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HomeMy WebLinkAboutContract 45165 Mosom ffi CITY SE'CRETARY CONTRACT NO, ST'A rlE, OF' TEXAS COUNTY 017UrMUZAN"11 § 'This contract ("Conti-act") is, made and entered into by and between the City of , 4 -'a Foil Worth (hereafter "City") and Tee Salv'ati' n,.,A: rmy,,(jie: i 4: �r moy!'-) Opprgi Q`p City and Agency m,y be ref"erred to inclMdually as a "Party" and jointly as "the Parties"., The Parties state as .6ollows: WT-If-,`,REASS� C1tv receives grant nioiiies fi-on-i the United States Department of .0 Housling and Urban Development ("HU1,Y) fluough Emergency Solutions Grant Program ("ESG"), Program Now S-13-MC-48-0006, Catalog of Federal Domestic Assi'stance No, 14-231; the ESG prograin is intended to provide hoine1ess persons o�r persons WHEREAS,, tn at r1sk of becoming homeless with financial, assistance, basic shelter, essential SLIpportive services, and/or operations, as ,cipplicable) WHEREAS, Agency SUbmitted a proposal to use EA SG ftinds for an eligible program under the ESG Regulations whereby Agency w111 provide services to low and moderate income City citizens; WHEREAS, City citizens, the Community Developmerit Council, and the City. COLIncil have determined that ESG program tre needed by the City's citizens; -4 Ift I NOW, THERE Y M-17-, the Parties understand (I d agree as follows: 1. INCORPORATION OF RECITALS. City and Agency hereby (-,,tgree that the recitals set forth. above are true and correct and form the basis upon which the Parties have entered into this Contract. 2. DEFINITIONS. In addition to terms defi ned In the body of this Contract, the terms setf."orth below .1 1 shall have the definitions ascr ioea to them as follows Are Me(lian Income or AMI means the median flimily hicotne for the Fort Worth- Arlington metropolitan statistical area as, established annually by IJUD. "I"he 2013 inconic limits are attached hereto as Exhitn"I "A-V —2013 1JUD Income Limits. o Business Diversity Enterprise Orditlance or 'BDE means the City's Business Diversit , Ordinance, Ordinance No. 20020-12-201 1. Lu FIB RJEC081) F ( "Cool) LJJ ESG PSA CONE AC 2013-210 14 - ITIE S.M.,vx"riON ARMY C177 SEC RIEETAIW' TY F FT V ii T- ftRTM, TX R E C E I V'E D N V 2 10 L I .......... .................................. Complete Docutnent-afion means the following documcntation as applicable: Attachnients 1, 11, and 111, with supporting documentatton InClUding" o Proof of expense-. copies of timesheets, invoi'ces, leases,, service contracts or other docLinientation showing that payment is due by Agency. 0 Proof of pia yniwit: cancelled checks, bank statements, or wire trans1'ers necessary to demo stmt that amounts clue by Agency were actucafly paid by Agency. 0 Proof' of'client eligibifity.- (1*) Source Documentation sufficient to show that clients participating in the Program are ESG Eli g i, I ients; or (ii): documentation other t. an Source Documentation to show that clients served by the Program are ESG Eligible C11"ents. In the event that Agency is a facility that provides a public service, ti-fis means doctirrien tat ion that clients served by Agency are ESG I A ligible Clients, • Complete Documentation shall meet the standards described in the attached Exhibit "F"- Standards for Complete Documentratioll. • Any othei- docurnent or record reasonably necessary to verify costs spent, and client eligibility for the Prograrn, D,BE rneans disadvantaged business enterprise. Director means the Director of the City's Housing and Economic Development Department. Effective Date means October 1, 2013. ESG means Emergency Solutions Grant. ESG Eligible Client means an I'ndivl'dua,l or household that meets the definition of "homeless" or "at risk of hornelecssness" as defined 'in the HEARTH Act. ESG Funds means, the ESG grant funds, supplied by City to Agency wider theterms of this Contract. :SSG Regulations can regulations found at 24 CF R Part 576 etseq. HEARTH Act means the Homeless Emergency Assistance and Rapid Transition to 11-lousing, Act of 20019, 42 U.S.C. 11302 el.qeq. ESG FISA CON'"I'RAC"I'201-3-2014 --l"HE SALVA11,0"N' ARM Y 2 Development Do artmerit. RED cep-artment mean thC Oty'S 1....1c LISing alld E' P HUD ineons the United States Department of lJousinn and Urba-n Developnient. IDIS means HUD's Integnated Disbuiseinent Information Systeni. Progi-Allm means the services described in Exhibit "A"'- Progi-am Summary. Reinibursement Request means all reports and offier documentation described in Section 9. Soorce Documentafion means d.oCLIMentation sufficient and II'IJSG Regulations to establish an individual or household, as an ESG Eligible Client Unduplic,,ated Clients means, a, count ot'ES,G Eligible Clients, served one in the Contract "rerin. ESG Eligible Clients served more than once in the Contract rl"erni 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 tern,itnates on Septeniber 301 2014 unless earlier terminated as 1.)i-ovided in this Contract. 4. DUTIES AND RESPONSIBILIFf IES OF CITY, 4.1 Provide ING Funds. City shall pr ovide yl Io POR"'FYTH, E E T H 0 U A N'D 'ONE H UN D RRO 3 of ESG Funds on a reimbursement of expenses basts, under the tern-is and conditions herein. 4. nito iv, 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 A D RESPONSIBILITIES OF AGENCY, 5.1 Req,iti'red Services. Agency shall perform the services described in ExhIiI.)I*t "A"-Program 511111mal-Y 'in accordance with the terms and conditions of this Contract. 5.2 Use of ESG Funds. 5.2.1. Compfiance with ECG Regul",itionS Mid Contract. m 4 Agency shall be reimbursed 1`6r eligible Pgr roa costs with - SSG I'unds only if City determines in its sole discretion that-, FSG PSA CONTRACT 2013-2014 -THE SALVATTON A R-N/I'Y 3 ................. 5.2.1.1 Costs are eligible expenditures j,n accordancle with ESG Regulatiol'Is. 5.2.1.2 Costs are ' I 111 compliance w'th this Contract and are reasonable and consistent with industry norms. 5.2.1.,3 Complete. Documentation 'is, submitted to City by Agency. 5.2.2 Br. dyet, Agency agrees that ESG Funds will be paid on a reimbursement bas,is in accordance with Exhibit "B" - Budget. During the ter in of this Contract, Agency nlay submit written requests to increase or decrease line-i-tem amOLIntS in the Budget, including an explan at"lon of why such increases or decreases are necessary. All such requests must be rapproved by the Director in writing, with such approval being in 'the Director's sole discretion. If Director approves tile Agency's proposed Budget amendment (as approved, -the "Amended Budget"'), then flie Amended Budget will take, effect on the first day of the month following the rrionth in which it was approved by Director, ujitess otherwise specified in the aniendnient. All, requests for Budget amendments must be submitted by August 15, 2014. 4 it 5.23 Chan in Pt o am Bu & I , gr 5.2.3.1 Agency will notify City promptly of any additional funds, it receives for operation of the Prograrn, and City reserves the right to amen d this Contract in such ins-tances, to ensure compliance with HUD reguhations, governing cost allocation. 5.2-3.2 Agency agrees to utilize I'Unds available Under. this Contract to supplement rather than UP tart funds othenvise avadzible 1 use in the Program. 5.2.4 Pa men t of ES G Funds to Agency, FSG Funds will be disbursed to Agency upon City's approval of Agency's written and signed Reimbursement Requests "Including submission of Complete Documentation to City in compliance with Section 9. If Agency expends all funds budgeted for the Prograin prior to -jel ternber 20, 2014, City may hold back a small -:unount of the E Funds until the end of the term. During this interim period, Agency must continue to submit Relinbursement Requests with an invoiced amount of$0. it is expressly agre-ed by the Parties that any ES G Funds either not spent, or not approved for rein bursemen't to Agency shall remain with City. ESG PSA CON rmAur 2013-2014 -THESALVATION ARMY 4, 53 Proaram Performance Mi'lestones. Agency warrants that the 111-()gran) will achieve the ill owing milestones: 3 27.27% 27.27% 6 —.--54.54% 5 4.54% 8 72-72%, 72.72% I T7 100% 100% Failure of Agency to meet these milestones or a, material deviation from them as, outlined in this Section 5.3 is a breach of this Contract. For the purpose of this Section,, 44 materi,al 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. id with ESG J?unds. 5.4 Iden!lfv ProLyr.11111.h,,1201ses Pfl* Agency will keep accounts and records, in such a manner that City may readily identify and account for Program expenses reimbursed with ESG 1"unds. These records shall be made avaliable to City for audit purposes and shall be retained as required hereunder. 5.5 491 t C b. 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. 113 75(a). Some common sources include-, (i) Agency funding [turn non-l' deral sources and eligible federal gr nts, (ii) volunteer time, Which may valued at $5/hour of time; anci (iiio) the value or fair rental value of any donated materials or space. The mom et'ary values Agency assigns to all sources of match are subject to review and approval by City. 5.5.1 Prior to October 1, 2013, Agency must subnAlt. to City a completed Match Report on the form attached hereto as Exhibit "H"- Match Report detailing actual and anticipated match sources. 5.5.2 With each Reimbursement Request, Agency must submit a log, of fbnds expended to date on the for-n provided in Exhibit "11"- Match Report, plus documentation of any match expenditures first reported in that, month's Reimbursement I qtiest. 5. .3 Records regarding match funds intist be kept by Agency in accordance with Section 8. 5.5.4 ff the expenditure of match funds and ESG Funds is not happening at approximately the same pee, City reserves the r1glit, to withhold ESG Funds until match expenditUres are st,ibstanti(,Ifly the sc,�tine as FSG Funds reirn bur sed to d(,Ate. ESG PSA CONTRACT 2013-2014 -TFIE SALVATIONARMY 5 "Y VF'4RII?R,,',A'TI0N. 6. CLIEN 11311,41[r 6.1 Agency will document 'the eligibility of all prospective clients. Agency may redact the c nCs personal itif'ornitation and substitute a, client number. Agency may use form attached hereto as Exhibit "'t,affESG Certification Foi-ni to docurnent the eligibility off`all prospective clients thcatrecewe direct financial assistance as described in Sectio'ns, :6'.1.1.2 (11), (ill),, and ( I., : 6.1.1 A- gencies I'leceIV,119 Vj S Funds, Coon-dination of Services,. Agency must participate in the local ContinUU114 of Care and enter data in the local Homeless Mallagenicrit hiforination, System("IMIS"). 6. 1.' .2 Hoinclessness Stattis., Agency niust verify thiat all new clients, rnect the definition of' homeless or at risk, of' hoinelessness i n the HEART-1. Act,, as amended from ti,ine to tirne. Acceptcable foj,-nis of verification'Include- I., Fot- emet-gtne� pei-so ns (shelter set-vi ceis fot- hornelesis Y includinu childeare foir honietess efients): t A signed, dcated, statement from the client stating that the client is honielessI or that the client is bomeless, by virtue Of fleeing dom,estic violence. r I - fitianchil �ass'stiance It For honielesstiess p eventoon I Docui-netitalion that the individual or I`arnily has an annual incot'ne at or below 30 of AMI 2. Evidence docutnen tin g that, the client does not have sufficient resources or support networks iminediately available to prevent them from moving to an emergenicy shelter or another place defined in Category I of the "homeless" de,finition Luider the HEARTH Act, 3. DocunientIcItion of (',Iient's reasonabis! prospects olf r uining payment f'rent or utilities, as appil"cablel With in a recasonable, it e, and 4 Docume supporting the type atid 8111OUIlt Of' assistance provided, including, but not limited to, 111volces, PCISt dUe 110tices, and/or executed leases7 as applicable, and proof of pay nent by Agency. ESCYPSACONTRAC"I'2013-2014 6 For rapId 1'e-housing sel-VICes- finanei'all "a's'sistance-9 I Documentation th"C'11, the individual or family m(,,1,cts the hoincless definition in the HEM"I`H Act, 2, Documentation ofrent reasonableness, 3. Documentation of client's reasonable prospects of resuming payment of rent and/or utilities, as, applicable, within a reasonable time, "1 1 4. Ev icence docut-nenting that the client is not receiving assistance 6,0111 other rapid re- housing/honielessness prevention agencies or funding sources, and 5. DOCLImentation stipporting the type and amount of assistance provided, including, but not Ili-nited to, invoices, past due notices, and/'or executed leases,I as applicable, and proof of payment by the agency. Will Folt- housing i-elocation iand stabilizratioll SeINICes: I DOCLImentation that services are provided for eligible homeless and E-It risk of homelessness clients'zis definesd in the FIEA[�FH Act, and 2. DOCLIMentation that any staff costs and or relocation/stabilization services, directly benefit the eligible individual and famili,es, and are clearly distinguished from the general administration of ttie Progi-ani. 6.1.2 Perfoi-mance Stanger-ds. Agency rnt"Ist, verify that the Program is tracking ESG activities and ou.tconies in accordance with the City's performance standards, as described in Exhibit "G" - ESG Pet'-for-mance Standards, Data maintained in the FIMIScar a comparable database is preferred. 6.2 Submiksion of Comp etc Mcumentation. Agency must submit copies of all eligibility verification dOCLIMC*ntation described i,n Section 6.1 with Attachment 1-11 in each month's Reimbursement Request for all d must maintain copies of such Undupl'cated Clients served for the first time, an documentation as required under this Contract. 7. Ad(fitional E SG-ReginhActuents. Agency agrees to coniply with all re(juirements of the ESG Prograill as stated in the ESG Regulations, including but not limited to the following: FS G PSA CONTRACT201.33-2014-THE SALVATION,,,ARMY 7 .............. 7.1 Envit-onmental RevIOV. f-'4.SG 1"unds, wdl not be paid, and costs cannot be incurred until City has core ducted and completed an environmental review as re-cluired by 24 (TR Part. 58. The efIviro ring ental review may result In (A decision to l oceed with, niodify, or cancel the ftinding, forte Prograrn. Further, Agency will not undertake or conlillit any funds to physiccal or choice limiting actions as described in any applicable 14"ecleral regUlIcItiOnS. Any violation of this provision will (i) CaLISO this Contract to terininate immed lately-, and (ii) require Agency to repay to City the ESE FUnds it has already received and I'Orfeit any ftlWre payments of ESG Funds. 7.1.2 Environniental Mifig"ation. "w6wam"POWWWAW" If applicable,, Agency must to the mitigation actions, Otitlined. in E'xhibit "A-2" — Environmental Mitigation Actions, al lure to complete the required mitigatioll action is an event of default under this Contract,. 7.2 Conti-act Nol Collsfitlitinp, ,C: nimitment of Funds. Notwithstanding any provision of this Contract,, the Parties agree and acknowledge that this Contract does not constitute a con-in-litment of funds, and that such commitment of funds or approval rnay occur 0111Y LIP011 (i) satisfiactory completion of environmental review and receipt by City of an authorization to use grant ftinds fi-orn HUD tinder 24 CFI Part 58, (1i) approval of City's 2013-2014 Action [)1an, and (iii) receipt by City of grant agreement fi-om U'D. 7.3 Monitoring. 7.3.1 Agency understands and agrees that City will n-io nit or the adequacy and timeliness of Agency's performance Linder the terms of this Contract as well as its compliance with the ECG Regulations. Agency is subject, to such monitoring during the term off"this Contract and For. 5 years af."terthe Contract terrn ends. Agency will provide reports and access to Prograin files ,-,,is requested by City for during this 5 year period. For purposes of this Contract, this 5 year period for monitoring is deemed to begin on October 1, 2014 and end on September 30, 2019 regardless of whether or not this Contract is earlier terminated. 