100% 1�J�% Amount to Grant 33,495 33,495 1 1 I 1 TOTAL � � FICA Life Insurance Health insurance Unemployment � Workers Compensation � Retirement � TOTAL Off'ice Supplies Office Equiprnent Rental Postage Printin� TOTAL Contract Labor Craft Suppiies � Facility Fees � Field Trip Costs �Food �uppiies Teaching Aids I TOTAL FRINGE DETATL Percent of Payroll Amount 7.65% 39,�96 Percent fa Grant 13.11% 11.57'% 59, I 13 9.79% 1.1 ff°/a 6,031 0 132°1a 6{746 0 SUPPLIE� AND SERVICES Total Budget Percent to Grant 1,875 0 MISCELLANEOUS Total Budget 15,0$Q 164,812 Percent to Grant 0 0 66,990 Amount to Grant 5,124 5,7$6 0 0 10,910 Amount ta Grant � 0 1 1 0 Amount to Grant I 0 1 0 0 CDBG PSA CONTRACT 2014-2015 — BXHI�IT `B" —� BUDG�T z Presbyterian Night S1�elter I Telepnone � EIectric Gas Water and Wastewater Solid Was�e Disposal Rent � Custodial Services Repairs Cleanirig Supplies I TOTAL � �'idelity Bond (or Equivalent) � General Commercial I,iab�lity � Directors and Ofiicers Con4ract Accounting TOTAL � Childcare Scholarships � Shart-'�e�rm Rent Assistance � Short Ter�n Mort�a�e Assistanca �Short'I'erm Utilities Assistance Tenant Based Rental Assistance � TOTAL FACILITY AND UTILITIES Total Budget Percent to Grant Amoun� to Grant � s,sis o a 37,8QQ Q � 9,12q Q 0 33,�05 12.27% 4,100 � 7,056 Q 0 � 32,'183 39,523 0 0 � a I Q �4,lOQ FINANCIAL AND IN�iJRANCE Total Bud�et Percent to Grant Amount to Grant � 1 16,733 0 0 j 0 DTRECT ASSI�TANCE Total Budget Percent ta Grant Amount to Gn•ant � 1 1 0 CDBG PSA CONTRACT 2Q 1�-2015 — EXHIBIT "B" — BUDGET 3 Presbyterian Night Shelfer EXHIBIT "C" — Audit Gerti�cation Fo�m [See attached] CDBG PSA CONTRACT 2Q14-2015 — EXIIIBIT "C" — AUDIT CERTIFICATIQN FORM Presbyferian Night ShelYer AUDIT CERTIFICATION FORM AND AUD�T R�QUIRCM�NTS Agency: Fiscal Year Ending: Presbyterian Night Shelter Sentember 30, 2015 ❑ D�uing the fiscal year in which funds will be received, we will excced the federal exp�nditure threshold of $500,OQ0. We will have our Single Audit or Program Specific Audit completed and will submit the A-133 audit repart witkin seven (7) months after the end oi the audited. f scal year or thirty (30) days within its completio�, whichever is the earlier date. ❑ During �the fiscal year in which fiinds will be received, we wili not exceed the $500,000 fedexaI expendituxe threshold requa�ed for a Single Audit ar a Program Specific Audit to be performed this fiscal year. (Fill out schedule helow) � I+�+Jc:•�rl Cx��ent�'stu�-r l}i��E���ui�e Nj�*��'T b� i�l�e� c�ui if ��t��,lc �u�liE o�� i'�����.r�i7t �i�4lri i� l�[�'1' ��qti�r���, i'��� '1'�u•uu�E� 1'robE•��E13 �:�12i� c�'. I C:on�ract ���Ej�i-.9� �J�'Ij1111?3' �.}1'#i111�1f [_'���L?�1 �Iuir�L��r �lur��ber Fx}������lit����.� Total Federal Expenditures for this Fiscal Year: Signatory and Title Date Failure to submit tl�is flr a similar statement or failure to submit a completed single audit package as described in the federal�y requi�ed audit requirements described in OMB Circulars A-133 by ihe required due date may resuli �n suspension af funding and may afFect eligibility for fizture funding. Notwithstanding fhe abave, this certificahon acknowled�es the agency's cammitment to meet all other financial �eportin�, financial statements, and other audit requirements as may be set foxth 7i�n the Contract. CDBG PSA CONTRA.CT 20I4-2015 — EXHIBIT "C" -- AUDIT CERTIFICATION FORM Presbyte�•ian Night Shelter Exhibit'"D" �- Reporting Forn�s [See attached] CDBG PSA COI�ITRACT 2014-2015 Exhibit "D" -- IiEE1MBURS�MEN1" FORMS Peesbyterian Night Shelter Attachment I Agency: Address: City, State, Zip; Prag�-am: Period of Service: INVOICE Presbyterian Ni�ht Sheiter - CQBG 2400 Cypress Street Fort Worth, TX 76113 Main Shelter Based Case Manaqement Prbgrarn Arr�c�t�ni �13is Inuaice C�in�laiiv� tn Eiat� Agency's Certification: I certify that the costs incurred are valid and consistent with the terms and canditions of the contract between City and Agency. By signir�g this invoice, I cer#ify that to the best of my knowledge and beli�f the data included in this report is true and aceurate. It is acknowledged that the pravision of false informatian could leave khe cer�ifying official subject to the penalties of federal, state, and local law. Signature and Date: Name: Title: CDBG PSA CONTRACT 2014-2015 �xhibit "D" -- REIMBURSEM�;NT FORIWIB Preshyterian Night Shelter Aitachment 11 City of FoR Warth Hausing and Economic nevelopment Oapartment Expenditure Worksheet Agency: Program: ilr�a ka �nec� F�o 1 za 46 47 48 49 50 59 52 53 54 55 66 b7 58 59 60 Total f'�vo4 Presllv�rlan NI�tShelte�-C68G Main She�ter Base Case Mana4ement Please Slroup Ilke account codss. f�rcc��il �:uJn I baasnouun' i5+vo Ka� In Rlor,�} qmn�Ns 'Payroll mus! identify employes. Reni must identify tanenl. OC�er paymerns should idernify individuals, IP appllcable. }Ng.iYi^yh[aJ �rn 1�5� op�y� �olry�i�l codd}ar Ihks �rog!om k++� un+w �,Ina rinn� Ik4+dEN45TRA714 E tM4PV4�4 4n141 �alaries FICA Life Insuranee Healkh Insurance �isehiliW Insurance Une� yJoymeni-Slate Le�af & Accountir�y AC#Clwnnrq PEiifi[SFINEL Salaries FICA Life Insurance Healkh Insurance Unemplov(�ent Worker's Compensstion Retlrement �ff' F�ANG 6�RwlC€�3 ice u�pIles Office Eq�eipment Rental Postaqe PYintinp �CELLr+N U�i CoMerence & Sertnne��a ConslraclioNBuildirrq Materials CortVacf Labor Cralt �upplies Credit Reports FacililY Fees Feld 7rip Cdsis Faod Supplies MlleaDa Tear}�in Aids k�+L71.ITY �!} UiIL�TaE'� Telep}lons Eleclric Gas Watar and Wastewater Solid Waste Disvosal Renl Custpdial Sarvlces fiepa1rs Cleaning SuppEies 1.�G���1�1�4NCIFt;+4H6_ IHairyiA}!C� i Fi tnv Bond or ��uivalent I Direc#ars and ORieess 1 General Commercial Lia6ility I Le,qel Fees IConiraci Aecountinp UIp +:JAgg�fANC:E � �h��acare $cholarshj�s I Counsellnn-Individual5essions I Caunselln, - Group Sessians I Shori-term�entAssistance I Short-term Mo� a_qe Assislance I Sitat-ta�m Utilifies Assistance Tenant Hesed Rental Assistanae GAr TAi QUT�AY I �umilure. Flxtures I Camputers I O�ca Ea�/nent I Sport and ecreation Equipmern Aoc�unr 1a41 t0U2 1003 1004 1�45 1�46 1007 20D1 20D2 2043 2044 2005 zaas 2097 3001 3002 3043 3�04 400'I V 40fl2 � A003 400q 40D5 Atl46 4007 4QQ8 A009 I 4010 I I 5001 � 5oaz I 5003 I 5004 I 50U5 I 5006 I 5q07 I 5�48 I soo9 I r 6001 i 6002 I BOU3 I 6004 I 6005 I � 7oot 1 7002 I 7a03 I 7004 I 70D5 � 7008 I 7007 I 800� 8002 I 8403 I 8004 � C�BG PSA CONTRACT 2014-2015 F, xinihit "D" -- REIM8l1R5EMENT FORMS Presbyterlan Night Shelter arrm UNUUPI-ICqTEU CLlEN7 DATA REA�Ri P,gen�y. Program: Momh: �ns tr�eUani. I I�i. ��Cen la mr�n� � L,L �il wri�.l�imJ Jlrr� �ai+�tl tl�i�n9 Te e�iNr � 1Mx i�i�odr-'� �a �� oo- ir.Rm�nhr �0� :9'xl. �� mnnw� Nl.ur. s�d ii4 IirN� I�H.VVLI'1 lilil{�i1� _'.a1hL' Vvt W II flLi{ ]m{h EIli�l,yy dOPN�M�Firi�� 1� 4iGh vr GIInC *rw.. �n�lu��l rWi�� LIr�iL� shr�v�U ht ���wd hebw �a+'u��ali �4R4AlR TSF. T� �I Iliir �hwM rlll a�l �r a rsii r.� Lillk. rlu� � �f�14 li�[ vli�iiL1 Lnf U�lif_ Jul L*; �{ �.!"i Ifi4�1:1 YVS .^.�[% R'.F�14 Hm{a.!��� Ir �.�nn _r �uo� a�.pw� i�rxis �c niiilllP�� mim_41, Ilicj 8�114' 1'a� h Gi ilClklf tlli��. i.n�s. '.ea� �'-k�uvJ.`RR^�P'IR�bLK �[y9NInGthSClle�rtF f a_rH�nlui'_r�-a e�r [es L'Fr��iry �In7��ir �nr: Ilnxicno �,.: Rac. I�rn• C•el -OhaLled ��}� Fs�rm �HOM �kdsi� ral �4-IV J�Ova4 5 �f ��� 1{ ul �-']� II.. 7f! �T�� 4I��, +S,�.t �� "i"S". .i""r . _. . �'a� , �, t.i ' ' r�t <3a=.}� .� 'i ra.--. _n.er,+mrc3 ape A�nwim"i rIH:�- _ =9-' --_-- -;�;`-��r '�r.T Nem�lr I l-tl��n� r. w ' '.��7_�:r'_'._�= ''� tu N��.r ���ii�;ci Anuo �4h�i —_-_�-1 _ -�=._�<c;.-= ,�on�or HrM+i.0 :��I.u�i 31�te[r Ilvo= I G7.F{71e ',i 4ry.'y.'_-' __---,u�.��._i_ �ii���n 7lfr c iii.`ilr� �+4+.bn a,i.r�ii u�d.91.�1 Rya =�a=J�r.c:��i:1��' .��r,i �a�i:.:r� Il�i hn[Lii: +�M1L�n ?�:i[ I•��� A�rn..r, emxim�� UiAiS�a�ii[��xtiyY -.`-ti�G ����_'�_'E=r4r�'tS�=?.. _� _ Kahs�r- r-aa�:r. •�.�w zt1Li 6mn�i.ai� �cavle 'hlne e�tlY.hlra..YJN� _a,d.44�[k.hm�a'� �m' ' -'•=d-3+�5� __' NS??' 2 � i - � _ - - - - — -- 3 _ 4 - � B 7 8 9 iC( _ -. S1 tS �_ - Fg S� SS t� _ il ,� - Efl — 2h � - 21 - - - - � ' - - 2� _ - _ - � - — 7� — 2� -- I - P7 I 2E � - . — 2� � - 3� a� _ �p` — � - _ — � — 37 3� 3� - - -- 4 - - _ 4 ' - — �'. 