HomeMy WebLinkAboutContract 44864 CITY SECRETAKT
STATE OF TEXAS §i. CMRACT N01,1
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C .N T Y F T III A T
This contract ("Contract") is made and entered into by and between the City of
Fort "worth (hereafter"City" and Presbyterian terian Night Shelter of Tarrant Count hereafter
"Agency"), Texas nonprofit corporation. City and Agency may he referred to
individuals as Part
" and o.jointly as `the Parties".
The Parties: state as follows:
WHEREAS, City receives grant monies from the United States Department of
Housing and Urban Development HUD" through Emergency Solutions Grant Program
('ESG"), Pr gra: Now S 3- C - 006, Catalog of Federal Domestic Assistance No.
X4.23
WHEREAS, the program is intended to,provide homeless persons or person
at risk of becoming homeless
with financial assistance, basic shelter, essential supportive
servi,ces, and/or operations, as applicable;
WHEREAS, Agency submitted a proposal to use ESG funds for an eligible
program under the SSG Regulations whereby Agency will provide services to low and
moderate income City citizens,
WHEREAS, City citizens, the Community Development Council, and the City
Council have determined that ESG programs are needed by the City's citizens*
NOW, THEREFORE, the Parties understand and agree as follows:
h. INCORPORATION OF RECITALS.
City and Agency hereby agree that the recitals set forth above are true and correct
and form the basis upon which the Parties have entered into this Contract.
2. DEFINITIONS.
1n addition to terms defined in the body of this Contract, the terms set forth below
shall have the definitions ascribed to t hem as follows.
Area Median Income or AMI means the median family income for the Fort Worth-
l Arlington metropolitan statistical area as established annually by HUD. The 2013
income limits are attached hereto as Exhibit"A-1" 21113 HUD Income Limits.
�. :business I iovers ty Enterprise Ordinance or WE means the City's B
Ordinance, Ordinance No. 2000-12-2011.
OFFICIAL ORD
SECRETARY CITY
FT WORTH, TX
SG PSA CONTRACT 2013-2014-PRESBYTERIAN NIGHT SHELTER F TAB ANC COUNT
Complete Documentation means the following documentation as applicable:
0 Attachments 1, 11, and 111, with supporting documentation including:
• Proof of expense: copies of timesheets, invoices, leases, service
contracts or other documentation showing that payment is due by
Agency.
• Proof of' payment-, cancelled checks, bank statements, or wire
transfers necessary to demonstrate that amounts due by Agency
were actually paid by Agency.
• Proof of client ell"gibl'Ifty: (1) Source Documentation sufficient to
show that clients participating in the Program are ESG Eligible
Clients* or (ii) documentation other than Source Documentation to,
show that clients served by the Program are ESO Eligible Clients.
In the event that Agency is a facility that provides, a ic ubl service
p 1 9
this means documentation that clients served by Agency are ESG
Eligible Clients.
0 Complete Documentation shall meet the standards described in the
attached Exhi bit "Fl- Standards for Complete Documentatlion.
o Any other document or record reasonably necessary to verify costs spent
and client eligibility for,the Program.
D,BE means disadvantaged business enterprise.
DI*rector means the Director of the City's Housing and Economic uevelopment
Department.
Effective Date means October I, 2013.
ESG means Emergency Solutions Grant.
ESG Eli gl"ble Client means an individual or household that meets the definition, of
"homeless"' or "'at risk of homelessness" as defined in the HEARTH Act.
i
ESG Funds means the l grant funds supplied by City to Agency under the terms of
this Contract.
ESG Regulaflons means reguiat,ions found at 24 CFR Part 576 et seq.
HEARTH Act means the Homeless Emergency Assistance and Rapid Transition to
Heins 1 ng Act of 20091, 42 U.S.C. 113 02 e .
ESG PSA CONTRACT 2013-2014-PRESBYTERIAN NIGHT SII R OF T COUNTY 2
HEIR Department means the City's Housing and Economic Development Department.
HUD means the United States Department of Housing and Urban Development.
I S means HUD's Integrated Disbursement Information System.
Program means the services described in Exhibit "A"'—Program Summary.
Reimbursement Request means all reports and other documentation described 'in
Section 9.
Source Documentation means documentation sufficient under ESG Regulations to
establish an individual or household as an ESG Eligible Client
Unduplicated Clients means a count of ESG Eligible Clients served once in the Contract
Term. ESG Eligible Clients served more than once in the Contract Term will only be
counted once when determining the number of Unduplicated Clients.,
3, TERM,
The term of this Contract begins on October 1, 2013 and terminates on September
30 2014 unless earlier terminated as provided in this Contract.
4, DUTIES AND RESPONSIBILITIES OF CITY,
4.1 Provide ESG Funds.
City shall provide up to EIGHTY-FIVE THOUSAND SIXTY-FIVE and 00/100
Dollars ($85,065.00) of ESG Funds on a reimbursement of expenses, basis, under the
terms and conditions herein.
4.2 Monitor.
City will monitor the activities and performance of Agency and any of its
contractors,, subcontractors or vendors as necessary, but no less than annually
5. DUTIES, AND RESPONSIBILITIES OF AGENCY,
5.1 Reauked Services.
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Agency shall perform the services described in Exhibit "A"—Program
Summary in accordance with the terms and conditions of this Contract.
5.2 Use of ESG Funds.
5.2.1. Compliance with ESG Re ulations and Co�ntr,act.,
Agency shall be reimbursed for eligible Program costs with ESG Funds only if
City determines in its sole discretion that.-
ESG PSA CONTRACT 2013-2014-PRESBYTEFCAN NIGHT SHELTER OF TARRANT COUNTY 3
HE D Department means the City's Housing and Economic Development Department.
HUD means the United States Department of Hous,i*ng and Urban Development.
IDIS means HUD's Integrated Disbursement Information System.
Program means the services described In Exhl"bit"All—Program Summary.
Reimbursement Request means all reports and other documentation described in
Section 9.
Source Documentafion means documentation sufficient under ESG Regulations to
establish an individual or household as an ESG Eligible Client
Undupficated Clients means a count of ESG Eligible Clients served once in the Contract
Term. ESG Eligible Clients served more than once in the Contract Term will only be
counted once when determining the number of Unduplicated Clients.
3. TERM.
The term of this Contract begins on October 1, 2013, and terminates on September
301 2014 unless earlier terminated as provided in this Contract.
4. DUTIES AND RESPONSIBILITIES OF CITY.
4.1 Provide ESG Funds.
0
City shall provide up to EIGHTY-FIVE THOUSAND SIXTY-FIVE and 00/100
Dollars ($815,0615.00) of ESG Funds on a reimbursement of expenses basis, under the
tears and conditions herein.
4.2 Monikor.
City will monitor the activities and performance of Agency and any of its
contractors,, subcontractors or vendors as necessary, but no less than annually.
5. DUTIES AND RESPONSIBILITIES F AlGENCY.
5.1 Required Services.
Agency shall perform the services described in Exhl'bit"A"'—Program
Summary in accordance with the ten-ns and conditions of this Contract.
5.2 Use of ESG Funds.
5.x..1. Compfiance with ESG Re2ula bons, and Contract.
Agency shall be reimbursed for eligible Program costs with ESG Funds only if
City determines in its sole discretion that:
ESG PS A CONTRACT 2013-2014-PRESBYTERIAN NIGHT SHELTER OF TARRANT COUNTY 3
4' 0
5.2.1.1 Costs are eligible expenditures in accordance with ESG
Regulations.,
. .. Costs are in compliancewith this Contract, and are reasonable
and consistent, with industry norms.
Complete Documentation is submitted to City by Agency.
5.2,.2 Bu d
Agency agrees that ESG Funds will be paid on a reimbursement basis
accordance with Exhi'bl*t "B" - Budget. During the to of this Contract, Agency may
submit written requests to increase or decrease line-item, amounts in the Budget,
including an explanation of why such increases or decreases are necessary. All such
requests must be approved by the Director 'in writing, with such approval being 'in the
Director's sole discretion. If Director approves, the Agency's proposed Budget
amendment, (as approved, the "Amended Budget"), then the Amended Budget will take
effect on the first day of the month following t; e month in which it was approved by
Dlirecto,r, unless, otherwise specified in the amendment. All requests for Budget
amendments, must be submitted by August 15, 2014.
5.2.3 Cha!jge in Program Bit
5.2.3.1 Agency will notify, Cit, promptly of an,� additional funds it
�y y
receives for operation of the Program,, and City reserves the
right to, am,end th I is Contract in such instances to, ensure
9
compliance wiLth HUD regulations governing cost allocation.
0
51.2.3.2 Agency agrees, to utilize funds available under this Contract to
supip,lement rather than supplant funds otherwise available for
use in the Program.
5.2.4 Payment of ESG Funds to Agency.
ESG Funds,will be disbursed to Agency upon City's approval of Agency s written
and signed Reimbursement Requests inciuoing submission of Complete Documentation
to City in com pl*
iance with Section 9. IfAgency expends all funds budgeted for the
Program prior to September 2,0, 2014, City may hold back a small amount of the ESG
4 1
Funds until, 'the end of the term. During this interim peri0a, Agency must continue to
submit Reimbursement Requests with an invoiced amount of$0. It is expressly agreed
by the Parties that any ESG Funds either not spent or not approved for reimbursement to
Agency shall remain with City,.
ESG PS A CONTRACT 2013-2,014-PRESBYTERIAN NIGHT SHELTER OF TARRANT COUNTY 4
5.3 Pr am Performance Milestones,
Agency warrants that the Program will achieve the :following milestones:
'. ;,, r tl/l/T%f �. 4/r/ /ll�Ml� jJ f( 11� � '��""^°f(�/r'✓A ��i�'�qY��
/ r i/ /1 ✓ri l,lk dal r r r o rl rr4/ fl/dr' /Ir , r
/ r ri r✓ y!`r"iN✓,;Ilrri�r/rl kF:i� r,f'I ai" rr/r ✓,r"r 1(r,-,y`�/ti'llr,"nv✓ry p qy
r r r✓1 J1r 0 F /i/r l+r fao! �,,,.r'N i( "N GI r (i�,. ri;v�^Nf r f"7"
r„ Jll.
r r/ if
�'or.t" � /��I yr%r/ � „/m�/ i"���i ti��/r���r!)/�r/f�/Pj�r ✓Vr/lNf rr �Jr vi1 h, r p // r ! %1�1 ��rG�4Grf���/l/y/i///%✓✓�ili/� /�N!cr/ ,,,a
r,
3 27.27% 27.27%
6, 54.54% 54.54%
I 1 1 � 100'
Failure of Agency to meet these milestones or a material devil .tlon from, them as
outlined In this Section 5.3 is a breach o f this Contract. For the purpose of this, Section,
material deviation" shall mean more than 10% lower than the specified goal. In the
event of such breach, City reserves the right at its sole option to delay or withhold
payment of Reimbursement Requests, to lower Agency's allocation of ESG Funds, or to
terminate this Contract.,
5.4 Identily.Program Expenses Paid with ESG Funds.
Agency will beep accounts and records in such a manner that City may readily
identify and account for Program expenses reimbursed with ES Funds. These records
shall he made available to City for audit purposes and shall he retained as required
hereunder.
5.5 Match.
Agency must match ESG Funds dollar for dollar with other funding sources.
Potential sources of match include any sources described at 42 U.S.C. 11375(a). Some
common sources include: i Agency funding from non4edera.l sources and eligible.
federal grants, (ii) volunteer time, which may valued at 5/hour of time, and (iii) the
value, or fair rental value of any donated materials or space. T he monetary values Agency
assigns to a. pp
11 sources ol�"match are subject to review and approval by City'.
5.5.1 prior to October 1, 2013, Agency must submit to City a completed Match
Report on the forrn attached hereto as Exhibit it `1H11 Match Report detailing actual and
anticipated match sources.
5.5.2 With each Reimbursement Request, agency must submit a to g of fund
expended to date on the form provided in Exhibit it 6 H"- Match Report, plus
documentation of any match expenditures first reported n that month's eim �u.rserrrent
Request.
5.5.3 Records regarding g atc h funds must he kept by Agency in accordance
with Section 8.
5.5.4 If the expenditure of match funds and ESG .Funds is not happening at
approximately the same pace, City reserves the right to withhold ESG Funds until match
expenditures are substantially the same as ES�G Funds reimbursed to date.
ESG PSA CONTRACT 2 13�-2 _..e PRESBYTERIAN NIGHT SHELTER of TARRANT COUNTY 5
CLIENT ELIGIBILITY VERIFICATION.
6.1 Client EligibiliL.,
Agency will document the! eligibility of all prospective clients. agency may
redact the client's pea sonal information, and substitute! a client number. gency may use
for attached hereto as Exh t "I" Staff ESG Certification Form toy document the
eligibility of all prospective clients that receive direct financial assistance as described in
Sections 6. .. .2 (1-1), (1.11), and (I'v).
6.1.1 Agek es Receive n ESG ;Funds.
61.1.1.1 Coordinafion of Services. Agency must participate '.n the
local Continuum of Care and enter data in the local Homeless
Management Information System ('"HMIS"),
6.1 1.2 Homelessness, Status. Agency must verify that all new
clients meet the definition f homeless or at risk of
h me essn ss n the HEARTH Act, as amended ff m time to
time. Acceptable forms of verification include.
14.,. For emergency persons (shelter sl r .ces for homeless
including,ch deare for homeless, eltents).
A sued, dated statement from the client stating tat the
client is homeless, or that the client is home iess by �v rtue of
fleeing domestic violence.
Ii. For homelessness p,revent'l'on- financl'al assistance
services.
I Documentation that the 'individual or family has an
annual 'income at or below 30% of AM I,
2. Evidence documenting that the client does not have
su ffli lent resources r support networks
immediately available to runt them from moving
to an emergency shelter or another place defined i .
Category , of t a s s definition under the
HEARTH Act,
Documentation oclient's reasonable pr spects of
resuming payment of rest + r utilities, a a lip
within a r asi na le time, and
4. Documentation
assistance provided, including, but not limited t ,
. .voices, ast aue notices, and/or executed leases,
as applicable, and proof of payment by Agency.,
ESG PEA CONTRACT 2 3 2 PRESBYTERIAN N'IGHT SHELTER OF TARRANT COUNTY
For rapid re-housing services- 11, anc a assistance,,,
L Documentation that the 1'ridividual or family meets,
the homeless defiril"tion in the HEARTH Act,
2. Documentation of rent reasonableness,,
3. Documentation of client's, reasonable prospects of
resuming payment of rent and/or utilities, as
applicable, within a reasonable time,
4. Evidence documenting, that the client not
receiving assistance from other ra I
V
housing/homelessness, prevention agencies or
ft inding sources, and
5' Documentation supporting the type and amount of
assistance provided,, including, but not limited to,
invoices, past due notices, and/or executed leases,
as, appficablel, and proof of payment byt agency.
IV. For housing relocation and stabilization services,
L Documentation that services are provided for
eligible homeless, and at risk of homelessness,
It fw
clients as:delinied in the HEARTH Act, and
2. Documentation that any staff costs and or
relocadon/stabilization services di*rectly benefit the
eligible "*Individual and families and are clearly
distinguished fro the general admini strati lon of the
Program.,
6. .2 Performance Standards.
Agency must verify that the Program is tracking ES,G activities and outcomes, 'in
accordance with the City's perk nuance standards as described in Exhibit "G" - ESG
Performance Standards. Data mal"ritained in the HMIS or a comparable database is
prefierred.,
6.2 Submission of Complete Documentation.
Agency must submit, copies, olf'all eligibility verification documentation described
in Section 6.1 with Attachment III in each month's Reimbursement Request f r a1l
Unduplicated Clients served for the first time, and must maintain copies of such
documentation as required under this Contract.
7. Additional ESG Requirements.
Agency agrees tol comply with, all requirements of the E G Program as stated in
the SSG Regulations, including but not limited to the following:
ESG PSA CONTRACT 2013-2014-PRESBYTERIANNIGHT SHELTER OF TARRANT COUNTY 7
7.1 Envi*r,onmental ev l.
ESG Funds will not be paid, and costs cannot be incurred until City has, conducted
and completed an environmental review as required by 24 CFR Fart 58. The
environmental review may result in a decision to r c e with, modit , or cancel the
funding for the ro r am. Further, Agen ill not e or commit any toads to
physical or choice limiting actions as described 'in any applicable Federal regulations,
Any violation of this, provision will ) cause this Contract to terminate immediately'; and
(1'1,) require Agency to repay to City the ESG Funds it has already received and forfeit any
future payments of w
Environmental t t ry,
If a pllc b e, grey st take the mitigation actions outlined in Exhibit "A-2
Environmental Mifigation Actions. Failure: to complete the required mitigation
action is an event of default under this Contract.