7.3.,2 Representatives of City, HUD, and the United States, Comptroller General shall have access during regular business hours,, upon 48 hours prior notice, to Agency's offices and records peftaining to the use of the ESG Funds, and to Agency's officers, directors, agents, employees, contractors, subcontractors and vendors for the purpose of' such monitoring, 7.3.3 In addition to other provisions of this Contract regarding fi-equency of' monitoring, City reserves the right to perforni desk reviews or on-site nionitoring of Agency's compliance with the terms and conditions of this Contract. After each monitoring visit, City shall provide Agency with a written report oil" the monitor's findings, If the monitoring report notes deficiencies in Agency's performance, the report shall include requirements for the timely correction of said, deficiencies, by Agcncy. FSG PSA CONTRACT 2013-2014 --Tf IESALVATION I ARMY ............. ........ ... .......... -FaiILII-C by Agency to take the action specified In the n-lonitoring report III(,-,iy be cause Ibr Suspension or-ternlint.,ition of this Contract C-Is provided herein, 7. w4 Agency agrees to likewise monitor the etTectivelless, of' the services and work to be performed by its contractors, subcon trey ctor, and venclors. 7.3.5 This Section 7.3 shall survive the earlier termination or expiration of thi's Contnact. 7.4 A,gency Pt"oeut-enicnt Standards. Agency shall comply with all applicable federal, state and local laws, regulations, and ordinances I* r i-naking procurements under this Contract, Agency shall establish procurement, procedures to crisure that materials and services are obtained in a cost I �d under this Contract, Agency effective manner. When procuring services to be prov*de I shall cornply at a minimum with the procurement standards at 24 CFR Part 84.40 through 24 CFR Part 84,481. 7.5 Cost Principles/cost Reasonableness. Agency shall adrninister its use of ESG Funds in coillpliance with OMB Circular A-122� ''Cost Principies tor Non-Profit Organizations", as, amended from tfilie toy tinic. "File allowabitity of costs incurred for performance rendered shall be determined in accordance with OMB Circular A-122 as supplemented by the provisions of this Contract. 7.6 Acco,iiiit-iiig.S,t4,iit(.I,,ir(Is. Agency agrees to comply with OMB, Circular A-110, "Uniform Administrative Requirements for Grants and Agreements with Institutions of I-figher Education) Hospitals and other Non-Profit Organizat'Ions"', and agrees to adhere to the accounting princi,ples and procedures required therein, utilize adequate interTial controls, and iliaintain necessary supporting and back-up documentation fior all costs inCUrred. 4, 7.7 Uniform Adininisti-ative Requirements. Agency will comply with the Uniform Administrative Requirements set forth in 24 CFR Part 57. 02 or any reasonably equivalent procedures and i-equireilients that City may require. 7.8 Tei-ms A I le to Contractors ppficab _ Subconti-actors and Vendoi-s. Agency understands and aarc esthrat all terms of this Contract, whether regulatory or, otherwise, shall apply to any and all contractors, subcontractors and venders 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 111CItided in and ma.de a part of any contract or subcontract executed in the performance of its obligations hereunder including its regat-ding the ESG Regulations. Agency shall monitor the services and work performed by its contractors, subcontractors and vendors on a regular basis for coniptiance with the ESG Regulations and Contract provisions. Agency must cure all violations of the ESG Regtilations, committed by its contractors, st]tDcon(rac tot's or vendors. City rriaintains the right.to insist ES(-)' I)SA CONTRACT2013-2014 -THESSALVA#I HONARMY 9 on Agency's fUll compliance with the ternis of this Contract and the ESG Regulatiol-Is Land Agency is responsible foi, such con jance regardless of whether actions taken to l ,ipl" tblfiill the requirements of d-fis Contract are tal(en by Agency or by Agency's contractors,, subcontractors or vendors. Agency acknowledges that the proviso,ons of this Section shall survive the earlier tern or expiration of uY m this Contract. 7.9 lcophldf,�ht an(l 11,atent R Na reports, maps, or other documents produced in whole or in part under this Contract shall be the subject of an C-1pplication for copyright by, or on behalf of Agency. HUD arid City ha.11 possess all rights to invention or discovery, as well as rights in data, which may arise as, a result of Agency's performance under this Contract, 8. REC:0RD KEEPING; REPOR rrING AND DOC'UMENTA r riON REQUIREMENT,S; AUDIT. 8.1 Recoi-d Agency shall mairittaill <,! Ncol'd-keeping system as part of its performance of this Contract arid shall promptly provide City with copies of any document City deet'll's necessary for the effective fLiffillment of City's monitoring and evaluation responsibilities. Specifically, Agency will keel) or cause to be kept an accurate record of all actions taken and all funds spent, with supporting and back-up documentation. Agency Nvill maintain all records and documentation related to this Contract for 5, years after the Contract term ends. If any claim, litigation,, or audit is initiated before the expiration of the .5 year period, the relevant records and documentation must be retained until all such slain-s, litigation or audits have been resolved. For purposes of this Contract, this 5 year period for record retention is deerned to begin on October 1, 2014 and end on September 30, 2019 regardless of whether or not this Contract is earlier terini nated. 8.2 Access to Recot-ds. City and any duly authorized officials, of the Federal goverm-rrent will have full access to, and the right to emanitne, audit, copy, excerpt and/or transcribe any of Agency's records pertaining to all matters covered by this Contract for 5 years after the Conti-act term ends. Such access shall be during regular business hours, and upoll at least 48 hours prior. notice. For purposes of this Contract, this 5 year period for access to records is deemed to begin on October 1, 2014 and end on September 30, 2019 regardless of whether or not this Contract is earlier terminated. 8.3 Reports. Agency will submit to City all rep oils and (10CUmentation described in this.... Conti-act in such form as City may prescribe. Agency may also be required to submit a final perfort-nance an.d/or final financial report 'if required by City at the termination. oil" this Contract in such forni and Wittlill SLIch times as City may prescribe. Failure to submit to City any report, or do currientation described in this Contract shall be ail event of default of this Conti-act and City may exercise all of its remedies for default under this Contract., F,S G PSG N't`I_Z1 A T 201,3-201.4-THE SALVATION ARMY 8.4 Cllauge 11-eni ell ts and V01-111S, City retains the right to change reporting reqUirernents and fiornis ,ctt 'its discretion. I City Will notify Agency in writing at least 15 clays prior to the effective date of stick %1 .0 change, and th,e Parties, shall CXCCLIte N] ("Imendnient to the Contract reflecting such change if necessary. 8.5 Audit. 8.5.1 Entifie),s that,Expend $500,()00 or nw'r ed e in Fei-al Funds Per Year. Al l non-federal entities that expend $500,,000 or more in Federal funds within o'ne year, regardless Of the SOL11-Ce of the Federal award, 111LISt submit to City an an-nu al atidit prepared in accordance wit1i Specific reference to OMB, Circular A-13 3�. J'[ie audit shal I cover the Agency's fiscal years during which this Contract is in force. The audit must be prepared by an independent certified public accountant, be completed, within 6 months following the end off"the period being audited and be submitted to City within 30 days of ijo� "m r, its completion. Agency's Z-Walt cerictalimi Is attached liereto as Exhibit "C" — "Audit Cerfification Fot-m" and "Audit Requirements", The Audit Cei-tificati"on Form ni.tist be s,ubimitted to City prior to or wim, the first 1�cimbursernent Request. Entities that expe nd less than $500,000 a year in Federal "ands ,-ire exempt fi-oin Federal audit requirenients for that year, but records intist be available for review or audit by appropriate off'Icials ofthe Federal age iicy, City, and General Accounting Office., P 8.5.2 'City-ResQerves, tine Right to And t. City reserves the right to per or an audit of Agency's Pro rare operations and finances at any time (luring the term of this Contract and for 5 years after (he Contract 1,erm ends i f City deterniines that sucti atidit is Necessary for City's compliance with the ESG Regulations or other City policies. Agency agrees to allow access, to all pertincrit, materials as described herein for such aLidit. For purposes off, this Contract, this 5 year period fbr City aUdit is deemed to begin on Octo,ber 1, 2014 and end on September 30, 2019 regardless of whether or not t1-iis Contract is earlier terminated. If such audit reveals a questi-one pract' I ions must be resolved within 15 business c ice or expencl'ture, such quest' days after notice to Agency of stich 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 01-Z MISAPPROPRIATED ES,G FUNDS OR SPENT ESG FUNDS ON ANY INELIGIBLE ACTIVIr rIES, AGENCY AGREES TO REIMBURSE CITY "I"HE AMOUNT OF SUCH MONW-.S PLUS THE AMOUNT OF ANY SANCTIONS, PENALTY OR OTHER CHARGE LEVIED AGAINST crry BY HUD BECAUSE OF' SUCI-I ACTIONS. 9. RE I MB U RS EM ENT R F', IREMENTS. 9.1 Deadline foi- Submitting Reinibutsement Reg nests. Each P\-eirribursenient Request shall be received by the City on or before the 15"" day of the month following the niontli expenses were paid by Agency. For example, the I�elmbursement lZequest for June expenses must be receivcd by July 15. In the event the *SG PSA CONTRACI"201:3-2014 --THESALVAI]ON ARMY 1 "' fittls on a weekend or C'ity holiday, Rein ibUrSCIEC11t, Requests shall Inc due t1le next day that the City is open for business. FallUre to submit a Reiniburseinent, Request in a timely fash"lon will result in City taking the actions Outlined in Section 10.1. N 07"WITHSTAND ING ANY'nuNG ABOVE, EXPENSES FOR SE1'-)TEW3E.,R 2014 MUST BE RECEIVED BV SEPTEMBER 20, 2014. FAILURE TO SUBMI T, A FINAL REIMBURSEMENT R11'j'QUEST BY kS'EPT,1_44M8FR 20, 2014 WILL RESULT IN AUTOMATIC FORFEITURE OF PAYMENT OF THIE SEPTEMBER REIM13URSEMENT REQUEST. 9.2 Agency shall provide City with Complete Documentation and the f"flowin g reports as shown In Exhibit ",D" — Reimbursement Forms with each Reimbi.irsement Request., 9.2.1 Attachmcnt I —InvoiceO This report shall contain the arnount requested for reimbursement each month, the cumLilative reirribi.irsement requested to date, (inclusive of that niorith's, request), and must be signed by an authorized signatory of Agency. By signing Att"'e'lell In en t 1, Agency is certifying that the costs are valid, eligible, consistent with the ternis and conditions of this Contract, and the data contained in the report is trLIC "Ind correct. '11-tis report must be submitted even if Agency is reqUesting$0 for a particular month. 9.2.2 Attachment 11 —Expenditure Workshect. 1,114 is report shall, itemize each expense requested for reimbursement by Agency and shall include the Account corres responding the expense to a Budget line item '111 p I Attachinent 11. In order for this report to be complete the f"ollowing must,be submitted", 9.2.2.1 For payroll expenses, tin-iesheets sigtled by eniployees and approved by supervisor for all payroll expenses listed. Tiniesheets must distinguish between I G-funded time and non-E-4 SG' funded time and reflect actual time spent on ESG- funded activities. 9.2.2.2 For non-payroll expenses, invoices fbi- 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 bankijig documentatioll. 9.2.3 Atta-chinent III-'-Client Data Re This report shall, list each Unduplicated Client served cturing the month along with his or tier demographic information. T'he Chent ffiafiei Rcl)oj-t must. contain a list of 0111 clients served during the Contract period. In order for this report to, be complete [lie following rn.ust be submitted: ESG PSA CONTRACT2013-2.0 I 4 -TEM4,SAJ,,VA"1_'10N ARMY 12 9-2.3.1 Documentation of iticonie verification for each Unduplicated Client the first time lie or slie is served, whicil will eithe b t-je I I r C I Source DOCLInlelltc'ltion described in Section .1 or the completed form attc,iclied Hereto as ExIvibit "E"- Foi-in of' Income Self Certificati,0114 9.2.3.2 Agency may use the forris attached hereto as Exhl*bl*t "I"' — Staff ESG Cerfification Foi-ni to verify client eligibility as described in Section 6.1. 9.2.4 Match Repoi-t. 'rhis report shall docurnent actual expenditure of)-natch Rinds, as fi.irther described ill Section 5.5 9.2.5 I-IS Revort, Agency shall submit an HMIS report at least qUarterly to document Agency's participation In the local Continuum of Care's HMIS. 9.31 Withholding PAyment. CITY HAS NO OBLIGATION TO MAKE PAYMEN"I" ON ANY REIMBURSEMENT REQUEST TRAT IS NO 1' RECEIVED 13Y THE DUE DATE. Fallure to timely, submit Reim bui-sement Requests and Complete Docunientiatioll along wl'th any i-equired i-epofts s1 all be an event of default. 10. DEFAULT AND, TERM I NAJJ ON. 10.1 Falflui-e to Subtivit-Required Documentation 10.1.1 If Agency fails to submit a Relinbursement Request, or if the tli this submitted Rei mbUrsement Request is incomplete or otherwise not in compliance wi Contract or,ESG Regulations as determined by City in its sole discretion, Ao-ency shall be in defavilt 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 falls to cure the default within such time, Agency shall forfeit any payments otherwise due that month. 10-1,2 NOTWITHSTANDING Tim PROVISIONS OF SECTION 10.1,11 IF AGENCY FAILS TO SUBMIT TfIE REIMBURSEMENT REQUEST DUE SEpir 17EMBER 2 , 2014, OR IF THE SUBMITTED REIMBURSEMENT REQUEST FOR SEPTEMBER 20, 2014 IS LATE, INCOMPLETE OR 0 r 1"HERWISE NOT IN COMPIAANCE W11`11 TUIS CONTRACT OR ESG REGULATIONS AS DETERMINED BY CITY IN Irj,S SOLE DISCRErIjON, THERE WILL BE NO CURE" PERIOD AND ANY REIMBURSEMENT WILI.J BE ALJTOMATICALLY FORFEITED. F,,SG PSA CONTRAUF 2013-2014--T,HE SALVA"110N ARMY 13 10.1.3 It, the event of �,,in uncured def-ault under Section 10.1-I or (il) tnore than 2 inst"CInces of dcfault, cured 01- LUICUIVd, under such Sectioll, city reserves the right a I t its sole option to terniin.,ae this Contract efTective inimediately upon written notice of such intent with no penalty or liability to City. 101.1.4 Not wid"istanding anything to the contrary herein, City will not be required to pay any ESG Funds to Agency during the period that any 1Wnibursement Request, report or documentation is past due or is not in eon ipliance with this Contract or the ESG Regulations, 01. during any period during which Agency is in default of this Contract., 101 .5 In the event of' tern ninaton under, this Section 10.1, all ESG Funds awarded but unpaid to Agency pursuant to this Contract shall be immediately forfeite(l and Agency shall have no fur-thet,right to such funds. 