4� � 44 45 � _ — 47 — � - Eachibit "E" — Income Certiiication Farms [�ee attached] GDBG PSA CONTRACT 20I4-2015 -- EXHIBIT "E" -- INCOME CERTIFICATION FORMS Presbyterian Night 5helter Presbyterian Night SheIter CERTIFICATIQN OF INCOME STATEMENT AppIicant Narne: Current Address: Phone #: Household Members and Inc�me 'Including Applicant) Last Name First Name Age Manthly ,�ourCelEmployer Nazne Income �`#PERSONAL INFORMATION: (Check one in each item. Optional Infarmation for Federal Repar#ing Purposes) a. ❑ MALE b. [] WHITE ❑ BLACK/AFRICAN AMERICAN ❑ SLACK/AFRICAN AMERICAN & WHITE ❑ FEMAI.E ❑ AM�RICAN IN�IANIALASKAN NATTVE ❑ ASIAN ❑ AMERICAN INDIANIAI.ASKAN NATIV� & WHiTE ❑ ASiAN & WHITE ❑ NATIVE HAWAIIAN/OTHER PACIFIC ISLANDER ❑ BALANCE/O I'HER ❑ AMERICAN INDIANIALASKAN NATIVE & BT.ACKIAF�tICAN AMERiCAN c. ETHN[CITY d. DISABLET] e. TS CLI�NT WOMEN HEAB OF HOUSEHOLD ❑ HISPAMC ❑ I'ES ❑ YES ❑ NON-HISPANIC ❑ NO ❑ NO '� TOTAL NUMBER �F HOUSEHOLD MEMBERS (Include Yourself AND everyone who lives in the house.) Total Anticipated Annual Household Incom�: Certification: I certify that the infonnatxon I am pxavidi�,g is t.rue and cauld be subject to verification at any time by a third party. I alsa aeknowledge that the provision of false information could leave me subjeci to #he penalties of Fedaral, State and local la�. WARNING: TITLE 1�� SECTION 1001 OF THE U.S. CODE STATES THAT A PER$ON IS Gi3ILTY O�' A F'�X,ONY �"OR KNOWINGLY AND WILLINGLY MAKING FALSE OR FRAUDUL�NT STATEMiNT5 TO ANY DEPARTMENT OF THE UNTT�D STATES GOVERNMENT. Signature oiApplacant Dat� ---�--�-9--��-�- For use by A�ency staff only-----�-_..�.�....�_ Household Size: Grass Annual Income: Applical�le Incorne Limit: Is �pplicant Eligible? Check if Applicant refizsed to provide dernographic information: ❑ Staf�Ass�ssm�nt of Demographics: Person Making Determination: Date: N4TE: A�lclress, in�a�ne amotrnts and sources farAL� householrl rrteytahers are requiretl. CDBG PSA CONTRACT 2014-2015 -- BXHIBIT "E" -- INCOME CERTIFICATION FORMS 2 Presbyterian Night Shelter Presbyterian Night Shelter CERTIFICACION DE DECLARAC�ON DE INGRESOS Nombre del Solicitan�e: Dornicilia Actual: Nurnero d� Telefono: Miernbros en el Ha�ar e Tn�resos (Incluir ellla solicitante) Apellic�a Nombre Edad Ingreso Fuente de Tngresos/Nombre de Empleador Mensual **INFOIiMAC16N PER50NAI,: (Seleccione uno en cada categori�. Infomnacibn opcional para prapositos de informacibn k'ederal) a. ❑ MASCULINO b. � CAUCASTCO ❑ NEGRO/AFRICANO AMERIC.ANO ❑ NEGROlAFRIC�NO AMERICANO & CAUCASICO ❑ PEMININQ ❑ INDiO AMERICANO/NATIVO DE ALASKA ❑ ASIA'I'ICO ❑ IND[O AMERICANOfNAT1V0 D� ALASKA & CAUCA5IC0 ❑ ASIATICO & CAUCASICO ❑ NA'I'IVO HAWAIAN�/QTRO DE LAS ISLAS PACIFICAS ❑ BALAlYCE/OTRO ❑ INDIO A1VI�12ICAN0 / NATNQ DE ALASKA & NEGROIAFRICANO AMERiCANO c. ETTTICIDAD d. DISCAPACI"I`ADO e. �E5 EL SOLTCT'I'ANTE UNA MUdER Y CABECERA DEI. HOGAR7 ❑ HISPANO ❑ 5I ❑ sZ ❑ NO-HISPANO ❑ NO ❑ NO � NUMERO TOTAL DE MIEMBRQS EN EL HOGAR Ingreso total del hogar anual anticipado: (Incluye a si mismo y a todos los que viven en la casa) Certificacion: Certifco que Ia inFormacion que proporciono es verdad y podria ser susceptible a Ia com.probacion a cualquier tiempo por terceros. Yo tarnbien reconozco que la provision de informacion falsa me podria dejar sujeto a las penalidades Federales, Estatal�s y 1c�cales. ADVERTENCIA: TiTULo 1$, SEccioN 1001 DE�. ConiGo D� EE.UU. QUE UNA PERSONA E5 CULPAB�� DE UN DELITO POR SABER Y VOLUNTARIAMENTE HACER DECLAAACIONES FALSAS O FRAUDULENTAS A CUALQIJIER DEPARTAMENTO DEL GOSIERNO ESTADOUi�fIDENSE. Firma del Sr�licitante Fecha �a__o�__.o__o_ papa use de emple�tdos �le la agencia-�-----�---��--- # De Miernbros de Familia: In.greso Anual: Limite de Ingreso: GEs salicitante elegible? : Compruebe si el solicitante se nego a dar su infarmacion personal: ❑ Evaluacion deJ empieado sobre informacion personal: Persona haciendo la deYerminacion: Fecha: � Note: La direccion de la casa y das ingresos (y sus �rigenes) para todos miemb�os ded hog�rr son requeridos. CDBG PSA CONTRACT 2014-2015 -- EXHIBTT "E" -- TNCOME CERTIFICATiON FORMS Presbyterian Night Shelier Exhibit "F" � Standards for Complete IDocumentation [See attached] CDBG PSA CONTIZAC'I' 2014-2015 ��ihit "�"' -- STANDARDS FOR COMPLETE DOCUMENTATION Presbyterian Night Shelter � ���� 4� 9 4 Y # � � J �' � .T � � � C � t � � � � g n � � � a S G � � e �, � s ��n ¢�' F4 IFICAIMedicare ILife knsurance I � Heallh Insurence j Disabilily Insursnce IIIUnemployment Insurance Retirement Profcs�fan�! Se�ulc.ei Accouptlng X Ec enses Nlaletla?5. F�ulPsnar,l 'H`� �R��a9 � I ica quipment Rental � Poslage X Printi�n X X Conslnscllon & X X Bl1��f11FlA f4EBIBfiB�S Spod and X X Reoreauon Fqyigknen! Cleaning Syp ies X X Teachins� Af� X X Crat{ 6vr�pjies X iX Food Suppjies J( lii 20�4-�Q'�5 Documenfafion Sfandawds for Pu�blic Se�rice �onfracg Expens�s X• I ' ' ' If an i. ,. �� :,.,:.� eiy unih Conlract augibla cllents and �olety on Contrecl eugib[e nems, then the empioyee's ann�s salary �s eligipte Tar � refmhursement. T+rAce in each calemfar year, lhe ellent musl su6mN a wrflfen statement ver3fying that lhe a6ave condltions are still true. 7he statement mus! also 6e signed be a person authorized to algrt on hehelf oElhe agency. If an employee warks on a vadety o1 programs, or war3cs with a mixlure oT ConVact aflglLle cl�en[s and non-e]iglble Giants, Ihen Ihe City will only reimhurse for a reasonahle padlon ollha employee's salery. �Cach reM6ursemeM requesl mus! Inclutle nat only Ihe employee's limashee[, bu[ alsa a vro[k log dreaking out Fhe employaa's fime hy praject or activity. For emptoyaes paid wilh mulllple funding sourcas, tlmasheels must repecl all funding snuroes. If separate tfinesfieets are kept for each funding source, ell such limeshaels must be suhmittad lo Ciry. 'If employees are paid by dlrect deposit ralher than theck, ihen 1he ageney musl submit holh Ihe dlrec[ tl¢posil paymanl comAeny's repo[t (such es an AOT repoM1) and a hank stetemeni af�ack ahawing payment fo 1he d'vect depasll mmpeny. If the Gily pays gross salary, this is already included. IF the Ciry pays the emQloyer poNan, then ihe empleye� musl show a calculetlon and dosumentxtlon of howthe invpiced emounl aas ca3evlated, and inrJuq� documaptetip�+ s oxnnu pavmeni. , It Ihe Cily pays gross saEary, Ihis fs already included. If we pay the employer poriion, lhen e empfoyer must showe ealculalion and tlacumentaiion oT how the Invaiced emouniwas calculated, must inefude an Imoice imm the Insurer, and m�st include documeMation shovvi�9 paymenl. If ihe Ciry pays grass salary, this is already Inclutled. If we pay �he emptoyer podion, then tlie employer must show a caltulstion and documentatlon 1 at how the inaoiced amount was calculaled, muat I�lutle an €nvoice fram the insurer, and masl incluke documerttatfon showing payment. I If the Ciry peys gross selery, ihis Is al[eady included, livre pay tha employer podlon,lhen the employar musl chow a calculauun �nd documentaGon of how the invo3ced amounl was ealcuEaled, must Inciu6e an invofce fram khe insuret, and must include documenfeAan showing payment I(fiie Cily pays grass salary, this is e�ready included. If we pay the employerQnnian, Ihen 1he employer mual shewa calculaUon snd documentaUon oihaw 1he invafced emouM was calculalea a d Tusl includa documenlaIIon showir� oavment. I If we pay gmss salery, this Is already Indude�f we pay the emp�oyer partlon, fhen khe employer inust show a calculation and �xomentatlon of how � 1he Involced amountwas calculated, musi and indude documenlation stiowing payment, and pdor lo the Tirst raimhursement, musl include fhe en audrt is requireef beaause teaeral Ivnns exceed 500,8f30, tMen Iha coat snoutd oe spl3t avenry ny all lederel t�ntling sourees. X X x X X X Waie�lUVeotewater X X � ElecMc X X Solid Waste � X �sq�sa� Fauliry X X I X MaMlenance and Regpi�s Cuslodlal Sarvices x x Rent X A _ X _ k��l�nraud �pnlrac�� L��pr �x r X % fnsuronce RequlrctLX yt lJnder Ihe Contract Chfldcare 5cholarships The agency should mainialn inTortnauon regarding mailouts. If Ihe agency has a Pilney 6owes mschine or like posiage machine, khe records of lhet macpine musl be on file. Like�n3se, If mail Is categorized by peymenl source, then lhoae records musl6e on 41e. Far targa malauts, the agency s�ould kaep a conv uF the 1eHer and a Ilsl of all addressees. `i'his ca€egory is only avaitame for R�A,CN. �R� +■ �` � �,. . r� an expenses, food expenses un11 also tie aRowetl so long as �he egency has a purchases on al1 fiald triP� not Just ConVact-fundetl fleltl tdps. M1ify ert nklA inr a daoilll4 LhCll 19 tidCd �O� W�f�F G91h76�at �aa�do3 rh� � lf serv�ces �g prov�ded per a conlrect, 8cepry will pfov�de conErBtt 1�31Cfld of iqvoices. 