7.2 Contr ct Not Constituting,Commitment of Funds.
Notwithstanding any prov ision of this Contract, the Parties agree and
acknowledge t
lit this Contract does not constitute a commitment n and that, such
commitment off° ftinds or approlval may occurs only upon (i), satisfactory completion of
environmental review and receipt by City of' an authorization to use grant from
HUD under , (11) approval, of City's Ac ti art, and (iii)
receipt by City of grant agreement from HUD,.
nit r Ly
7.3.1 Agency understands and agrees that City will monitor the adequacy ar
timeliness of Agency's performance under the terrns of this Contract as well as its
compliance! with the ES,G Regulations. Agency 'is, subject to such monitoring during the
term of this Contract and for 5 years after the Contract term ends. Agency
reports and cc ss to Program files as requested y City for during this r io . For
purposes of this Contract, this 5 year period for, monitoring i is deemed to begin on
October 1, 2014 and end on Septembers 30, 2019 regardless of whether or not this
Contract is earlier terminated.
7.3.2 e r esentat ves, of City, HUD, Comptroller
shall have access during regular business hours, upon 48 hours prior notice,, t o Ag nc 's
offices, and records pertaining to the s the ESG Funds, and to nc s officers,
rs,
directors,,, agents,,, employees, contractors, subcontractors and vendors for the purpose of
such monitoring.
7.33 In addition to other provisions s of this Contract regarding frequency of
oni t* ra City reserves the right terfor desk reviews or on-site ,. n,tor,. of
Agency's compliance with the ten-ns and conditions of this Contract. Ater each
m rrrtorrn visit, City shall provide Agency with a written report, of the monitor's
findings. f the monitoring report rotes deficiencies in Agency's performance, the report
shall 'Include requirements for the timely correction of said deficiencies by Agency.
ESG PSA CONTRACT 2013-2014-PRESBYTERIAN NIGHT SHELTER OF TARRANT COUNTY 8
'n '
railure by Agency to take the action specified in the monitoring report may be cause for
suspension or termination of this Contract as provided herein.
7.3.4 Agency agrees to likewise monitor the effectiveness of the services, and
work to be performed by its contractors,, subcontractors and vendors.
This Section 7.3 shall survive the earlier termination or expiration of this
Contract.
7.4 Agency Procurement Standards.
Agency shall comply with all applicable federal, state and local laws, regulations,
and ordinances, for making procurements under this Contract. Agency shall establish
procurement procedures to ensure that materials and services are obtained in a cost
effective manner. When procuring services to be provided under this Contract, Agency
shall comply at a minimum with the procurement standards at 24 CFR Part 84.40 through
24 C,F:R Part 8,4.48.
7.5 Cost Principles/Cost Reasonableness,
Agency shall administer its use of ESG Funds in compliance with OMB Circular
A-122, "'Cost Principles for Non-Profit Organ 1 zat ions", as amended from time to time.
The allowability of costs incurred for performance rendered shall be determined in
accordance with OMB Circular A-122 as supplemented by the provisions of thi's
Contract.
7.6 Accotinting Standards,.
Agency agrees to comply with OMB Circular A-I 10, "Unifon-n Administrative
Requirements for Grants and Agreements with Institutions of Higher Education,
Hospitals and other Non-Profit Organizations", and agrees to adhere to the accounting
.416
principles and procedures required therein, utilize adequate 'internal controls, and
maintain necessary supporting and back-up documentation for all costs incurred.
7.7 Uniform Admini'strative Requirements.
Agency will comply with the Uniform Administrative Requirements, set forth in
24 CFR Part 57.502 or any reasonably equivalent procedures and requirements that City
may require.
7.8 Terms Apolicable to Contractors, Subcontractors and Vendors.
Agency understands and agrees that all terms of this Contract, whether regulatory
or otherwise, shall apply to any and all contractors, subcontractors, and vendors of
Agency which are in any way paid with ESG Funds or who perform any work in
connection with the Program. Agency shall cause all applicable provisions, of this
Contract to be included in and made a part of any contract or subcontract executed in the
performance of its obligations hereunder including its obligations regarding the ESG
Regulations. Agency shall monitor the services and work performed by its contractors,
subcontractors and vendors on a regular basis for compliance with the ESG Regulations
and Contract provisions. Agency must cure all violations, of the ESG Regulations
con tted by its contractors, subcontractors or vendors. City maintains the right to insist
mmi i
ESG PSG.CONTRACT 2013-2014-PRESBYTERIAN NIGHT SHELTER OF TARRANT COUNTY 9
on A ency's full compliance with the terms of this, Contract and the ESG Regulat*
9 ions
and Agency is responsible for such compliance regardless of whether actions taken to
fulfill the requirements of this Contract are taken by Agency or by Agency"s contractors,,
subcontractors or vendors. Agency acknowledges that the provisions of this Section shall
survive the earlier termination or expiration of this Contract.
7.9 Copyright and Patent R
No reports, maps, or other documents, produced in whole or "in part under this
Contract shall be the subject of an application for copyright by or on behalf of Agency.
HUD and City shall possess all rights to invention or discovery, as well as rights in data,
which may arise as a result cif Agency's performance under thi's Contract.,
81. RECORD KEEPING, REPORTING AND, DOCtMENTATION
RE I
QUIREMENTS; AUDIT.,
8.1. Record Kee pffie.
Agency shall maintain a record-keeping system as part of its performance of this
Contract and shall promptly provide City with co ies of any document City deems
necessary for the effective fulfillment of City's monitoring and evaluation
responsibilities. Specifically, Agency will keep or cause to be kept an accurate record of
all actions taken and all funds spent, with supporting and back-up documentation.
Agency will maintain all records and documentation related to this Contract for 5 years
after the Contract, to ends. If any claim, litigation, or audit is initiated before the
expiration of the 5 year period,, the relevant records and documentation must be retained
until all such claims, litigation or audits, have been resolved. For purposes of this
Contract,I this 5 year period for record retention is deemed to, begin on October 1, 2014
and end on September 3101, 20119 regardless of whether or not this Contract is earlier
terminated.,
81.2 Access to Records.
City and any duty authorized officials of the Federal government will have full
access to, and the right to examine, audit, copy, excerpt and/or transcribe any of
Agency's records pertaining to all matters covered by this Contract for 5 years after the
Contract term ends. Such access shall be during regular business hours and upon at least
48 hours prior notice. For purposes of this Contract, this 5 year period for access to
records is deemed to begin on October 1, 2014 and end on September 30, 20,19, regardless
of whether or not this Contract is earlier terminated.
8.3 Re ors.,
Agency will submit to City all reports and documentation described in this
Contract in such form as City may prescribe. Agency may also be required to submit a
final performance and./or final financial report ]if required by City at the termination of
this Contract in such form and within, such times as City may prescribe. Failure to submit
to City any report or documentation described in this Contract shall be an event of default
I
of this Contract and City may exercise all of its remedies for default under this Contract.,
ESG PISA CONTRACT 2013-2014-PRESBYTERIAN NIGHT SHELTER OF TARRANT COUNTY 10
81.4 Change *n Re porfi I
I nLy Reguirements and Forms.
City retains the right to change reporting requirements and forms at its discretion.
City will notify Agency in writing at least 15 days prior to the effective date of' s,uch
change, and the Parties shall, execute an amendment to the Contract reflecting such
change if necessary.
8.5 Audit.
8.5.1 Entities that Expend 500,000 or more in Federal Funds Per Year.
All non-federal entities that expend $500,000 or more in Federal funds, within one
year, regardless of the source of the Federal award, must submit to City an annual audit
prepared in accordance with specific reference to O,MB Circular A-133. The audit shall
cover the Agency's fiscal years during which this Contract is in force. The audit must be
prepared by an independent certified public accountant, be completed within 61 months
following the end of the period being audited and be submitted to City within 30 days of
0 - I I — "Audit
its completion. Agency's, audit certification is attached hereto as Exhib"t "�C" I
Certification Form" and "Audit,Requirements". The Au It Certiffication For must
be submitted to City prior to or with the first Reimbursement Request. Entities that
expend less, than $500,0010, a year in Federal funds are exempt from Federal audit
requirements for that year), but records must be available for review or audit by
appropriate officials of the Federal agency,, City, and General Accounting Office.
A--
8.5 1.2 Lity Reserves the RI*gh,t to Audit.
14
City reserves -the right to perform an audit, of Agency's Program operations and
finances, at any time during the te!n-n of this Contract and for 5 years after the Contract
Term ends if City determines that such audit is necessary for City's compliance with the
ESG Regulations or other City policies. Agency agrees to allow access, to all pertinent
materials as described herein for such audit. For purposes of this Contract, this 5 year
period for City audit is deemed to begin on October 1, 20,14 and end on September 301,
2019 regardless of whether or not this Contract is earlier terminated. If such audit reveals
a questioned practice or expenditure, such questions must be resolved within 15 business
days after notice to Agency Of Such questioned practice or expenditure. If questions are
not resolved within this period, City reserves the right to withhold further funding under
this Contract and/or any future contracts with Agency., IF AS A RESULT OF ANY
AUDIT IT IS DETERMINED THAT AGENCY HAS FALSIFIED ANY
DOCUMENTATION OR MISUSED, MISAPPLIED OR MISAPPROPRIATED
ESG FUNDS OR SPENT ESG FUNDS ON ANY INELIGIBLE ACTIVITIES,
AGENCY AGREES TO REIM[BURSE CITY THE AMOUNT' OF SUCH MONIES
PLUS THE AMOUNT OF ANY SANCTIONS, PENALTY OR OTHER CHARGE
LEVIED AGAINST CITY BY HUD BECAUSE OF SUCH ACTIONS.
9. REIMBURSEMENT REQUIREMENTS.
9.1 Dead,line for Submitting Reimbursement Recitiests. th
y 15
Each Reimbursement Request shall be received, by the Cif on or before the
day of the month following the month expenses, were paid by Agency. For example, the
Reimbursement Request for June expenses must be received by July 15. In the event the
ESG PSG CONTRACT 2013-2014-PRESBYTERIAN NIGHT SBELMR OF T COUNTY I I
15'h falls on a weekend or City holiday, Reimbursement Requests shall be due the next
day that the City is open for business. Failure to submit a Reimbursement Request "in a
timely fashion will result in City aking the actions outlined in Section 10.1.
y I I
NOTWITHSTANDING ANYTHING ABOVE, EXPENSES FOR SEPTEMBER
2014 MUST BE RECEIVED BY SEPTEMBE , 20:14. FAILURE TO SUBMIT
A FINAL REIMBURSEMENT REQUEST BY SEPTEMBER 20, 2014 WILL
RESULT IN AUTOMATIC FORFEITURE OF PAYMENT OF THE,
SEP'TENMER REIMBURSEMENT REQUEST.
9.2 Agency shall provide City with Complete Documentation and the
following reports as shown in Exhibit I'D" — Reimbursement Forms with each
Reimbursement Request.-
9.2.1 Attachment I—Invoice,,
This, report shall contain.the amount requested for reimbursement each month, the
cumulative reimbursement requested to date (inclusive of that month's request), and must
be signed by an authorized signatory of Agency. By signing Attachment 1, Agency is
certifying that the costs are valid, eligible, consistent with the terms, and conditions of this
Contract, and the data contained in the report is true and correct. "his report must be
submitted even if Agency is requesting$0 for a particular month.
9.2.2 Attachment It—Expenditure Worksheet.
This report shall itemize each expense requested for reimbursement by Agency
and shall 'include the Account corresponding the expense to a Bludget, line item 'in
Attachment 11. In order for this report to be complete the following must be submitted.-
9.2.2.1 For payroll expenses, timesheets signed by employees and
approved by supervisor for all payroll expenses listed.
Timesheets must distinguish between E'S G-fur ded time and
non- SG funded time and reflect actual time spent on ESG-
funded activities.
91.2.2.2 For non-payroll expenses, 'Invoices for each expense listed with
an explanation as to how the invoiced expense pertains, to the
Program.
9.2.2.3 Proof,that each expense was paid by Agency, which proof can
be satisfied by cancelled checks, wire transfer documentation,,
paid receipts or other appropriate banking documentation.
A,
91.2.3 Attachment III—Client Data Report
This report shall list leach'Unduplicated Client served during the month along with
his or her demographic information. The Client Data Report must contain a list of all
clients served during the Contract period. In order for this report to be complete the
following must be submitted.
ES,G PEA CONTRACT 2013-2014-PRESBYTERMN NIGHT SHELTER OF TA NT COUNTY 12
9.2.3.l Documentation of income verification for each Unduplicated
Client the first time he or she i's served, which will either he the
Source , eu entatien described in Section 6.1 or the
completed for attached hereto as Exhibit ' Form of
Income Self Certification.
9.2.3.2 Agency may use the form attached hereto as Exhibit "I"
Stuff ESG Certification Form to verify client eligibility as
described, in Section 6.1.
9�.2.4 Match Re t.
This report shall document actual expenditure of match funds, as, further described
in Section 5,5
9.2.5 HMIS Report.
Agency shall submit an HMIS, report at least quarterly to document Agency's
participation in the local Continuum of Care's H M f .
9.3 Withholding Payment,
ITT HAS NO OBLIGATION TO MAKE PAYMENT ON ANY
REIMBURSEMENT ES THAT IS NOT RECEIVED BY THE DUE DATE.
Failure to timely submit Reimbursement Requests and Complete Documentation
along with any required reports shall he an event of default.
1 , DEFAULT AND TERMINATION.
10.1 Failure to Submit a uired Documentation
10.1.1 If Agency falls to submit a Reimbursement Request, or if the
submitted Reimbursement Request is incomplete or otherwise not in compliance with this
Contract or:SSG Regulations as deter n.ined by , it in its sole discretion, Agency shall he
in default of this Contract. City will notify ,agency in writing of such default and the
Agency will have 10 calendar days from the date of the written notice to submit or
resubmit any such Reimbursement Request to cure the default. If Agency fails to cure
the default within such time, Agency shall forfeit any payments otherwise due that
month.
10.1.2 NOT ITHST INS' THE PROVISIONS OF SECTION
10,1.11 IF AGENCY FAILS T ► SUBMIT THE REIMBURSEMENT REQUEST
DUE SEPTEMBER 20, 20149 OR IF THE SUBMITTED REIMBURSEMENT
QUEST" FOR SEPTEMBER 2014 IS LATE, INCOMPLETE
OTHERWISE NOT IN COMPLIANCE NCE WITH THIS CONTRACT OR ESQ
REGULATIONS A DETERMINED BY CITY IN ITS SOLE DISCRETION,
THERE WILL BE NO CURE PERIOD AND ANY REIMBURSEMENT WILL BE
AUTOMATICALLY FORFEITEDI.
ESG PSA CONTRACT 2 , 3-2 1 -PRESBYTERIAN NIGHT SHELTE R OF TARRANT COUNTY 13
10.1-3 In the event of(1) an uncured default under Section 10.1.1 or (10 more
than 2, instances of defau 0 It, cured or uncured, under such Section, City reserves the right
at its sole option to to this Contract effective immediately upon written notice of
such intent with no penalty or liability to City.
10.L4 Notwithstanding anything to the contrary herein., City will not be
required to pay any SSG Funds to Agency during -the period that any Reimbursement
Request, report or documentation is past due or is not in compliance with this Contract or
the ESG Regulations, or, during any period during which Agency ]is in default of this
Contract.
10.1.5 In the event of termination under this, Section 10.1, all ESG Funds
awarded but unpaid to Agency pursuant to this, Contract shall be 'immediately forfeited
and Agency shall have no further right to such funds,.
