HomeMy WebLinkAboutContract 30310 STATE OF TEXAS § CITY cjFCRETA Y
_ O
COUNTY OF TARRANT §
THIS contract is made and entered into by and between the City of Fort Worth ("City"),
acting and through Charles Boswell, its duly authorized Assistant City Manager, and
Presbyterian Night Shelter, Inc. ("Contractor"), by and through, Mr. John Suggs, its duly
authorized agent, Contractor's business address is, 2400 Cypress Street, Fort Worth, TX 76102.
WHEREAS, the City of Fort Worth has been notified that it will receive grant monies from
the United States Department of Housing and Urban Development ("HUD") through the
Emergency Shelter Grant ("ESG") contained in Title IV of Stewart B. McKinney Homeless
Assistance Act (PL 100-77) for Year 2004-2005; and,
WHEREAS, the Catalog of Federal Domestic Assistance (CFDA) assigned Emergency Shelter
Grant/Entitlement Grants number 14.231; and
WHEREAS, the purposes of the ESG are to provide for the benefit of homeless citizens of
Fort Worth; and, for the rehabilitation or conversion of buildings for use as emergency shelter
for the homeless, for the payment of certain operating and social service expenses in connection
with emergency shelter for the homeless, and for homeless prevention activities. The Emergency
Shelter Grants program authorized by the Homeless Housing Act of 1986 is contained in 24 CFR
Part 575.
WHEREAS, the citizens of Fort Worth and the City Council of Fort Worth have determined
that homeless assistance services are needed in Fort Worth;
NOW,THEREFORE,THIS AGREEMENT FURTHER WITNESSETH:
THAT, the parties covenant and agree as follows:
1. Scope of Services
a. Contractor will administer services to citizens of the City of Fort Worth under the program
name Elderly & Infirmary ("Program"), for the term June 1, 2004 to May 31, 2005.
b. Contractor will provide the services and activities delineated in Exhibit A, Program
Summary in accordance with Exhibit B, Program Services Schedule.
c. City will monitor the performance of the Contractor against the goals and performance
standards required herein. Substandard performance as determined by City will constitute
non-compliance with this Agreement. If action to correct such substandard performance is not
taken by Contractor within a reasonable period of time after being notified in writing by City,
contract suspension or termination procedures will be initiated.
2. Funds -Disbursement
City will disburse ESG Year 2004-2005 monies in an amount up to $15,040 to Contractor on a
reimbursement of expenses basis.
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XXX ESGCNT July 13,2004 1
3. Funds -Requirements
a. Payments will be processed by City following receipt from Contractor of Attachment I,
Sub-Grantees Request For Funds and applicable supporting documents described in
paragraph 5. Reimbursement for the payment of eligible expenses shall be made against the
line item budget specified in Exhibit C, Program Operating Budget.
b. Contractor must provide the matching funds specified in Exhibit C in accordance with 24
CFR Ch. V, §576.51.
c. Contractor agrees to utilize all disbursed ESG funds for the benefit of the Program.
Contractor agrees that funds will be expended in accordance with the Program Operating
Budget. Contractor may not increase or decrease line-item amounts in the approved ESG
Program Operating Budget without prior written approval by the City.
d. It is understood that the total cost for operation of this program is 1,410,525 and that
Contractor will obtain the remaining funds in excess of the ESG amount as detailed in the
Program Operating Budget. Contractor will notify City promptly of any additional funding it
receives for operation of the Program, and City reserves the right to amend the Program
Operating Budget in such instances.
e. Contractor agrees to keep all ESG monies on hand in interest bearing accounts. All interest
earned shall be reported to City on a monthly basis, at the same time as submission of the
monthly report following the end of the contract month during which the interest was earned.
Interest in an amount of $25.00 or less per month may be used for authorized program
expenses. These amounts must be reported on the monthly financial statements filed pursuant
to this contract. Interest earned in excess of$25.00 per month is subject to remittance to City
as directed by City.