1 { driqks are hllla m�FFk bo� i Oiry rar{ui�as that the agency submit Ils Fea schedule, showlrtg a breakaut of incoma levefs, and for each ievef a breakaut of the portion of the I mxpense io 4e paid by famfly end the portion to ba reimbursed by 1he City. This fea srfiedule Is required priar to ihe Frsl paymant. We alao require Ihe lncome eliglblfy of each househald so Ihatwe esn delermine if we are baing changed in conTormance with the fee schedule. If lhe Tea schedule changes at any time Buring ths conlrec[ year, tha agency must noGty cify and provide a new schedule wi�hin ao days of Ihe change. 1 *Proof oi payment effective OctoBar 1, 2Q14' Payments or Expsnaes mvst De documanted in Ine Following [nanne� A) Image oTthe check AND pank statement showing Ihe check claared the hank; OR, B) Image of ttse csnce3led check (eY. At ertd of bank afelemenq; OR, C) Pay�oll "Advacs" ar Siatement AND Bartk Stalemenl indieating payroll; OR, �y Forwire ot e�lransfera: Reciept arslaiement Tram payee7vendor OR hank slalamant. CDBG PSA CbNTRACT 20142a15 E�hibil "F"' — STANOARDS FOA COMPLETe DOCUMENTAIION Pres6ylerian Nighi Shcl[cr EXIIIBIT "G" �ECTION 3 REPORTING FORMS [See attached] CDBG PSA CONTRACT 2014-2015 -- EXHIBIT "G" — SECTIDN 3 R�PORTING FORM5 P�•esbyterian Night Shelter EXHIBIT "G" �lC��Ofy �$uf��l�� ����� U.S. Department of Housing OMB Approval No: 2529-0043 Eronomic O�partunities for and Urban Developmeni (exp. 11l3012010} Low -- and Very Low-lncame Persons Office of Fair Housing � And Equal Oppoftunily � HIJp Field Otflce: Section Gack of page for Pubhc Reporting Burden statement 1. Recipient Name & Address: (slreel, ci1y, state, zip) 2 Federal Identlfication: {grant no.) 3. Total Amount of Award: 1 � 4. Cnntact Person 5, Phone: (Include area code) 1 I 6. Length of Grant 7. Repnrting Period: i B. Uate Repart SubmiHed: 9. Program Code: (Use separaFe sheet 1a. Prvgrsm Name: tor each program code} � Part I: �mploymenr and Training (*` Cafumns B, C and F are manda� ory fields. Include IVew Hires in E&F] 1 A s c o e F Numt�er of Numkzer ot New % of Aggregate Number % of Total 51aff Hours FJumber of Section 3 .Eob Categnry New FEires Hires thet are of Siaff Nours of Naw Hires {or Seciion 3 Empioyees Trainees Sec. 3 Residents ihai are Sec. 3 Residenla and Trainees �f�E9SSt0173:3 -� - — - II � ITechnlclans _ Ol:r�e�Cleeic�l i - - - Consfruction by Trade (List) Trade I�ra�e � Trade - _ — � T�sde I I _ ITrade _ _ _ - - I Other (Listi � _ - -- - - _ �_ ! I _ - I � � � I — � - -I ' � I _ _ _ i I I , -- ' — — � I —_ — — � __ i _ _ � — — —— 1 '— � 'r��a� s ' Program Godes 3= Publlc�lndlan Housing 4= Homeless Assistance e= C�BG State Administared 1= FlexiBle Subsidy A= t]evelopment, 5= HaME 9= Other GP Programs 2= Seclian 202l813 S� Operetion 6= HOME Siate Adminislered 10 = Olher FEousing Programs C= Moderniiailon 7= CDBG Eniiilement Page i of 2 farm Hlld 60002 (612001) Rsf 2A CFR i35 Part II: Contracts Awarded 1. ConstrucEion Coniracts: A. Tota1 dol]ar amount of aH confracts awarded on the project B. Total dollar s�nount of contracts awarded to 5ection 3 buslnesses C. Percentage of lhe total doAar amount that was awarded ta 5ection 3 6usinesses D. Total number of Sectian 3 businesses recelving, conlracts 2. Non-Conslruction Gantracts: A. Total dollar amount a11 non-construction contracts awarded on Ehe projecUactivlEy B. Total dollar amount of non-conslruotion cantracts awarded to 5ection 3 husinesses G. Percentage of the total dollar amount that was awarded to Seclion 3 businesses �. Total number of Secllon 3 husinesses rec�iving nornconstrucfion contracls Part III: Summary % Indicate khe efforts made to direct the emp]oyment and other ewnomic opportunitiss generated by HUfl financial assistance for housing and community development programs, to the greatest extent feasible, toward 1ow-and very low-income persans, particularly those who are reciplents af government assistance for housing. (Check all that apply.) Attempted to recruft law-incame rasidents through: locai advertising media, signs prominently displayed at the project site, contracts with the community organizations and public or pri�ate agencies operating within lhe metropolitan area (or nonmetropolitan caunty) in which the Section 3 covered program or project is located, or similar methods. Participated in a HUD program or other program which pramotes the training or employment of Section 3 r�sidents, Participated in a HUD program or other pragram which promofes the award of contracts to business concerns which meet the definition of 5�ction 3 business concerns. Coordinated with Youthbuild Programs administered in the rr�etrapalitan area in which the Section 3 co�ered project is located. Other; describe below. Public reporting for this collection of information is esfimated to average 2 hours per response, including the tirne for reviewing instructians, searching existing data sources, gathering and maintaining the data needed, and completing and re�iewing the collectian of information. This agency may not collect this information, and you are not required to complete fhis form, unless it displays a currently valid OMB number. Section 3 aF the Mousing and Urban Development Act of 196$, as amended, 12 U.S.C. 'i701 u, mandaias that the Department ensures tha# ernploymant and other economic opportunitfes generated by its housing and community developmenl assistance programs are directed taward low- and very-low income persons, particularly those who are recipients af government assistance housing. The regulations are found at 24 CFR Part 135. The information will be used by the Depaftment io monitor pragram recipients' comp�iance with Section 3, to assess the resuits oF the Department's efforts to rneet the statutory ohjectives of Section 3, to prepare reports to Congress, and by recipients as self-monitoring tool. The data is entered into a database and will be analyzed and distributed. She collection of information in�olves recipients receiving Federal financial assistance Far housing and communify develapment programs covered by 5ection 3. The infarmatian wifl be wllectad annually to assist HUD in meetir�g its reporting requirements under 5ectian �08{e)(6) of the Fair Housing Act and Section 916 of tite HCpA af 1992. An assurance of confidentiality is not applicable to tf�is form. The Privacy Act of 4974 and Oh1lB Circular A-'f OS are not applicahle. The reporttng requirements do not contain sensitive questions. I]ata is cumuEative; personal identifying information is nat included. Page 2 of 2 fnfm HU� 60002 {1112010] Ref 24 CFR 135 Form HU�-60002, 5ection 3 5ummary Report, Ecanomic Opportunities for Low- and Very Low-Incorrse Persons. Instructions: This €orm is to be used to repoR annual accomplishmenls regarding empEoyment arid olher economic oppartunities provicfed to low- and very low-income persons under Seciion 3 of the Housing and Urban Qe�elopmenf Act of 1868. The Section 3 regulations apply to any pudlic and lndlan housing programs that receive: (1) development ass{stance pursuant to Section 5 of lhe U.S. Housing Act of 1837; (2) operating assistance pursuant to Section 9 of the U.S. Housing Act of 1937; ar {3) modemization grants pursuant to 5edlon 14 of tha U.S. Housing Aat of 1937 and to reciplents oF housing and community development assisiance in excess of �240,000 expended for: {i) housing rehabiliiaUon (including reduction and abatemant of lead-based paint hazards); {2) housing construction; or (3) other public constr�ction projects; and to confracts ar+d snirnonfracfs �n excess of S70U,OD0 awarded in connection with the Section-3-cavered activity. Form HU�-60002 has three parls, which are to 6e completed for all programs covered 6y Section 3. Part I relates to employmenf and tralnFng. The recipieni has the npfion to determine numerical employmentltraining goals either on tMe basis of the number of hours warked by new hires (columns B, D, E and Fj. Part II of tne form refates to contracting, and Parl III summarizes recipients' eifarts to comply with 5ectian 3. Rec9pients or contractors subjeet to Section 3 requireme�ts must mainiain appropriate documentation to estaGlish that HUD financial assistance for housing and community developmant pragrams were directed toward low- and very low-income persons" A recipient of Section 3 covered assistance shall submit one copy of lhis report to HUD Headquarters, Df(ice of Fair Housing and EqualOpportunity. Where the program providing assistance requfres an annual performance report, lhis S�ction 3 report is to ke submittad at the same tlme the program performance report is suhmifted. 