10.2 all re to Mal*ntain Records or Submit Roorts and
Documentation,
If Agency falls to maintain all records and documentation as required in Section
8, or if the maintained or a submitted, report, or documentation is not in compliance with
o
this, Contract, or the ESG Regulations as determined by City in its, sole discretion, C ity
will notify Agency in writing and Agency will have 3 calendar days, from the date of the
written request to obtain or recreate the missing records and documentation or submit or
resubmit any such report or documentation to City. If. Agency falls to maintain the
required reports or documentation, or falls to submit or resubmit any such report or
documentation within such time, City shall have the right to terminate this Contract
effective immediately upon written notice of such intent with no penalty or liability to
City.
101.2.1 In the event of termination under this Section 10.2, all ESG Funds
awarded but unpaid to Agency pursuant to this Contract shall be immediately forfeited
and Agency shall have no further right to such funds, and any CSC-" Funds paid to Agency,
must be repaid to City within 30 days of termination. If such E,S,G funds are not repaid to
City within the 30 day period, City shall exercise all legal remedies available under this
Contract.
10.3 In General.
Subject to Section 10.1, and unless specifically provided otherwise in this
Contract, Agency shall be in default under this Contract if Agency breaches any term or
condition of this Contract. In the event that such a breach remains uncured after 3:0
calendar days following written notice by City or such other notice period as may be
specified here*n) or, if Agency has diligently and continuously attempted to
specl I I I I cure
following receipt of such written notice but reasonably requires more than 30 calendar
days to cure, as determined by both Parties mutually and in good faith, City shall have the
right to elect 'in City's sole discretion to (1) extend Agency's time to cure, (1*1*) terminate
this, Contract effective immediately upon written notice of such Intent to Agency, or (iii-)
pursue any other legal remedies available to City.,
SSG PSI A CONTRACT 2013-2014-PRESBYTERIAN NIGHT SHELTER OF TAR RANT COUNTY 14,
I 0.3.1 In the event of termination under this Section 10.3, all ES G Funds
awarded but unpaid to Agency pursuant to this Contract shall be immediately forfeited
and Agency shall have no further right to such funds, and any ES G Funds already paid to
Agency must be repaid to City within 30 days of the termination. If such ES,G funds, are
not repaid to City within the 30 day period, City shall exercise all legal remedies,
available under this Contract.
10.4 No Funds Di'sbursed while 'n Breach.
Agency understands and agrees, that no ESG Funds will be paid to Agency until
all defaults are cured to City's satisfaction.
.0
10.5 No Cowensati on After Date of Termi'nation.
Agency shall not receive any compensation for work undertaken after the date of
the termination.
10-6 Rights of Ci*.q Not Affected#
Termination shall not affect or terminate any of the existing rights of it against
Agency, or which may thereafter accrue because of Agency's default. Such to ination
does not terminate any provisions of this Contract that have been expressly noted as
surviving the to or termination of the Contract.
10.7 Waiver ot'Breach Not Waiver of Subseguent Breach.
The waiver of a default or breach of any term, covenant, or condition of this
Contract shall not operate as a waiver of any sub�sequ,ent default or breach of the same or
any other term, covenant or condition hereof.
10.8 Civil, Criml'nal and Administrative Penalties.
Failure to perform all the Contract terms may result in civil, criminal or
administrative penalties, Inc ludlng,, but not limited to the set out in this Contract.
10.9 Ter ml*n,afion for Cause.
10.9.1 City may terminate this Contract in the event of Agency's default,
inability, or failure to perform subject to notice, grace and cure periods. In the event City
terminates this Contract for cause, all ESG Funds, awarded but unpaid to Agency pursuant
to this Contract shall be immediately rescinded and Agency shall have no further right to
such funds and any ESG Funds already paid to Agency must be repaid to City within 30
days of termination. Fallure to repay such ES G Funds within 30 days will result in City
exercising all legal remedies available to City under this Contract. AGENCY
ACKNOWLEDGES AND AGREES THAT IF CITY TERMINATES THIS
CONTRACT FOR CAUSE, AGENCY OR ANY AFFILIATES OF AGENCY
SHALL NOT BE CONSIDER-ED FOR ANY OTHER CITY CONTRACT FOR
ESG FUNDS FOR A MINIMUM OF 5 'YEARS FROM THE DATE OF
TERMINATION.
10.9.2 Agency may terminate this Contract if City does not provide the ESG
Funds substantially in accordance with this Contract.
ESG PSA CONTRACT 2013-2014-PRESBYTERIAN NIGHT SHELTER OF TARRANT COUNTY 1,5
10.10 Termination for Convenience.
In terminating in accordance with 24 C.F.R. 85.44 this Contract may be
terminated in whole or in part only as follows:
10-10.1 By City with the consent of Agency in which case the Parties shall
agree upon, the termination conditions, including the effective date and in the case of
partial termination,, the portion,to be terminated; or
10.10.2 By the Agency upon written notification to City, setting forth the
reasons for such termination, the effective date, and in the case of partial termination, the
portion to be terminated. In the case of a, partial termination, City may terminate the
Contract in its entirety if City determines in its sole discretion that the remaining portion
of the Contract to be performed or ESG Funds to be spent will not accomplish the
purposes for which the Contract was made.
10.11 Dissolution of Agency Terminates Contract.
,M
In the event Agency is dissolved or ceases to exist, this Contract shall terminate.
In the event of termination under this Section, all ESG Funds are subject, to repayment
and/or City may exercise all of its remedies under this Contract.
101.12 Reversion of Assets.
In the event this Contract is terminated with or without cause, all assets acquired
with the ES,G Funds including cash,, interest payments from loans or otherwise, all
outstanding notes, mortgages or other security 'instruments, any accounts receivable
attributable to the use of the E,SG Funds, and any real or personal property owned by
Agency that was acquired or improved with ESG Funds shall automatically transfer to
City or to such assignee as City may designate.
11. REPAYMENT OF ESG FUNDS.
All ESG Funds are subject to repayment in the event the Program does not meet
the requirements as set out in this Contract or in the ESG Re, ulations. If Agency takes
any action that results in the City being requi*red to repay all or any porflon of the
ESG Funds to HUD, Agency agrees it will rel"inburse City for such repayment. If
Agency takes any action that results, in City receiving a finding from HUD ab�out,the
Program, whether or not repayment of all or any portion of the E'SG Funds is
required of City,Agency agrees it will pay City 10% of the ESG Funds as liquidated
damages. The Parties agree that City's damages in the event of either repayment to
10 '1i
ffUD being required or receiving a f finding from HUD are uncertain and would be
difficult to; ascertain and may include an impact on City's ESG grant or other Federal
grant funds, in addition to a finding by HUD or a repayment of funds to HUD by City.
Therefore, the Parties agree that payment under this Section of 10% of the ESG Funds by
Agency to City is liquidated damages and not a penalty.
ES Ci PSA CONTRACT 2013-2014-PRESBYTERIAN NIGHT SHELTER OF TARRANT COUNTY 1 6
12. CHANGE IN NON-PROFIT STATUS.,
If the non-profit status of Agency changes, after the date of this Contract, City
may but is not obligated to, terminate this Contract. Agency must provide City with
written notification of any changes to its non-profit status within 15 calendar days of
being notified of the change, City has 30 calendar days to make such determination after
receipt of notice from Agency and f aI Jure to make such deteninatI on will cons, itute a
waiver. In the event of termination under this Section 12, all ESG Funds awarded but
unpaid to Agency pursuant to this Contract shall, be 'immediately forfeited and Agency
shall have no further right to such funds. Any ESG Funds already paid to Agency must
be repaid to City within 30 calendar days of termination,.
13. SURVIVAL.
Any provision of this Contract that pertains to auditing,, monitoring, client 'income
eligibility, record keeping and reports, City ordinances, or applicable ESG requirements,,
and any default and enforcement provisions necessary to enforce such provisions, shall
survive the termination of this Contract for 5 years after the Contract term ends and shall
be enforceable by City against Agency. For purposes of this Contract, this 5 year period
for survival of certain Contract provisions is deemed to begin on October 1, 2014 and end
on September 30, 2019 regardless of whether or not this Contract is earlier terminated.
140 GENERAL PROVISIONS
14.1 Agena an Independent Contractor.,
Agency shall operate hereunder as an 'Independent contractor and not as an
officer, agent, servant or employee of City. Agency shall have exclusi've control of, and
the exclusive right to control, the details of the work and services performed hereunder,
and all persons performing same, and shall be solely responsible for the acts and
omissions of its officers, members, agents, servants, employees, contractors,
subcontractors, vendors, clients,, licensees or invitees.
14.2 Doctrine of Res ondeat Superior.
10
The doctrine of respondeat superior shall not apply as between City and Agency,
or 'Its, officers, members, agents, servants, employees, contractors, subcontractors,
vendors creating a
,,, clients, licensees, or invitees, and nothing herein shall be construed as creati
partnership or joint enterprise between City and, Agency. City does not have the legal
ff1
right to control the details of the tasks perf its o cers,
ormed hereunder by Agency,
members, agents, employees, contractors, subcontractors, vendors, clients, licensees or
invitees.
1.4.3 Auncy PM, e
City shall under no circumstances be responsible, ble for any property belonging to
,P I
A. one or its officers, members, agents, employees, contractors, subcontractors,
vendors,, clients, licensees, or Invitees that may be lost, stolen or destroyed or 'in any way
damaged and AGENCY HERE B�Y INDEMNIFIES AND HOLDS HARMLESS
CITY AND ITS OFFICERS AGENTS, AND EMPLOYEES FROM ANY AND
ESG PSA CONTRACT 20 13-204 4-PRESBYTERIAN NIGHT SHELTER OF TA NT COUNTY 17
ALL CLAIMS OR SUIT'S PERTAINING TO OR CONNECTED WITH SUCH
PROPERTY.
14.5 ReliLyl*ous Omanization.
No portion of the ESG Funds shall be used in support of any sectarian or religious
activity. In addi'tion, there must be no religious or membership criteria for clients of an
ESG-ftinded se ice.
14.6 Venue*
Venue for any action, whether real or asserted, at law or in equity, arising out of
the execution, performance, attempted performance or non-performance of this Contract,
shall lie in Tarrant County, Texas,.
14.7 Governi*ng Law.
This Contract shall be governed by and construed in accordance with the laws of
the State of Texas. If any action, whether real or asserted, at law or in equity,, arises out
of the execution, performance or non-performance of this Contract or on the basis of any
provision herein, for any issue not governed by Federal law, the choice of law shall be-the
laws of the State of Texas.
14.8 Severab,I I
The provisions of this Contract are severable, and, if for any reason a clause,
sentence, paragraph or other part of this Contract shall be determined to be invalid by a
court or Federal or state agency, board or commission having Jurisdiction over the subject
matter thereof, such invalidity shall not affect other provisions which can be given effect
without the invalid provision.
14.9 Wri'tten Agreement Entire Contract,
This written instrument and the Exhibits,: Attachments, and Addendums, attached
hereto, which are *incorporated by reference and made a part of this Contract for all
purposes, constitute the entire agreement by the Parties hereto concerning the work and
services to be performed under this Contract. Any prior or contemporaneous, oral or
written agreement, which purports to vary the terms of this Contract, shall be void. Any
ri 1 1
arn end mtints, to the terms of this Contract must be in writing and must be executed by
each Party to this Contract.
14.10 Para Lyraph Headings for Reference Only, No Legal Signifficance-1
Number and Gendier.,
The paragraph headings contained herein are for convenience in reference to this
Contract and are not intended to, define or to limit the scope of any provision of this
Contract. When context requires, singular nouns and pronouns 'Include the plural and the
masculine gender shall be deemed to include -the feminine or neuter and the neuter gender
to include the masculine and feminine. The words "Include"" and "including" whenever
used herein shall be deemed to be followed by the words "without limitation .
ESG PSG.CONTRACT 2013-2014-PRESBYTERIAN NIGHT SHELTER OF TARRANT COUNTY 18
14.11 Compliance With All 2121'
A leable Laws and Re sMations.,
By signing this Contract, Agency certifies,that it complies with all applicable laws
and regulations 'that are currently in effect or that are her after amended during the
p�erformance of this Contract. Those laws include, but are not limited to-,
I I
ES ,(3 Regulations found *n 24 CFR Part 576.
Subtitle B of Title IV of the the McKinney-Vento Homeless Assistance Act,
as amended, (42 USC 1137 1)
Title VI of the Civil Rights Act of 1,964 (42 U.S.C. Sections 2010!Od et seq.,)
0 0 4P 0 4 0
including provisions requiring reel, tents of federal assistance to ensure
meaningful access, by person of limited English proficiency
The Fair Housing Act, Title V111 of the Civil Rights, Act of 1968 (42 U.S.C.
Sections 3601 et seq.)
Executive Orders 11063,1 11246 as amended by 11375 and 120,86 and as
supplemented by Department of Labor regulations 41 CFR, Part 60
The Age D iscrim i nation in Employment Act of 1967
The Age Discrimination Act of 1975 (42 U.S.C. Sections 610 1 et seq.)
The Uniform Relocation Assistance and Real Property Acquisition Policies
Act of 19,70 (42 U.S.C. Sections 46011 et seq. and 49 CFR Part 24) (11URA'11)
Section 504 of the Rehabilitation Act of1973 (29U.S.C. Sections 794 el seq.,)
and 24 CF` Part 8 where applicable
National Environmental Policy Act of 1969, as amended, 42 U.S.C. sections,
4321 et seq. ("NEPA ) and the related authorities listed in 24 C Part 58.
The Clean Air Act, as amended, (42 U.S.C., Sections 1251 et seq.) and the
Clean Water Act of 1977, as amended (33 U.S.C. Sections 12,51 et seq.) and
the related Executive Order 11738. In no event shall any amount of the
assistance provided under this Contract be utilized with respect to a facility
that has given rise to a conviction under the Clean Air Act or the Clean Water
Act.
Immigration Reform and Control Act of 1986 (8U.S.C. Sections 1101 et seq.)
fically including the provisions requiring employer verifications of legal
speci
status of its employees
The Americans with Disabilities Act of 1990 (42 U.S.C. Sections, 12101 et
seq.), the Architectural Barriers Act of 1968 as amended (42 U.S.C. sections
,4151 et seq.) and the Uniforrn Federal. Accessibility Standards, 24 CFR Part
40, Appendix A
)o- Regulations at 24 CFR Part 87 related to lobbying, including the requirement
that certifications and disclosures be obtained from all covered persons,
Drug Free Workplace Act of 19188 (41 U.S.C. Sections 701 et seq.) and 24
CFR Part 23, Subpart F
);o Executive Order 12549 and 24 CFR Part 5.105(c) pertaining to restrictions on
participation by ineligible, debarred or suspended persons or ent ities
Section 6002 of the Solid Waste Disposal Act, as amended by the Resource
Conservation and Recovery Act
)o, Guidelines of the Environmental Protection Agency at 40 CFR Part 247'
For contracts and subgrants for construction or repair, Copeland "Anti-
Kickback" act(18 U.S.C. 874) as supipilemented in 29 CFR Part 5
ESir A CONTRAC'T 2013-2014-PRESBYTEIRJAN NIGHT SHELTER OF TARRANT COUNTY 19
For co�ns,truction contracts awarded by Agency in excess of $2,0100, and in
excess of $2,50;0 for other contracts which involve the employment of
mechanics or laborers, Sections 10�3 and 1107 of the Contract Work Hours and
Safety Standards Act (40 U.S.C. 327A 300) as supplemented by 29: CFR Part
5
�P%* Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et seq.), as
amended by the Residential Lead-Based Paint Hazard Reduction Act of 19912
(42 U.S.C. 4851 et seq.,) and implementing regulations at 24 CFR Part 35,
subparts A, B, M, and R
Uniform Administration Requirements of 24 CFR Part 8,5
1.4.11 HUD-Assisted Proiects and Employment and other Econorni'c
1 un it 0,
Opport Section 3 Regui"remeats.
14.11.1 Requirement that aw Be Quoted in Covered Contracts.—Certain
Reouiremtints Pertaining to Section 3 of the Housin d Urban
Development Act of 1968, as Amended (12, U.S.C. Sections 1701 et
se g.) and its Related Reimlations, at 24 CFR Part 135.
If the Program results in the creation of new, employment, training, or contracting
oPPOrtunitieis on a contractor or subcontractor level resulting from the expenditure of the
ESG Funds, Agency shall comply with the following and will ensure that its contractors
also co ply. If the work performed under this Contract is on a project assisted under a
program pr iding direct Federal financial assistance from, HUD, Section 3 of 24 CFR
135.38 Section 3�") ,requires that the following clause, shown 'in italics, be, inserted in all
covered contracts ("Section 3 Clause"):
Section to be quoted 'in covered contracts begins.