1 O.2 Fa,1*1 ti r-e to Maintain Reeot-ds, o t- S u 1)mit Reports all(l Docunientation. If Agency fails to niaintain all records and documentation as required in Section 8, or if the maintained or a SUbniitted report or documentation is not in conipliance with this Contract or the ESCT Regulations as determined by City in its sole discretion, City will notify Agency in writing and Agency will have 30 calendar days from the date of the written request to obtain or recreate the missing records and documentation or submit or resubmit any such report or dOCLIMentation to City. If Agency Falls 'to maintain the i fails to submit or- resubmit any such report or required reports or docu mentcat i oil) Or 1, documentation, witl-iin such time, City shall have the right to terminate this Contract effective immedIately upon written notice of such intent with no penalty or liability to City. 10.2.1 In the event of termination -under this Section 10,21 all ESG Funds awarded but unpaid to Agency pursuant to this Contract sha,l] be immediately forfeited and Agency shall have no further right to such funds, and any ES O Funds paid to Agency must be repaid to City within 30 days of termination. If such ESG funds are not repaid to City within, the 30 day period, City shall exercise all legal remedies available under this Contract. 10.3 In General. Subject to Section 10.1, and unless specifically provided otherwise in this Contract, Agency shall be in default under this Contract if Agency breaches any term or condition of this Contract. In the event that such a, breach remains uncured after 30 calendar days following written notice by City (car such other notice period as may be specified herein) or, Ff Agency has diligently and continuously attempted to cure, following receipt of such written notice hit 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 (0 extend Agency's time to cure, (10 terminate this Contract effective lniniedi,,,itety upon written notice of such intent to Agency., or (iii) pursue any other legal remeclics avallable to City. ESG PSA CONTRACT'2013-20 14 --THE SALVATION ARMY 14 10.3.1 In the event ol' teri'ninc-16011 L111der this Section 10.3, all E I,'itinds anvarded but unpaid to Ageiley purswint to this Contract shall be inimedicately forfelted C 111d Agency shall h'1Ve 110 fUrthCr Fight 10 SUCIA fti,nds, and any ESG Funds already paid to �4 �U Agency must be repaid to City within 30 days of the tern)ination. If such I"SG f nds are not repaid to City within the 30 day period, City shall exercise all legal rernedies availabJC Under this Contract. 10A No Funds Disbursed while in Rreacb. Agency understands and agrees that, no ES G Funds will be paid to Agency until all defaults,are ctired, to City's sat ist"action, 10.5 No Con]Pensation After Date of Terminatioll, Agency shall not receive any conipellsarton, for work undertaken after the date of the termination. 10.6 R!"tylits of it Not Affected. Termination shall not affect or terminate any of the existing, rights of City against Agency, or which may thereafter accrue becaLise of Agency's default. Such termination does not tern iinate any provisions of this Coatract that have been expressly noted as SUrviving the terra or termination fthe Contract. 103 Waiver of Breach Not Waiver of Subseg,uent Breach., The waiver of a default or breach of any term, covenant, or condition of this Contract shall not operate as, a walver of any SUbsequent default or breach of the same or any other term, covenant or condition hereof. 10.8 C will Crinii,nal and A'Slininistrative Penalties. Failure to perforni all the Contrfact teri-ris may result in civil, criminal or administrative penalties, including, but not lignite to those set out in this Contract. 10.9 Te' rinination for C,,(1us(.,%.. 10.9.1 City may tertninate this Contract in the event of Agency's default, IN * I I inability, or failure to perform sub 01 ect to notice, grace and cure periods,is, in the event City terminates this Contract for cause, all f, SG Funds awarded but unpaid to Agency pursuant to this Contract shall be ii-nmediately 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, (lays of termination. Failure to repay such ESG Funds within 30 days will result in C]Ly exercising all legal remedies available to City under this Contract. A Gr EN CY ACKNOWLEDGES AND AGREES THAT IF CITY TERMINATES Tim CONTRACT FOR CAUSE, AGENCY OR ANY AFFILIA"rEs OF AGENCY SHALL NOT BE CONSIDEREiD FOR ANY OTHER CITY CONTRACT FOR ES(.)"f FUNDS FOR A MINI MIJ'M OF 5 YEARS FROM THE DAD OF "'rERMINATION. 10.9.2 Agency may terrain rte this Contract if City does not provide the ESG Funds subsuantially in accordaticc with this Contract, PS G P S A CON T R A CT 2 013-2 0 14---'ITIE SA 1,VA1171 ON A R MY 15 10.10 Termination r 1Allventel l CC. fn terminating in accordance with 24 C.F.R. 85.44 this Co tract may be ten-ninated in whole or in part only as -follows: 10-10.1 By City with the consent of Agency in which cfase the Parties shall agree upon the teri-ninatioll conditions, 'Including the effective date and III the case of partial termination, the portion to be terrninate r 1 10.10.2 BY the Agency upon written notification to City, setting the reasons for such termination, the effective date, and in the case of partial term-iination, 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 t1 Lt the ren lain ing portion of the Contract to 'be performed or ESG Funds to be spent will not accomphsh. the purposes for which the Contract was, made. t Oi,I I lAssollitioo of AgKn,Ey Term,inates C."onti-act. In the event Agency 'I's dissolved or ceases, to exist, this Contract shall terminate. In the event of termination under this Section, all ESG I"tends are sub* ,ject to repayntent and/or City may exercise all of its remedies under this Contract, 10.12 Reversion of Assets. In the event this Contract is terminated with Or WithOLIt caLlSe, all assets acquired Wide the ESG Funds inclUding cash, interest payments ftom loans or otherwise, all outstanding notes, tnortgages, or other security instruments, any accounts receivable :Nr� attributable to the use of the E4,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. REPAVMENT OF ESG FUNDSO All ESG Funds are subject to repayment in the event the Program does not meet the requirements as set out in this Contract or in the ESG Regulations. If Agency takes any action that results in the City being required to repay all or any portion of the WO ESG Funds to I-IUD, Agency agrees it will reimburse City for such repay,ment,., 11 Agency takes any action that results in City receiving a finding from HUI) about the Program, whether or of repayment of all or any portion of the E SG Funds 'i's required of City,Agency agrees it will pay City ,10% of the ESG Funds as liquidated damages. The Parties agree that City's damages in the event of either repayment to HUD being required or receiving a firiding from I-IUD 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 J,-IUD by City. Therefore, the Parties agree Mat payment under this Section of 10% of the ESG Funds by Agency to City is liquidated damages and not a penalty. ES'G PSA CONTRACT 2013-2014 -'1'1-1[ SAtNA,TI,ON,.ARMY 16 12, UJANGE', IN NON-PROFf"I" Sr f ATUS. If the non-profia stcatus of Agency changes of the date of this Contract, City rnay but is not obligated to, teri-ninate this Contract. Agency niust provide City with written notification of any changes to its non-profit status within 15 c ale ndcar days of being notified of the change, City has 30 c�Itendar d(ays to t-nake such d-eterniination, after recelpt of notice from Agency and failure to niake SUch determination wilt constittite 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 imi-nedicately I"orfeited and Agency F u 4 shall have no farther right to such funds. Any ESG nds Z-11re.,L[dy paid to Agency must be repaid to City within 30 calendar days of terniination. 13. SURVIVAL, Any provision of this Contract that peitains to auditing, nionitoring, client income eligibility, record keeping and reports, City ordinances, or applicable ES G 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 terin ends and shall be enforcecable by City against Agency. F"or purposes of this Contract, this 5 year period for survival of certain Contract provisions is deeined to begin or October 1, 2014 and end oil September 30, 20 19 regardless of whether or not this Contract is earlier terminated. 14. ("ENERAL PROVISIONS ..'T 14.1 Agency an Independent Contraetot% Agency shall operate hereunder as an independent contractor an([ not as all officer, agent, servant or employee of City. Agency shall have exclusive control oll", and the exclusive right to control, the details of the work and set-vices Performed hereunder, and (,AII persons performing same,, and shall be solely responsible for the acts and Omissions of its officers, members, agents, servants, employees, contractors, s,ubcontr actor s,, vendors, clients, licensees or invitees. 1 11 14.2 Doctrine of Responueat Sgperior. The doctrine of respondeat superior shall not apply as between City and Agency, o r its officers, members, agents, servants, employees, contractors, subcontractors, , vendors, clients, licensees or invitees, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Agency. City does not have the legal right to control the details of the tasks per f'ort-ned hereunder by Agency, its ofTicers, inernbers, agents, ernployees, contractors, subcontractors, vendors, clients, licensees or invitees. 14.3 Agency Propetl City shall under no circunistan.ces be responsible for any property belonging to Agency, or its offlicers, members, agents, einployees, contractors, subcontractors, venclors, clients, licensees or invitees that may be lost, stolen or destroyed or in any way darn aged and AGENCY 1­1EREBY INDEMNIFIES AND HOLDS HARMLESS C1 "T AND ITS OFFICERS, AGENTS, Al I) EMPLOYEES ROM ANY AND ESG PSA CONTR ACT 20113-2014 SALVA"T'JON ARMY 17 ALL CI,AUMLS' OR SUII-'s ji�,wrAININC TO OR C(..)NNECTED WITH SUCH, PROPERTY. 14.5 Le.!14yious Or ally-z'ation. No Portion of the ES G' Funds shall be used in support of any sectarian or religious activity. fn addilion, there must be no religious or membership criteria for clients ofcl , l SSG-funded service. 14.6 Ventle. Venue for any actioii, 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't"arrant County, 'I"exas. 14.7 Gover-11111p, 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 her in, for any issue not governed by 'Federal law, the choice of"law shall be the laws of the State of Tex-as, 14.8 sever-t-I 17he Provisions of this Contract are sever(able, and, 'if for any reason (a clause, sentence, paragraph or other part of this Contract shall be determined to be invalid by a 4 COL11 t or Federal or state agency, board or corni-nission having Jurisdiction over the subject i-matter thereof, such invalidity shall not affect other provisions which can be given. effect without the invalid provision. 14.9, Written Agreenient Entire Contract, This written instrument and the Exhibits) Attachments, and Addendurns attached hereto, which are incorporated by reference and made a part of this Contract for all purposes, constitute the entire agreement by 'the Parties hereto concerning, the work and services to be performed under this Contract. Any prior or contemporaneous oral or written agreement, which Purports to vary the terms of this Contract, shall be void. Any amendments to the terms of this Contract must be in writing and must be executed by cach Party to this Contract. *f M.10 Para ,graph Heam for Reference Only, No Legal S* Number and Gend.eir- The paragraph headings contained herein are for convenience in reference to this I Contract and, aie not intended to define or to limit the scope of any provision of this Contract. When context requil*es, singular nouns and pronouns include the plural and the masculine gender shall be deemed to include the feminine or neuter and the neuter ge rider to include the masculine and feminine. The words "Include" and "Including" whenever used herein shall be deemed to be followed by the words"without limitation ESG PSA CON"I"RACT2013-2014 -TTIE SALVATIONARMY a a V 14.11 C0111oliwice With All Applicable Laws and Ree taboo s. By signing this (-`ontrcact,, Agelicy certifies tli,at it complies with all appllcab,le laws and regulations that are currently in effect or that are hereafter amended during the performance of this Contract. Those laws include, but are not limited to.- ESG Regulations fOUnd in 24 CFR Part 576. SUbtitle B of Title IV of the the McKinney-Vento 1-lonle1ess Assistance Act, as aniend ed, (4 2 U S C 11,3 7 1. "I"itle "V1 of'the, Civil Right .ct of 1964 (42 U.S.C. Sections 20100d et seq. including provisions requiring recipients of tederal assistance to ensure meaningful access by person of limited English proficieniCy The Fair 'Houshig Act, "J"'Itle VIII of the Civil R1g1its Act of 1968 (42 U.S.C. Sections 3601 et seq.) Executive Orders 11063) 11,246 as arnended by 11375 and 12086 and as supplernented by Dep,,"irtinent ofLabor regulations 41 CFR, Part 610 The Age Discrimination in Employment Act of 1967 The Age Discrimination Act of 1975 (42 U.S.C. Sections 6101 et seq.) The Uniform Relocation Assistance and Real Property, Acquisition Policies Act of 1970 (42 U'. .C. Sections 4601 et se q. and 49 CFR Part 24) ("URA"') Section 504 of the Rehabilitation Act of 1973 (29U.S.C. Scctions 794 eq.) and 24 CFR 11'art 8 where applicable N''ation-al, Enviroliniental Policy Act of 1969, as aniended, 42 U.S.C. sections 4321 el seq. ("NEPA") and the related authorities listed 'in 24 CFR art 58, The Clean Air Act) as amended, (42 U.S.C. Sections 1251 et seq.) and the Clecan Water Act of 1977, as ,,imended (33 U.S.C. Sections 1.251 et seq.) and the related Executive Order 11738, In no event shall any aniount of the assistance provided under. this, Contract be titilized with respect to a facility that has given rise to a conviction, under the Clean Air Act or the Clean Water Act. In-imigration Reform and Control Act of 1986 (8 U.S.C. Sections 1 101 ef se,q.) s,pecifically includi;ng the provisions requiring en-iployer verifications of legal status of its employees The Americans with D'sab"fifies Act of 1990 (42 U.S.C. Sections 12101 el seq. , the Architectuncil Barriers, Act of 1968 as of fended (42 U.S.C. sectiolls, 4151 et Yeq.) and the Uniform 11 ederal Accessibility Standards, 24 CF'R Part 40, Appendix A Regulations at 24 CFR Part 87 related to lo �b�ying, including the requiren-lent tliat certifications and disclosures be obtained ftom all covered persons Drug I"ree Workplace Act of' 1988 (41 U.S.C. Sections 701 el seq.,) and 24 CI'R Part 23, Subpart F Exmltive Order 12549 and 24 CFR Part 5.1,05(c) pertaining to restrict,1011s Oil participation by ineligible, debarred or suspended persons or entities Section 6002 of the Solid Waste Disposal Act', as, amended by the Resource Conservation and Rccovery Act Guidelines of the Environmental Protection Agency at 40 CFR Part, 247 For contracts and subgrant, f'or construction or repair, Copeland "Anti- Kickback"act (18 U S.C. 8 ) as suppletyiented M. 29, CFR Part 5 ESG PSA CONTRACT'2013-2014 -'T[IE SALVAT[ON A I RMY 1 9 For construction contracts awarded by Agency in excess of $2,000, and in excess, of $2,500 for other c nti-acts which involve the employment of* mechanics or laborers,, Sections 103 C,md 107 of the Contract Work Hours and Safety Standarcts, Act (40 U.S.C. 327A 300) as supplemented by 29 C Part 5 Leztd-Bascd Paint Poisoning Prevention Act (42 U.Si.C. 4801 et seq.), as amended by the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851 et seq.) an implementing regulations at 24 CF'R Part 35, subparts A, B, M, and R Uniform Administration Reqi6rements, of 24 CF R Pail 85 14.t I HUD-Assisted P,ro" c ts an(I :gin lLlc.yment and other E'conounc tun-ot, fion 3 1� emcflts- Qpyor i jes- See j 14.11.1 'Reguirenvent thsat Law Be,Qmote d in Covered Contracts ertaill t 111 g, fous' I R irements Perttlill' to Section 3 of the F ind Urban C19M 111 Ly.1 Developinent Act of 1968 as Amended (1� U.S.C. Sections 1701 et segj and its Related Rejruh,ltions at 24 CSR Part 135. If the Program results in the creation ofnevt� employment, training, or contracting opportunities on a contractor or subcontractor level resulting fi-on'l the exp end ittire of the ESO Funds, Agency shall comply with the following and will ellSlire that its contractors also comply. If the work performed Linder this Contract is on a project assisted ender a ,TR *ding direct Federal financial assistance from, HUD, Section 3 of' 24 C program provi 1 1 1 135.3,8 ("Section 3") requires that the following clatise, shown in italics, be inserted in al 1 covered contracts, ("Section 3 Clause"): Section to he quoted, in covered contriacts begins., 4"A. The vi),ork to be perfbrmed under t his controct is subject to the requirements cif Seion 3' of ousing and Urban Development Act of 1968., as amended, 12 U.S.C. sec Won 1701u (Section 3):. The ptirpose Of Section 3 is to ensure that emj)1qvment and'other economic ()PPOrtun ities generated by H assisted or IRID-assisted pro grains covered by Section, 3, shall to the greatest extent as'ble, be d' ected to ft I ir low- and veu-low income persons,,particularly persons )ho (ire recipients o.1"HUD tssistance.for housing B'. The parties to this contract, agree, to comply with IRID regulations in 24 C14R Part 135t Which implement Section 3. As evidenced try their execution oj*1his contract, Me parties to this conlr,act cer't�fy that they are under no contractual or other impediment that vi),ould prei)enI them'1�om complying")it,h the Part 135 regulations. C'. The contractor agrees to send to each labor org(.