1Nhere an annual pertormance repoR is not required, this 5ection 3 report is fo be submitked by .lanuary 10 and, if the project ends hefore December 31, wilhin 1 o days of projecl camplstlon. Onfy Prlme Recipients are reqolred fo repert !a HUD. The repart must fnclude accampllshments of aA reclAlents and their 5ectlon 3 cove�ed contractors and sohconfractors. HU� Field Q{fice: Enter the Field affice name . 1. Recipient: Enter the name and address of the recipient su6mitting this report. 2. Federal IdentificaFlon: �nter the number that eppears on the award form (with dashes). The award may be a grant, cooperative agreement or contract. 3, Dollar Amount of Award: Enter the dollar amouni, rounded lo the nearest dollar, receiv�d by the recipient. 4& 5. Contact PersaNPhone: Enter the name and iefephane number of the person with knowEedge of the award and the recipienYs implementation of 5ection 3, B. Reporting Period: Indicate the t�me period (months and year) th9s reporl covers. 7. Qate Report 5ubmitled: Enter the approprfaie date. Program Code: EnYer the appropriate program cade as lisfed at the boitam of the page. Program Name: Enter the name of HUD Program corresponding with the "Program Code' in number 8. PaR f: E.mpioyment and Training Opportunities Column A: Contains varinus jnb categories. Professionals are defined as people who hawe special knowledge of an occupation (i.e. supervisors, archiiects, sunreyors, planners, and computar programmers). For construction positians, list each trade and provide dala in columns 8 through F for eac� trade where persons were emplayed. The category of "Ofher° includes occupations such as service wnrkers. Column B: (Mandatory Fie1d) Enter the numher of new hires for each category of workers identified In Column A In connectian with this award. New hire refers lo a person who is nof on the cantractnr's or reciplenfs payroll for empfoyment at the time of selection for the Sedlon 3 covered award or at the time of receipt qf Section 3 covered assistance. Column C: (Mandatory Field) Enter the number of Section 3 new hires for eacfi category of workers ldentifed In Column A in canneclion with this award. 5ection 3 new hire refers to a 3ection 3 resident who is not an the contracto�s or recipient's payroll for employm�nt at the time of selec6on for the Section 3 covered award or at the time of recaipt of SectEon 3 covered assistance. Column a: Enter the percentage of all the staff hours of new hires (Sect€on 3 residents) in connection with this award, Column E: Enter the percentage of the total staff hours worked for Section 3 employees and trainees (including new hires) connectad with this award. Include slaff hours for paR-time and fuli-time positions. Column F: (Mandatary Fieldj Enter the numfoer of Section 3 residents that were trained in cannection with this award. Part II: Cantract Opportunities elock 1: Construction Contracls ltem A: Enter the lotal dollar arrEount of all contracls awarded on the proJecVprogram. Item B: Enler tne total doAar amount of contracts connected with this prajecUpragram that were awarded to Section 3 businesses. Item C: Enter the perc;entage of the tolal dnikar amount of contracts connected with thls projectlprogram awarded to Section 3 businesses. ltem D: Enter the number of Section 3 businesses receiving awards. Block 2: Non-Constructfon Coniracts Itsm A: Enfer the total doAar amount of all contracts awarded on the projecUprogram. Item B: Enler the total doAar amount of contracis connecled with thls proyect awarded Ea Section 3 husinesses. Item C: Enter the percentage of the intal dallar amount of contracls connected with this projec!lprogram awarded to Section 3 businesses. Item D: �nter the number af Section 3 businesses receiving awards. Part III: Summary of Efforts — Self -explanatory Submit ane (1} copy ofi thls report ta the HUD Headquarters Offlce of Fair Housing and Equal Oppartunity, al the same time the perFormance report is submitted to the program office. The Section 3 report is submitted by January 10. Include only contracts executed during the perlod specified in item 8. PHAspHAs ara to repart al1 contractslsubcontracts. ` The terms "low-income persons" and very low-income persvnsH havE the same meanings given the terms in section 3(6) (2) of lhe United States Hausing Rct of 1937. Lou�incame persans mean families (including single persons} whose incomes do not exceed 84 percent of the medlan income for the area, as determined 6y the SecreEary, with adjustments far smaller and larger famllies, excepl that The Secreiary �ay establish income oeilings higher or lower than 8o percent oF the median fvr the area on the 6as{s of the Secretary's �ndings such ihat var€aiions are necessary beca�[se of prevailing levels of constructlon costs or unusualiy high- or lowv-income families. Verylevwlncome persons mean low-income familfes (including single persons) whose incomes do not exceed 50 percent of the median famlly incame area, as determined by the 5ecretary with adjustments ar smaller and larger families, �xcept thal the Secretary may establish incoma ceilings higher or iower than 50 percent of the median for the area on the basis of the Secretary's findings that such variations are necessary because of unusuaAy h9gh or 1aw family incomes, Page i form HUI? 600�2 {9112010j Ref 24 CFR i35 EXHIBIT "H" — Severely Disabied Certif cation �+'arm [See attachedJ CDBG PSA CONTRACT 2014-2015 —EXIIIBIT "H" -- SEVEAELY DISABLED CERTIFICATION FORM I Presbyterian Night ShaIter Presbyterian Ni�ht Shelter CERTIFICATION FORM DOCUMENTING CLTENT STATU� AS "SEVERELY DISABLED ADULT" Client Na�ne: Address: City, State, Zip Client Ide�,tificatian No. CHECK ALL THAT APPLY � Has used a wheelchair, a walker, cane , crutches or other special aid for six months ox lon.ger Has been diagnosed with ane o� the following canditians: Alzheimer's � disease, mental retardation or other developmental disability, senil�ty or dementia, cerebral palsy, or autism; or has another mental or e�notional candition that seriously interferes with everyday tasks. Is unable to p�rform on� or mar� of the following "Functional Activities": ❑ seeing, hearing, speaking and having ane's speech understoad, lifting or carrying, using stairs, grasping small objects, or walking. Is unable to perform or needs assistance to perform one or more o� the ❑ following Activities of Dai1y Living {ADL}: getting around inside the honr�e, gettiz�g in or out of hed ar a chair, bathing, dressing, eating, and toileting. Is unable to perfarm or n�eds assistance to perform one or more of the following Instrumental Activities of Daily Living (IADL): going outside the ❑ hame, keeping track of money and bills, preparing rneals, doing ligh� hausewark, taking prescription medications in the righ� amount and at the xight time, and using the telephane. ❑ Has a condition� that prevents tl�em from working at a job or doing hausework. The under�igned agency representative conducted a visua� asses�ment of th�e client identified on th�is form and ceriifies that the client meets at least one o� the conditions indicated abo�e, which determines that h.el she rneets th� definition of "severely disabled" accarding to the LT.S. Census Bureau. Certified by: Signatuxe/Title: Date: CFW HED: Revised as ofAugnsf 30, 2D13 CDSG PSA CONTRACT 2014-2015 --EXHiBTT "H" — SEVERELY DISABLED CERTIFICATION FORM 2 Presbyterian Night Shelter 91I1812014 . �a�v ����c�� 1�����s M&C Review official site af the City af Fort Worth, Texas �OR.T�O�TI�1 '�� COLINCIL ACYIOM: Approved on 8151�014 � Ordinance No. 21363=�8a�01�i COWT[WlJE� FROIV� A F'R�VIOUS lN��K DAiE: 712212014REF�REMCE C-26893 �,p(� �q��; 17HUDACTIONPLANPY2014� �{p,; 2015 CO�E: C TYP�: NON- PU�LIC YES CONSENT HEARiNG: SUBJ�CT: Conduct Two Public Hearings and Appro�e the City's Actian F'lan for the Use of Fed�ral Grant Funds in the Amount of $9,827,252.00 from the United States Department of Hausing and Urban Devekopment for Program Year 2014-2Q15 from the Community Development Blocic Grant, HOME lnvestmant Partnerships Program, �mergency Solutions Grant and Housing Opportunities for Persons with AIDS Grant Pragrams, Authorize Collection and lJse of Program Income, Authorize Waiver af Appiication of [n�irect Cost Rates, Authorize Execution of Related Contracts and Interde{�artmental Letters of Agreement and Adopt Ap�ropriation Ordinance (ALL COUNCIL DISTRICTS) RECOIVfIU��NDATION. It is recdmmended that th� City Council: 1�. Gonduct two public hearings to a11ow citizen input and cansideration of the City's 2014-2D15 Acfion Pfan for use nfi federa{ grant funds from the Unitet� S�ates ❑epartment of Hausing anc[ Urban Development in the amount of $9,827,252.00 for Program Year 2014-20'{5 from the Community De��lopment Block Grant, HOME In�estment Partnerships Program, �mergency Solutions Grant a�d Housing Opportunities far Persons with AIDS grant programs and for the use ofi pragram income from acti�ities using prior years' federal grant funds; 2. Apprave fhe City's 2014-20'i5 Ac#ion Plan for submission to the United Sfates Department of Hausing and Urban De�elopment including allacafians af grant funds to particular programs and activities as t�etailed belaw; 3. Authorize the collection and use of an estimated amount of $50,0OO.OD of pragram income resul#ing fram activities using priar years` Community Develapment Blocis Grant funds fior the programs and acti�ities detail�d belo�nr; 4. Authorize the collection and use of an esfiimated amount of $100,a00_00 ofi pr�yram income resulting fram ac#ivities using �rior ysars' HOME Investment Partnerships Pragram funds for the Ciiy's Homebuyer Ass�stance Program; 5. Auihorize the City Manager ar his designee to execute contracts and [nterdepartmental Letters af Agreement for a one year term wit� the agencies listed below in Talales 1, 2 and 3 for Program Year 2014-20'{5 far Community Development Biock Grant, Em�rgency Solutions Grant and F�ousing Qpporkunities for Persans with AI�S grant fur►ds, contingent upon receipt af fiunding; 6. Autharize the City Manager or his designee ta extend the contracts and Interdepartmental Letters of Agreement for up t� ane year if an agency or depar�ment requests an extansion and such extension is necessary for complefion of the program, or to amend the contracis and Interdeparkmental Latters of Agre�ment if necessary to achie�e program gaals pravided any amendment is within the scope of the program and in compliance with City policies and all applieable laws and reg�alations gaverning the use of f�deral grant funds; http;llapps.cfuvnet.orglcouncil�acketlmc�,review.asp?ID=20027&cou�cildate=81512�14 ��� 11118I2o14 M&C Review 8. Authorize a waiver of indirect cast rates as applicable for the Grants Fund, in accordance with the City's Administrative Regulations; and 9. Adopt the attached appropr�ation ordinance �ncreasing the estimated receipts and apprapriations to the Grants Fund in the taial arnount of $9,$27,252.04 consisting of $6,193,950.00 in Communify Developmeni Block Grant funds, $2,143,383.00 in HOME In�estment Partnerships Pragram funds, $493,90�.40 in Emergency Solutions Grant funds and $996,018.OQ ir� Housing Opporkunities for Persons with AIDS grant funds, �ius any program income, all subject to receipt of s�ch funds. DISCUSSiON: The City`s Anr�ual Action Plan summarizes the major housing and community d��elopment activif�es and propos�d expendi�ures far use of fed�ral grant funds tataling $9,827,252.00 frarn the United States Departrrtent of Housing and Urban Development (HUD) for Comrriunity Development Block Granf (CDBG}, HOME Investment Partner'ships Program (HOME)� Emergency Sol�tions Grant (ESG) and Hausing Opportunities for People with AIDS (HOPWA) grant progr�ms for the program year b�ginning October 1, 2014 anc� �nding Sepfember 3Q, 2015. This year's Actior� Plan also summarizes the use of program incom� resulting fram activities using prior y�ears' CDBG and HOME funds. TE�e purpose of these grant funds is ta primarify benefit low and moderate incom� City residents, with E5G funds primarily benefiting homeless persons and HOP1111A funds primar3ly benefiting persons with HIVlAIDS. Staff de�eloped recommendations for the allocation af ihe estimat�c! funding from HUD and pr�s�nted them fo the Cammunity Developme�t Council (CDC) on May 21, 2014 and to the City Council at the Pre-Council meeting on June 1Q, 2Q14. Notice of a 3Qrday public comment period from July 2, 2014 to Ju{y 31, 2014 was puk�lished in the Fort Worth Star-Teleqram on June 28, 2014. Any comments received will be maintained by fF�e Housing and Economic Development Department, in accordance with federal regulations. The City will hold two public hear[ngs as par� of the HUD-required citizen participation process, the f�rst an July 22, 2094 and the second on August 5, 2014 at which time the City Courtcil is scheduled to a�prove the Action Plan. In additiort, public hearir�gs were held an .�une 24, 2p14 at 10:00 a.m. and 6:Q0 p.m. for citizens to provide comment on the praposed list af n�ighborhood streets eligible for reconstruction using CDBG funds. A summary of the CDC's funding recommendations is provided below in Tables 1, 2 and 3 and a spreadshee# of all specific funding recommendations is aitached. The Action Pfan must be submifted to HUD by August 15, 2014, For Program Year 2014-201�, it is recamm�nded that fhe amounf af $fi,193,950.00 in CDBG funds and the estimated amaunt of $50,000.00 af C�BG proc�ram income be allacated as follaws: �ub�ic Ser�ices y �929,092.50 This item includes social �er�ices for low to moderate income, rlEsabled and disadvantage popuiations, Housing Programs and Services - $2,'15D,600.00 This [tem includes funding for the City's Priority Repair Program, Cowtawn Brusfi�-LJp, hom�buyer and housing services and accessibElity modi�ca#ions to the homes of senior andlor disabled individuals and related project delivery costs for these programs. CD�G Match Funds a $�OD,�OO.aU This item includes mat�h funds for th� Lead Grant pragram. lnfrastructure S�rvices - $638,1�6.�0 This item indudes funding for recanstruc#ian of neighborhoad streets. CD�G Econom�c Der�efapment � $737,340.70 Th�s item is t�e City`s annual payment on its Section 108 loan from HUD. http:l/apps.cfwnet.orglcauncil�acketlmc_review.asp?I[}=200278�councildate =8I512014 �6 11N8120i4 � M&C Review GDBC Estimated Program Income � $50,Od0.Q0 The CDC recommended allocating any CDBG pragram income for the reconstr�tction of neighbarhood streefs. CD�G General Administratian � $1,�3�,�'90.00 This ite�'r includes costs for administering the CDBG grant inc[uding allacations far Financial Manag�ment Services, Internal Audit and Trarrsportatiot� ancf Public Works Depariments. For Prog�am Year 2a14-2015, it is recammEnded that the amo�nf of $2,143,383.00 in HOME funds and the estimated amount af $100,0OO.OQ of HOME pragram incom� be allacated as foliows: Homebuyer Assis#ance Program - $'1,097,�05.70 This items includes funding for down payment andlor closing cost assisfance to faw and moderat� incame homebuyers. Cammunity Develapment Housing �rganixations �CbDO) Set kAside a$3�'C,�Ol.40 HUD requires khat a r�inimum af 15 percent of HOME funcls be allacated to CHDOs for affordabfe housing projects and GHDO administrati�e operatin� costs. These funds will be usec� to complete #he Hillside Marningside Neighborhood Single Family Infill Development which wil[ resulfi in the construction of up to 17 single family F�ouses bythe Tarrant County Hausing Partnership CHDO. Multifamily pevelopment � $570,131.60 Funding will be useci for the Columbia at Renaissance Square, an ap�roximately 140-unit mixed incame development, with 28 mark�t rate units. The rest af the units will provide quality affordable f�ousing ta For� INorth farnilies wit� incomes at or below 80 percent of Area Median Income. The de�elopmen# wi{I be located ai 3801 W.G. Daniels Drive in Council District 8. HOME Cenera! Administration - $�14,338.3Q This item includes costs for administering the HOME grant. HDIIflE Estimated Pragrarr� Income - $100,004.00 The pragram income will be used in the City`s Homebuyer Assistanc� Program. For Program Year 2014-2015, it is recommended that the amount of $996,(?18.00 in HOPWA funds be allocated as foffows: hlon-Prafi# S�rvice Praviders - $9�6,137.46 HO�WA Pragram Adminis#ra�ron - $�9,880.54 For Program Year 2014-2Q� 5, it is recammended that the amount af $493,9Q1,00 in ESG funds be allocated as follows: Nan=Profit Service Providers � $4�6,8�8.42 ESG Pragram Adminis#ration � $37,04�.