"A. The work to be performed under, this contract is subject to the
requirements of Section 3' qf'Hbusing and Urb n Development Act Q
1
19,68, as amended, 12 US.C. section 1701 u (Section 3). The purplose of
Section 3 is to ensure that employment and other economic opportunities
generated by HUD assisted or HUD assisted prog-rams covered by
Section 3, shall' to the greatest extent feasible, be directed to low,- and
very-low income persons, particularly persons who are recip" ients of HUD
ass istance for housing.
B. The parties to this contract agree to comply with HUD's
regulations i,ni, 214 CFR Part 135, which, implement Section 3., As evide ce,d
by their execution oft is contract, the parties to, this contract cer4� that
they are under no contractual or other impediment that would prevent,
them ftom complying with the Part 135 regulations.
C. The contractor agrees to send to each labor organization or
representative of workers ith which it has a collective bargaining
agreement or other understanding, if any, a' notice, advising the, labor
organization or workers' representatives of the contractor's commitments
under this Section 31 clause and will post copies of the notice in
conspicuous plac s, at the work site where of employees and applicants
ESG PSG.CONTRACT 20113-2014-PRESBYTERIAN NIGHT SHELTER OF TARRANT COUNTY 20
f r training and employment posns can see the notice. he notice all
describe the Section 3 pr�efe�r�enc,el, shall set fort �ber andjob
titles subject t ire', availability of'apprentice and training pos,itions, the
qua cations each,* and the name and lo cat ion o the person(�) taking
applica ton sfior each o the positions,,- and the anticipated date the, or
shall. begin.
D. 7"he contractor ag-rees that it will include this Section 3 clause in
eve)y subcontract to compily with regulation in 24 CFR Part 135, and
agrees to take appropriate action, as provided in an appucable provision
of the subcontract or in thi's Section 3 clause, upon finding, that the
subcontractor is in violation qf the regulations in 24 CFR Part 135. The
contractor; will not subcontract with any subcontractor where it has notice
or knowledge that the subcontractor has been Ifiound in violation Of
regulations in 24 CFR 135'.
E. The contract ill ertif
.y that any vacant employment positions,
including traini'ng positions that are filed.- (1) after the, contractor
selected but before the contr t is executed, and (2) with persons other
than those to whom the regulations oJ'24 CFR Fart 35. The contractor
will not subcontract with any subcontractor where it has notice or
knowledge that the subcontractor has been Jbund in violation qf'
regulations in,24 CFR 135.
F Noncompliance with. I 'IS regulation in 2'4 CFR Part 1'35 may
result, in sanctions, termination oJ'this contract fir dq,6�ult, and debarment
or s its pensionftom future,HUD assisted contracts.
G. With respect to work performed in connection with Section 3
covered Indian housing assistance, section 7(b) of the Indian Se�f-
Determination and Education Assi'sta nee,Act(25 US C. section 450e) also;
applies to the work to be pe�formed under this Contract. Section 7(b)
requires that to, the test extent feasible, (i) preerence and
opportunitiesfior training and employment sh all' be given to Indians, and
(ii)preftrence in the award of contracts and subcontracts shall be given to
Indian organ izatio n�s and Indi � net'Economic Enterprises. Parties to
this contract that are subject to the provisions of Section 3 and Section
79:b), agree to, comp�y with Section 3 to the maximum extent feasible, but
Al
not in derogation o�"`e o mpliance, with Section, 7(b).
0
Section to be quoted in covered contracts ends.
# so
14.1, 1.2 Aizency Res oriMbil hies tor Section 3 Requi*rements,,
# 0 *
C't tanc,e with the provisions of
I y and, Agency understand and agree that compl,*
Section 3, the regulations set forth in 24 CF R Part 135, and all applicable rules and orders
of HU'D shall be a condition of the Federal financial assistance provided to the Program
binding upon City and Agency, and their respective successors, assigns, contractors and
subcontractors. Faillure to fulfill these requirements shall subject Agency and its
contractors and subcontractors and their respective successors and assigns to those
sanctions, specified by the grant agreement through which Federal, assistance is provided
and to such sanctions as are sec ifiled by 24 C ar,t 135. Agency's responsibi 1 les
include.
ES G PSA CONTRACT 20,13-2014-PRESBYTERIAN NIGHT SRELTER OF T COUNTY 21
14.11.2.1 1-mplementing procedures to notify Section 3 residents, and
business concerns about training, employment, and
contracting opportunities generated by Section 3 covered
assistancem,
14.11.2.2 Notifying potential contractors working on Section 3
covered projects other responsiDii,ities,
14.11.2.3 Facilitating the training and employment of Section 3
residents and the award of contracts to Section 3 business
concerns;
14.11.2.4 Assisting and actively cooperating with the QED
Department in making contractors and subcontractors,
comply
14.1,1.2.51 Refraining from entering Into contracts with contractors
that are in violation of Section 3 regulations,*
14.1.1.2.6 Documenting actions taken to comply with Section 3; and
14.11.2.7 Submitting Section 3 Annual Summary Reports (form
HUD-60,002) in accordance with 24 CFR Part 135.90.
14.11.3 Seefion 3: Repo rtin g.Re g u i rem ents.
In order to comply with the Section 3 requirements, Agency must submit the
forms, attached hereto as Exhibit"J" - Seefion 3 Reporfing Forms.
14.11.3.1 Report to the City on a quarterly basis all applicants for
employment, and all applicants for employment by
contractors and any subcontractors. Thi's shall 'Include
name, address,1 zip code, date of application, and status
(hired/not-hired) as of the date of the report.
14.11.31.2 Advertise available positions to the public for open
competition,, and provide documentation to City with the
quarterly report that demonstrates such open advertisement,
in -the form of printout of Texas Workforce Commission
posting, copy of newspaper advertisement, copy of fl yers
and listing of locations where flyers were distributed, and
the I it
14.11.3.3 Report to the City on a quarterly basis all contracts awarded
by contractors and any subcontractors. This shall include
name of contractor and/or subcontractor,, address, zip code,
and amount of award as of the date of the report.
ESG PSA CONTRACT 2013-2014-PRESBYTERIAN NIGHT SHELTER OF TARRANT COUNTY 22
14.12 Prohibition Against Di'scri.mination.
14.12.1 General Statement.
Agency, in the execution, performance or attempted performarice of this Contract,
shall comply with all non-discrimination requirements of 24 CFR Part 5 as modified by
24, CFA. 576-57(a) and the ordinances codified at Chapter, 17, Article 111, Division 4 —
Fair Housing of the City Code. Agency may not discriminate against any person because
of race, color, sex, gender, religion national origin, familial status, disability or perceived
disabbility, sexual orientation, gender identity, gender expression, or transgender, nor will
Agency permit 'its officers, members, agents, employees, or clients to engage in such
discrimination.
This, Contract is made and entered into with reference specifically to the
ordinances codified at Chapter 17, Article 111, Division 3 - Employment Practices of the
City Code, and Agency hereby covenants and agrees that Agency, its officers, members,
agents, employees, and contr,acto�rs, have fully co plied with all provisions of same and
that no employee, or applicant for emp�lo ment has been discriminated against under the
terms, of such ordinances by either or its oifficers, members, agents, employees or
contractors.
14.12.2 NoD*Iscriminatl*on 'inF oyme,ntd grin g tie P'erformanceof This
Contract,
During the performance of this Contract Agency agrees to the following
provision, and will require that its contractors and subcontractors also comply with such
provision by 'Including it in all contracts with its contractors:
[Contractor or subcontractor's name] will not unlawfully discriminate against
any employee or applicants for employment because of race, color, sex, gender, religion,
national origin, familial status, disability or perceived disability, sexual orientation,
gender 'Identity, gender expression or transgender. Agency will take affirmative action to
ensure that applicants are hired without regard to race, color, sex, gender, religion,
national origin, familial status, disability or perceived disability, sexual orientation,
gender identity,, gender expression or trans ender and that employees, are treated fairly
during employment without regard to their race, color, sex, gender, religion, national
origin, familial status, disability or perceived disability, sexual orientation, gender,
identity, gender expression or trans ender. Such action shall include, but not be limited
to, 'the following: employment, upgrading, demotion or transfer, recruitment or
recruitment advertising, layoff or 'termination, rates of pay or other forms of
compensation, and selection for training,, including apprenticeship. Agency agrees, to post
in conspicuous places, available to employees and applicants for employment, notices
setting forth the provisions of this nondiscrimination clause.
[Contractor or subco�ntractor's name] will, in all solicitations or advertisements,
for employees placed. by or on behalf of Agency, state -that all qualified applicants will
receive coon for employment without regard to race, color, sex, gender, religion,,
consideration
national origin, familial status, disability or perceived disability, sexual orientation.,,
ESG PSG CONTRACT 2013-2014-PRESBYTERIAN NIGHT SHELTER OF TARRANT COUNTY 23
gender identity, gender expression or transgender.
[Contractor or subcontractor's name] covenants, that neither it nor, any of its
officers, members, agents, employees, or contractors, while engaged in performing this
Contract, shall in connection with the employment, advancement or discharge of
employees or in connection with the terms,, conditions or privileges of their employment,
discriminate against persons because of their age or because of any disability or
perceived disability, except on the basis of a bona fide occupational qualification,
retirement plan or statutory requirement.,
(Contractor or subcontractors name] further covenants that neither it nor 'Its
officers, members, agents, empiloyees,, contractors, or persons acting, on their behalf, shall
specify, in solicitations or advertisements for employees to work on 'this 'Contract a
maximum age limit for such employment unless the specified maximum age limit is
based upon a bona fide occupational qualification, retirement plan or statutory
requirement.
14.12.3 Azency's Contractors and the ADA,.,
In accordance with the provisions of the Americans With Disabilities Act of 1990
CADA"), Agency warrants that it and any of its contractors will not unlawfully
discriminate on the basis of disability in the provision, of services to the general public,
nor in the availability, terms and/or conditions of employment for applicants for
employment with, or employees of Agency or any of its contractors. AGENCY
WARRANTS IT WILL FULLY COMPLY WITH ADA'S PROVISIONS AND
ANY OTHER APPLICABLE FEDERAL,, STATE, AND LOCAL LAWS
CONCERNING DISABILITY AND WILL DEFEND, INDEMNIFY AND HOLD
CITY HARMLESS AGAINST ANY CLAIMS OR ALLEGATIONS ASSERTED
BY THIRD PARTIES OR CONTRACTORS AGAINST CITY ARISING OUT OF
AGENCY'S AND/OR ITS CONTRACTORS', AGENTS' OR EMPLOYEES9
ALLEGED FAILURE TO, COMPLY WITH THE ABOVEN-REFERENCED LAWS
CONCERNING DISABILITY DISCRIMINATION IN THE PERFORMANCE OF
THIS CONTRACT.
14.13. Prohibitil'on Ai!ainst Interest/Conflict of Interest,
I NJ i
14.13.1 Agency shall establish safeguards to pro.-n mt its employees, board
members, advisors and agents from using positions for a purpose that is or gives the
appearance of being motivated by a desire for private gain for -themselves or others,,
particularly those with whom they have family, business or other ties. Agency shall,
disclose to City any conflict of "Interest or potential conflict of interest described above,
immediately upon discovery of such.
14.l 3.2 No persons who are employees, agents, consultants, officers, or elected
officials, or appointed officials of City or of Agency who exercise or have exercised any
functions, or responsibilities with respect to activities assisted with :SSG funds or who are
in a position to participate in a decision-making process or gain inside information with
regard to these activities may utilize ES G services, may obtain a financial interest or
ES,G PSA CONTRACT 20113-2014-PRESBYTERIAN NIGHT SHELTER OF T RRANT COUNTY 24
benefit from a ESG-assisted activity, or have an 'Interest in any contract, subcontract or
agreement with respect thereto, or the proceeds thereunder, either for themselves or those
w'th whom they have family or business ties, during their tenure or for I year thereafter,
I I I I
unless they are accepted in accordance with the procedures set forth at 24 CF R 576.57(d).
14. 3.3 Agency affirms that it will adhere to the provisions of the Texas Penal
Code which prohibits, bribery and gifts to public servants.
14.1 3.4 The conflict of interest provisions, of 24 CFR Part 85,.36 and 24 CFA.
Part 84.42, respectively, shall apply in the procurement of property and services by
Agency. In all cases not governed bythose sections, the provisions of 24 CFR 576.57(d)
of the ESG Regulations shall apply.
1.4.14 Subcontracting It Small and Minoritv Fi*rms, Women's
Business Enter prises and Labor Surplus Areas.
14.14.1 For procurement contracts, larger than $50,000.0O Agency agrees to
abide by City's policy to involve Minority Business Enterprises, and Small Business,
Enterprises and to provide them equal opportunity to compete for contracts for
construction, provision of professional services, purchase of equipment and supplies, and
provision of other services required by City. Agency agrees to incorporate the City's
ODE Ordinance., and all amendments or successor policies or ordinances, thereto, into all
contracts and subcontracts for procurement larger than $50�,00O.00 and will further
require all persons or entities, with which it so contracts,to comply with said ordinance.
14.14.2 It is national policy to award a fair share of contracts to disadvantaged
business enterprises (DBEs),,, small business enterprises (SBEs),1 minority business
enterprises (MBEs), and women's business enterprises, (WBEs). Accordingly,
affi rmative steps must be taken to assure that DBEs, SBEs, MBEs, and WBEs are utilized
when possible as sources of supplies, equipment, construction and services.
14.15 Other Laws.
The failure to list any federal, state or, City ordinance, law or regulation that is
applicable to Agency does not excuse or relieve Agency from the requirements or
responsibilities in n regard to following the law, nor from the consequences or penalties for
►gency's failure to follow the law, i
� f applicable.
14.16 Assi*Lynment.
Agency shall not assign all or any part of its rights, privileges, or duties under this
Contract without the prior written approval of Director. Any attempted assignment of
same without approval shall be void, and shall constitute a breach of this Contract.
14.17. Rjght to Ins,p et Aajoncy.Contracts.
It is agreed that City has the right to inspect and approve in writing any proposed
contracts between Agency and any contractor engaged in any activity in conjunction with
this ESG-funded Program prior to any charges being incurred.
ES G PSA CONTRACT 2013-2014-PRESBYTERIAN NIGHT SHELTER OF TARRANT COUNTY 25
14.18 Force Maj re
If Agency becomes, unable, either in whole or part, to fulfill its obligations Linder
this Contract due to acts of God, strikes, lockouts, or other industrial disturbances, acts of
W,
public en,emies, Cirs, blockades, insurrections,,, riots, epidemics, earthquakes, fires,
floods, restraints or prohibitions by any court, board, department, commission or agency
of the United States or of any States, civil disturbances, or explosions, or some other
reason beyond Agency's control (collectively, "Force Majeure Event"), the obligations, so
affected by such Force Majeure Event will be suspended o�nly during the continuance of
such event. Agency will give City written notice of the existence, extent and nature of
the Force Majeure Event as soon as reasonably possible after the occurrence of the event.,
Failure to give notice will result in the continuance of Agency's obligation regardless of
the extent of any existing Force Majeure Event. Agency will use commercially
reasonable efforts to remedy its inability to plerform as, soon as possible.