*mization or re presenlative of vvorke,-rs �)ith ivhich it has a collecth e bargaining agreement or other understanding, if any,, a notice (idWsing the labor organization or vt)orket-,Y' t,e1,)I,eseiitaflves ofthe contractor's cominItinent.,s, under this Seclion 3 clause and i,)ifl Post copies of the notice in conspicuous places at t i�orksife svhere both en-iploYees and oly)licarils 20 F-,S(-]' 1ST CON"MACT"2013-2014----J'1AF',SALVAT1ON ARMY I .fi)t,-ti- citide,ii,71,) �) � silionsc(iiis the notice. Theno tic es-holl -ha -el '/h fllilfi/111.1111 nua?,ber mul "ob describe the ,�-`(-xlioi�i 3 1)reference, s 11�s jbt litle..� sul�ject to hil"e, availabilil qfcq�j)retitice atid the Y qual�ficationsjbr each; and the name, and location oj'lhe person(s) taking (,ipplicat,ions f6r each of the positions ind the anticipo,ted dule the ivot shall begin. D. The contrac,tor agrees that it v011 inelmle thi), Section 3 clatise it'l ever)� Mbconlract to comp�y ivith regulation iii 24 ('17-o"]? Part 135, and agrees to take apj)t,oj)r11a1e action, as roilium, in an (ij,'?plicable provis-ion P qf the subcontract or in this Section 3 clause, iq)on finding thal the 10 subconlractor is in violat' n qf1he regulations in I 24 CFR Petrl 13.5. The contractor will not subeonttacl with ony,subcontruclo t)here it has notice or knowledge that the subcontractor has n fiound in violation of regulations in 24 R135. 1E The contractor �vill cert that any vacant en1j,)l())1ment po..slhons, including li-aining positions that are filed- (1) ofier the contractor i*s se lected but be/bre the contreict is execute(l, (,-ttui (2) i#ith persons othel" than those to vMom the regulations o 2'4 CM? Port 135. )"he eontt-ocfor JI)ill not subcontract vi)ith any subcontractor whel,,e it &,Is notice or, knoivle(lge that the subcontructor has been lbund hi, violotloti of regulations in 24 ("I"FR 135. F Noncomplionc-e �Olh HUD's regulalion in 24 CFR Part 135 mciy reszill in sanctions, terait'nation ofthis contractfior defitult, cuid deburtnent or stulmns ion fi-o fit i,tr JUD assixted c,,Nontuts. G. Willi resj,'),ect to �i)ork pie,�fi)rnied in connection it,111h Sec-lion 3 is, )a 91 covered lhdlem housing, as.s* tanicie, se -ion 7(h) qf the n, ls� It Deferminotion andEditcan''on 21sisistance Ac,l (25 U.S.(11. section 450e) also I am7lies to the work to be pe�fbrtned under this (,,onlract. Sevaion 7(b) requires that to the greatest extent .1&isible (i) pre) ,fi?rence on.d oPportumlies for traitiing and employment shall be gil;efli to Indians, anti (�' eference in the and of ciontracty and subcontraels slm ill be gi ire n to, h7dian organizalions and In.diati-oilvined Econoinlic Enterprises. Porlies to this contract that are stibject to the provisions qf Section .3 and S'eclioni 79b) agree to coin i,lith S'ectuon 3 to the maxinmin exlentfi?asible, blut not in derogation of comlVionce ivith Section 7(b). Al Section to be quotetl in covered contracts ends. 01 At!,ency Res isibilitits for Sect lon 3 1.�equirernents, City and Agency understand and agree that coniplucti-ice with the provisions of S,ection 3, the regulations set forth in 24 C ,Part 135, and all applicable rules and orders of I-JUD slush be a coy Ion of the Federal, 1"inancial assistc-ince provided to the Program binding upon City and Agency, and their respective successors, assigns, contractors, a. SUbcontractoi-s. Failin-e to, fulfill these require nients sfiall subject Agency and, its, C011ft, Ctors, and subcontractors and their respective successors and assign s 'to those Sanctions specifited, by the grant cagree'l,nent through which Fedel-cal assistance is provided mid to such sanctions as :(,ue sp , I ecified by 24, CFR Piat-t 1351. Agency-s responsibilities include: ESG* PSA CON"I"R ACT 20'13-2014 JTIE SALVATION ARMY 21 14.11.2.1 finplenienting procedures to, not ity Section 3 residents and I business concerns cabout training, eniployment.1 an(] contractino opportunities generated by Section 3 covered assistailce; 14.11.2.2 Notifying potential contractors working on Section 3 covered projects of their responsibilities,, 14.11.2.3 Facilitating the traintng and employn-ieat of Section 3 residents and the award of contracts to Section 3 business concerns, 14.11.2.4 Assisting cand actively cooperating with the II ED Department in nicaking contractors and subcontractors coinply- 14.,11.2.5, Refraining trorn entering into contracts with contractors that are in violation oaf Section 3 regulations; 14.11.2.6 Documenting actions taken to comply with Section 31., and 14.11.2.7 Submitting Section 3 Annual Summary Reports (I'011111 I-IUD-60002 i in accordance with 24 CFR Part 135.90. t 4.11.3 S qfion 3 Repqrfiji g Req(I In order to comply with the Section 3 requirements, Agency must submit the forms attached hereto as ,Exhibit "J"' - Section 3 Reporting Forms. 14.11.3.1 Report to the City on a quarterly basis all rcipplic.,rmts for en-l-ployi-nent, and all applicants l employnient by contractors and any subcontractors. Tills shall include name, address, zip code, date of application, and statLIS (hired/'riot-hired) as of the date of the report. 14.11.3.2 Advertise available positions, to the public for open competition, and provide documentation to City with (lie quarterly report that demonstrates such open advellisernent, in the form of printout of Texas Workforce Commission posting, copy of newspaper advertisement, copy of flyers I and listing of locations where flyers were (fistribtited, and the like. 14.11.3.3 Report to the City on a qurarterly basis all contracts awarded by contractors and any subcontractors. This shell 'Include name of contractor and/or subcontractor, address_, zip code, and arnotint o,f award as of the date of the report. F','OSCI P 'ON`'1 -TAE SALVA'I"'JON ARMY 22 411 14.12 Prohibitio I n A 4 'nst Mserimination. 14.12.1 Gener,:,11 Statement. Agency, in the execution, performance or attempted performance of this Contract, shall comply witti all non-disc in-iination requirements of 24 CF'R Part 5 as modil"ied by 24 CF R 576,57(a) arid 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-, i-eligion, national origin, familial status, disability oil perceived disability, sexual orientation, gender identity, gender expression, or tratisgender, nor will Agency permit its Officers, inernbers, agents, employees, or clients to engage in such diseriminatJon. This Contract is made and entered Into with reference specifically to the ordinances codified at Chapter 17, Article Ill, Division 3, - Elvloyment Nactice,y of the City Code, and Agency hereby covenants and agrees that Agency, its officers, members, agents, employees and contractors, have fulty complied with all provisions of same and that no employee, or applicant for e.mployment has been discriminated against under the terns Of' SLICII ordinances, by cider or its off-icers, members,, agents, employees or contractors. 14.12.2 No Disci-I'minlition IIIE lo ent,durm-g,.the Performance of T1111"S Contract. During the perfoi-tiia rice of this Contract Agency agrees to the Iollowing provision, and Neill require float its contr(actors and subcontractors, also comply with such provision by including it in all contracts with its contractors.- [(I'Ontroclor or subs onti-6ictots nume] will not Unlawfully (liscriminate against any employee or applicants for employment because of race, color, sex, gender, religion, national origin, familial s,tatLIS, disability or perceived dis,abi ity, sexual orientation, gender identity, gender expression or transgender. Agency will take atffirmative 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 express on it transgender and that employees are treated, fairly during employment Without r,egard to their race, color, sex, gender, religion, national origin, familial status, disability or perceived disability, sexual orientation, gender identity, gender expression or transgender. Such action shall include, but not be limited to, the following.- employment, upgradiDg, demotion oil 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 cons) ICLIOUS places, available to employees and applicants for en-iployment, notices setting forth the provisions of this noadiscrimination clause. [Conti,octor ot, subcowr actor S nainel will, in all, solicitations or advertisernents, for employees placed by oil- on behalf of Agency, state that all qualified applicants will receive consideration for employrnerit without regard to race, color, sex, gender, religion, national origin, st.atus, disability or perceived disability, 'sexual orientation, E'SG FISA CONTRACT2013- 0 lei 23 gender identity, gentler expressioll or trans gerider. [Con li- lo i- or vubconit-ticloi- s namel covetiants that neither it nor, any of 'its offilcers, metnbers, agents, employees, or contractors, while engaged in performing this Contract, shall in connection with the employment, advancenicrit or discharge of employ es or in connection with the ter s, 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 qualicicatioll, retirement plan or statutory requirement. [Contrtwlor ot- stibcontroctot's iwme] further covenants that neither it tior its officers, members, agents, era plo yties, contractors, or persons acting on their behalf', shall sea solicitations or advertisements for eniployees to work on this Contract, a peel Y, in I maximm-ri age limit for such employment unless the specified maxii-nurn age limit is based upon a bona fide occupational qualit-icatioll., retirement plan or statutory requirement. 14.12.3 n,a,s Conti-actors and the ADA+ In actor lay ce with the provisions of the Americans, With Disabilities Act of 1990 ("ADA"), Agency warrants that it and any of its contractors will not unlawfully discrii-nincale on the basis of disability in the provision of services to the general public, nor in the availability, terms and/or conditions of employnient for applicarits, f'or employment with, or employees of Agency or any of' its contractors. AGENC WARRANTS IT WILL FULLY COMPI.,Y WITH ADA'S PROVISIONS AND ANY or rHER APPLICABLE FEDERAL, STATE AND LOCAI-., t,,jAWS CONCERNING DISABILITY AND WILL DEFEND, INDEMNIFY AND HOLD CITY HARMLESS AGAINST' AN CLAIMS OR ALLEGATIONS ASSERTED BY THIRD PARTiris OR CONTRACTORS AG'AINST CITY ARISING OUT OF AGENCY'S AND/OR Ir FS CONTRACTORS', AGEN"I'S' OR EMPLOYE"ES) ALLF44GED F AIL URF`4 TO COMPLY WITH 11JE-4 ABOVE-ICE FERE NCED LAWS CONCERNING DISABILITY DISCRIMINATION IN THE PERFORMANCE OF THIS CONTRACT, 14.13. Prohibition.Against Inter-est/CoPffict f Interest. 14.l3.1 Agency shall, �establish saflegucards to prohibit its employees, board members, advisors and agents ftom, using positions for a purpose that is or gives the appearance of being motivated private gain for thernselves, or others, c by a desire for particularly those with whom they have fanilly, business or other ties. Agency shall disclose to City any conflict of interest or potential conflict of interest described above, inini.ediately upon discovery of such. 14.13.2 No, persons who, are en,1ployees, ageilts, consultlants, officers or elceted officials or appointed officials of City or ol'Agency who exereiise or have exercised any functions or responsibilities with respect to activities assisted with ESG funds or who are in a position to participate in a decision-mak ing, process or gain inside information wit'l I regard to these activities may utilize El, G services, may obtain a financial tnterest, 01, EM PS CONTRACT"2013-2O 14-TTIF-SALVA'FIGN ARMY '2 Zf .............. ............. benefit from a ESG-assisted activity, or liave an interest in any contract, SUbcontract or agreenient with respect thereto, oi,- the proceeds thereunder, either for themselves or diose with whoni, they have at-nil '" or business ties, dUring their ten e Or f` 1- I year thereafter, unless they are accepted in accordance witli ffic procedures set R)rth at 24 CF R 576-57(d). 14.13.3 Agency al�.[Irms that it will ail here to the provisions of the I-exas Penal Code which prohibits bribery and gifts to public servants, 14.13.4 The coil flict of interest provisions of 24 C1 OR Part. 85.36 and 24 CFR Part 84,42, respectively, shal.1 apply in the pr,oC Lire,ment of' property and services by Agency. In all cases not governed by those sections, the provisions of 24 CFR 576.57(d) of the SSG Regulations shall apply. 14.14 Subcontracting.,with Snuall find Min,ority grins, Women's Business Ente rpt-iscs and Labor Surp],us Areas. 14.14.1 For procurement contracts larger tl-tan $50,000.00 Agency agrees to abide by City's policy to involve Minority Business, Enterprises and Snicall Business Enter ' I prises and to provide them equal opportunity to co mpete for contracts for construction, provision of prot"essiortal services, purcha.se ofequiprnent and supplies and provision of other services required by City. Agency agrees to incorporate the City's B Ordinance, and all amendments or successor policies or ordinances thereto, into all, contracts and subcontracts for procurement larger than $50,000.010 and will further require all persons or entities with which it so contracts to coniply with said ord inance. 14.14.2 It is national policy to award a fair share of contra: to disadvantaged business enterprises (DBEs), small business enterprises (SBEs), minority business enterprises (MBEs), and women's business enterprises (WBEs). Accordingly, affirmative steps must be taken to assure that DBEs, SBEs, MBEs, and WBEs are utilized when possible as sources of supplies, equiprnent, 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 respo ns 1 bi1j ties in regard to I`61lowing the law, nor frorn the consequences or penalties for Agency's,failure to -follow the law, if applicable. 14.16 Assi nment, Agency shall not assign all or any part of'its rights, privileges,, or duties Under this Contract without the prior written approval of Director. Any attempted assi.gnment of saine without approval shall be void, and shall constitute a breach of this Contract. 