�8 The CDC and Staff recommend that contracts be executed with the agencies Eisted belaw in the amounfs s�town in the followir�g tables: Commtanitv Develonment Blocic Granf: � � http:liapps.Gfwnet.orglcouncil�ackeUmc review.asp?ID=2�d27&cauncildaYe-Bl5l2014 �6 11118l2014 M&C Review Table 1 � C�B� Agencies - rgani�ation �Women's Center of Tarrant County Senior Citizens af Greater Tarrant County YMCA of Metropolitan Fort Worth YWCA of Fort Worth and Tarrant County Ch�ldcare Associates �Giris Inc. af Tarrant Counfy �Camp Fire �Lena Pope Home �L.adder Alliance �Tarrant County Housing Partners�ip IPresbyterian Night 5helter ��program �Senior Services ��5enior Ser�ices �,Child Care Services 1 Child Develapment �IChild Care Services ��Youth Services I(Youth Services jjYau�h Services � Empla�men�IJob Training 1 Housing Counseling & Educaiion Case Mana�ementlMain Shelter Meals on Wheels of Tarrant County Home-del�vered Meals Pragram CD�C� �ublic Service Sub�o4al � *REACH Resource Center on 1INe�d-Prajeci Ramps Independent Living � �Tofia1 ���C �on#rac�s �� *REACH will be funded fram fhe CDBG Housing Pragrams budget. program Housina Onqortunit��s For Persons Wifh AIDS: 7able � - Fi�P1aVA Ag�ncies Organization j i Tarrant County Samaritan Housing, Inc. AIDS Oufireach Center, Inc. TOTAL H OPllVA Contracts I ��Amount j � $ 75,000.00 � $ 93,092.50 50,000.00 � �o,aoo.oa 50,000.00� 75,000.00� 75,000.00 � 75,OQ0.00� 75,OOQAO� $ 124,00�.00 $ 82,ona.00 � � o�,oao.00 ��$ 929,092.50� Il� 7�,o�a.��� �$1,004,09�.�Q � II Amount � Adrninisiratian {seven percent) and Suppar�ive Services $409,384.46 Adrninistration (se�en percent), Supportive Services, Tenant Based Rerttal Assistance (TBRA), and 5hort Term R�nt Mortgage and Utility Assistance (STRMU) Emeraencv Salutions Grant: Tabfe 3 - ESG Agencies �5��,���.oa $986,137,4f e htt�;/fapps.cfwnel.arglcouncil,.packeilmc_review.asp?ID=20027&councildate=81512�1g 4�S lilis12o14 � . i • �'� Organization ISafeHaven of Tarrant County Presbyterian Night Shelter Day Resaurc� Center for the Homeless The Sai�ation Army, a Georgia Carporation Cathalic Charities of Fort Worth YOTAL E5� Contracts M&C Revie�u Progra�n Sh�lter Services 7 Amount $ 85,Q65.04 � Shelter Services $ 95,544A0 I � Shelter Services $� 15,732.00 Homeless�ess Prevenfiar�IRapid Re- � 43,13C.Oq Housing HomefessnessPreventionlRapidRe- ���7,381.�42 Hausjng $4a6,8�8.�6� � Th�s� pragrams are availab[e in ALL COUNCIL DISTRICTS. F15CAL INFORi�iAY[ONICERTIF'ICA7IAAl: The Financial Ma�a�ement Services Direetor cer�ifies that uport approval af the a�o�e recommendatiorts, adoption of the attached appropriatian ordinance and receipi of grant funds, funds will be available in the current operating budget, as appropriated, of the Grants Fund. �0 �undlAccountlCenters GR76 451i27 0172Q6720XXX $6.'193.9�0.00 GR76 5XXXXX 017206720XXX $6.193.950.00 GR76 451727 017206721 XXX $2.143.383.00 GR76 SXXXXX 017208721 XXX GR76 451727 0�7206723XXX GR76 5XXXXX 0'[7206723XXX GR76 451727 01i20fi724XXX GR76 SXXXXX D17206724XXX GR76 476099 017206T20XXX �R�s sx�ocxx a� 72as7aaxxx GR76 476675 0'17206721XXX GR76 5XXXXX 0'f7206721XXX $2.143.383.Q0 $493.901.Q0 $493.901 AO �996, D'18.00 9i996.01$.OQ $50.000.00 $�a.000.ao $1D0,000_OD $100.00OAO Submitted for Citv IV�anaaer's Office bv: Oriainatina Deoarfinent Head: Additional lnformatian Contact: FRO{411 F�undlAccauntlGer�ters Fernando Costa (6122) Jay Chapa (58d4) Cynthia Garcia (8187) Leiicia Radriguez (7319} ht�p:llapps.cfwnet.orglcouncil�ra�keUmc re�iew.asp?[[]�20027&councildat�8l5I20ik �� 11118l20i4 ATTACHIIIIEIViS 17HU[]ACTIONPLANPY2014-2015 AO 2014.docx Action Plan 14 -15.ndf PROPOSED 2D14 CDBG Streets Attachrnent.pdf AA&C Review http:llapps.ciwnet.orglcourse9l�ackeUmc review.asp?ID-2�027�councildate=815l2014 G16 ����,��°�' ��:�G���'�'����' L�J`��L+I Y�Qr��1�9 �lau �__�rr�_—..�`�—...��,. ' �� �� �� �� � �rJ November 5, 20I5 Presbyterian Night Sheltei• Attn: Toby Owen, Cksief Executive �fficer 2400 Cypress Street Fort Worth, Texas 76102 RE: Final Budget Revision of City Secretary Conteact Na. 46158 and 46158 A-1 between t�e City of Fort Worth ("City"} and Presbyterian Night Shelter ("Agency"} fflr CDBG Funds ("Contract") Dear Mr. O�ven, This letter is to advise you that the Budget line items in the Contract witla your Agency will require a iinal re�ision. As ouilined in Section 5.2.2.2 of ihe Contract, Agency rnay increase ar decrease lin� item ainourits in the Budget, subject to wriiten approval by the Director ofthe N�ighborhood Sezvices Department. In order for Agency to expend a�l CDBG Funds, City will waive the June 1, 2415 deadline for Agency requests far Budget amendments. The Budget shown on EXHIBTT "B" — BUDGET Revised 071�015 of the Cantract is hereby replaced by EXHIB�T "S" — BUDGET Revised 1dIZ01� atfached to this letter, and deemea effective as of October 1, 2014. To indicate your agreement with the revised Budget and its Effective Date, please sign where indicated below and return four copies of the original executeci documants to the following address at yaur earliest convenience: Neighborhood Serviees Depattment Attn: Leticia Rodriguez, Neighborhood Developmant Coordinator City of Fort WQrth 1000 Throclanorton 5treet Fort Warth, Texas 7b102 Sincerely, ACCEPTED AND AGR.EED: Presbyterian NigfShelter By: ,l � _ _ — � � Toby O t�f Executive �fficer _ _� - , Allison Gray, Actin� Dye�yi�r Neighborhood Services llepaiRment Approved as to F r and Legality: h I Assistant City Attorney �, � � Attest� ' � � � City Secre� � ��S M&C C-26893' Date: 0 �� 1 ``� ����� ' _ . -� � _ , _- ,,.�� �� � � �'' S��R�'�16R�" � �?�� Y �`� r - � � • EXHIBIT `iB" — BUDGET Revised 1U1�015 — — � (e�.�i�t lii�a�.l ` Iutetues' I7CCIi41i�' I�4'S'lr�'1! r�L{'filllll { i�l'�h,h� Eloidi rl :klttil�l�'I'�t�k'f�1Vk: �NUi"14'.S t��t.l' - --- ...��— 5alanes 14Ui ^ � � FICA � 1002 -- — I � Lifelnsurance � 1003 I I I Health Insurance I 1044 - - � �Disability [nsurance � IQOS � � - Unemployment 3cate � 100b � { � Accoun�in� 1 D�7 I I TOTAL A.�MINISTRATIVE EXPENSES i i -I I � % Administrative Cost 1 I I I �� ' ' - alaries ,�.041 64,990 11,589.83 55,400.17 I'ICA 2002 5,124 I 1,007.94 4,116,06 Life Tnsurnnce � 2003 I ` I � i3ealttt Insurance 2004 � 5,785 + I 224.90 5,556.1.0—, � Unempfoy}nent 2pfl5 � � � � Warker's Compensation � 2pp6 � � Rati�ment � 2007 I I I I � Office �uip►�ent Rental I M Yosta�e � � Printtng I Cantraet Labar {Ciry needs eopy afeontract I �efpre expenses can be reimbursed) I rai� suppttes � � Field Tnp Admission �xpenses IOther Field Trip Expenses (if preappro�ed by I City} � Fooc� SuPplies � Teachin Aids Telephnne Electric I Gas I Water arnl Wastewater � � Solid Wasfe Disposal � I Rent (Gity needs copy oflease before expenses I can be reimbursedj I Custodia! 5ervices � � Repairs — - - - � Cleaning Supplies E �ideliry Sond ar EquivaEent I Directars And O�cers � � General Cammercial Liabi�ity � � Contract Aacounting � �� Childcare Scholarships Sl�ort-term Rent Assistance Shart-ferm Mort�a�e Assistance � � Short-term iJtihties Assistanca � I OTIICIt EXPENSES � � TOTAL � 3002 � 3�03 _ ` 30Ud � 40D2 I 4003 I 40Q4 � 4005 4066 I aao� � I _ � I 5002 � I 5003 5004 � 2A,50� 12,&27.67 5005 1 — 50f)G I 50D7 I I SD08 � � ` 5009 I I I 6Q02 6003 b005 7002 I - 7003 7044 � - ] 02,40U � � I I 1 37,327.67 � I � - � � � - i - I — I 12,827.67 12,827.67 I 102,40D � f The following tables are purely informational and were creai�d solely for purposes of preparing, negotiating, and detertnining the reasonableness of the overall line item budget on the f rst page of this EXHIBIT ��B" — Bi�DGET and are no� to be considered part of the terms and eonditions of this Contract. Contractor may enake changes to any column except the "Position" eolumn in the "Sa�ary Detail" table without the City's consent sa long as the total amounts ck�arged to the grant do not exceed the line iiems an the first page of the EXHIBIT "B" — BUDGET. Changes to the column labeled "Pasition" may only be made with the prior written consent af the City. SALARY DETAIL Position Name Rate Annual Hours Percent to Grant �lmount to Grant � Case Manager 33,495 2,080 100% 33,495 � Case Manager 33,495 2,OSQ 65.40% 21,905.17 � � TOTA�. � � FICA � Life Insurance �Health Insurance Unemployment � Workers Compensation � Retirement � TO'TAI. � Offtce Supplies � pffice Equipment Rent�1 � Postage Printing TOTAL Contract Labor Craft Supplies � I'acility ]Cees � Field Trip Costs � Faod Supplies � Teaching Aids � TOTt�L 66,990 FRINGE DETAIL Pcrcent of Payroll Amount 7.65% 39,096 11.57% 59,113 l.l 8% 6,031 1.32% 6,74fi 110,986 5�.