15- INDEMNIFICATION AND RELEASE.,
AGENCY COVE,NANTS AND AGREES TO INDEMNIFY, HOLD
HARMLESS AND DEFEND, AT ITS OWN EXPENSE1 CITY AND ITS
OFFICERS, AGENTS, SERVANTS AND EMPLOYEES FROM AND AGAINST
ANY AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE
AND/'OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL
PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR
ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THE
EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE OR
NONPERFORMANCE OF THIS CONTRACT' AND/OR THE OPERATIONS,
ACTIVITIES AND SERVICES OF THE PROGRAM DESCRIBED HEREIN,
WHETHER OR NOT CAUSED IN WHOLE OR IN PART, BY ALLEGED
NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES,
CONTRACTORS OR SUBCONTRACTORS OF CITY; AND AGENCY HEREBY
ASSUMES ALL LIABILITY AND RESPONSIBILITY OF CITY AND ITS
OFFICERS, AGENTS., SERVANTS, AND EMPLOYEES FOR ANY AND ALL
CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE, AND/OR
PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF
WHATSOEVER KINDS OR CHARACTER, WHETHER REAL OR ASSERTED,
ARISING OUT OF OR IN CONNECTION WITH THE EXECUTION,
PERFORMANCE, ATTEMPTED PERFORMANCE OR NONPERFORMANCE
OF THIS CONTRACT ANWOR THE, OPERATIONS, ACTIVITIES AND
SERVICES OF THE PROGRAM DESCRIBED HEREIN, WHETHER OR NOT
CAUSED IN WHOLE OR IN PART BY' ALLEGED NEGLIGENCE, OF
OFFICERS,, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS OR
SUBCONTRACTORS OF CITY., AGENCY LIKEWISE COVENANTS AND
AGREES TO AND DOES HEREBY INDEMNIFY AND HOLD HARMLESS
CITY FROM AND AGAINST ANY AND ALL INJURY, DAMAGE OR
DESTRUCTION OF' PROPERTY OF C�IT'Y, ARISING OUT OF OR IN
CONNECTION WITH ALL ACTS OR OMISSIONS OF AGENCY, ITS
OFFICERS, MEMBERS, AGENTS, EMPLOYEES,, CONTRACTORS,
SUBCONTRACTORS, VENDORS, INVITEES, LICENSEES, OR CLIENTS, OR
ESG PSA CONTRACT 20131-2014-PRESBYTERIAN NIGHT SBELTER OF TARRANT COUNTY 26
CAUSED, IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE, OF
OFFICERS,, AGENTS, SERVANTS,, EMPLOYEES, CONTRACTORS OR
SUBCONTRACTORS OF CITY.
IT IS THE EXPRESS INTENTION OF THE PARTIES, BOTH AGENCY
AND CITY, THAT THE INDEMNITY PROVIDED FOR THIS SECTION
INCLUDES INDEMNITY BY AGENCY TO INDEMNIFY AND PROTECT CITY
FROM THE CONSEQUENCES OF CITY'S OWN NEGLIGENCE, WHETHER
THAT NEGLIGENCE IS ALLEGED TO BE THE SOLE, OR CONCURRING
CAUSE OF THE INJURY, DAMAGE OR DEATH.
AGENCY AGREES TO AND SHALL RELEASE CITY, ITS AGENTS,
EMPLOYEES, OFFICERS AND LEGAL REPRESENTATIVE,S, FROM ALL
LIABILITY FOR INJURY, DEATH, DAMAGE OR LOSS: TO PERSONS OR
PROPERTY SUSTAINED, IN CONNECTION WITH OR INCIDENTAL, TO
PERFORMANCE UNDER THIS CONTRACT, EVEN IF THE INJURY, DEATH,
DAMAGE OR LOSS IS CAUSED BY CITY'S SOLE OR CONCURRENT'
NEGLIGENCE.
AGENCY SHALL REQUIRE ALL OF ITS CONTRACTORSI
SUBCONTRACTORS AND VENDORS TO INCLUDE IN THEIR CONTRACTS
AND SUBCONTRACTS A RELEASE AND INDEMNITY IN FAVOR OF CITY
IN SUBSTANTIALLY THE SAME FORM AS ABOVE.
16, WAIVER OF IMMUNITY BY AGENCY,
If .Agency, as a charitable or nonprofit organization, has, or claims an immunity or
exemption (statutory or otherwise) from, and against liability for damages or injury,
including death, to persons or property, Agency hereby expressly waives its rights to
plead defensively such immunity or exemption as against City. "Phis section shall not be
construed to affect a governmental entity's immunities under constitutional, statutory or
common law.
17. INSURANCE AND BONDING.
Agency will maintain coverage in the for of insurance or bond, in the amount of
$85, 65,00 to insure against loss from the fraud, -theft or dishonesty of any of Agency's
officers, agents, trustees, directors or employees. The proceeds of'such insurance or bond
shall be used to reimburse City for any and all loss of:SSG Funds, occasioned by such
misconduct. To effectuate such reimbursement, such fidelity coverage shall include a
rider stating that, reimbursement for any loss or losses shall name the City as a Loss
Payee.
Agency shall burnish to City in a timely manner, but not later than the Effective
Date, certificates of 'insurance as proof that it has secured and paid for policies, of
commercial insurance as specified herein. If City has not received such certificates by
the Effective Date, Agency shall be in default of the Contract and City may, at its option,,
ESC PS A CONTRACT 2013-2014-PRESBYTERIAN NIGHT SHELTER OF TA COLNTY 2,7
terminate the Contract.
Such insurance shall cover all insurable risks 'Incident to or in connection with the
execution, performance, attempted performance or nonperformance of till's Contract.,
Agency shall maintain, or require its general contractor to maintain, the following
coverage and limits thereof:
Commercial General Lgab ility&GL),Insurance
$,500,000 each occurrence
$1,000,000 aggregate limit
Non-Profit Organization Liability or Directors & Officers Ltai ilily
$1,000,000 Each Occurrence
$1,000,000 Annual Aggregate Limit
Business Automobile Liability "nsurance
$
1,00 ,000 each accident on a combined single limit basis, or
$250,,000 Property Damage
$500,000 Bodily IpjIury per person per occurrence
$2,000,000,Aggregate
Insurance policy shall be endorsed to cover"Any Auto", defined as autos owned, hired, and non-
owned. Pending availability of the above coverage and at the discretion of City, the policy
shall be the primary responding 'insurance policy versus a personal auto insurance policy if
or when in the course of Agency's business as contracted herein.
Workers' Comp sat"on Insurance,
�,n i
Part A,: Statutory Limits
Part B.- Employer's Liability
$1010,000 each accident
$100,0010 disease-each employee
$500,000 disease-policy limit
Note: Such insurance shall cover employees perfon-nine work on any and all projects
including but not limited to construction, demolition, and rehabilitation. Agency or its
contractor's shall maintain coverages, if applicable. In the event the respective contractors
do not maintain coverage, Agency shall maintain the coverage on such contractor, if
applicable, for each apipilicial! le contract.
Additional Requirements
Such 'insurance amounts shall be revised upward at City's reasonable option and no more
frequently than once every 12 months, and Agency shall revise such amounts within 30
days following notice to Contractor of such requirements.
ESG PS A CONTRACT 2013-,2014—PRESBYTERIAN NIGHT SBELTER Off`TARRANT COUNTY 28
Agency will Submit to City documentation that it has obtained insurance coverage and
has executed bonds, as required 'in this Contract prior to payment of any monies provided
hereunder.
Where applicable, insurance policies, required herein shall be endorsed to include City as
an additional insured as its interest may appear. Additional insured parties shall include
employees, officers, agents, and volunteers of City.
The Workers' Compensation Insurance policy shall be endorsed to include a waiver of
subrogation, also referred to as a waiver of rights of recovery, in favor of City.
Any failure on part of City to request certificate s) of insurance shall not be construed as
a waiver of such requirement or as a waiver of the insurance requ irements themselves.
Insurers of Agency's insurance policies shall be licensed to do business in the state of
Texas by the Department of Insurance or be otherwise eligible and authorized 'to do!
business in the state of Texas. Insurers shall be acceptable to City insofar as their
financial strength and solvency and each such company shall have a current minimum
A.M. Best Key Rating Guide rating of A-: VII or other equivalent insurance industry
standard rating otherwise approved by City.
Deductible limits on insurance policies shall not exceed $5,000 per occurrence unless
otherwise approved by City.
In the event there are any local, federal or other regulatory insurance or bonding
requirements for the Program, and such requirements exceed those specified herein, the
former shall prevail.
Agency shall require its contractors, to maintain applicable insurance coverages,, limits,
and other requirements as those specified herein-, and Agency shall require its contractors
'de Agency with cerfificate(s) of insurance documenting such coverage�.
to provide I I Also,
Agency shall require its contractors to have City and Agency endorsed as, additional
insureds as their interest may appear) on their respective insurance policies.
Directors and Officers Liability coverage shall be n force and may be provided on a
claims-made basis. This coverage may also be referred to as Management Liability, and
shall protect the insured against claims arising out of alleged errors in Judgment, breaches
of duty and wrongful acts arming out of their organizational duties. Coverage shall
protect not only the entity, but all past, present and future directors, officers, trustees,
employees, volunteers and committee members.
ESG 'SA CONTRACT 2013-2014-PRESBYTERIAN NIGHT SHELTER OFTARRANT COUNTY 29
18, CERTIFICATION REGARID,ING LOBBYING.
The undersigned representative of Agency hereby certifies, to the best of his or
her knowledge and belief, that.-
No Federal appropriated funds have been paid or will be paid, by or on behalf of
Agency, to any person, for influencing or attempting to influence an officer or
employee of any agency, a member of Congress, an officer or employee of
Congress in connection with the awarding of any Federal contract, the making of
any Federal grant, the making of any Federal, loan, the entering into of any
cooperative agree.... ent and the extension, continuation,, renewal, amendment, or
modification of any Federal contract, grant,, loan or cooperati've agreement.
If any funds of her than federally appropriated funds have been paid or will be paid
to any person for 'Influencing or attempting to influence an officer or employee of
any agency, member of Congress in connection with this Federal contract, grant,
loan or cooperative agreement, Agency shall complete and submit Standard
Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its
instructions.
This certification is a material representation of fact upon which reliance was
placed when this Contract was made or entered into. Submission of this
certificate is a prerequisite i'or making or entering into this Contract imp,osect by
31 U.S.C. Section 1352. Any person who falls to file the required certification
shall be subject to a civil penalty of not less than $10,000.00 and not more than
$100,000.00 for each such failure.
Agency shall require that the language of this certification be included 'in all
subcontracts or agreements involving the expenditure of Federal funds.
19, LITIGATION A.ND CLAIMS.,
Agency shall give City immediate notice in writing of any action, including any
proceeding before an administrative agency, filed against Agency in conjunction with this
Contract or the Program. Agency shall furnish immediately to City copies of all pertinent
papers received by Agency with respect to such action or claim. Agency shall provide a
notice to City within 10 days upon, filing under any bankruptcy or financial insolvency
provision of law.
2010 NOTICE.
All' notices required, or per-nitted by this Contract must be in writing and are
deemed delivered on the earlier date of the date actually received or the third day
le- wh proper
follo wing deposit in a United States Postal Service post office or receptacles it
postage, certified mail return receipt requested, and addressed to the other Party at the
address set out below or at such other address as the receiving Party designates by proper
notice to the sending Party.
ESG PS A CONTRACT 2013-2014--PRESBYTERIAN NIGHT SHELTER OF TARRANT COUNTY 3,0
1 0.
City Attorney's Office
1000 Throckmorton Street
Fort Worth,, TX 76102
Telephone.- 817-392-7600
Copy to
Director of Housing and Economic Development
1000 Thr ockmorton Street
Fort Worth, TX 76102
Telephone: 8,17-3912-7540
Copy to:
Development Project Coordinator—Housing and Economic Development
1000 Throckmo,rto,n Street
Fort Worth, TX 76102
Telephone. 817-392-63,42
Ag,encv:
'Presbyten*an'N'ight Shelter of Tarrant County
Executive Director
2400 Cypress
Fort Worth, TX 76102
817-632,-7400
2,1. AGENCY HAS LEGAL AUTHORITY TO ENTER INTO CONTRACT,
1 11
Agency represents that 'it possesses the iegal authority, pursuant to any proper,,
appropriate and official motion., resolution or action passed or taken, to enter into this
Contract and to perform the responsibilities herein required.
22. COUNTERPARTS.
This Contract may be executed 'in multiple counterparts, each of which shall be
'dere,d an oral, but all of which shall constitute one instrument which may be
consi I I
sufficiently evidenced by one counterpart.
[SIGNATURES APPEAR ON NEXT PAGE]
ESG PS A CONTRACT 2 -2014-PRESBYTERIANNIGHT"SHELTER OF TARRANT COUNTY 31,
IN WITNESS WHERE OF, the Parties hereto have executed 4 duplicate
r-T-1
originals of this, Contract in Fort Worth, I arrant County, Texas.
C1
AT k14%T,*
CITY OF FORT WORTH
do
40"
By*
Sec r
S( 1 Fernando Costa, Assistant City Manager
M&C*- C-263
Date: August 6, 20113
APP'R VED AS TO FORM ND LEGALITY.-
Assistant City Attorney
IWO%.
A A7 T Xb Q;P Qr
U 1%V1 T_j I A I titf�44_44VWL-ES rj i
By.
Name',
Title:
STATE OF TEXAS §
COUNTY OF TAR RANT §
This instrument was acknowledged before me o r 2013 by
Fernando Costa, Assistant City Manager of the City f Fort Worth, on behalf the City of
EVONIA DANIELS
A
D
'7A ',4"itvf Fort Worth.
C�I, Not(,,iry P(iblic;, it (Df T,0-,X01S
otary Public, State off
-n rn i s s 1 ri E x i r e s
w coi
10 )o
Or
July 0, 2017
STATE OF TEXAS §
COUNTY OF TARRANT §
This 'Instrument was acknowledged before me on 2013 by
/46X aweR4, the g�',,4Z2 of Presbyterian Night Shelter of Tarrant County, a
Texas non-profit corporation,, on behalf of sai corporation.
'*o'tary Public, State of Texas
_A10L_ 'MkL An- Ank &L AL- 'gaL 'AN6._,MhL_Aft -AWL
MARTHA J HILL
My Commissim Expires
August 31,2015
W_"W-9w Inv
L RECORD
ESG PSG.CONTRACT 2013-2014—PRESBYTERIAN NIGHT SHELTER OF TARRANT COUNT" CITY3011CRETARY
Ft tNORTHI 1rX
40
EXHIBITS.
Exhibit"A"-Program Summary
Exhibit"A-1 '-2,013 HUD Income Limits
Exhibit "A-2"-Environmental Mitigation Action
Exhibit "B"-Budget
Exhibit"C" -Audit Certification Form
Exhibit"D"-Reimbursement Forms
Exhibit"E"-Form of Income Self-Certification
Exhibit "F"-Standards, for Complete Documentation
Exhibit 11G11 -ESG Performance Standards
Exhibit "1111-Match Report
Exhibit "I"-ESG Staff Certification Form
Exhi wit"J" - Section 3 Reporting Forms
ESG PSA CONTRACT 2013-2014-PRESBYTERIAN NIGHT SHELTER OF TARRANT COUNTY 33
r I resbyterian Night Shelter EXHIBIT A
Emergency Shelter and Case Management PROGRAM SUMMARY
PROGRAM SIJMMARY
Emergency Solutions Grant,
(ESG)
October 1.,2013 to Septernber 30,2014 $851065.00
PERIOD AMOUNT
PRODRAM:
The program will provide homeless persons in Fort Worth access to emergency shelter
services including food,, clothing, showers, and basic toiletries. Case management and
counsellinglis also available on-site.
ESG funds will be used to pay for salary, FICA, and fringe benefits for shelter employee.
ESG funds will also be used to pay for shelter security and general commercial liability.
Program services will be available 24 hours a day, 7 days a week, at the following locations:
Main Emergency Shelter-2400 Cypress, Fort Worth, TX 76102
Lowdon-Se hutts Building, for Women and Children - 2401 Cypress, Fort Worth, Texas,
76102
REGULATORY CLASSIFICATION.,
Service Category if more than one category,specify amount for each):
ESG Emergency Shelter Component
Regulatory Clitati0ii(s): 24 CFR 576.1.02
For emergency shelter activities, Agency will maintalin documentation that verifies that
100%, clients served are homeless or at risk of homelessness based on the current HUD
definitions.
PROGRAM GOALS:
Provl*de services to approximately 20001 Unduplicated Clients
EXHIBIT A—ESG:PRESBYTERIAN NIGHT SHELTER
EXHIBIT 66A.119
2013 UDC INCOME L_1 I T S
2013 Median Family Income—Fort Worth/Arlington, TX*
Person 2 Persons 3 Persons Persons 5 Pe sons 6 Persons 7 P rsons 8 Persons
301%A 13 850 $15,1800 $17" 8 19,750 21,9350 $22,9510 $24,500 $26,
50%A $23050 $26350 $'299650 $32,900 $35,550 $38,200 0 $43J50
8,.V1%A 5...9 $421150 ._ $651300 $699,500
*Income limits are established and published at least annually by HUD.