L Contractor will not commingle ESG monies with any other funds in any manner which
would prevent City from readily identifying program expenditures for operation of the
Program.
g. Contractor agrees that all program income from operation of the Program in proportion to
the amount of ESG funds received hereunder will be expended prior to expending ESG
monies and that any such program income is subject to the terms of this contract. ESG monies
may be expended by the Contractor only if program income is insufficient to meet all eligible
program activity expenses. Contractor agrees to return to City at the end of the Contract any
remaining program income earned from operation of the Program in proportion to the
amount of ESG funds in the overall operating budget.
h. The Contractor shall comply with City policy concerning the purchase of equipment and
shall maintain inventory records of all non-expendable personal property, as defined by such
policy, procured with funds provided herein. The Contractor shall procure all materials,
property, or services in accordance with the requirements of OMB circular A-110,
Procurement Standards.
4. Uniform Administrative Requirements and Program Management Standards
a. Financial Management
i. Accounting Standards
The Contractor agrees to comply with OMB Circular A-110 and agrees to adhere to the
accounting principles and procedures required therein, utilize adequate internal controls,
and maintain necessary source documentation for all costs incurred.
ii. Cost Principles
XXX ESGCVT July 13,2004 2
Contractor shall administer the Program in conformance with OMB Circular A-122,
"Cost Principles for Non-Profit Organizations" and attachments and revisions thereto,
regarding principles for determining costs for the Program.
b. Documentation and Record Keeping
i. Contractor shall maintain all records pertinent to the activities to be funded under this
Agreement as required by HUD regulations specified in 24 CFR § 576.65 for four (4) years
following the date of termination of this contract. Contractor may destroy Program
records at the end of this four (4) year period if no outstanding audit finding exists. In
addition, Contractor agrees to keep records to fully document all expenditures charged to
the ESG program. The documentation must support the amounts charged to Program and
demonstrate that the expenditures were appropriate to the stated goals of the Program
and allowable under applicable federal, state and City guidelines.
ii. Close Outs
The Contractor's obligation to City shall not end until all close-out requirements are
completed. Activities during this close-out period shall include, but are not limited to:
making final payments, disposing of program assets (including the return of all unused
materials, equipment, unspent cash advances, program income balances, and accounts
receivable to City), and determining the custodianship of records.
iii. Audits and Inspections
(1) City, HUD, and the United States Comptroller General, or their representatives, shall
have access to any books, documents, records and papers relating to the operations of
Contractor under this Agreement for the purpose of audit, examination, exception and
transcription at all reasonable hours at all offices of Contractor.
(2) For all contracts in which Contractor is cumulatively receiving federal monies in the
amount of$300,000 or more, Contractor must submit to City an annual audit prepared in
accordance with 24 CFR Sections § 570.502-570.503 generally, with specific reference to
OMB Circulars (with attachments) A-122 and A-133 as appropriate. The audit may cover
either Contractor's fiscal year during which this contract is in force or cover the period of
this contract. The audit must be prepared by an independent certified public accountant,
be completed within twelve (12) months following the end of the period being audited and
be submitted to City within thirty (30) days of its completion. Contractor's audit schedule
is attached hereto as Exhibit D -Audit Schedule. Costs of preparation of this audit may be
an allowable expenditure of ESG funds in an amount proportional to that of the ESG
funds used in contractor's total agency operating budget.
(3) City reserves the right to perform an audit of Contractor's program operations and
finances at any time during the term of this contract, if City determines that such audit is
necessary for City's compliance with OMB Circular A-1 28. City will perform six (6) month
and year-end financial and programmatic audits with periodic site visits as appropriate.
Contractor agrees to allow access to all pertinent materials. If such audit reveals a
questioned practice or expenditure, such questions must be resolved within fifteen (15)
days after notice to Contractor. If questions are not resolved within this period, City
reserves the right to withhold further funding under this and/or future contract(s).
(4) If, as a result of any audit, it is determined that Contractor has misused, misapplied or
misappropriated all or any part of the grant funds described herein, Contractor agrees to
reimburse the City the amount of such monies so misused, misapplied or misappropriated,
plus the amount of any sanction, penalty or other charge levied against City because of
such misuse, misapplication or misappropriation.
XXX ESGCNT July 13,2004 3
5. Reporting Procedures
a.Financial Reports
Contractor will submit to City on a monthly basis: (1) Attachment II, Detailed Statement of
Costs; and (2) Attachment III, Expenditures Worksheet Report, as applicable, for expenses
incurred for services and activities accomplished by Contractor in performance of this
Contract. The reports must be signed by a duly authorized agent of Contractor and submitted
by the 15th of the month following the month being reported. The City is under no obligation
to authorize payments for expenditures which occurred prior to the first day of the month for
which the report is submitted.
b. Performance Reports
Contractor will submit to City on a monthly basis: (1)Attachment IV, (2)Attachment V, and
(3) Attachment (VI) Program Services Report to City for services and activities accomplished
by Contractor in performance of this contract. The report will be signed by a duly authorized
agent of Contractor and submitted by the 15th of the month following the month which is
reported.