4.1 , Riaht to ins sect.Agency.Conti-acts. It is agreed that City has the right to 'Inspect and approvc in writing any proposed contracts between Agency and any contractor engaged in any activity ia conjunction with this ESG-ftinded Program prior to ,,L"Iny charges being inUlrred. E,SCj PSA CONTRACT 2013-2014--THE SAINATION ARMY 2__5 14.18 Force Majeure If Agency becollICS, Unable, either in whole or part, to fulfill its obligations Under this Contract dtic to acts of God, strikes, lockouts, or other industrial diStUrbances, acts of public enemies, wars, blockades, insurrections, riots, epidet-iiics, earthquakes, fires,, flood.s, restraints or prohibitions by any court, board, depatiment, 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 M,�je.ure Event"), the obligations so affected by stich Force Majeure t'l',vent will be suspendcd only during the continuance of such event. Agency will give City written notice of the existence., extent and 11c'ItUre of the Force Ma'jCUre 1--',,vent as soon as reeasonably possible after the occurrence ofthe event. Fail ire to give notice will result in the continuance of Agency's obligation regardless, of the extent of any existing Force, Mcqjcure Event. Agency Will Use cap-u-nercially reasonable efforts to remedy its inability to Perform as soon as possible. 15, INDEMNIFI CATION AND RELEASE. AGENCY COVENANTS AND AGREES TO INDEMNIFY, HOLD IIARMLESS AND DEFEND, AT ITS OWN EXPENSE, CITY AND ITS Sr l-,% OFFICERS, AGENTS, SERVANTS AND EMPLOYEES FROM AND AGAIN . ANY AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE ANDi/O 1Z 11 ERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETRER REAL Olz ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THE EXE.CUTION, 13E.4'RFORMANCE,, ATTEMPTED PERFORMANCE OR NONPERFORMANCE 01F THIS CON'rRACT 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 SUBCONTRAC rf,ORS 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 S'Ut"I"S FOR PROPER'FY 'LOSS OR DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH TO ANY AND ALLY CPERSONS, OF WHATSOEVER KINDS OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING CSI OF OR IN CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE OR NONPERFORMANCE OF THIS CON TRACT AND/OR 'THE OPERATIONS, ACTIVITIES AND SERVICES OF THE PROGRAM DESCRIBED HEREIN, WI EA OR NOT CAUSED IN W11OLE OR IN PAR r r 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 I)EASTRUCTION OF PROPERTY OF CITY, ARISING OUT OF C. I.I. IN CONNECTION WITH ALL A Crl,,S OR OMISSIONS OF AGt.4NC ', ITS OFFICERS, MEMBERS7 AGENTS, EMPLOYEES, CONTRAC"I"ORS, SUBCON'T RAC TORS, VENDORS, INVITEES, LICENSEES, OR CLIEN"IS, OR ESG PSA CONTRAC-F 2013-201,4--THE SAI,\/ATf(,)N ARMY 26 I CAUSED, IN WHOLE OR IN I'Awr, BY ALLEGEM NEGLIGENCE OF I OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS OF CITY. IT IS `111E EXPRESSINTENTION OF THE PARTIES, BOTH AGENCY AND CITY, THAT THE, INDEMNITY PROVIDED FOR THIS Sri ICTION INCLUDES INDEMNITY BY AGENCY TO INDEMNIFY AND PROTECT CITY FROM THE CONSEQUENCES OF CITY'S OWN NEGLIGENCE, WHETHER THAT NEGLIGENCE IS ALLEGED TO 13E THE SOLE OR CONCURRING CAUSE OF THE INJURY, DAMAGE OR DEATH. AGENCY AGREES TO AND SHALL RELEASE CITV7 ITS AGENTS, EMPLOYEES, OFFICERS AND LEGAL RE PRESENT. TIVES FROM ALL LIABILITY FOR INJURY, DEATH, DAMAGE OR LOSS TO PIII SONS OR PROPERTY SUSTAINED IN' CONNECTION WITIi OR INCIDENTAL TO PERFORMANCE UNDER TIJIS CONTRACT, EVEN IF THE INJURY, DEATH, DAMAG ' OR LOSS IS CAUSED BY CITY'S SOLE OR CONCURRENT NEGLIGENCE. AGENCY SHALL REQUIRE ALL OF IT'S CONTRACTORS, SUBCONTRACTORS AND VENDORS, TO INCLUDE IN THEIR CONTRACTS ANI) SUBCONTRACTS A RELEASE AND INDEMNITY IN FAVOR OF C117Y IN SUBSTANTIALLY TIME SAME FORM AS ABOVE, /1/6(. XVA4V91V0V/Y1Y1M1JNff TIUVIALLEVM1 40NOV114y P1 ek*111Vt1qry Ovit4vvy/qr/PIWM$0 fin o/(7qq W1,17SA/44WN Apf/qTrn7S/,Pf.z" y"'N, PY1414114*A111110 POSO Ail.Aill PN0(k1yjAtaq Aio 101100 /WW A,/to 4drmliadti 17., INSURANCE AND BONDING. As I ,ency will maintain coverage *n the form of insurance or bond in the amount of -from the fraud, theft or dishonesty of any of Agency's to insure against loss, officers, agents, trustees, directors or employees, The proceeds of such 'insurance or bond shall be used to reimburse City for any and all loss of ESG Funds occasioned by such such fideity coverage "In ge shall clude a misconduct. To effectuate such reimbursement, l v rider stating that reimbursement for any loss, or losses shall name the City as a Loss Payee. Agency shall f-u-mish 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 pollicies 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 ay,,, at its, option, M 1Q11N-A YY 27 ESG PSA CONTRACT2013-2014-TH' tcrniin,',ite the Col-i t nic 1. Such 1,11S'Lli"an ce shall cover all insurable risks incident to or in connection with t1le M(Altion, performance, attempted performaiwe or noiiperforrnance of this Contract. Agency shall maintain, or reqL)11-e its general contractor to maintain, the following coverage and limits thereot' /111 1 ,,* Commereiai �,,jeneral Liability (CGL) Insurcance $500,000 each occurrence $1,000,000 aggregate limit Non-profit Organ ization Li&� l $1,000,000 Each Occurrence $ 1, 0 , Annual Aggregate Limit Business Automobile Liability Insurance $ 1,000,000 each accident on a combined single-firalt basis, or $250,000 Property Damage $500,000 Bodily Injury per person per OCCUrrence $2,000,000 Aggregate 111stirance policy Simil tile eildorsed to cover "Art,y ALIto", defimed as mitos owtied, hired, atid tioti- owtied. Pend hig avaliltablility of the &above coverage axis at thie discrettioji of City, the policy shall be (lie pi-itnai•y responding insurance policy vel-Sus a Persona] auto instiratice policy if or when 'M the course of Ageticy's busi"LISS as coMracted het-eiiii. Workers' Corn-pensation IrIS'Llrance Part A: StatUtOry Linlits Part B: Employer's Liability $100,000 each accident $100,000 disease-cacti employee $500 1 it ,000 disease-policy I*m* Note: Such insurance shall cover employees ple,rforming work on any and all projects including but not lirnited to construction, demolition,, and rehabilitation. Agency or its contractors shall maintain coverages, if applicable. In the event the respective contractors do not maintain coverage, Agency shall maintain -the coverage on such contractor, if applicable, for each applicable contract. Additional Requireilients Such instirance amOUnts shall be revised tipward at City's reasonable option and no more frequently than once every 12 months, and Agency shall revise such arnMintS within 30 (lays -following notice to Contractor Of SUCh requirements. ESG PSA CONTRACT 2013-2014 2(8 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 po i c ies required herein shall be endorsed to 'Include City as an additional insured as its interest may appear., Additional insured parties shall include f employees,officers, agents, and volunteers o CO ity. The Workers Co per Insurance p,o,licy 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 requirements themselves. Insurers of Agency's insurance policiles, shall be licensed to do, business, in the state of Texas by the Department of Insurance or be otherwise eligible and auffiorized 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 minimurn 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 ap pro ved'by City. In the event there are any local, federal or other regulatory insurance or bonding requirements for the Program, and such requirements exceed those specified herein, the former shall prevail. Agency shall require its contractors to maintain applicable insurance coverages, limits, and other requirements as those specified herein; and Agency shall require its contractors to provide Agency with certificate(s) of insurance documenting such coverage. Also, Agency shall require its contractors to have City and Agency endorsed as additional insureds (as their interest may appear) on their respective insurance policies. DAN446144d OVUQW AAANAPOV4494�NM/W AO ONO AN OAY/Vq XOMP,0/111 N W i lohh�sl 1rffi&1d(YNief1, g uxlwyjaw (rill- '0� Z bf AMP/ilia AkfQW0111/dad)akyshid/Q(LA/Of 00/OV 1 41-Aiwi OLON 1qOYqrA9O/ObAy hidt&f h6f MY hU UMA�I hAf NY�idtj bUdeN AUY f4thidd1rkk"-A1 6f9ddrA1 tik-MeHl 29 ESGPSACONT SAC T2013-2014—T, The undersigned rel resentrrti e of Agency hereby certifies, to the lest of his or her knowle ge lrnd belief, that: No Federal appropriated funds have been paid or will, lie paid, by or on behalf of Agency,, to any person for influencing or attempting to employee of any agency, a member, of Cong ress, an officer or employee of" Congress in connection with the awarding of any Federal contract, the making of any -e eral grant, the making of any Federal loan the nteri g into of ally cooperative agreement and the extension, Continuation, renewal,, arrren nient, 01,. rilodifil cation of .ny F e enal contr"fret, grant, loan. or + doper .t e agreement. If any funds other than federally appropriated funds have been paid er,w ll be paid to any person for 'Influencing or attempting, to n luence an officer or employee of any agency, riaemb er of Congress in connection with this Federal, c ntract, grant, loan or cooperative agreement, Agency shall con,iplete and submit Standard Fore -LL , " lselosrrre Form to deport obbyln ," in accordance with its irastrr.retrons* This certification is a material representation of Fact upon h l was placed when this Contract was inade or entered into. Submission of' this eertlfeate is a pre"equlsiteg or entering into this Contract imposed 1 L "'S.C. Section 1352. Any person w1lo falls to .file the required eertl cation shill he sLibject to a civil penalty of not less than S10,000.00 and not more than 100,000"00 for each such failure. Agency shrill require that the language of this certification be Included in all SUbcc ntracts, or a reeme is involving the expenditure of 1.1'ed rat funds., 19. 1.111GATION AND Cl-jAIMSO Agency shall gr"ve Cr" y immediate noti"ce in writing ag any action, InClUding any proceeding e ore an administrative agency, filed against Agency in con rrnetiOn with this Contract or the Prograrin" 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 ripen filing under any bankrtipley or financial insolvency provision of law. 20. O' w"E. All notices re ui'r e l or permitted by this Contract must. be in writing and ire deemed delivered on the earlier date of the date actUally received or tile third day. ollowing deposit in a united States Postal Service post office orµ receptacle# with proper postage, certified malt r"etLrr.r I-eCeipt requested; and addressed to the other 11arty at the address set out below or at such other address as the receiving Party designates by proper per. notice to the sending Party. -City: City Attomey"s Of 1 fice 1000 Throcki-norton Street Fort Worth, TX 2 1 1 817-392-7600 Copy to Director of Housing Cand 1�.cononiic Developnient 1000 "I'lirockmorton, Street Fort Worth p FX 76102 Telephone- 817-392-7540 Copy to*- Development Project Coordinator—Housing and economic Development 1000 'J"hi-ocki-norton, Street For Worth, TX 76102 Telephone.- 817-392-6342 ,If* AgensL, TI",Ijl"�Ill""I"'�,�"SI n.,Arinyea G'eorgia Corporation Progr aiji,M an'eager aster _6- 7 103 017 7 1441834; 2l. AGENCY HAS LEGAI., AUTHORITY TO ENTER INTO CONTRACT, Agency represents tliat it possesses the legal authority, pursuant to any proper., appropriate and officlat motion, resolution or action passed or taken, to enter into this Contract and to perform the responsibilities herein required. 22. 'COUNTERPARTS. This Contract may be executed in multiple counterparts, each of which shall be considered an o-rigit"ial, but all of which shall constitute one 'Instrument which may be sti-friclei,itly evidenced by One COUnterpart. [SIGNATURES APPEAR ON NEXT PAGE] FSC', PSA C()NTI�ACT 2013-2014-T" SALVA"FION ARMY Mq Y i J r FITNESS EREO� , the Parties hereto have executed 4 duplicate flea Contract in Fort Worth, Tarrant Couiity, Texas To CITY OF FORT WORT .q 6 " .. y:w . Oty Secretary Fernando Costa, Assistant City Ma.1nag-.. Dater August 6,2013 APPROVE D ASTO FORM LEGALITY.- A Georgia Corporation will comply w"th all applicable y u 6 ;:. � " N in"+�w•m'^;�w "w�;�""�'� �ww,p.�+�,"'�l"e;�""�'{��^'w'."�'�""y�'9 tx.��,��,��'W�'we"�,. u h this Application and Agreement. ��� �w� J �'aG 7 a _'�+�rM1'p�„+�.�� �w+va'�0 w✓'W+� °, "�m���h� t 6�l.00.t� low�.ry i m W ;. M1 art p STATE F TEXAS COUNTY F ARRAN This instrument was acknowledged before me on Fernando Cl s ,a, Assistant City Manager of the qty Fort Worth, on behalf'the Cif of Fort Worth. EVONIA DANIELS ri ,µ cjary Put, State of Texas otary Publ , Sate of Texas my cor rrission Expires w r l 10, 2017 STATE 1F T�OiAS '' !A COUNTY OF Mk4KM<T § C Th s tr en was acknowledged before e. on rj � 2013 by -lie(F V"N xUI' N �4 N �»a N'4;” � { M ,N'� b �� "%. P �X�r✓F, corporation, '+k��n behalf of id corporation. Notary Public, State o /jr.0 tit 1B Ul AP aeu +.. APRIL ��z OFFICIAL 2014 CITY SECRETARY A �� E FAMFI�OT -2 EXHIBITS: Exhibit "A"' — Prognam Summary Exhibit"A-l" —2013 IJUD Income Ujimits Exhibit"A-2" —Environnient;il Mitigation Action Exhibit"13"'—Budget Exhibit"C"I—Audit Certification For Exhibit "D" — Reim bursement Forms Exhibit"E" —Form of Income Self-Certificittioll Exhibit "F"—,Standards for Complete 4octimentlatioll Exhibit "G"—ESG Performance Standards E xhibit'114" —Match Report Exhibit "I" —ESG Staff Certillelftion Form Exhibit "J" - Section 3, Reporting Forms L'SO PSA CONTR ACT 2013-2014 SALVATION ARMY Sialvation Army EXH1111"I"' A flolne ,Sweet floine ( 1oni ss es ,i'evenfim-i) PROGI _AM SUMMARY 'PROG"R A- M,SUMMAIDY Eiliergency Sol'u(ions Grant (ESG') October 1,2013 to Septembet',30, 2014 43J,36.00 PERIOD AMOUNT 0 11 Will 11 ,I)ROGRAM0, The program will provide era se I)i-evention and finaticial assistance to ESG--e11'g1b,1e 11'esidents of Fort Worth. Prograin sell't-CeS Include fitlancial as.sistanice for ren'ta.1 assistance (s,liort-mid inedinni-terin), rent arrears,and security deposit. Note-, 0is y Fort Worth residents are eligible to receive financial assiSt"i'llice, I'lludej- E'SG. ESG, may only be used for finkinclial assistance a address loc-ated within the C of or Worth o. Main program office and sery ice s'will be av:11lable 13t 1,8155 Last Lancaster, Fort Worth,TIX, 716103. REGU'LATORY CLASSIFICATION.: Set-vice Category If more than one category,,specify 1121'nouilt for each)* ESG Homelessness, Prevention Coinpoiient Regulatory Citafiion(s).# 24 CFR 576.103 I?or homeless prevention financial assistance activities, Agency will nitunt4mil documentation that 100% off` ellients, served are honleless, oir at tisk of I'lomeliessness AND 1001% of client households have annual income at oi- below 30% of Area Mediati hicome (A MI) as l 1 11 ing and Urban Development established or defined by the Unitied States Department of -to S JWD)* PROGRAM GOALS: Provide services to approximately 30 Households EXI-11BI"I"A-ESG: SALNATION ARMY ExHIBIT 44A.V 2013 HUD INCOMfj LIMITS 4 2013 Median. Family Income– Fort Worth/Ai-Iii, lon Fx* I Person 2 Pensoris 3 Persons 4 Persons 5 Persons 6 PersonsE 7 Persons 8 Persons' 30�% AM $1,3)850 $15>800 $17po $191750 $21 350 $22t950 $24500 $26 100 50% AMf $23050 $261,350 $,291650 $32900 $35,550 1 $38,200 $4Q,8001 $4314510, 80% $361900 $427._].��_ $47,1400 $5� 650 $56-196-0--"' $6:1 lj_qQ] $05300 $69,500 *Inconie limits are estftlbli she d and published at least annually by HUDIP f7i X,1111 ill' "A.211 ENVIRONMENTAL MITI(,,,,"Arl"'I ON ACr rj,ON NONE REQUIRED rrr, r % pi/,a✓'r�/I `OiM Gb f ,1 mi/,,..,JP/,/ ,:>rr ;; ;n aur.:..r✓ ror w;�; „,r„", , r ! 1. r�, r �I e ✓ Y r..,., 9 ' f. r ,,,.�,, ,,, „ e r, Gi 9 x ✓,, � r i e. rr:,v; ...✓r ) ,.,, er,✓.. ,r ,,i f G ✓..r r"'„ „ r r, ,,r'i, l v, rr1, „_, ✓ H M1, r✓ l r �> � r ",. ✓ M ..;, x / r, I ,r A'w ✓ ,r� r ,;w , ,, ,.. r :r�.a 1 f r � r r.,,, r ✓.r sr r r r ?