EXHIBIT. B GET
cc{?untr
'r TOTAL
EMERGENCYSHELTER
E'SSENTM SERVICE
S"alaries 1001 31,486 X7,1 4 67,164 671,562 837,376
Life Insurance 1002
Health Insurance 101,03 4,590.11
9,94,E 9,945 623101.89 86791
Unemployment 10,014 1,05 � 953 9,0154 1 1,065
Worker„s Coo cnsatia n 10,05 717 184 8,90,1
Re t.irernent 1CA ed icare 1 0016 11989 .55138: 7,1 5 1,794 64,059
Office Su,plies 1007
11ostage 1 008
Printin g 1009
Craft Sup2hes 1110
Food S2221jes 11.11
Insurance 1112
Accounting 11111
Contract Labor 1�,1 Y 4
SHELTER OPERATIONS
Maintenance 1115 54,89'9 50I1099
Rent '111
Security 111.7 2 6,01001 285 26,285
Insurance 1118 2110,00 1,x"8 l 22P98 1
Utilities 1'11 711196 77, 72 148,868
11201 54,628 213,993 268,621.
Hotel/Motel Vouchers 1.121
RENOVATIONS
SUB TOTAL.EMERGENCY SHELTER 85,0165.11 209,846 83,200 1,147,734,89 1,525,846
HOUSING .
r a i „J, ,
l
y t 4
,r
I
Salaries-Prevention 2001
FICA-Prevention 20102
Life Insurance-Prevention 20013
Health Insurance-Prevention 20014
Disability Insurance-Prevention 2 ,C
I.J2= l ra ent-State-Prevention 2006
Salaries-Rel-loo it 2007
MCA-ReHousin 20'018
i
l,.,ife Insurance-Rel-Iuusin 01
Health Insurance-R.eFf a&n 2010
Disabilit y ilit Insurance-ReHousing 2011.
ne lu rnent-State.Rel-lousiag 2012
SUBTOTAL-EAR&S
FINANCIAL S ISTANC
z
1
a F:
Rental assistance-Prevention 3401
Rental Assistance-ReHousing 3002
1t1 Pa rnents-Prevention 30103
Utili 7e nsi s-1.eF1'ousin 3004
Moving Costs-ReHousing 3005
Motel/1-1r�tel Vouchers-R.eflou��sin 3 (�
Security Deposits-ReHousin 31007
SUBTOTAL-” FINANCUL ASSISTANCE.
„
HMI
I II -Prevention 401011
HMISI ReI-lousing 4002
SUBTOTAL-HMIS
, *
'DOTAL ESG ONTRt CT�0,UN� ;, w4 �, ��.1 ��
FUNDING A:OTHER STATE AND FEDER.AI...,FUNDING
FUNDING B, DMCTlt l' S HOME
E
FUN'DrNG C: PRIVATE DONATIONS
EX BIB"B-ECG.PRESBYTERIAN NIGHT SHELTER
The following tables are purely informational and were created solely for purposes of preparing, negotiating, and
determining the reasonablene!ss,of the overall line item budget on the first page of this EXHIBIT B –BUDGET and
are not to be considered part of the terms and conditions of this Contract. Contractor may make changes to any
column except the "Position" column in the "Salary Detail" table without the City's consent so long as the total
amounts, charged to the grant do not exceed the line items on the first page of the EXHIBIT B – BUDGET."
Changes to the column labeled"Position"may only be made with the prior written consent of the City.,
SALARY DETAIL
�—Posjtjon Cost Type(Admin or Rate Annual Hours Percent to Amounit to
Housing Grant Grant
Relo cat io Stabli*l'i'za,til,oin
Services
Shelter Essential Services $1 "l 1 21080 96% $261,000
Coordinator $27,040
annually
Shelter Essential Services, $41120!0 21080 13% $51)486
Operations annually
Manager
N/A
FRINGE E'FAIL
Percent of P,a Amount Percent to Grant Amount to Grant
FICA 7.65% 5,220 % 1,989:
Life Insurance N/A
Health Insurance 13% 8)623 53% 41590.11
.lnerr lament N/A
Workers Compensation N/A
Retirement N/A
SUPPLIES AND SERVICES
Total ud et Percent to Grant Amount to,Grant
Office Supplies N/A
Office Equi, ment Rental N/A
Postage N/A
Printin A
MISCELLANEOUS
Total Budget Percent to Grant— Amount to Grant
Conference& Seminars N/A
Construction/Building Materials N/A
Contract Labor N/A
A
Craft Supplies N/,
Credit Reports N/A
Facility Fees N/A
Field Trip Costs N/A
Food Sup 2Hies N/A
Mileage NIA
Teaching-Aids N/A
FACILITY AND M"ILITIES
Total R udet ...._—Percent to Grant Amount to Grant
Telephone 16�065 0 0
Electric 56,0100 0 0
Gas 13,610 0 0
Water and Wastewater 441200 0 0
Solid Waste Disposal 10,350 01 0
Rent 0 0 0
EXMBJT B-ESG. PRESBYTERIAN NIGHT SHELTER. 2
Custodial Services 0 0 0
�.ey airs 5018,99
Cle,aniDg SU Les 36 143
Bacon 261285 99 265000
LEGAL,FINANCIAL AND INSURANCE
Total Budget Percent to Grant Amount to Grant
Fidelit y Woad or utvaleat N/A
General Commercial Liability 22198 % 2110! 0
:Directors and Officers { A.
Le ali Fees N/A
Contract Accounting,,", N/A
FINANCIAL ASSISTANCE
Total Bud et Percent to Great Amount to Grant
Homelessness Prevention N/A
1FMS
Total Budget .Percent to Great Amount to Grant
Rapid Re-Housing N/A
Homelessness Prevention N/A
EXHIBIT B—ESG:PRESBYTERIAN NIGHT SHELTER 3
EXHIBIT 46A.211
ENVIRONMENTAL MITIGATION ACTION
NONE REQUIRED
EXHIBIT 46cll
Audit Certification For
[See attached]
AUDIS"`CERTIFICA�.-ION AND AUDIT REQUIREMENTS
7
genet'a Name nt Agency
Fiscal Year Ending: SEPtem b+er 30 014
0 During:ng the fiscal year in which funds will be received, we will exceed the federal expenditure
threshold of$500,000. We will have our Single Audit or Program Specific Audit completed and
w ll submit the -�133 audit report within seven months after the end f the audited fiscal year
or thirty 3 )days within its completion, whichever is the earlier date.
During the fiscal year in which funds will be received., we will not exceed the $500,000 federal
expenditure threshold required for a Single audit or a Program Specific Audit to be performed this
fiscal year. Fill out schedule w)
, r*
A-I 41E
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Total Federal EUenditures fo,r thl*s Fiscal Year
Slignatory and Title Date
Failure to submit this or a similar statement or failure to submit a completed single audit package as
described in the federally required audit requirements described in OMB Circulars A-133 by the
required due date may result in suspension of funding and may affect eligibility for future funding.
Notwithstanding the above, this certifficati un acknowledges the agency's commitment to meet all
other financial reporting, nano al statements, and other audit requirements as may be suet forth
In the Contract
Exhibit "DII - Reimbursement Forms
[See attached]
ttachment I
INVOICE
Agency.
0
w
Address,
City, State, Ziop:
Program,r.
Period of S
. ...........
c
P'k ��r. U,�� �iGrr.„/i���w//✓�/r J� ,% r�........
e
,
✓ /
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.., ✓i/�r,..,���/v!Oc,r,,,alb..(r////r,..,,,,/Q/r...r/G/ lam,�:t, U�,,,-,r rl, ..�.,./.r,r�.0.vpf��r�,:;a„l /�`r u �„/r�„ ,
ens � � rt . tha t costs c valid n
IM di
MM c �.s s en wit... terms an con t ,s contract tract b Is *C 0 0 0 It n Agency. I s� .. n t invoice - certify that to the best
accurate. hb 0 . 0 1
of my knowledge and befief the dataincluded 'in this report is true
and It is c howled e the rovi
0
information could leave the certifying official subject to the
Signature and Date:
Name:1
Title:
Attachment If
City of Fort Worth
Housing anti Economic Development Department
Expenditure Workshect
Agency: Name
Program. Pr rare Name,
Highlighted are the only relevant codes for this ProgranL
Mang rau p like account coiks,
/
5'w— "ov"
nwmw�
7"
'4
P
"Aicount
%
40
AM
Line No.- dhee�N,6: �M"14
Salaries 1001
3 FICA 1002
4 Life Insurance 1003
Health Insurance 1004
Ci DisabiliLy Insurance 1005
7 Unem to meat-Stalt 1006
8 Legal&Accouitting 1007
9 PR0GRAM-/,PZMNNZL"'7II""77
to Salaries 2001
11 FICA
2002
12 Life bisuranci: 2003
13 Health Insurance 2004
14 Unemploymeat 2003
15 Worker's C'onl Worker's nsation 20,06
16 Retirement 2007
18 (DITICC Supplies—' 3001,
19 Office Equiernent Rental 3002
20 Postass 3003
21 Printing 3004
22 IMSCE '
" GUS
23 Conference&Seminar., 4001
24 Construction/BuildLni Matertalt_ 4002
25 Contract Labor 4003
26 Cron Supplies 4004
27 Credit 1 Mrts 4005
28 Facility Fees 4006
29 Field Trip Costs 4007_�
jo Food au lies 4008
31 Mileage 4009
32 Teaching Aids 4010
33 FACIL"ff,,,Yi AND",U"�',LLITIFS,"
34 Telephone 5001
35 Electric 5OD2
36 Gras 5003
37 Watcr and Wastowatei 5004
38 Solid Waste Disposal 5005
39 Rent 5006
40
Custodial Services 5407
41 lee airs 5008
42 Cleaning Supplies 5009
43
44 Fidelt Bond or Equivalow 6001
45
Directors and Officers 6002
46 General Commcrcial,LiabLlj_ 60,03
47 Up]Fees 6004
49 Contract Acceurttin 6005
49
50 Childcare:Scholarship* 71001
51, Counseli nj,-Individual Sessiom 7002
52 Counseling-!2E4Lup Sessions 7003
53 Short-term Rent Assistwe 7004
54 ....... Short-term Mort gaje Assistance 7005
55 Short-term Utilities assistance 7006
56 Tenant used Rental Assistan" 7007
57
58 Furniture,Fixtures. 8001
5 Com puters
60 Office I:tun 8003
Total Sport and Recreation Equipmeni 8004
*Pavroll must identify employee. Rent must identify tenant.Other payments should identify individual-
i
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II
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o
II
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Exhibit
Form of Income Self-Certi ficat*1011
[See attached]
CERTIFICATION OF INCOME STATEMENT
Applicant Name:
Current Address.- Phone
Household Members and Income
(Includ"r Applicant)
Last Name First Name ! Age ' Monthly Source/Employer Name
Income
"PERSONAL INFORMATION.(Check one in each item. Optional Information for Federal Reporting Purpolses)
a. []MALE b, WHITE [:1 BLACK/AFRICAN AMERICAN [:1 BLACKJAFRICAN AMERICAN&WHITE
FEMALE AMERICAN INDIAN/ALASKAN NATIVE [I ASIAN
AMERICAN INDIAN/ALASKAN NATIVE&WHITE []ASIAN&WHITE
NATIVE HAWAIIAN/OTHER,PACIFIC ISLANDER EJ BALANCE/OTHER
AMERICAN TND IA' /AL ASIA.AN NATIVE&BLACK/AFRICAN AMERICAN
ETHNICITY d. DISABLED, e. IS CLIENT WOMEN HEAD OF HOUSE1 IOLD
[:]HISPANIC [I YES E]YES
El NON-HISPANIC [I NO NO
TOTAL NUMBER OF HOUSEHOLD, (Include Yourself AND everyone who
MEMBERS lives in the loo use.),
Total Anticipated Annual Household Income:
Certification:
I certify that the infon-nation I am pro vidingis true and could be subject to ver.fflication at any time by a third
party. I also acknowledge that the provisi on of false information could leave me subject to the penalties of
Federal, State and local law.
AR G. TITLE 18�5 SECTION 1001 OF THE U.,S.,CODE STATES THAT A PERSON IS GUILTY OF A FELONY
FOR KNOWINGLY AND WILLINGLY MAKING FALSE,OR FRAUDULENT STATEMENTS TO ANY DEPARTMENT OF
THE UNITED STATES GOVERNMENT.
Signature of Applicant Date
For use by funding agency.-
Household Size. Annual, Income:
Income Limit: Is Applicant Eligible:
Person Making Determination*. Date:
Exhibit "F" - Standards fo�r Complete Documentation
[See attached]
2013-201 4 Documentation Stand d for
Public Service Contract Expenses
r � o
' "
E,0
EV
NoftsJQther
Employee Salariet,an 'S
w
y„
Salaries X X If an employee wortws solely with Contract eligible clients and solely on Contract eligible items,then the employee's entire salary is eligible for
reimbursement.Twice in each calendar year,the client must submit a written statement verifying that the above conditions are still true,The
statement must also be signed be a person authorized to sign on behalf of the agency,
If an employee works on a variety of programs,or works with a mixture of Contract eligible clients and non-eligible clients,then the City will a"arrty
reimburse,for a reasonable portion of the employee's salary,Each reimbursement request must include not only the employee's tirnesheet„but also
a work log breaking out the employee's time by project or activily. For employees paid with multiple funding sources,timesheets must reflect all
funding sources, If separate tirnasheets are kept for each funding source,all such trrrreshe+ets must be submitted to Crtyr,
*If employees are paid by direct deposit rather than check,then the agency must submit both the direct deposit payment company's report(such as
an ADT report)and a bank statement or check showing payment to the direct deposit company,
FICA/Medicare If the City pays gross salary,this Is already included.If the City pays the employer portion,then the employer must show a calculation and
documentation of how,the invoiced amount was calculated,and include documentation showirr a ment,
Life Insurance If the City pays gross salary,this Is already included,If we pay the employer portion,then the employer must show d calculation and documentation
of how the invoiced amount was calculated,must Include an invoice from the insurer,and must include documentation showing payment.
Health Insurance If the City pays dross salary,this Is already included.if we pay the employer portion,then the employer must show a calculation and documentation
of how the Invoiced amount was calculated,must Include an invoice from the insurer,and must include documentation showing payment,
Disability Insurance If the City pays gross salary,this is already included.if we pay the employer portion,then the employer must show a calculation and documentation
of how the invoiced amount was calculated,must include an Invoice from the insurer,and must include documentations showing payment.
Unemployment If the City pays roes sale�M t�is is already Included.If we a the employer portion.n w.then the employer
must sh w a caili
culaton and documentation
Insurance of how the Invoiced amount was calculated,and,must include documentation showing payment,
Retirement If we pay gross salary,this Is already included if we pay the employer portion,then the employer must show a calculation and documentation of how
the invoiced amount was calculated,must and include documentation shoawing payment,and prior to the first reimbursement,roust IncJude the
+ersonnei olio re larding retirement benefiits.
Professlonalt Services
e
9. m,
o ,
Accounting IX X if an audit is required because federal funds exceed$500 t 00,,their the cost should be split evenly by all federal funding,sources,
Ex enses
Ma eriala,Equipme oils,an Supplies,
a
Office Supplies X
Office Equipment X X X
Rental I ']
Postage X X t The agency should maintain information regarding mailouts,If the agency has a Pitney Bowes machine or like postage machine,the record's of that
machine must be on file.Likewise,if mail is categorized by payment source,then those records must be on file,For large mailouits,the agency
should ke�e a copy of the letter and a list of all addressees,
Priinting X X Ix µ_
Construction X X This category Is only available for REIN.
uildin Materials
Sport and X X
Recreation
Equipment
Cleaning Supplies X ,X X
Teaching Aids X1111 Ix Ix
Craft Supplies X X Ix
Food Su lies
EE
Ix TM
Travel and Field Tri 6
Field Trip X In addition to admis,slon expenses,food expenses will also be allowed so long as the agency has a written policy stating that food and drinks are
Admission routine purchases on all field trips,not just Contract-funded field trips.
Ex enses
Rent Lltlll
ties rea t ���� e i i I e a e r N r r � r rIe
Telephone X
Gas X X
Water/Wastewater
Electric X
Solid Waste X
Leis osal
Facility X X
Maintenance and
Repairs
Custodial Services X X if services are rovided er a contract,agency will provide contract Instead of invoices.