�% 55,400.17 Percent to Grant Amount to Grant � 10.53°/u 4,116.06 9,40% 0 0 5,55b.1fl 0 � 8.71 % 9,672.1G SUPPLIES AND SERVICES Total Budget Percent to Grant Amount to Grant 1 1,875 0 0 1,875 0 p � MISCELLANE�LTS Total Budget 1'ercent to Grant Amount to Grant 15,flSfl fl a �6a,atz o 1i9,892 a 0 � � Telephone � Electric Gas Watar and Wastewater Solid WasteDisposal � Rent � CustadiaJ Services � Repairs � Cfeaning Supplies � TDTAL � Fide�ity Bond (or Equivalent) � General Commercial Liabi[ity �Directors and �f�icers Contract Accounting � TOTAL � Childcare 5chalarships Shart-Term Rent Assisfiance Shori Term Martgaga Assistance � Shart Term UtiIities Assistance � Tenanf Based Rentai Assistance � TOTAL FACILITY AND UTILITIES Total Budget Percent ta Gtant 8,815 0 37,800 0 9,120 0 53,805 69.38% 7,056 D 32,783 0 39,523 0 1 S8,9D2 19.7U % FINANCIAL AND INSURANCE Total Budget Percent to Grani 16,733 0 16,933 0 DIRECT ASSISTANCE Total Budget Perc�nt to Grant Art�ount to Grant 0 0 a 37,327.67 0 0 0 37,3tiy.6i Am ount tn Grant 0 � 1 0 , Amount to Girant 1 1 0 ���r' ���+'��9 , , ��r��� ��. � ���� I�� �,. . � . � i ,�, � ;! I' , i ,, . NUW, THEREFOR�, City and Agency hereby agree to am�nd the Contract as follaws: I. �- � . , i: , ; �; �, � FIRST AMENDMENT TO CITY S�CRETARY �ONTRACT NO. 461�8 WHEREAS the City of Fort Vi�orth ("City") and Presbyterian Ni�ht Shelter ("Agency") inade and entered inio City Secretacy Contract No. 4615$ ("Contract"); WHEREAS, the Contract provides Funding to Agency pursuant to a grant received by City from the United Sfiates Department o� Housing and Urhan Development {"HUD") �hrough the Community Development Hlock Grant Program {"CDBG"}; V�I�REAS, Agency pravi�es s�rvices io a presumed beneiii population pf which 100% must be low and nnaderate income as de£'ined in 24 CFR Part 570; WHEREAS, Agency has been operating without closin:g since October 201Q� and has requested additional CDBG Funds ta hefp it pay the addi�ional utility bills it has incurred; WHEREAS, it is the mutual desire of City and Agency to amend the Contract to add an additional $�U,40�A0 oi CDBG Funds fox• a tatal Contract a.mount o� $10�,400,00 and reduce the number of Unduplicated CIients ser�ed by the Prog�•am iroin 9�0 to 80a because the level of service to the clients was inereased due ta tk�e 2�-hour operation af the facility; WHERAS, it is necessary to elarify Agency's reporting requirements regarding the clients it serves in the Program �ar which city is furnishing CDBG Funds in accordance with the Cantract, arid VVHEREAS, it is the mutual desire of City and Agency to amend the Cantract to complate the Pragram and meet Contract objectives. Section 2. DEFIN�TIONS is ame�ded by subst�tuting the fallowing far the current definztions in the Contract: "Direcior means the Director of the Neighbarhood Services Departmeni." .•� ��a��� .. �. ; �� � � �"'rl � "Income El'rgible Clie�t meas�s a client whose annual income adjusted for family size does not exceed SO°/4 of AMI using the most current �IUD Cnco�r�e Guidelines and Technical Guidance for Deterinining Incorr�e and Allowances. The de�nition of annual income to determine client incame eligibility shall be the definition cantained in 24 CFR Part 5.609, as amended froin time ta time. " "National Objective means an activity that benefiis low and moderate income persons. For the �urposes of this Contract, 100% of t�e clients served by the Progratn must be Incaine Eligible Clients." Amendment No. 1 to CSC No. 4G 158 Presbyterian Night Shelter (CDBG) � ���t�i�e� ����r��� �fi'll 5��1��`��R� I�"�, jl�n��`� �'Sr, Page I Re�. 07/2Q 15 "Neighborhood Services Department means the City's Neighborhood Services Department." "Source Documentation means documentation as described in Section b." "Unduplieated Clients means a count af al1 clients 5�rved by the Program at least once in the Cantract tertn. Client� served by tlle Program more than once in the Cantract term will oniy be counted the first time they are served �wlaen determining the �otal count of Unduplicated Clients." Section 2. DEFZNITIONS is amended by deleting the following definitians in tHe Contract: "CDBG Eligible Client means a client whose annual income adjusted for family size does not exceed SU% of AMI using the rnost current H[JD Income Guidelines and Technical Guidance for Determining Income and A1lawanees veri�e�i by either Sourca Documentation or the for�n in Exhibit "E" — Form of Income Self-Certifcatiou. Agencies serving 100% Clientele must follow the requiremer�ts set forth in Section 6.1.3." "HED Department rneans the City's Housing and Econornic Development Department." z�. SECt1Di1 4.I Provide CllBG Funds is deleted in its entirety and replaced by the follawing: "4.l Provide CDBG Funds. City shall provrcie up to $102,400.00 of CDBG Funds under the ierms and conditions herein." Sections 53.3 and 5.3.4 ace deleted and replaced by the following: "5.3.3 Failure to rr�eet at least 80% of its performar�ce milestones oj• ser�e 800 UndupSica#ed Clients und�r this Contract will autoinatically disquafify Agency for consideration under the City's Request for Proposals �or the 2016-2017 Program Year for Federal grant funcis." "5.3.4 Amendments to performance milestones must be approvEd by the Director in writing, with sueh appro�aj being in the Direcfior's soSe discretioj�. If Director approves the Agency's proposed amended performance milestones (as appraved, the "Amended Perfornr�ance Milestones"), then the Amended Performance Milestones will take ef�ect on the first day af the month follawing the month in which it was approved by Director, unless otherwise speoified in the amend�r�ent. A11 reyuests for amendments to performance milestones must be sub�nitted by June 1, Amandment No. 1 to CSC No. 46158 page 2 Presbyterian Night Shelte�• (CDBG) ReW. 07/2015 201�. Notwithstanding the above, ar�y amendments to perforxna.rice milestones shalj not reduce ti�e numbers for serving S00 Unduplicated Clients stated in Section 5.3.3." Section 6. CLIENT ELIGIBILITY VERIFICATI4N is deleted in its entirety and replaced by the following: "6.1 Client Eli�ibilitv. Agency nnust dacument that alI clients served fall under a"prasumed benefit" category as de�inad in 24 CFR Part 570. ltelevant categories of presumed benefit are: s�verejy disabled adults, homeless persons, abused or neglected childr�n and youth ar elderly persons. Agency will docurnent client eligibi�ity as follows: 6.1.1 Severelv Disabled Adults. Written, signed and dated diagnosis from a licensed medical professional. As an acceptable alternative, Agency may use the farm attached hereta as Exhibit "H" — Severely Disabled Certification Form. 6.1.2 Homeless Persons. Written, s�gned and dated certification from an outreach worker. 6.13 Abused or Neglected Children and Youth. Written, signed and dated cet�ification from an out�each worker. b.1.4 Elcierlv Persons. An elderly person is defned as being at least 6� years of age. A birth certificate, driv�r's Iicense, passport, irnmigration card, military identif cation, or any other state, local, natianal or international documentation, pro�ided it contains current infarmation about the age ar birth of the possessor. The farm in Exhibit "E" — Fawm of Incorne Self Certification also requir�s tliat potential clients list their age and ce�rtify the validity of the iniarmation provided. This should only be used as a last resort with an explanation in tile iile case nates indicating why ti�e formal forms of verification were not availa6le." G.� Sub�g�ssian af Comnlete Docam��tation. Agency must submit copies of all �I�gibility verificati�n documentation described in Seetion 6.l with Attachment III in each month's Reirnbursement Request for all Unduplicated Clients served far the first time, and must maintain copies of such docuinentation as requireci under this Contract. 6.3 This Section b shall be applicable for the Contract term and for 5 years thereafter and shall surviv� the earlier terminatian or expiration afthis Confcact." IIT. Section 9.2.2.1 and Section 9.2.2.2 are deleted and replaced by the following: "9.2.2.1 For payroll expenses, timesheets signed by employees and app��oved Amandment No. 1 to CSC No, 4G158 Page 3 Presbyterian Night Shelter (CDBG) Rev. 07/2015 by supervisor for aI� payroll expenses listed. Tiinesheets inust dis�inguish between CDBG-funded time and non-CDBG fundeci time and reflect actual time spent on CDBG-funded activities. A�ency may not submit payroll expenses dated more than 1�0 days befare the date af tile Reimbursement Request. 