� I„ r r ✓ w D � xt / �N .:,✓;'� /, r ,r -„� r r, ..: w+«ry f ri. x ,Ill, ,,,,�y �, :,, � ;,,",., Y /. ,.v, r.✓.. h,. .�;,. ,r. x ,r.. ,.,r r, nwwa:: I ,. �{vvpµµ J r..,,..� ,,.:.�r..r ,,...x. .rr r✓-.,, ,, ,%.r.. r ;,:, e, r,..,r r ,. ✓. x. r.. ,,. ,. , r.. f ,, ,.. .✓.r raw„.,.... 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J,r ",.f(,r°.G'Jd��'wW'�'kn,..v �H��I I�,� r, 11"a11; 1rrsrrtrrllr 40111 1 Ref hAlsill ,02 SUBTOTAL- rM.. s," ..i. x. „,) r„::r ,,.✓x .1 r, n > i. � A. ,, ,.; , r , 1. ,.. , ✓ e h r ✓r r x�” J f✓, H � > I � / !� I✓ h .,r r Sri x , ✓�M 1 t r. � / -, n ,� � V I i r ✓ � r� ...r. ..; ,:..�, ., ..a u r ,G. x:rr ,, ✓I, f -.'>, �' ,.W,.r r`..f f ,,:Y;rx re I, 'r r.. H ,,,,. r 4 w,., r, , a u J... M r ,,r r! v: I , ,o rY r,r r , .. r/✓I N r. ,ry',r T r ,. �, ,..� ,r... „„ ,. , :.i� r. ,-v� 2 ./ ,�! r.. ,/, :,fir. ,:✓,,. Y , ,.,b. .,,,., Ir.,.F...., r ,. I .,,�,,, ,. r✓r k I .rr. r.. a., ,, ✓ ,.. b. I ,. h,r, ,/,....,Nf, /. ,.. l.. f ;:.l.,. r.., .w'".. r r..., ./.,., ,m�+a ,,.. R. a ,. ,l..,,G 1 5 ,,.. ' x ,r r r. r„,✓ rr ✓ !N, x � ,. ;., err✓, � ..,., ,r r,rrN ..r ,.%.,r,� ,r. I r! ,r.,.,r” r„ k ..,, H „r„ ✓rr '�: ., .r..,�. "",,.a.. },w, .,, I . %r �N✓f,9f;�w/'ab'r„r.:fYk„�., +G;�r�G,r 1/ru ,:,,4; -,. ,a„.m' ,,,9�,rrw,G �kf,"c 1'", r, n.0 w u rN�✓,,,r/I l' r ,;..r:w,;,a� r;,,,, ��; �,,, ..�° 'lr,i ✓br �,1.r. Sao w�r �,8 „r,.,»�, FUNDINGA:GENERAL DONATIONS FUNDING 13, FIJNDING C, EXHIBIT13 ESG': SALVATION ARMY The foltowing tables, (11-C pul-01Y illf0l-111-clti011ali mid Were crc�flcd solely for purposes of'prep'(11-mg, an(I dCLCI-Milling the reasonableness of-'the overall H11C itO l bUdget on the First page of'this 1--iX111BIT B -I'3 U DG T.-'T an d are not to be considered pt,irt of tile terms and con(litions of'[his Coliti-,c�t. Collti-Ilctol. ,C) may make ch(miges to any COILIM11 eXCCI)t the "Positioll" column in the "SC,118ry Detail" table Wi(1100t the City'S C011SCIlt SO long as the total am.ourits charged to the grant do, not exceed the line it ll,is on the fjr-st page of' the EX I-111311' B – BUDGET." Changes to the colullitl labeled"Position"may only be made with the prior written Consent orthe City. SALARY D1,1,7AIL Positloll Cost`Fypc(Admill 01' Rate Annual Hours Percellt to Amount to Housing G rn tit Grant Relocation/Stabilization Servicc�)_ N/A N/A FRINGE DETAIL Pet cejlt Of Pa Yroll Amount Percent to Grant Amount to Grant FICA N/A Life-Insurance N/A Health Insurance N/A ulleniployrrient N/A Workers Compensatioll N/A FIG—ti r e t n e n t N/A SUPPLIES AND SFRVICES Tota I B udget Purcent to Grant Am.ount to Grant 01TICe SLIJ)Plies N/A 01`fitS!LERLijprat Rental N/A N/A Prin N/A M I S C E L 1,A N E OU S Toqi (.3rant AITIOL111t.to Grant Conference&Seniinars N/A Cotis,truction/Buildiiig Materials, N/A Contract Labor A Craft Su.plies N/A Credit Reports NIA 'F chit 17 s N/A Fielq]:H p Costs N/A Food S ),plies N/A Mileage N/A Teaching Aids N/A FXHIBIT 13 --1-`.SG: SALVATION ARMY 2 I'IACII,I'FY AND U"I"i L I'll I ES Total BUd"'It Percent to Grant Anioum to Grant Telephone" N/A Electric 'NA G as N/A W.a,ter(and Wastewater N/A Solid Waste Osal N/A Refit N/A Custodial Services N/A Repairs N/A —Cleanjn,g_�,S N/A LL,,',GAL,, FTNANCIAL AND INSURANCL!', 'rotal BLiduet flercent,to Grant Amount to Grant 11"idelity Bond (or Equivalot N/A Geiieral Commercial Liability N/A Directors and Officers N/A Legal 'Ces N/A Contract ACCOLlpting_ N/A FINANCIAL ASSISTANCE Total try get Percent to Grant Amount to Grant— Rapid Re-140� Homelessness Prevention $5 3,113 6.3 5 1 81% $4311 136,.00 HMIS --Total Budg�t Percent toGrant Amount to Grant Rapid Re-Ho usin, Homelessness Prevelition EXHIBIT B -.,,ESG- SALVATtON ARMY 3 EAHIBI"I" "Cil 's Audit Cel"tification Forin [See attached] -)N FORM AND AUDVJ- RE'QUIUMENTS AUDIT CER"I"IfICATI( Agency: Narne of.,Agency Fiscal Yeai-Ending: SeWembei-.30,2014 E] DLII'it'lg tll,C fiscal year in which funds will be received, we will exceed the federal expenditi-Ire threshold of$500,000. We Will have 01,11- Single Audit or Progri-Ini Specific Audit completed and Will submit the A-133 audit report within seven (7), nio,iiths after the end of the audited fiscat ye(tir or thirty (3I 0) days within its cornpletioii,whichever is the earlier date. During the fiscal year in Which funds will be received, we will not exceed th.e $5 ,000 federal expenditure threshold required t` r a, Single Audit oIr a Prograrn Specific edit to be performed this fiscal year. (Fill out schedide below) A IN ",............��,✓zoy,ES,,..e.I' II :.'f..,fi? ) n x... .. � , «7� �.. �. �, ,.n ,.,.M��... ....... W ,.h.,.'N`r ,... / ....JI.. „ x.,4k„1. l� i �W r,,.,. � r a,y i �. w�N. �..� .I ,.,,C.�,r,,. :- fng /4i D ,r. 'h✓ r�. � � r r r ,�,. r. Total Federal Ex 11ditul-es, for t1lis,Fiscal Yem-,,, Signatoi-y and Title Date I'allure to subti'l,i,t this or a similar statement or failure to submit a conipletied single audit pact ;aoe as described in the federally required audit requirements. described in OMB Circulars A-133 by the required due date may result In suspens*on of funding and may affect eligibility for future funding. Notwithstanding the above, this cei-tification acknowledges the agency's commitment to net all othel- financial I-epol-ting, finills cial statements, and other audit i-equirements as may be set fol-th in the Contract. Exhibit "-D" - Reimburseniemt Forais [See attached] Attachn,ient 1 INVOICE Agency, Address City, State, Zip, 4 Program Period of Service., e",e Agency's Certification., I certity that the costs incurred are valid and consistent with the tern-is and conditions of the contract between 0 'a IN teat City and Agency. By signing this invoice 1. certity to, the best. -f my knowledge and befief te dataincluded 'in leis report is true 0; and accurate. It 'is acknowledged that the provision of false inf'ormation could leave the certif ig ofti,ciat subject to the y n Signature and Date, 0 Name,. T 00, itle: eh:ttaaclaaaac'art 11. Cia,y of Forl Worth 110413ing and Ecosioulic l)e~Ia•ela)lrment Wimrinictit F%ptadifort,Worksheet rar I1ito ,14 tb`al l,Y'Mt�i;),l w 1 .fa as raa Isaac�rraaa IiWce atrcaaaaMat ctaal v� i' ( r' ,...,Y x „ ,✓., .�...;F.r 4. ,l r !, 'F np�:i. n ., ,:.., � ,: 1 �i x,:,. ,.,. „::....::. � ,.� yr ,.:.✓ ..u.. v ;... ,.,.. r,..�.. v.,,n, � +.u,: ,.rvr*.w l•r r", w:- :.ri:. .�... ✓ � v N,is :.r n, !" �, Id.'Yo- J,: ri xr s ,a ,..i a� K.., $. 1 w } nn:N✓':.. ✓ x a. rYl.,,,li`.,,..?. 1 d: r✓r ,, a ,n. � ,.,..I .,. ,, Y. � ., n, l': />h i r Y. 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Ltl E x In"l)i t "E Form of Income Self Certificatioll [See attached] ............. GERl"IFICA"I"JON Of" INCOME, SIATEMENT C'Urren't Address- Ptione 4'.. HOUSel'101d Meti'ibers and Income (Including A licant) .......... ....... .......... ............ 1..,pis t Name First,Nanie Age, Montlily Source/ iii ployei-Nam,e Incon-ie )Fw5'0N AL : FORMA'riON:(Check One ill each item. Optiollal IrIl'ornitation t,Z)r Federal Ref)orting 11"urposes) a. E:1 MALL b, [I WHIT"T, D BLACK/AFRICAN AMERICAN FILAC,K/AFRICAN AMI,"IJOCAN&WI-IfTF0 .1 D IFEMAI'I� El AMERICAN INDIAN/ALASKAN NXHV[�, ASIAN AMERICAN INDJ ANA L,ASKAN N'ATIV'E&'WI 11"IT, ASIAN& WHI I I ANCI'/0'H-1EIz E] lm X11 Tlli-f� PACH"ICISLANDER E:1 1.3 A I AMERICAN INDIAWALASKAN NKFIVE' &I3LA(X/AFIU('AN AMERICAN c. 11, 14NICH"Y d. Dli.SA,B[.r,,D ie. IS('IAENJ'W0MFN 1-11"O A 1")01"1 10USE-I 1011 Di []NON-1-1181 1 IC E]NO L No *'TOTAL NLJ?v1BE:R 01' HOUSEI-101,I) (hiclude Yoursell'AND everyone who MEMISEI.S lIives ill the house.) "Yoti,311 Anticipated A1111Ual Household Income: Certi fii ca ti on I certify that tlie inforixiation I am providing 'is true and cook i be sub,-ject to verificafionkit any time by a third party. I also acknowledge that the provision of fialse iii fornication could leave me sut�ject to the penalties of 1-4, �'i "'edei-CJ, State and local law. WARNING.- TITLE 18,,SLCTION 1001 01� l'*-f[E'U.S.,("J'OD l�-,S,'VA'UL,"STI-IATA PERSON 1S()`r'1)1L'1*Y0FAFELONV FOR KNOWINGLY AND W11,,jLINGLY MAKING FALSE OR FRAUDULENT STATEMEN11"S 1**0 ANY DEPARTMENT OF ,n,mi UNr'rr�,i)SrrA'Mi's GOVERNMENT, Sign,ature of Applicant Date .............. For ties by ftinding agency,-. Houseliold Size, Annual 111come: hicoille, Limit: Is Applicaiit L",'figible.- Person Making Deterniination: ..........-1)ate ............. F'j'R' "FTF1CA,C10N DE DtA'A-jA-ItACIONDE INGRESOS Nombre cle l Solicitan'te- Donaicitio Actual' Ni"Inicro cleTele"Cono - Miembros en el ]4og-(*'--I,r e Ins j,,Yi*esos inclul'17 cl/la, solicitante) Apellido Nombre Fciad Ingreso Fuente de Ingresos/N'oinbre de1'.mp1e,-1.Kior ..................... -------------- ............ ............. ................ ............. ...... ............................... I NIF I�M, )N PF'-.'RSQNAI..:(S&C60111e,L1110 ell cadt'l categoirica. Informaci6n opciontal para prop6sitos de inforimiciem Federal) L:�L AQ!L a. 0MASCULINO b. [] CAU CAS IC0 [:] Nl'(,'JR,Oii%,FR'[('.ANOAM -RICA NO, NEGRO/AFRICANO,AMER11CANO&CAUCASIC10 FE O IN11,C),AK414'R ICA NO/NA'.IV O DE AL.ASKA 0:�ASIA TIC O R`0&CAtICASICO! E] INDIO AMERICANO/NKFIVO DE" .ASK &CAUCASIC0 ASIA] ONA'f'IVOI,�JAWAIANIO/(')'I'�01)1-' LAS ISL,ASI')'ACtF'I(I,AS [JBALANC11./()TR0 -RJ(`ANO [:], I ND10 ANCRICANO Nxnvo DF A[ASKA NEGROAFRICAN(")AM)-, - c., F.TNICIDAD d. DISCAPACITAL),01 MWER, YCABbCF. I-11SPANO 7SI El s I, Ll NO-HISPANO L"No Ll NO, ,J 'TO TOTAL Dfi WEMBROSI EN El,I IOGAR (111CIll S1 IlliS1110 y(I t0d0S 10S tiLle Viv l ell ]a casa) Ingresio toltal del hogar anual anticipado- Certificacio'll'. Certifico qUe la infor m acion qUe p1'.(.')p(')1-c,iono es verdad y poi(irt"a see Slisceptible a la corriprol.niclorl 1 cualcluiel" r tlempo poi terecros. Yo tambien reconono que la provislo'n de info rmacio'n, falsa nic podri'a dejar sujcto a lais, penalidades Federales, Estatates y loccales. #' f I s 4, 4. r'-.E,UU. QUE UNA P'ERSON'A Et.."i ADVERTEINCIA, TIT 18, SEC'CIO:N 1001 DEL CODIGO DF CULPABLE DE UN DELITO POR SA13ER N' VOLUM"If ARIAMENTIE HACER DECLARACIONES FALSAS 01 FRAUDULENTAS A, CUALQUIER DEPARTAMENTO DEL GO RNO, STAD01JN1.DF4,jNSE. Firma del Solicitante Feclica ........... Paura el uso de l,a agencia, fi naticiando.: # De Miembros en el Houar- Ingicso Anuat- Limite de Ingreso. ............. J,'s-el Persona hacten(lo la detorminacio"ll: ....... . ......... -v, nxhibit "F" - St#rinclards for Complete Documentatioll [See attached]: 2013-2014 Documentation Standards for Public Service Contract Expenses .............. "R"'A14, ­'Mv'�Ak"'N I IN Win SalAries X X It an employee work3 solely with,Contract eiliglible clients and solely on Contract oligible,items,than the employee's entire salary Is eligible for reimbursomaint,Twice in each calendar year,the client must submit a written statement verifying that Ilia above condilions,are stilltrue,The statement must also be signed be a person aulhorizod to sign on behalf olf thill 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 Cil�y will only reirniburse for a:reasonable poffion of the einployce'3 sa�ary.Each reimbursement request must inclode not only the ernployce's firnesheel,wt also a work log breaking out the employee's tirtie by project or activity. For erniployeels paid with inulliple(unding sources.firooshoets i-Tvist reflect all funding sources, It separate timeshoots are kepil for cacti fundingi source.all such timeshools must be submitted to City� 11if employees are paid by direct doposil rathor than check,then the agency must subi both V'ic direct dep,931f payment company'zi report(such a3 an ADT repoo()and iii bank slatentent of check ShOVAng Payment to the direct deposit company, ............... IFICA)Madicare If the City pays gross sallairy,this is already included l(the City pays the employer portion,then I I I he employer must s how,a calculation and docuinientaliori of how the invoiced amount was calculated and lindude documentation showing eaymenl, Life Insurance If the City pays gross salary,[his Is already included-If we pay the employer portion,then the employer must shovill,a calculation and o(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 gross salary,this Is alro lady includad�If we pay the ainployet Portion,than,the employer must show a calculation and documentation of how the invoicisid amount was calculated,must include ain invoice from the insurer',ano musl include documentation shoyAng payment, ................ Disability Insurance if the City pays gross salary,this is already included,If we pay the employer porlion,(hen the employer inust show a calcOation and documentation ilof how the invoiced arnount was caie�flaled,fivist include ani isivoice from the insurer,and must include documentation showing payment, Unemployment 11 the City pays 0(oss,salary,this is already included.If we pay the amployeif portion,then the employer must show a calculation a,nd documentation insurance of how the iAV'O,iCOd amount was calculatiod,and must include documentation showing payment Retirement c'Olculabon and documentation of how 11 we pay gross salary,this is already included It we pay the,employer portion,then the enilployeir most show a the invoiced amount was calculateo,irriust mind include docultnenialion,showirig payment,andprior to the first reirnbursemont,must include the �Inel_pofiqy benelits _�oqard 2 retirement Accoun(irvi X �X X If an audit is required o"use federal(kinds exceed$500,0 0,then the cost should!be splileventy by all federal:kindino sources, Expenses office supelies X X X Ciffice Equipment X X X 'Rental Postage X X X bie agency should maintain Inf®rmation regarding inailouI3 If the agency has a Pill Bowes machine or like postage machine,the records of that machine,must be on file,Likewise.it mail is categorized by payrnent source,then those records,rinust bo on file,For lar�a mailouls,the agancy should keop a 22py o�lha letter and a list o(alt addrossees, Prin ling X X X Construction X X wis category Is only avoilable(or REACH 010 Sport and X X X Recreation Equipment Cleanii)S_Sup X X X Teaching Aid x X Craft S92001 X X X Food Supplies X X Ill J 11 1 lill W, Tra "YM Field Trip X Ix In add4ion to admission expenses.food expenses will also be allowed so long as thoagency has a mitten policy stating that food and driniks are Admission rotil�ine purchases on all field trips,not Ill Conlract-fundod fieldirips, Expenses 16 1, till I I E 119 114"ER, TeleEhol X X Ga!l X X Water/Waslewaler X X Electric IX lix I I Solid Waste X Dtsposal Facility X X X Maintenance and Custodial Services X It serv�ices are providil r a contrel qcy will provide contract instead of invoices. Re-nil, X Jill 111 _1�o tract Labor X I X I JX In3urance RaquirW 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 fari and the porlion to oe:(esnibursed by the Ciily�This fee scheclule is reqvired prior to the first payment.We also require the income eligiblily of each household so that voe can diaterinlino it we are being changed in clonforniance with tho fee scheduW If'the fee schedule changes at any,time dulr�ng the cont(acl year,the agency mustnotify City and provide a now schedule wilhin,30 days of the changol, *Proof of payment effective October 1,2013: Payinerits or Expenses muist be documenled in the fo:llo,wing mannoc A)Image of the chock AND bAnk slateniall showing the check clill the bank,OR, B)Image of the canceillod check(ex,At end o(bank staternent),OR, C)Payroll"Advace"or Statement AND Bank S1,ilofnent indicating payfoU,Oft, D)For svi(e ot e.Irrinsfer s Recsopi or frorn paye�Dlveln dor OR bank slalement 1"'].'X1711B1T "("Y" — ES,G PEI'ZFORMANCE STANDAMYS .. .. ........... *V kill I E,nie S iflons Grant Pet-formance Standards 17 7,' M '7751 I'A'Alk 70'*' Street OLltreach Nuitiber of persons: Placed In sheltel-,or mfic havens With more non-cash beriefits at program exit Receiving case management ............ F".mergency Shelter Nunibei-of pei-sons, Exl'ting to teiiii)oi",ttry/ti*ansitioiiaI housing destinations Exiting to per,nial'ient housing destinatiDins Receiving cas(-',- aici,nagenient s-lonielessiless Number of pet-son I rev e 'or 31 months n t ma iori Who intained t heir perm arie n t s g houin f - E I I -mallent housing,dest"n"It' x"fing to pet I c lolls - With higher incorric at program exit - 1 -�e non-cash benefits at prograni exit With ni0i ........... Recei� I'Zapid Re-1-ToLISIng Numbei-of persons. *d their perm-nent housing 'I"Or 3 months Who maintzime cl, Exiting to perni,-;uient housing destinations, With h*ghei into ine at prograrn exit With more non-caslii benefits, Zat prograni exit e inina' g,,enient Receiy��as In order to successfully record performance outcornes, the (-­"off cyst i requi'l-es that one a household is enrolled in an ESG pr(I)g1ir-aull, non-donlestic violence, agencies, must complete an inith'al FlUD Intake Assessment wit1iin the HMtS systern (E'FO), the HUD <1 �orrriance -o --m. Pert Mid-Program Assessment, and the 1,1t.JI) F,xit Assessmet"It UpOn pi gi 4 outcomes will be reported to the City using the MIS generated I"SG reports. .Domestic Violence Organizations will provide the same data utilizing their si'Milar data system's. Reassessments are required for prograin participants receiving homelessness prevention assistance and rapid re-housing assistance. Participants receiving homeless prevention must be reassessed monthly; rapid re-housing participants must be reassessed at least quarterly. All pai.-ticipants must receive (,in exit assessment and enter trout 'HMIS or a comparable-level database. ExIijbit 4W Match Report [See attached] (-,�'JTY OFFORT WORTH 110()S,IN(-,r' AND ECONOMIC D EVE L013M ENT'DEPARTMENT EMErZGENCY SOLUTfONS GRANT This attachment is designed to (iocunient proposed sources ancl to assess compliance witl-i 1 4 the required Emergency Shelter Grant (ESG) match portion at 24 CFR 576.51. FIS6 and are matched dollar-for-dollar for e(,wli program year allocation, City of Fort Worth E,SG Fund,s Agency ESG Match t, SOURCES OF 1-jOCAL MATCH., her Fedet-al (including pass-throtigh ftinds, e.g., City CDBG, County FE MA, etc.) MATCH'SO'URC'E MATCH AMOUNT TOTAL MA"t"(.111 $ 2. STATE/L CAL, GOVERNMENT F'tJND11NGv.-1 (c.g,State Housing Trtist Fun s, Local Assessment, etc•) MATcn' SOURCE MATCH AMOt,JN"I .......... TOTAL MATCH $ 3. PRIVATI�, (ineltiding rcclpient)! FUNDING: MATCH SOURCE MATCH$1 AMOUNT Fund Raising/Cash Building Value. or Lease Dore Goods S Donated Computers New Staff Balmries Volunteers ($5/hr) Volunteer Mled�icall/Legall TOTAL,MATCH . ......... C01111,11elits: ........... CERTIFICATION.- The undersigned,hereby,gives assurance that to the best of my Imowledge and belief,the data lincluded in this,report is true and'occurate,and If su bin itted by a non-profi t agency,has been approved by the goverifl ng body of the organization prior to subinission.The inatch funds identified In this report are not included I j I as contribution for any other federally assisted project or progrant as required by 24 CIr'R 84.23(a)(2) Date-, Stibmitted by: Phone Numben Stall'ESG Certification Form [See attached] 'Ity of Fort Worth STAFF CERTIFICATION OF' ELIIGIBILITY FOR ESG: FINANCIAL ASSISTANCE 1118trilctions: III Order for 'City to approve reillibursement 1*or any cherit)agency I'liust sublllilt. (1)Chem (loci]11lel itat I oil cif incoll-le 01, sel f-certificatioji);(2)documentatioll of 110111clessness;(3)copy of lease.- iind(4)this coillpleted jlorm. (I)-(4)11111st be submitted opon iiiitial reimbi,irseiriciit request for assn tai for each clicia AND upon agericy recluest for rei,mbm-serneril for the 40'month of reiit.liar 11 CliCilt(eXCILI(lillg al'i-Cill-S). 1. General Informatioll, .......... .............. Head of Household Name: Age: Names Of0thei-Household Met,iibci-s-ll Age: Age: ....................... Age.- ............ Age: Age.- Household Income is less thaii 30% AMI? Yes No Client Lacks Resources/Support Networks? Y es loo "rype(s)of ESG Financial Assistmice.- Rent Rent At-rears El utilit'y El Deposit(s)El Uiflt Address(must be in City of Fort Worth)` 2. Other ESG Re guirements Lease in tagency 1111 C Yes L] No[:1 Client retches NO other rental subsidy(Iie. Housing Cho lice Voucher)? Yes El N:o L1 Rental Assistance Agi-eement between an lot- and agency ill Agency file., Yes ❑ No Unit Ntjmbet„of Bedraw Mils: Fair M-arket Rent(FM R)& Rent Reasonabletiess: Area FMR Limit((-is published by 11LJD): Unit Rent per lease: ............ 'Unit meets Habitability Standards'? Yes 0� No El Date of hispectioll", 3. Lead-Safe Housing,. Applicable when(1)providing 1-"SG rental assistaricc for more flum 3 montlis excluding arrears'.(2)pre-1978 housing unit,AND(3)child onder 6 In hoLischold. Not Applicatile Number of Months Rental As,sistance Provided(excludhig,arrears): Year Housing Utiit Built: Visual hispection indicates Unit and Property Free of Deteriorated Pa t° Yes 0, No F .......... Name of Visual, Assessor*: Tor named',agency must have Oil file a certificate ol'comipletion ol'i IUD's Vistial Assessment COLITW Required certi arc atims- F'.ach person sigoing below certifies to tile 1,611owing: (1), To the best of my knowledge, tile prograin participant named above meets all reqoireinerats to receive assistance,mider the Emergency Solutims(Irant(ESG),(2)'I"o 111e,best of'my knowledge and ability,all turtle e information used in rtikikiiig this cligibility deternifillatioil is true and complete. (31) 1 ain not related to the prograirl participant through family, btisiness or other personal ties. (4)To the best o-I'my knowledg, neither I nor anyone related to nic has received or will receive any financial benefit for this, eligibility (:Ietermination. (5) 1 understandthat frilLid' is jilvcstigatee by the Department on.-Iotising mid Urban Developinent,Office of Inspector General,and may be I)Lmished kinder Federal laws to include,but not limited lo, 18 U.S,C� 1001 and 18 t1. 641 (6) 1 understand that if A-111y of these cortifilcotions is 1*6tind to be false, I will be subject to crimin,al,civil and administrative penalties and sanctiolls, ESG Staff Signature-,, ...... Date-, ESG Sit pervisor Signature-. D a t c. EX HIBIT I flit t SECrj,jON 3 REl,olZrl,,ING FORMS [See attached] I-­4.'XHIB'F`F "`Yl Section 3 Summary Re�port US Department of USing OMB Approval No* 2529-0043 Economic Opportunities for and Urban Development (exp. 11/30/2010) Low—and Very Low-In corne Persons Office of Fair Housing ...... And Equal,Opportunity FIILID f"IOW Offi col, Section back of,Page for Public Reporting Burden statement 1,Recipient��-Mo&Address: street,city�stale,zip) 2 Federal Identification, (grant no.) 3, Total Amount of ard- 4, Phone, (Include,area code) ton th of Grant, 7 Reporting Period 8.Date Reporl Submitted: 9.program Code, (Use separate sera. 10. Program Name, for each program code) Part 1: Employment and 112kjj,n g Columns,E3,C and F are mandatory fields. Include Nlew Hires in E&D . -1 —.- A B C D E F Number of Number of New %of Aggregate Number %of'Total Staff I-Iours Number of Section 3 Job Category New Hires 111(us that are of Staff Hours of New Hiros (or Section 3 Employees Trainees Sec, 3 Residents that are Sec.3 Rosidonts and Trainees -7-77- r0fo Technicians, -777j77,7 Construction by Trade(List) Trade Tr de, Trade 71" 7 n. Trade 7 "Oth6r 'Js 77" 77 7777--7 'Ie 10, -.1 �7 .... ........ .............. Program Codes 3, Public/Indian Housing 4 f iomeloss Assuslance 8=CDBG Slaw Administered I�z Flexible Subsidy A=Development, 5=HOME 9=Other CD Programs 2 Section 202/811 B=Operafion 6=HOME State Administered' 10=Other Housing Programs C=Modernization 7=CDBG Enlitlemen( T I Page 1 of 2 foan HUD 60002(6/2001) Rot 24 CFR 13,51 Part ll- Contracts, warded 1 Con tra.action C01148cts, A. Total dollar amount of all contracts awarded on the project Total dollar amount of contracts awarded to Section 3 businesses C, Percentage of the total dollar amount that was awarded to Section 3 businesses D. Total'number of Section 3 businesses receiving contracts . Non-Construction Contracts: A Total dollar amount all non-construction contracts awarded on the projecUactiviry B. Total dollar amount of non-construction contracts awarded to Section 3,businesses $ G, 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 III: 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 l�ow-and very lower-income persons,particularly those who are recipients of government assistance for housing (Check all that apply.) Attempted to recruit lour-income residents thirough, 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 nonrmetropolitan county)in which the Section 3 covered program or project is located',or similar methods. Participate in a HUD program or other program which pros-notes the training or ermployrrwent of Section 3 residents. Participated in a.HUD program or other prograrm 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 Fours 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 age�ncy may not collect this information,and you are not required to complete this foam, unless it d'ispl'ays a currently valid OMB number. Section 3 of the Housing and Urban Development Act of 1968,as amended, 12,,U.S.C, 170,1 u,mandates that the Department ensures that employment and other econonnic opportunities generated by its housing and cormrnunity development assistance programs are directed toward lows and very-lows income persons,particularly those w,ho are recipients of government assistance housing. The regulations are found at 24 C p Part 135. The information will be used by the Department to monitor prograrn recipients'compliance with Section 3,to assess the results of than 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 databa se 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 1 992. An assurance of confidentiality is not appNicabl'e to this form The Privacy Act of 1974 and OMB Circular A-1 08 are not applicable. The reporting requirements do not contain sensitive questions. Data is cumulative, personal identifying information is not included.. "age 2 of 2, form HUD 6Do �11120 1 o) Ref 24 cnR 1,35 Form HUD-60002,Section 3 Sunimary Report,Econoniic Opportunities,for Low-and Very Low-Income Persons, Instructions: This form is to be used to report annual 8 Prograrn Code'. Enter the appropriate prograrn code as listed at accomplishments regarding employment and other economic the bottorn of the,pa i e opportunities provided to iovi and very low-incorne persons under 9. Program Name: Enter the name of 1-f LID Program corresponding Section 3 of the Housing and Urban Development Act of 19681, The with the"Program Code"in nUMbef 8. Section 3 reguilations apply to any public and Indian housing programs that receive, (1)development assistance pursuant to Part I- Employment aiid Training Opportunities Section 5 of the U',S,Housing Act of 1937,(2,)operating assistance Column A: Contains various job categories, 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 reciplents of housing and community development programmers), For construction positions,list each trade and provide assistance in excess of$200,000 explended for (1)houssing data in colunins 6 through F for each trade,where persons were rehabilitation(including reduction and abatement of lead-based paint employed. The category of"Other includes,occupations such as hazards);(2)housing constfuction;or(3�)other public construction service workers. projects;and to contracts and subcontracts in excess of$100,000 Column B: (Mandatory Field), Enter the nurnber 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-60002 has three parts,which are to be completed for this award, New hire,refers to a person who is not on the contractor's all programs covered by,Section 3. Part I relat'es to eirnployinent or recipient's payroll for employment at the time of selection for the and training.The recipient has the option to determine numerical Seictio,n,3 covered award or at the time of receipt of Section 3 covered employment/training goals either on the basis of the number of hours assistance, worked by new hires(columns B,0,E and F), Part 11 of the form, Colunin C* (Mandatory Fleld) Enter the number of Section 3 new relates to contracting,and Pad III summarizes recipients'efforts to hires for each categ�ory 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 lo Section 3 requirements must resident who is not on,the contractor's or recipient's 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 persons,.* 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, (Section 3 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 ass,istance 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 pail-time and full-time sarne 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 Fleld)� Enter the number of Section 3 submitted by January 10 and,if the project ends before December 3 1, residents that were trained in connection with this award, within 10 days of project completion. Only Prime Recipients are Part ll� Contract Opportunities, required to report to HUD. The,report must Include Block 1: Construction Contracts, accomplishments of all recipients and their Section 3 covored Item X Enter the total dollar arnount of afl conitiracts awarded on the contractors and subcontractors. project/program. H U D Field Off ice: Enter the F ield Office na me Itern B: Enter the total dollar amount of contracts connected with this 1 Recipient: Enter the name and'address of the recipient project/pirogram that were awarded to Section,3 businesses, submitting this,report. Iteni C: Enter the percentage of the total dollar amount of contracts 2� Federal Identification- Enter the number that appears on the connected with thiis project/prograrn awarded to Section 3 businesses, award form(with clashes). The award may be a grant, Item D,: Enter the number of Section 3 businesses receiving awards, cooperative agreement or contract, Block 2: Non-Construction Contracts 3, Dollar Amount of Award.- Enter the dollar amount,rounded to the Item A: Enter the total dollar arnount of all contracts awarded or)the nearest dollar,received by the,recipient. project/program. 4&5. Contact Person/Phone. Enter the name and telephone number Item,B: Enter the total dollar arnount 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 Period, Indicate the time period(months and ye�ar) connected w,ith this,project/program awarded to Section 3 businesses this report covers, Item D.