6. Reversion of Assets
a. Contractor agrees to return to City any ESG funds remaining on hand at the end of the
Contract.
b. All property purchased with ESG funds under this contract will be used solely for operation
of the Program. Contractor agrees to obtain City approval prior to purchase of property.
Contractor agrees to notify City upon receipt of property so that it may be properly tagged
and inventoried. Title to such property will be vested with the City, and, at the termination of
the Program for which ESG funds have been received, Contractor will deliver all such
property to City for disposition at City's sole discretion.
7. Applicable Laws
a. Federal
Contractor agrees to comply with the following laws and the regulations issued thereunder as
they are currently written or are hereafter amended during performance of this contract:
• Title VI of the Civil Rights Act of 1964 (42 USC 2000d et seq)
• Title VIII of the Civil Rights Act of 1968 (42 USC 3601 et seq)
• Executive Orders 11063, 11246, as amended by 11375 and as supplemented by Department
of Labor regulations (41 CFR , Part 60)
• The Age Discrimination Act of 1975 (42 USC 6101-07 and implementing regulations at 24
CFR part 146
• Section 504 of the Rehabilitation Act of 1973 (29 USC 794)
• The Immigration Reform and Control Act of 1986 (Pub. L. 99-603, 100 Stat. 3359, as
amended), specifically including the provisions requiring employer verification of the legal
status of its employees
• The Housing and Community Development Act of 1987 (Pub. L. 100-242, 101 Stat. 1815,
as amended)
• The Americans with Disabilities Act of 1990 (42 USC 12101 et seq)
• The Drug Free Workplace Act of 1988 (24 CFR part 23, subpart F)
• The Fair Housing Act (42 use 3601-20 and implementing regulations at 24 CFR part 100
XXX ESGCNT July 27,2004 4
• Section 3 of the Housing and Urban Development Act of 1968 (12 USC 1701) and the
regulations in 24 CFR part 135
• Executive Orders 11625, 12432, 12138, and 12372
b. Other Laws
Contractor covenants and agrees that its officers, members, agents, employees, program
participants and subcontractors shall abide by and comply with all other laws, federal, state
and local, relevant to the performance of this contract, including all ordinances, rules and
regulations of the City of Fort Worth and the Housing and Community Development Act of
1974 (Pub. L. 93-383, 885 Stat. 633,), as amended, and all regulations pertaining thereto.
Contractor further promises and agrees that it has read, and is familiar with, terms and
conditions of the Emergency Shelter Grant under which funds are granted and that it will
fully comply with same. It is agreed and understood that, if City calls the attention of
Contractor to any such violation on the part of Contractor or any of its officers, members,
agents, employees, program participants or subcontractors, then Contractor shall
immediately desist from and correct such violation.
8. Nondiscrimination
a. Contractor, in the execution, performance or attempted performance of this contract and
agreement, will not unlawfully discriminate against any person or persons because of sex,
race, religion, age, disability, color or national origin, nor will Contractor permit its officers,
members, agents, employees, subcontractors or program participants to engage in such
discrimination.
b. In accordance with the policy of the Executive Branch of the federal government,
Contractor covenants that neither it nor any of its officers, members, agents, employees,
program participants or subcontractors, while engaged in performing this contract, shall, in
connection with the employment, advancement or discharge of employees or in connection
with the terms, conditions or privileges of their employment, discriminate against persons
because of their age except on the basis of bona fide occupational qualification, retirement
plan or statutory requirement.
c. Contractor further covenants that neither it nor its officers, members, agents, employees,
subcontractors, program participants, or persons acting on their behalf, shall specify, in
solicitations or advertisements for employees to work on this contract, a maximum age limit
for such employment unless the specified maximum age limit is based upon a bona fide
occupational qualification, retirement plan or statutory requirement.