Rent X Ix
'lla allaneoul
Contract.Labor X X X
Insurance Required X X
Under the Contract
Childcare City requires that the agency submit Its fee schedule,showing a breakout of Income levels,and!for each level a breakout of the portion of the
Scholarships expense to be paid by family and the portion to be reimbursed by the City.This fee schedule is required,prior to the first payment.We also require
the income eligibility of each household so that we can determine If we are being changed in conformance with the fee schedule.If the fee schedule
changes at any time during the contract year,the agency must notify City and provide a new schedule within 30 days of the change.
*Proof of payment effective October 1,2013: Payments or Expenses must be documented In the following manner',
A)Image of the check AND bank statement showing the check cleared the bank;OR,
B)Image of the cancelled check(ex,At end of bank statement),OR,
C)Payroll"Advace"or Statement AND Bank Statement Indicating payroll;CSR,
D)For wire or e-I.ransfers,Reclept or statement from payee/vendor OR bank statement.
Emergency tons Grant Performance Standard's
41 0"
�0 f i`"';�4�
Act
r
Street Outreach Number ' 'persons:
- Placed in shelter or safe havens
- With more non-cash benefits at program exit
-
Receiving case man,agement
Emergency Shelter Number o er sons
Exiting to temporary/transitional hous destinations
- Exiting to, permanent housing destinations
- Receiving case man n,t
Homelessness Number of persons$
Prevention, Who maintained their permanent housing for 3 months
.
Exiting to e anent housing destinations,
- With higher income at program exit
'With more non-cash benefits at program exit
- ecei n case management
Rapid Re-Housing � � ��
Who maintained their permanent housing for 3 months
Exiting to permanent housing destinations
With higher income at program exit
'With more no cas of s t program exit
- Receiving case management
In order to successfully record performance outcomes, the CoC system requires, that once
a household is enrolled in an ESQ program, non-domestic violence cie gust
complete an initial HUD Intake Assessment within the HMISI system (E,TO), the HUD
Mid-Program Assessment, and. the t Assessment upon, program.
outcomes will be reported to the City using the e orate reports..
Domestic Violence Organizations will provide the same data utilizing their similar data
systems.
Reassessments, required r r m ants, receivin homelessnes prevent
o
s s e- u � �i�t � r-t i ants receiving homeless prevention
east be reassessed month rapid re-housing participants must be reassessed at least
quarterly. All participants must receive an exit assessment and enter it into HMIS or a
comparable-level database.
Exhibit "H"I
Match Report
[See attached]
CITY OF FORT WORTH
HOUSING AND ECONOMIC DEVELOPMENT DEPARTMENT
EMERGENCY SOLUTIONS GRANT
This attachment is esigned to document proposed sources and to assess compliance with
the required Emergency Shelter Grant (ES G) match portion at 24 CF 5 76.5 1. ES
funds are matched dollar-for-dollar for:each program year allocation.
City of Fort Worth ESG Funds $ MAN Agency .SSG Match $
1. SOURCES OF LOCAL MATCH.-
.'s
Other Federal (including pass-torough funds, e.g., City CDB,G, County FEMA, etc.)
MATCH SOURCE MATCH AMOUNT
TOTAL,MATCH
2. STATE/LOCAL GOVERNMENT FUNDING: (e.g.,, State Housing Trust Funds,
Local Assessment, etc.)
MATCH SOURCE MATCH AMOUNT
$
$
TOTAL MATCH $
3. PRIVATE (Including recipi'ent) FUNDING:
MATCH SOURCE MATCH$ AMOUNT
Fund Raising/Cash
Loans
Building Value or Lease $
Donated Goods $
Donated Computers
New Staff Salaries
Volunteers ($5/hr)
Volunteer Medicail/Legal
TOTAL MATCH
Comments:
CERTIFICATION: The undersigned,hereby,gives assurance that to the best of my knowledge and belief,the
data included in this report is true and accurate,and "sub itted by a non-profit agency,has been approved by the
governing body of the organization priortio submission.The match funds,identified in'this report are not included
as contribution for any other federally waisted wet or prograin as required by 24 F (a),(2)
Date: Submitted by: Phone Number.,
E I " "I"
Saff ECG Certification Fore
[See aftachedli
City of Fort Worth
STAFF' CERTIFICATION OF ELIGIBILITY FOR ESG FINANCIAL ASSISTANCE
lnstructions� In order for City to approve reimbursement for any client agency must submit, (1)client documentation of'income(source dog urnentation—or
self-certification);(2)documentation of homelessness;,(3�)copy of lease;and(4)this completed form, must be submitted upon initial'reimbursement
requestflor assistance for-each client AND upon agency request for reimbursement for the 4h month of rent for a client(excluding arrears).
1. General Informatlion
Read of Household Name, Age.-
Names of'Other Household Members,, Age:
Age:
Age.-
Age,-,
Age:
Household Jncome is less than 30%AM19. Yes NoE:1
Client Lacks Resources/suppoirt Networks,? Yes [:1 NoEl
Type(s)of ESG Finand I-Assistance*., Rent Rent Arrears Utility Deposi t(s,)Ej
Unit Address(must ble'in City�of�Fort_Wofth):,,
2. Other ESG Reguirements
NNOW
Lease in agency file ' No
'No
Client receives NO other rental subsidy(le,Housing Choice Voucher)9 Yes El
Reat a I Assistance Agreement between landlord and agency in agency file? Yes E]
Unit Ne er of Bedrooms.:
Fair,Market Rent(FMR)&Rent Reasonableness-, Area FMR Limit,(as,published by HUD):
Un it Rent per I ease
N D
Unit meets Habitability Standards9 Yes o ate of Inspection*.
3. Lead-Safe Housing.:
Applicable when(1)providing ESG rental assistance for more than 3 months eXC I Uding arrears,(2)pre-1 978 housing unit,AND(3)child under 6 in household.
Not Applicable 11
Number of Months Rental Assistance Provided(excluding arrears):
Year Housing Unit Blui It: Visual Inspection'Indicates Unit and Property Free of Deteriorated Paint?
Yes No
Name of Visual Assessor*:
For named,agency must have on file a certificate of completion of HLO's Visual Assessment Course(http,/!%vNvNv,h,ud,iu ov./ol,�'i-ice,�/�ead�`/,triininWvlstjalac;sessi-neii t/hOO I 00,,c tin
Required certifications: Each person signing below certifies to the foiloNvitig- (1) J*0 the best of my knowledge,,, 'the program, participant named above meets all
requirements to receive assistance under the Emergency Solutions Grant(ESA).(2)To the best of my knowledge and abil,ity,all oft he information used in makingthis
eligibility detemiination is true and colm:plete. (3,)1 an not related to the program participant through, fAmIly, business,or other personal ties. (4)To the best of my
knowledge, neither, I nor anyone related to me has received or will receive any financial benefit for thiis eligibility determination, (5) 1 understand that fraud is
investigated by the Department of Housing and Urban Development,Office of Inspector General,and may be pun,ished under Federal laws to include,but not lim,ited
to, 18 U.S.C. 10,011 and 18 US.C. 11 (6) 1i understand that if any of these certifications is found to be false, I will be subject to crimina,l,civil and administrative
penalties and sanctions,
ES,G Staff Signature, Date.
IESG Supervisor Signature: Date
a.,
EXHIBIT
attached]SECTION 3 REPORTING FORMS
[See
EXHIBIT #fill
SectIon 3 Summary Report U.S.Department of Houl,sing OMB Approlval No* 2529-0043
Economic Opportunities for and Urban,Development expo.. 11/30/2010)
Low—and fiery Low-income Persons Office of Fair Housing
And Equal',Olpplortun,ity HU_Field Office-
Section back of page for Public Reporting Bu a n statement
1.Recipier t ml Address.- (street,city,state, ups 7
2,Federal ldentificati= (grant n Total Arrucur.urut of Award.
Stu Contact Plerson. 5,Phone- ncludie area code)
6.Length of Grant" Reporting P rii d
Data Report SubmOted, 97Progiram !Use separate sheet 10, Program Nlame,,
for each program code)
Part 1,
Ep uen.. r C ll urr ns C and 'are mandato fields. Include e Hires Its E&F
Number f Numbler of N %of Aggregate Number %of Total Staff Hours Number of Section 3
Job Category a Hires Hires that are of Staff Hours of New Hires for Section 3 Employees Trainees
Sec.3 Residents i that are Sec.3 Residents and Trainees
Professionals
Technicians
Office/Clerical
CortstrGlrt by Trade List
Trade
Trade
Trade
Trade
Trade
Other'List
i
Total
*Program Codes 3 Pubf101Indian Housing g omeless Assistance 8=C MG State Administered
1=Fle)dbile Subsidy a prnent, 5=H 'ME 91=Other CD1 Programs
Section 20218 111 13=Operation 6=HOME State Administered 10=Other r ousin r r ms
Page 1 of 2 form HUD 6002(612001)
Ref 24 CFR 135
part B: Contracts Awarded
1", Construction Contracts:
A. Total dollar amount of all contracts awarded on the project
B. Total dollar amount of contracts awarded to Section 3 businesses
C. percentage of the total dollar amount that was awarded to Section 3 businesses I %
Di. Total number of Section 3 businesses receiving contracts
. lion-Construction Contracts:.
A,. Total dollar amount all non-construction contracts awarded on the project/activity
B. Total dollar amount of non-construction contracts awarded,to Section s businesses
C. percentage of the total dollar amount that was awarded to Section 3 businesses %
D. Total number of Section 3 businesses receiving non-construction contracts
Part lttt Summary
Indicate the efforts made to direct the employment and other economic opportunities generated by HUD financial assistance for housing
and community development programs,to the greatest extent feasible,toward low-and very low-income persons,particularly those who
are recipients of government assistance for housing. (Check all,that apply.)
Attempted to recruit low-income residents through: local advertising media,signs prominently displayed;at the project site,
contracts with the community organizations and public or private agencies operating within the metropolitan area or
nonrnetropolitan county)in which the Section 3 covered program or protect is located,or similar methods.
Participated in a l UDI program or other program which,promotes the training or employment of Section 3 residents.
Participated in a HUD program or other program,which promotes the award of contracts to business concerns which meet the
definition of Section 3 business concerns.
Coordinated with"Youthbuild Programs administered in the metropolitan area in which the Section 3 covered project is located.
Other;describe below.
Public reporting for this collection of information is estimated to,average 2 hours per response,including the time for reviewing instructions,
searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of information.
This agency may not collect this information,and you are not required to complete this form,unless it displays,aa currently valid OMB
number.
Section 3 of the blousing and Urban Development Act of 1 968,as,amended, 12 U.S. . 1701 u,mandates that the Department ensures that
employment and other economic opportunities generated by its housing and community d'evelo'pment assistance programs are directed
ry me persons,particularly those who are recipients of government assistance housing. The regulations are
ialaioris
toward low-and very-low into I d the Department to monitor program,recipients'coma. ltarrce with section ,to
found at 24 Cl R Part 1 35. The information will be used by p p 9 p p
assess the results of the Department's efforts to meet the statutory objectives of Section 3,to prepare reports to Congress,and by
recipients as self-monitoring tool. The data is entered into a database and will be analyzed and distributed. The collection of information
involves recipients receiving Federal financial assistance for housing and community development programs covered by Section 3. The
information will be collected annually to assist HUD in meeting its reporting requirements under Section 808(e)(6)of the Fair Housing Act
and,Section 916 of the HCDA of 1992. An assurance of confidentiality is not applicable to this forma. The Privacy Act of 1974 and OMB
Circular A-108 are not applicable. The reporting requirements do not contain sensitive questions. Data is cumulative,personal identifying
information is not included.
Page 2 of 2 foa'an HUD 60002(11/2010)
Fief 24 CFR 13
Form HU�D-60�OO�2,Section 3,Summary Report,Econ�omic Opportunities for Low-and Very Low-Income Person�s.
instructions: This form is to be usedto,report annual 8� Program Code: Enter the appropriate prograrn code as listed at
accomplishmients regarding employment and other economic the bottom,of the page.
opportunities provided to low-and very low-income persons under 9. Program Name- Enterthe name ofHUD Program corresponding
Section 3 of the Housing and Urban Development Act of 19,618. The with the"Program Code"in number 8.,
Section 3 regulations apply to any public and Indian housing
programs that receive- (1)development assistance pursuant to Part 1-.� Employment and'Traininig Opportunities
Section 5 of the U.S,Housing Act of 1937,(2)operating assistance Column A. Contains various job categode�s, Professionals are
pursuant to Section 9 of the U.S.Housing Act of 1937,or(3), defined,as people who have special knowledge of an occupation(i.e.
modernization grants pursuant to Section 14 of the U.S,,Housing Act supervisors,architects,surveyors,planners,and,computer
of 1937 and to,recipients of housing and c,om�munity development programmers). For construction positions,list eachtrade and provide
assistance In excess of'$2,00,000 expended for, (1')housing data in columns 6 through F for each trade where persons were:
rehabilitation(incJud,ing reduction and abatement of lead-based paint employed. The category of"Other"includes occulpations,such as
hazards,),,(2)housing construction-,,or(3,)other public construction service workers.
projects;and to,contracts and subcontracts in excess of$10�0,000 Column B;, (Mandatory Field) Enter,the number of new,hires for
awarded in connection with the Section-3-covered activity. each category of workers identified in,Column A in connection,with
Form HUD-,600102 has three parts,which are to be completed for this a�ward�, New hire refers to a person who is not on,the contractor's
a�ll programs,covered by Section 3. Part I relates to employment or recipient's payroll for employment atthe time of selection for the
and training,The recipient has,the option,to determine numerical Section 3 covered,award or at the time of receipt of Section 3 covered
employment/training goal's either on the!basis of the number of hours assistance.
worked by new hires(columns B,D.E and F). Part 11 of the form Column C: (Mandatory Field) Enter the number of Section 3 new
relates to!contracting,and Part III summarizes recipients"efforts to hires for each category of workers identified in Column A in
comply,with Section 3. connection with this,award. Section 3 new hire refers to a Section 3,
Recipients or contractors subject to Section 3 requirements must resident who is not on,the contractor's or recipients payroll for,
maintain appropriate documentation to establish that,HUD financial employment at the time of selection for the Section 3 covered award or
assistance for housing and community development programs were at the time of receipt of Section 3 covered assistance.
directed toward low-,and very low-income pe�rsons.* A recipient of Column D,. Enter the percentage of all the staff hours of new hires
Section 3 covered assistance shall submit one copy of this report to (Secfion3 residents)in connection with this award�.
HUD Headquarters,Office of Fair Housing and Equal Opportunity. Column E,: Enter the percentage of the total staff hours worked,for
Where the program providing assistance requires an annual Section 3 employees and,trainees(including new hires)connected
performance report,this Section 3 report is,to be submitted at the with this award. Include staff hours for part-time and full-time
same time the program performance report is submitted., Where an positions,
annual performance report is not required,this Section,3 report is to,be Column F�: (Mandatory Field) Enter the number of Section 3
submitted by January 10 and,if the project ends before December 31, residents that were trained in connection with thiis award.
w,ithin 110 days of project completion, Only Prime Recipients,are Part II: Contract Opportunities
required to,report to,HUD. The report must include Block 1: Construction Contracts
accomplishments of all recipients and their Section 3 covered Item A: Enter the total dollar amount of all contracts awairded on the
contractors and subcontractors. project/program,
HUD Field Office� Enter the Field Office name Item B: Enter the,total dollar amount of contracts connected with this
1 Recipient, Enter the name and address of the recipient project1program that were awarded to Section 3 businesses.
submitting this report. Item C:: Enter the percentage of the total dollar amount of contracts,
2. Federal Identification: Enter the number that appears on the connected with this project/prograrn awarded to Section 3 businesses.
award form(with dashes,). The award may be a grant,, Item D: Enter the number,of Section 3 businesses receiving awards.,
cooperative agreement or contract,, Block 2: Non-Construiction Contracts
3. Dollar Amount of'Award: Enter the dollar amount,rounded to the Item A: Enterthe total dollar amount of all contracts awarded on the
nearest dollar,received by the recipient. project/program.