- Enter the number of Section 3 businesses receiving awards, 7 Date Report Submitted- Enter the appropriate date. Part III: Summary of Efforts—Self-explanatory Subinit one(1)copy of this report to the HUD Headquarters Office.of Fair Housing and Equa:l Opportunity,at the same tim�e the The Secretary may establish income ceilings higher or lower than 8�O pie,rcent performance report is submitted to the program office. The Section 3 of the median for the area on the basis of the Secretary's findings such that report is submitted by January 101. Include only contracts executed variations are necessary because of prevailing levels of construction costs during the period specifi:ed In item S. PHAs/IH:As are to,report all or unusually high-or low-income families. Very low-income persons mean cc ntractsils ubicon tracts. low-income families(including single persorii whose incomes do not exceed 50 percent of the median:family income area,as,determined by the The terms"low-income persons"and very low-incorne persons"have Secretary with adjustments or smaller and larger families,except that the the same meaning�s given the terms in section 3(b),(2)of the United Secretary may eslabiish income ceilings higher or lower than 50 percent of States Housing Act of 1937 Low-incomo persons mean famillies the median for the area on the basis of the Secretary's findings that such flincluding single persons)whose incomes do not exceed 80 pleirce,nit of variations,are necessary because of unusual'ly high or low family incomes the:median Income for the area,as determined by the Secretary,with adjustments for smaller and larger families,except that P.age lotm HUD 60002(1112010) Rof 24 CYR 135 M&C Review 0 i0al site of the City of w Fort Worth,, ur,itil Agen, FORTWdRTH/ iii% r %, 4", o„ ., / �1131 i /,, oil is ; o / i -,,. i �i. „/... Id fII�VIIIiIV0000N IIIIIINIVIVIIIVIVIVIVIIIIIIIIIIIOIIIIIIOIOIOVIIOIIIIIIIIIIIIIIOIIIIIIIIOIIIDOMIOOIIOIOIIOOIIOV IIIIVVVVUUUVVIg00 JUUDUIVUV1ViUNIN IDIV M IVpll OUNCIL ACTION-t Aafteftrove-2 on 8'06/201,02' 10'4'rdlitance,No. 42g`854oft C PRO AN W11*20 1114 CONTINUED FROM A PREVIOUS WEEK SATE: 7/2312013 REFERENCE NO.: C-26369' LOG NAME: 1 7 HUDACTP NPY13-14 CODE: C TYPE: N PUBLIC YES SUBJECT Conduct Public bearings and Approve the City's 20132018 Consolidated Plan and 2013-2014 c i i P'lan for the Use of Federal Grant Punch in the Amount of$9,413,143.00 from the United States Department of Housing and Urban Development for Program Year 2013-2014 from the Community Development Bloch Grant, H01ME Investment Partnerships Program,, Emergency Solutions Grant and Housing Opportunities for Persona with AIDS Grant Programs,Authorize Collection and Use of Program Income,,Authorize Waiver of Application of Indirect Cost Pates,Authorize Execution of Related Contracts and Interdepartmental Letters of Agreement and Adopt Appropriation Ordinance(ALL COUNCIL DISTRICTS) i ui�u �uouuuuuuuuiooioiouoiou000000iuooiiomuu! m�uuu i o iuiuiuuuu0000uuuuuuuiouuuuuuuuiuuuuuiuu ioio i It is recommended that the City Couincil#. 1. Conduct a public hearing to allow citizen input and consideration of the City's 2013-2018 Consolidated Planp 2. Approve the City 11s 20113-2018,Consolidated Plan for submission to the United States Department of Housing and Urban Development,; 3. Conduct a public hearing to allow citizen input and consideration of the City's 20113-20114 Action Plan for use of federal grant funds from the United States Department of Dousing and Urban Development in the amount olf$9,413,1143,.00 for Program Year 201 3-2014 from the Community evelopment,Block Grant, HOME Investment Partners,hi,ps,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 elopment 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'Cor r uni`y 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 Homebu er Assistance Program 7. Authorize the City Tanager or his designee to execute contracts and Interdepartmental Letters of Agreement for a one year terra with the agencies listed bellow in Tables 11 2 and for Program Year 2013-2014 for Community Development Block Grant, Emergency,Solutions Grant and Housing Opportunities for Persons with AIDS grant funds,contingent upon receipt of fundling-, 81. Authorize the City Manager or,his designee to extend the contracts and Interdepartmental Letters of Agreement for ulp�to one year if an agency or department requests an extension and such extension is necessary for completion of the program; 9. Authorize the City Manager or his designee to amend the contracts and Interdepartmental Letters of Agreement ilf'necessary to achieve program goals, prodded any amendment is withlin the scope of the program and in compliance with City policies and all,applicable lama's and regulations governing the use of federal grant funds 10. Authorize a,,waiver for indirect coat rates as applicable for the Grants Fund, in accordance with the City's Administrative Regulations;and, h :,// p'p . fwnet.org c nc l p e " i� revie .asp ID=18629& u c Id n e=8/6/2013 I of 1/18/2 11:5'4:461 M&C Review 11., Adopt the attached appropriation ord'inance increasing the estimated receipts and appropriations to the,Grants Fund in the total amount of$9,4131,143.00(the amount of$6,079,622.00 in Community Development Block Giran�t funds,the amount of$1,996,541.00 in HOME Investment Partnerships Program f'unds, 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 prolgrami iinicolme, all subject to receipt of such funds. DISCUSSION: The City receives ain annual allocation of federal grant funds from the United States,Department of Housing and Urban Development(HUD) for the Community Development Block Grant(CDBG), HOME Investment Partnerships Program,(HOME), Emergency Solutions Grant(ESG) and Housing Opportunities for People with AIDS(HOPWA)grant programs. In order to continue to receive these funds,the City must,submit a,Consolidated Plan (ConPlan)every three to five years and an Annual Action Plan. The 2013-2018 ConPlan summarizes housing and community development needs,particularly those of low-income persons or households and provides,the goals,objectives and strategies,to address HUD's goals for decent housing!,su�iltable living:env,ironment and expanded economic opportunities. The ConPla,n will cover the,period from October 1,2,013 to September 30,2018. The ConPlan consists of two parts,.- (i)the five year Strategic Plan(October 1'1 2013 to September 30;2018)and(ii)the Annual Action Plan,, i which includes hous,ing and community development activities and proposed'expenditures for the upcom�ing Program Year. The plan for the first year of the ConPlan is listed below. The City's Annual Action,Plan is a comprehensive summary of the major housing and community development activities, programs and proposed expenditures,for the use,oif$9,413,143.00 of'federal grant funds from HUD from CDBG, HOME, ES,G aind HO,PWA grant programs for the Program Year beginning October 1,20113 and ending September 30,2014. This yelar's,Action Plan also summarizes the use of progr,a�mi income resulting from activities usi�ng prior years CDBG and HOME,funds. The,purpose of these grant funds is to primarily benefit low and moderate income City residents,with ESG funds primarily benefiting homeless personis and HOPIWA,funds primarily benefiting persons with HIVAIDS. A noitice was published'in the Fort Worth Star-Tel'egLam on June 21, 2013,regarding the 301-day public comment period for the City's proposed ConPlan and Annual Action Plan. The public comment period was held from June 2,3, 20113 to Jlul!y 23,2013. Any comments wi�li 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 h,earinigs for the HUD-required citizen participation process. The second public hearings will be held August 6,2013 at which time the City Council is scheduled to approve the ConPla,n and the Action Plan. The ConPlan and Action Plan must be submitted to HUD by August 16,2013. In addition,public heanngs,were held on June 20, 20,13 at 10.-00,a.m.and'6-.00 p.m.for citizens to provide comment on the proposed list of neighborhood streets,eligible for reconstruction using CDBG funds, The Transportation and Public Works Department p�repaired a list of priority streets in C DBG-eli igi bile areas. The streets selected for reconstruction were based on the cornments provided at the public hearings. A list of the streets is,attached and will'be included in the Act,ion Plan. Staff de�vellop�ed recommendations for the allocation of the estimated fundingfrom HUD and presented them to the Community Development Council (CDC)on May 22,20131 and to,the,Housing and,Economic Development Committee on June 41 20,13. A summary of the CDC's funding,recommendations,is provided below in Tables 1,12 and 3 and a spreadsheet of all specific funding recommendations is attached. For Program Year 20113-2014, it is recommended that the amount of$61,0179�,6122.010 in CDBG funds and the estimated amount of$50,000.00 ofCDBG program income be allocated as follows:, PubIllic Servi"ces, - $9111943.00 This item includes social services for,low to moderate income,disabled and disadvantaged' populations. Housimng Programs and Services -1 $2,149,119�3-50 This item'includes funding,for the City's,Priority Repair Program, Cowtown Brush-Up, homebuyer and housing services and acces,sibil�liity modifications to the homes of senior and/or disabled individuals,and related project dell iverycosts for these programs. http://apps.cfvvnet.oirg/council_packet/mc—review.asp?ID=18629&coluncildate=8/6/2013(2 of 6)[11/18/2013 11:54:46 AM] M&C'Review Demol'ition and Infrastructure Serv"ices - $190669211w30 This item includes fund'ing for neighborhood streets reconstruction and demolition of residential structures to eliminate slum and blight in City neighborhoods. CDBG Economic Development - $7369349im8O This item,is the City's annual payment on its Section 108 loan from HUD. CDBG Estlomated Program Income - $509000.00 The CDC recommended allocating any CDBG program income for the demolition of residential structures to eliminate slum and blight in City neighborhoods. CDOG General Adm1n1stration - $112159924,40 This item includes costs for administering!,the C grant including allocations for Financial Management Services, Internal Audit and Planning and Development Departments. For' rogram Year,2,013-20114, it is recolmmend:ed that the amount of$,1,996,541.0O in HOME funds and the estimated amount of$250,000.00 of HOME program income to be allocated as follows: Homebuyer Assistance Program - $1,0979405.75 This item includes funding to provide down payment and/or closing,cost assistance to low and moderate income hofinebu ers. Community Development Hous'l*ng Organizati"ous, (CHI + , Set As'l"dei - $2999481SI5 HUD requires that a minimum of 15 percent of HOME funds be allocated to CH for affordable housing projects,and CHDO!administrative operating costs. These funds will:be used for the Hillside Morningside Single Family Infill Project by the Tarrant County Housing Partnership CH O. Multi-fami'lly Development - $400�,0100.00 Funding will be used for the Angle Apartments Development(Development). The Development will, result in approximately 3,06 units and 680 on-site parking spaces. This Development will address a need for quality affordable housing by providing 100 percent income restricted units to Fort Worth families at or below 80 percent of Area Median Income., The approximate address will be 3900 Angle Avenue, Fort Worth,Texas 716106, Council District 2. HOME General Adm*161"stration - $1999 54.10 This item includes costs for administering the HOME grant. Staff a nti c,i pates the receipt of program income in the 2013-2014 Program Year from activities using HOME funds. Any future program, income will be used for the City"s Homebulyer As,s,isitance Program(HAP)after the 10 percent allocation, excluding recapture,for HOME General Administration. For Program Year 2013-2014, it is recommended that the amount of$911,655.00 in HOPWA funds be allocated as follows-, No -Profit Service, ProvIders, - $884930,51,35 HOPWA Program Adm'l"n"Istrat'lon - $27,349-65 For Program Year 2013-2014, it is recommended that the amount of$425,325.00 in ES G funds be allocated as follows: Nora-Profit Serv-11ce Provi"ders, - $393,425.62 ESG Program Adminlostratl"on - $319899m38 The CDC and Staff recommend that contracts be executed with the agencies listed below in-the amounts shown in the following tables,: Comm unit y Development Bloch Grant.a http:�//apps.cfwnet.oirg/council_ me revii ew.asp l?'ID=186 councildate= /6`/'2013(3 of 6)[11/18/2013 11:54:46 AM] M&C Review imwmi ................................. ­0............I............................................................................................................. ------------- Table I - CDBGI Agencies ................ Organization Prograim Amount Cenikor;Foundation [Substance Abuse Treatment $ 82,075-00 ............ Childcare Associates Childcare Associates $ 35,335.00 Oul�t of School Time Clayton Child Care. Inc.d/b/a Clayton YES,!!, $ 821,32116.�010 ......................................... -—----------------........... ........... Day Resource Center for the Homeless Counseling/Shel�ter Based Case $1 43119081-010 Management Girls Inc.of Tarrant County Girls Inc. Norths,ide Fort Worth $ 821075-00 Lena Pope Home! Inc. Second Opportunity�for Success $1 821 1326-00 .......... Meals,on Wh�ee,ls,, Inc.of Tarrant founty Home-Delivered Meals $ 821326.00i .............................................. Senior Citizens of Greater Tarrant County Connecting Seniors to Commun�ity $1 81 1824.010 Tarrant County Housing Partnership 1247935.00 Housing Counseling and Education The Ladder Alliance Computer Skills,Training $ 10012135-00 'T'.A.R.T he,Salvation Army,a Georgia Corporation is. $ 4�3�19081-00 YMCA,of Metropolitan of Fort orthi Early Childhood Education $ 351335.00 YWCA Fort Worth&Tarrant County Child Development Program $ 35,335-00 CDB,G Public Service Subtotal $9111943w00 ............................................ *REACH Resource Center one Independent Living Project Ramp $ 75,000.00 -——--------- TOTAL CDBG Contracts $ 91816,' 43-010 *REACH will be funded from, the CDBG Housing Program�s budget. Housinn Opportunities For Persons, With AIDS: .......................... Table 2 - HOPWA Agencies .......................... .................................. ..........._'_".......................... Organization Program, Amount Tarrant County,Samaritan Housing, Inc. Administration(three percent)and Supportive Services $261,611.315 hittp://appis.cfwnet.,org/counciil—packet/mc—review.aisp,?ID�=18629&councild'la:,te=8/6`/20,13(4 of 6)[11/18/2013 11:54:461 AM] C Review �wwv a ��o� NNO AIDS Outreach Center, Inc. Administration(three percent),Supportive Services, Tenant Based Rental Assistance(TBRA ,and Short Term Rent Mortgage and Utility Assistance(STS 622 694.00 TOTAL HOPWA Contracts, 884 5,"35 Table 3 - ESG Agencies Organi�zat'im�on Program Amount ..............-"".afeHl�aven of Tarrant County Shelter Services 85,065.00, Pres yterian Might Shelter ,Shelter Services jj.�o��a�N�� .........m....... .. .. Shelter Services Days Resource Center for the Homeless 85,065.00 ....... N''Ift ........ The Salvation Army, a Georgia Corporation Homelessness Prevention/Rapid ,e_Neua,ing 4311 36.00 CFW darks and Community Services Homelessness Prevention Rapid Re-Housing $ 63,015.62 Catholic Charities of Fort Perth . Homelessness Prevelnti+an/Rap�ud e-Housurugi: 2 79.001� iii 3932562 These programs are available in,ALL COUNCIL DISTRICTS., FISCAL, INFORMATION/ClERTIFICATIONS 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 availahile in the current operating budget,et,as appropriated,of the Grants Fund. TO Fund/Account/Centers, FROM Fund/Account/Centers GIR76 451727 O�172 5 0791 122.00 GR76 5XXXXX 01720665OXXX $6,079,622.00 GR76 451727 011 '206653,XXX 425 5.00 GR76 5XXXXX 0 1 7206653XXX $425,325-00 GiR7'61 451 7.2,17 17206654 9111 515r 00 GR'76 5XXXXX 01 7206654XXX. $9111655.00 GR76 451 685 01�720665OXXX $5,01 X00.0 GR76 5XXXXX 01720665OXXX $50,000-00 GR76 451685 0172060651XXX $25010010.00 GR76 5XXXXX 01 x2000,51 XXX $250,000.00 GR70 451727 01 x206051 XXX $1,996, GR70 5XXXXX 017206651YM $1,996,541.00 If ttp://apps..cfwnet.org/cooncil_pac t/mc-revie wr. slp?I =1' 629&coun ilda e f ,201 5 of fir)[11/18/2013 11:54: 6 AM] M&C Review ............................... ..................-................... .......... .......... ,rigs, Off"C o Co (6122) Submitted for C Manag�e I Fernand s,ta 'Ity Or" 1" 0 a 1,9, n�ati..ng Department Head. Cynthia Garcia(8187) Additional Information Contacts. Robe�ft Sturns(80�0,31), Leticia Rodriguez(7'319) .......................... ................. ATTACHMENTS 17HUDAc"rPLANPY1 3-14 A013 VG(l),.dpc, 2013-18ConPlanMerno HED6.4.13C df Action Plan 013-14 recommendati List of Selected Street for Action Plan 20 http://apps.cfwnet.org/councii—packet/m�c—review.asp?ID=18629&councilldate=8/6/2013(6 of 6)[11/18/2013 11:54:46 AM]