9.2.2,2 For non-payroll expenses, invoices far each expense listed with an explanation as to how the invaiced expense pei�tains to the Program. Agency may not submit invoices dated more than 1�0 days before the date of the Reimburse��aent Request." The first santence in Section 1'� ZNSURANCE AND BONDING is deleted ar�d replaced by the following: "Agency will maintain coverage in the form of insurance or bond in the amount of $102,40D.dD to insure against loss from the fraud, theft or dishonesty of any of Agency's officers, agents, truste�s, dzrectors ar employees." IV. Section 9.2.3 Attachment III — Client Data Reuort is deleted and replaced by the following: "9.2.3 Attachrnent III -- Ciient Data Report This report shall list each Unc�uplicated Client served during the rnonth along with his ar her demographic information. The Client Data Report must maintain a list of all clients served during the Contract term, ineluding non-Fort Wor�h clients. In arder foz• this report to be camplete, the following must �e submitted: 9.2.3.1 Documentation of income verificatinn far each Unduplicatec� Client, including non-Fort Worth clients, the first tim� he or she is served by the Program, which will either be Saurce Documen�ation ar the completed forrn of E�hibit "E" - Form of Income Self Certi�cation." V. Exhibit "A" — Program Summary, Exhibit `B" — Bndget, and attached ta the Contract are hereby replace� vvith the attached Exhibit �umimary Revised 071201�, ExhiUit "B" — Sudget Revised Di/201�, Attachment III Revised 051�015. Amendment No. l to CSC No. 46158 P�•esbyterian Night Shelter (CDBG) Attachmenf III "A" -- Prograrr� and tl�e attached Page 4 Rev. 07/2015 VI. This amendment is effective as of the Effecti�e Date of the Contract except for the arnendments to Attachment TII Revised 05/241.5 which shall be ef%cti�e May 1, 2a15. VII. All terms and conditions of the Contract not amended herein remain unaft'ec�ed and in full foree and effect, are binding on the Parties and are hereby rati�ed by the Parties. Capitalized terms nat defined herein shall have th� ineanings assigned to them in the Cont�act. [SIGNATURE� APPEAR ON FOLL4WING PAGE] Amendment No. 1 to CSC Nn. hb158 Page S Presbytarian Night Shelter (CDBG) Rev. 07/2015 ACCEPTED AND AGREED: PRESBYTERIAN NIGHT SHELTER �—' ,.— By. �--� � O en, CEO ATTEST: � �� C�ity 5� M&C: � 1 �� CTTY OF FORT WORTH By.+ _ � � % —� ��_� �'ernando Casta, Assistant City Manager APPROVED A.� TO FORM AND � LEGA�rIT� �- i' %/ -� y � ��L��e�c.� � „ �"�""`" Assist�nt City Attorney ��F��IA� �E��� ��7°Y' S�C�L��'���' I �. �I�`��, °�'i� Ainend�nent No. 1 to CSC No. 46158 Presbyterian Night Shelter (CD$G) Page G Rev. 07l2015 PRESBYT�RIAN NTGHT SHELTER Shelter Based Case Management and Services PROGRAM SUMMARY (�CDBGj October 1, 2Q14 ta September 30, 2015 PERIOD EXHIBIT "A" PROGRAM 5UIVIMARY Re�ised a712015 $102,400.OU AMOUNT Capitalized �erms not defined herein shall have meanings assigned them in the Contract. PROGItAM: The Program will expand case Rnanagement seivices for horneless persons in Agency's emergency sheIter to help clients �'ind housing, employment, and support services to increase self sufficiency. CDBG F�rnds will be used ta pay for salaries and fringe benefits far � case managers and a porkion of the utilities for Agenc�'s einergency shalter. Program services wil� be available at 2400 Cypress Street, Fort Worth, TX 76IO2. Agency's shelter provid�s ser�ices 24 hours a day, 365 days a year. REGULATORY CLASSIFICATION: [DIS Matrix Cade{s) and Service Catagory: OS Other Public Services National Objecti�e Citation: LMC Low/Mod Limited Clientele 24 CFR 570.208(a){2) Regulatary Citatian(s): 24 CFR 570.201(e} Agency will maintain doeum.entation that verifies lOQ% of clients served by the Program are Homeless Persons per the Fresumed Benefit CDBG clientele category and th�refare are at or below 80% of AMI. PROGRAM GO.ALS: Minimum Contract Performance Outcome: The Program must serve a rr�inimuin af $00 Undu�licated Clients as shown by the monthly reports on Attachment III. Ame�dment No. ] to CSC No. 4615 S Page 7 I'resbyterian Night 5helter (CDBG} Eiev. D712D 15 EXFiIBIT `B" — BUDGET Revised a7/2415 A cnru n f uuut i ooa i oa� 10U4 I005 i006 IQ07 2001 2002 2003 2004 2005 2406 20D7 Offioc 5upv[ies 3Q01 � O�ee EquipmentRental 3002 � Pasta�e 3003 � Printing 3004 �St'r�1.�4�U�Oi;s � Construction/Building Materials (only REACH) 4p01 Contract Lahor {City needs copy af cantract before expqnses can 6ereimbursed} 4002 � Craii Supplics 4003 � Fieid Tnp Admissian �xpenses 4004 Other Field Trip Expenses (if preapproved by City) 4005 � I�aod Supplies 40fl6 � Teachin Aids 9007 I AL1h�IL�ti]��FkA���i�'L+ tllllPlS'A O*�LY.1 I Salaries I rica, I Life [nsurance I Healfh Insurance I Disabilily lnsurance I Unemployment-5tate Accounting � TOTALADMINISTRATIVE i:XPL�NS�5 � % Administrative Cost � PitOCF{L1i41 PE���CINNRL � Salaries � FICA � Life Insu�ance Health Insura�ee Unempioyment Worker's Compensation Retirement I �i�P�l,�r� n��i �1FI�Y1C'�5 _. .— - -- � - — — FACIT.I�'1� ei�'l.r �'I'IE.17'iP:�; Teleplione Electric Gas � Waterand Wastervater � Solid Waste Uisposal Rent {City needs copy af lease before expenses can be flrimbur�ed) � Custadial Services � Repairs � Cleaning Supplies � I.Rfir►I., �'IN�1N{'Ir�S,. A�1D fIYSL1�R�►l+iCG � FidelityBondprEquivaient � Direntors and Officars � General Commercial i.iabiiity � Contract AccounCing � DCRECT,i��3�TAIVCE � Chifdcare Scholarships � Shorf-term l�e�t Assistance � 5hoh-tenn Mort�a�e Assistance � 5hort-term Utilities Assistance � bTFIER �7CP�iYSC� � TpTAL T'UNDING A: Dll2EC'fLONS HOME FIINDING $: 43TH�R GOV�I2NMENT FUNPING G: PRIVATE CQNTR[SU'E'IONS Amendment No. l to CSC No. 46158 Presbyterian Night 5helter (CDBG) 5001 5002 soa� 5D04 5pQ5 50D6 5Do7 5008 SQQ9 nD01 6D02 G003 6005 7001 7002 7003 �aaa S:rnni ilnd�ri :1 IS j C f[}'iAl- � � � I � � � � 66,99U � 77,542 65,986 300,560 S11,078 � S,I24 5,932 2,OS7 25,983 39,U95 � 5,78G 9,302 9,022 35,003 59,113 I 915 5, l 16 6,03 I � I,U24 5,722 6,746 24,5�0 13,0�0 16,305 53,8D5 � � ]02,4a� I 94,715 40,065 3$8,689 b55,4b9 Page 8 Re�. 07/2015 The falIowing tables are pUrely informational and were created solely for purposes of preparing, negatiating, and determining the reasonableness of the overajl line item budget an the first page of tltis EXHIBIT "B" — BUDGET and are nat to be considered part of the ternis and canditions of Yhis Contract. Contractor may make changes to any column except the "Position" coiurnn in the "Salary Detail" table without the City's consent so long a� the total amounts charged to Che grant do not exceed the line iterr�s on the first page of the EXHIBIT "B" — Bi1DGET. Changes to the column labeled "Positian" may only be macie vvith the prior written cqnsent of the City. Posiiion Name Case Manager Case Managar TOTAL � FICA Life Insurance Health Insurance Unemployment � Workers Coznpensation � Retirement I TOTAL I � Office 5uppli�s � Office �quipment Rental � Postage � Printing � TOTAL I � Contract Labor � Craft Suppiies � Facility Fees � Field Trip Costs � Food 5upplies � Teaching Aids I TOTAL SALARY DETAIL Rate Annual Hours 33,495 2,080 33,495 2,080 Percent to Grant i00% i aa�ia �RINGE DETAIL Fercent of Payroll Amount Percent to Grant 7.GS°10 39,09b 1311 % I l .57% 59,113 9_79% 1.1$°10 6,031 0 1.32% 6,746 0 SUPPLIES AND SERVICES Total Budget Percent to Grant lyfilS O MISCELLANEOUS Total Budget 15,080 1G4,812 Percent to Grant a 0 Amaunt to Grant � 33,495 � 33,495 � � � � 6G,990 Amount to Grant � 5,124 � � 5,786 � 0 I 0 � 10,910 Amaunt ta Grant � 0 Amountto Grant 0 0 a Amendment No. 1 to CSC No. 4615$ Page 9 Presbyterian Night 5helter (CDBG) Rev. 071201 S Telaphone El ectric Gas W ater and W astewater Solid Waste Disposal Rent Custodial Services ILepairs Cleanin� Supplias TOTAL I � Fidelity Bond (or Equivalent) � General Cormnercial Liability � Directors and Ofiicers � Contract Aceounting � TOTAL Childcara Scholarships Short-Term Rent Assistance Short Term Martgage Assistance Shork Term Uti[ities Assistance Tena�rt Based Renta[ Assistance TDTAL Amendm�nt No. 1 to CSC No. 4615$ Presksyterian Night Shelter (CDBG) FACILITY AND UTILITIE� Tokal Bud�et Aercent to Grant 8,815 � 37,800 0 9,12U 0 53,805 45.5% 7,OSb 0 3�,783 0 39,523 0 FINANCIAL AND 1NS�.TRANCE Tatal Budget Percent to Grant I G,733 0 DIItECT ASSISTANCE Tota] B�zdget Percent to Grant Amoue�# to Grant 0 0 0 24,5a0 0 0 0 aa,�oa Amount to Grant J 1 a � 1 � a � Amount to Grant 0 Page 14 Rev. 07/2015 ATTACHNIENT III CLIENT DATA REPORT Revised D5/2015 � �� t, �� x� �� i � F� ��� �,� �1�i ?j! �' �i i i i � �. i ,1�� � � ! I, , ;',+' , I , I � � �; ' ;� si��j �,���, � ' M �',. 1 �' ; ,� ' r ' y,� . i i I ' I � � � �: ��`I ,d��— -— il�.��.�� � ���F � � �� � ��1� I I I I I I i i�� ; �� ,; I � I I I I � ; �r � e �� . � -- i , --. �� ��� � + i �� �+i� '� t— +� � I i �I � I I � ' ' � —.,, I � , � �1 . � �.� ��; i , - ; -- � i �w E i � I t� � I i�� ,� � � i I �1� I� e . : � ��I ��� ` f.{ I �i � i I I I I ��,� ��# --- I -, � � - � ' �� ��� � � � I i ��� � � i .; ,;; � � H` �i� � � . I �� � � — �ry'� ••.•�...��� ]9b1:lSLHnr�klifll��riirsuf+lP�k� Amendment No. 1 to CSC No. 4G158 Page ll Presbyterian Night Shelter (CDBG) Rev. 07/2p 15