4&5. Contact Person/P hone: Enter the!name,and telephone number Item,B:, Enter the total dollar amount of contracts connected with this
of the person with knowledge of the award and the recipient's project awarded to Section 3 businesses,
implementation of Section 3. Item C: Enter the percentage of the total dollar amount of contracts
6, Reporting P�eriod: Indicate the time period(months and,year) connected with this project1program awarded to Section 3 businesses,,
this report covers. Item 0-. Enter the number of Section 3 businesses receiving awards.
7'. Date Report Submitted* Enter the appropriate date, Part III*. Summary of Efforts—Self-explanatory
Submit one(1)copy of this report to the HUD Headquarters Office of
Fair Housing and Equal Opportunity,at the same time the The Secretary may establish income ceilings higher or lower than 80 percent
performance report is submitted to the,program office. The Section 3 of the median for the area on the basis of the Secretary's finclings,such that
report is submitted by January 10. Include only contracts executed variations are necessary because of prevailing levels of construction costs
during the period specified in item 8. PHAs/IH,A,s are,to report all or unusually high-or low-iincom�e families., Very low-income persons mean
contracts/subcontracts. low-income families(including single persons)whose incomes do not
exceed 50 percent of the median family income area,as determined by the
The terms"low-income perso�ns"and very low-income persons"have Secretary with adjustments or smaller and larger families,except that the
the same meanings given the terms in section 3(b)(2)of the United Secretary may establish income ceilings higher or lower than 50 percent of
States Housing Act of'1937. Low-income persons mean families, the median,for the area on the basis of the Secretary'sfindings that such
(including single persons)whose incomes do not exceed 80 percent of variations are necessary,because of unusually high or low famity,incomes,
the median income for the area,as determined by the Secretary',with
adjustments for smaller and largierfamilies,except that
forrn HUD,60002(11/2010)
Page I Ref 24 CFR 135
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Official site of the City of Fort Wotth, I-exas
CITY COUNCIL AGENDA FoRTWowm
COUNCIL ACTION,-, Approved on 816/2013-Ordinance No. 20854-08-2013
CONTINUED FROM A PREVIOUS WEEK
DATE: 7/23/2013 REFERENCE C-263"69 LOG, NAME.-M 17HUDAC ter,PLANPY13-14
CODE: C TYPE: NON- PUBLIC YES
CONSENT HEARING*.
SUBJECT: Conduct Public Hearings and Approve the City's 2013-20�18 Consolidated Plan and 2013-
201,4 Action Plain for the Use of Federal Grant Funds in the Amount of$9,4131,143.001
from the United States Department of'Housing and Urban Development for Program Year
2013-2014 from the Community Development Block Grant, HOME Investment
Partnerships Program, Emergency Solutions Grant and Housing Opportunities for
Persons with AIDS Grant Programs, Authorize Collection and Use of Program Income,,
Authorize Waiver of Application of Indirect Cost Rates, Authorize Execution of Related
Contracts and Interdepartmental Letters of Agreement and Adopt Appropriation
Ordinance (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It i's recommended that the City Council:
1- Conduct,a public hearing to allow citizen iinput and consideration of the City's 2013-2018 Consolidated
Plan;
211. Approve the City's 2013-201,8 Consolidated Plain for submission to the United States Department,of
Housing and Urban Development;
3. Conduct a public hearing to allow citizen input and consideration of the City's 20113-2014 Action Plan for,
use of federal grant funds from the United States Department of Housing and Urban Development in the
amount of$9,413,143.00 for Program Year 2013-2014 from the Community Development Block Grant,
HOME Investment Partnerships Program, Emergency Solutions Grant and Housing Opportunities for
Persons with AIDS grant programs and for the use of program income from activities using prior years'
federal grant funds*
4. Approve the City's 2013-2014 Action Plan for submission to the United States Department of Housing
and Urban Development including allocations of grant funds to particular programs and activities as
detailed below,
5. Authorize the collection and use of an estimated amount of$50,000.00 of program income resulting
from activities using prior years' Community Development Block Grant funds for the programs and activities
detailed below,
6. Authorize the collection and use of an estimated amount of$250,000.00 of program income resulting
from activities, using prior years' HOME Investment Partnerships Program funds for the City's H,omebuyer
Assistance Program,,,
7. Authorize the City Manager or his designee to execute contracts and Interdepartmental Letters of
Agreement for a one year term with the agencies listed below in Tables 1, 2 and 3 for Program Year 2013-
2014 for Community Development Block Grant,, Emergency Solutions Grant and Housing Opportunities for
Persons with AID s grant funds, contingent upon receipt of funding;
8. Authorize the City Manager or his designee to extend the contracts and Interdepartmental Letters of
Agreement for up to one year if an agency or department requests an extension and such extension is
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necessary for completion of the prolgram;
9. Authorize the City Manager or his designeeto amend the contracts and Interdepartmental Letters olf
Agreement if necessary to achieve program goals, provided any amendment Is within the scope of the
program and in compliance with City policies and all app�licable laws and regulations governing the use of
federal grant funds;
10. 1 Authorize a waiver for indirect cost rates,as applicable for the Grants Fund, in accordance with the
City s Administrative Regulations; and
11. Adopt the attached appropriation ordinance increasing the estimated receipts and appropriations to the
Granits Fund in the total amount of$9,413,143.00 (the amount of$6,079,622'.00 in Community
Development Block Grant funds,, the amount of$1,996,541.00 in HOME Investment Partnerships Program
funds,the amount of$425�,325.00 in Emergency Solutions Grant funds and the amount of$911,,655.00 in
Housing Opportunities for Persons with AIDS Grant,funds) plus any program income, all subject to receipt
of such funds,.
DISCUSSION:
The City receives an annual a�llo,cation of federal grant funds from the United States Department of
Housing and Urban Development(HUD)for the Community Development,Block Grant(CDBG), HOME
Investment Partnerships Program (HOME), Emergency Solutions Grant(ESG)and Housing Opportunities
for People with AIDS (HOPWA)grant programs. In order to continue,to receive these fundsthe City must
submit a Consolidated Plan (ConPlan)every three,to five years and an Annual Action Plan. The,2013-
2�018
ConPlan summarizes housing and community development needs, particularly those of low-income
persons or households and, provides the goals, objectives and strategies to address HUD's goals for
decent housing,: suitable living environment and expanded economic opportunities. The ConPlan will cover
the period from Octoible r 1� 20 13 to S elp�telm,ber 30�, 20 18,.
The ConPlan consists of two parts," (i)the five year Strategic Plan, (October 1, 2013 to September 30,
20,18)and (ii)the Annual Action Pl�an, which includes housing and community development activities and
proposed expenditures for the upcoming Program Year. The plan for the first year of the ConPlan is listed
bellow.
The City's Annual Action Plan is a comprehensive summary of the major housing and community
development activities, programs and proposed expenditures for the use of$9,413,143.00 of federal grant
funds from HUD,from CDBG, HOME, ESG and HOPWA grant programs for the Program Year beginning
October 1, 2013 and ending September 30�, 2014. This year's Action Plan also summarizes the use of
program income resulting from activities using prior,years CDBG and HOME funds. The purpose of these
grant fundis is to primarily benefit low and moderate income City residents, with E,SG funds primarily
benefiting homeless persons and HOPWA funds primarily benefiting persons with HIV/AIDS-
A notice was published in the, Fort Worth Starjel ra -day pub:lic
pieg— —m on June 21, 2013 regarding the W
comment period for the City's proposed ConPlan and Annual,Action Plan. The public comment period was
held f rom June 23, 2013 to July 23, 2013. Any comments will be maintained by the Housing and Economic
Development Department in accordance with federal regulations. These public hearings on the City's
ConPlan and Action Plan will be the first public hearings for the HU'D-requi'red citizen participation
process,. The second public hearings wi,ll be held August 61, 2,013 at which time the City Council is,
scheduled to approve the Con,Plan and the Action Plan. The ConPlan and Action Plan must be submitted,
to HUD by August 16, 2013.
In additio�n, public hearings were held on June 210, 2�01 3 at 10:00 a.m. and 6:00 p.mi. for citizens to,provide
comment on,the proposed list of neighborhood streets eligible for reconstruction using CDBG funds,. The
Transportation and Public Works Department prepared, a list of priority streets in CDBG-eligible areas. The
streets selected for reconstruction were based on the comments provided at the public,hearings. A list of'
the streets,is attached and will be included in the Action Plan.
Staff developed recommendations for the allocation of the estimated funding from HUD and presented
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there to the Community Development Council (CDC)on May 22, 2013 and to the Housing and Economic
Development Committee on guns 4, 2013. A summary of the C s funding
recommendations is provided
below In Tables, 1, 2 and 3 and a spreadsheet of'all specific funding recommendations is attached.
For Program Year 2013-2014, it is recommended that the amount of$6,079,622.001 in C ;; G funds and the
estimated amount of$50,000.00 of CDE3G program income be allocated as follows.*
Public Service $911,943.00
r includes social services for low to moderate income, disabled and disadvantaged
populations.
Housing Programs and Services -$2,149,193.50
This here includes funding for the City's priority repair Program, Cow town n Brush-1 homebu er
an
housing services and accessibility modifi ations t the lur es at senior and/or disable
individuals and. related project delivery costs for these programs.
Demoliti on and Infrastructure Services -$1,066,. 11.3
Thum item includes funding for neighborhood ,streets reconstruction and demolition of residential
structures to eliminate slung and blight in City neighborhoods.
CD G Eco►nomui Development-$736,349-801
This item is the City's annual payment on its Section 108 loan from HD.
CDBG Estimated Program Income -X50,000.00
The CDC recommended allocating any CDB,G program income for the demolition of residential
structures to eliminate slum and blight in City neighborhoods,
C , G General Administration .$1,215,924.40
This item includes costs for administering the CDBG grant including allocations for Financial
Management Services, Internal Audit and Planning and Development Departments.
For Program Year 2013-2014,014, it is recommended that the amount of$1,996,541.00, in HOME funds and
the estimated amount of$250,000.00 of HOME program income to,be allocated as follows:
Home buyer Assistance Program - 1,097,405.75
This item includes funding to provide down payment and/or closing cost assistance to low and
moderate income homeburers.
Community Development pent Housing Organizations CHDO Set Aside .$299,,481.15
HUD requires that a minimum of'1 5 percent of HOME funds be allocated to CHos for affordable
housing projects and CHDO adrninistrative operating costs. These funds will be used for the
Hillside l iorningside Single Family Infill Project by the Tarrant County Housing Partnership CHDO.
Multi-famil y Development 1.$400,000.00
Funding will be used for the Angle Apartments Development(Development). The Development will
result in approximately 306 units and 680 on-site parking spaces. This Development will address a
need for quality affordable housing by providing 100 percent income restricted units to Ford Worth
families at or below 80 percent of Area Median Income. The approximate address will be 3900 Angle
Avenue, Fort Worth,Texas 7'6106, Council District 2.
HOME General Administration inistration " 19'9,654.10,
This item includes costs for administering the HOME grant.
Staff anticipates the receipt of program income in the,201 3-2014 Program Year from activities using HOME
funds. Any future program income will be used for the City 41s Hornebuyer Assistance Program (HAP) after
the 10 percent aullooation, excluding, recapture, for HOME General Administration.
For Program Year 2013-2014, it is recommended that the amount of$911,655..00 in HOP WA funds be
allocated as follows:
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N to Service Providers, .$884,305-35
HOPWA Program Administration -$271349.65
For Program Year 20113-2014, it is recommended that the amount of$425,325.00 in ESG funds be
allocated as,follows:
Non-Pr ►fit Service Providers -$393A25.62
ESG Program Administration -$31,8991.38
The CDC and Staff taff recommend that contracts be executed with the agencies listed below in the amounts
shown, in,the following tables:
Commurifty Devell
[Mnient.Block Grgirit:
Table 1 -CDBG 82encies
n
Or ga 0
ization PEUiram Amount,
Condor Foundation Substance Abuse
Treatment $ 821075.00 1
Childcare Associates Childcare Associates $ 35,335.00
Clayton Child Care. Inc. d/b/ia Clayton Out of School Time
YES! $ 821,326.00
Counseling/Shelter
Day Resource Center for the Homeless Based Case
Management $ 431908.00
girls Inc. of Tarrant County Girls Inc. Norths,ilde Fort
Worth $ 829075.00
Lena Pope Home, Inc. Second Opportunity for
Success $ 82P326.001
Meals,on Wheels, Inc. of Tarrant County
Homie,-Delivered Meals
NO $ 821326-00 =No
Senior Citizens of Greater Tarrant Connecting Seniors to
Count y Community $ 81,824.00
Tarrant County Housing Partnership Housing Counseling and
Education $ 124,1935-001
The Ladder Alliance Computer Skills TraininQ $ 100,235.00
The Salvation Army, a Georgia r T.A.R.,'T
Car oration 43,908-00
YMCA of Metropolitan of Fort Worth Early Childhood
Education $ 35,335.00
YWCA Fort Worth &Tarrant County Child Development
Program, $-35-1-335.00
C Public Service Subtotal $911 j943-00
0000�
*REACH Resource Center on Project Ramp
Indeeendent Living 753000.00
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TOTAL CDBG Contracts 6,x'943.00'
*REACH will be;funded from the CDB'G Housing Programs budget.
0
Housing__Op.portunities For Persons With AIDS
Table 2,-HOP,WA,Agencies
I Organization Program Arnount
Tarrant County Samaritan Housing, Inc. Administration (thrIee percent)and
Supportive Services
I
$ 261,611-35
AIDS Outreach Center, Inc. Administration(three percent)
Supportive Services, 'Tenant Based
Rental Assistance ('TBRA), and Short
Rent Term Mortgage and Utility
Assistance (STRMU)
$-D22-t,694.00
TOTAL HOPWA Contracts 88403015-35111111111111111,,
Erne,rg_qncy_$o1ut1ons Grant.
Table 3 -ESG Agencies,
OLganization Pro ram Amount
SafeHaverli of Tarrant County Shelter Services 85,065.00
Presbyterian Night Shelter -- Shelter Services- 85,065.00
DIay Resource Center for the Shelter Services
Homeless 85sO65-001
The Salvation Army, a Georgia
Coreoration Homelessness Prevention/Ragid Re-Hlousing $1 4311136-010
CFW Plarks and Community
Services
Homelessness, Prevention/ id Re-Housiln 6310151-62
.............
Catholic Charities of Fort Worth
Homelessness Prevention/R221d Re-Houis,inig 321,079.00
TOTAL ESG Contracts $3931425-62
These programs are available in ALL COUNCIL DISTRICTS.
FISCAL INF'ORMATION,/CERTIF'ICATION:,-.
The Financial Management Services Director certifies that upon approval of the above recommendations,
adoption,of the attached appropriation ordinance and receipt of grant funds, funds will be avallabile in the
current operating budget, as appropriated, of the Grants Fund.
TO Fund/Account/Centers, FROM Funid�/Aiccount/Centers
.......... ........
G 7 451,727 01720665OXXX $6-tG7,9j!j2-2tQ01
G R76 5XX,XXX__QI7?Q6Q,50XXX $5
L079j,622.00
G 7 451727 0117206653XXX $425,325-010
GR7'6 5XXXXX.0-17206653XXX S425,3,25.-0,0
GR76 451727 01720,665i4XXX $911.655.QQ
GiR76 5_ _Qj720661514XXX $9111.1 55A00-
GR76 4511M _Q17206650XXX $50,J-0Q0.90
GR76 5,XXX" O1720I665IO�M, $5,0,.QkQ-.QQ
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GR76 451;685 0172060651XXX $Z50,,000.00
GR76 5X X11720665 X $2,5Q,�DQQtQQ
GR76 451727_0 72Q0651XXX 5 .,00
$1,990541
G R76 5XXXXX
$jAR96,,,541.00
017206651XXX
.............
Submitted for City,M,Apaggy's Office byl-, Fernando Costa (6 122)
Qrj gii j ,n#in g,,-Qepart mien t Head: Cynthia Garcia
Additional Information Contact,,, Robert Sturns (8003)
Leticia Rodriguez (73,19)
.............. ..................... .........
ATTACHMENTS
17HUDACTPLANPY1 3-14 AO 13 VG 1�.dqc
2013-18ConPlanMerno HED6.4.13CQ.pd
ActionPlan 2013-14 fundin recommendat' n
pgL dT
lo
List of Selected Street for Action Plan_20,11 pldf
...........
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