d. In accordance with the provisions of the Americans with Disabilities Act of 1990 ("ADA"),
Contractor warrants that it and any and all of its subcontractors will not unlawfully
discriminate on the basis of disability in the provision of services to the general public, nor in
the availability, terms and/or conditions of employment for applicants for employment with
Contractor, or employees of Contractor or any of its subcontractors. Contractor warrants it
will fully comply with ADA's provisions and any other applicable federal, state and local laws
concerning disability and will defend, indemnify and hold City harmless against any claims or
allegations asserted by third parties or subcontractors against City arising out of Contractor's
and/or its subcontractors' alleged failure to comply with the above-referenced laws concerning
disability discrimination in the performance of this agreement.
e. This agreement is made and entered into with reference specifically to the ordinances
codified at Chapter 17, Article III, Division 3 ("Discrimination in Employment Practices"), of
the City Code of the City of Fort Worth, and Contractor hereby covenants and agrees that
Contractor, its officers, members, agents, employees and subcontractors, have fully. complied
XXX ESGCNT July 13,2004 5
with all provisions of same and that no employee, employee-applicant or program participant
has been discriminated against by the terms of such ordinances by either the Contractor or its
officers, members, agents, employees or subcontractors.
9. Prohibition Against Interest
a. No member, officer or employee of City or its designees or agents; no member of the
governing body of the locality in which the Program is situated; and no other public official of
such locality or localities, who exercises any functions or responsibilities with respect to the
Program funded hereunder during his or her tenure or for one year thereafter, shall have any
interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to
be performed hereunder. Contractor shall incorporate, or cause to be incorporated, like
language prohibiting such interest in all contracts and subcontracts hereunder.
b. No member, officer, employee, or program participant of Contractor or its subcontractors
shall have a financial interest, direct or indirect, in this contract or the monies transferred
hereunder or be financially interested, directly or indirectly, in the sale to Contractor of any
land, materials, supplies or services purchased with any funds transferred hereunder, except
on behalf of Contractor, as an officer, employee, member or program participant. Any willful
violation of this paragraph with the knowledge, expressed or implied, of Contractor or its
subcontractors shall render this contract voidable by the City of Fort Worth.
10. Minority and Women Business Enterprise Commitment
Contractor agrees to abide by the City of Fort Worth's policy to involve Minority and Women
Business Enterprises (M/WBE) in all phases its procurement practices and to provide them an
equal opportunity to compete for contracts for construction, provision of professional services,
purchase of equipment and supplies and provision of other services required by City.
Therefore, Contractor agrees to incorporate City Ordinance No. 11923, and all amendments
or successor policies thereto, into all contracts and will further require all persons or entities
with whom it contracts to comply with said Policy.
11. Non-Assignment
Contractor will not assign any or all of its rights or responsibilities under this contract without
the prior written approval of City. Any purported assignment without such approval will be a
breach of this contract and void in all respects.
12. Independent Contractor
a. Contractor shall operate hereunder as an independent contractor and not as an officer,
agent, servant or employee of City. Contractor shall have exclusive control of, and the
exclusive right to control, the details of the work and services performed hereunder, and all
persons performing same, and shall be solely responsible for the acts and omissions of its
officers, members, agents, servants, employees, subcontractors, program participants,
licensees or invitee. The doctrine of respondeat superior shall not apply as between City and
Contractor, its officers, members, agents, servants, employees, subcontractors, program
participants, licensees or invitees, and nothing herein shall be construed as creating a
partnership or joint enterprise between City and Contractor. It is expressly understood and
agreed that no officer, member, agent, employee, subcontractor, licensee or invitee of the
Contractor, nor any program participant hereunder, is in the paid service of City and that
XXX ESGCNT July]3,2004 6
City does not have the legal right to control the details of the tasks performed hereunder by
Contractor, its officers, members, agents, employees, subcontractors, program participants,
licensees or invitees.
b. City shall in no way nor under any circumstances be responsible for any property
belonging to Contractor, its officers, members, agents, employees, subcontractors, program
participants, licensees or invitees, which may be lost, stolen, destroyed or in any way
damaged; and Contractor hereby indemnifies and holds harmless City and its officers, agents,
and employees from and against any and all claims or suits.
13. Insurance and Bonding
a. Contractor covenants and agrees to indemnify, hold harmless and defend, at its own
expense, City and its officers, agents, servants and employees from and against any and all
claims or suits for property loss or damage and/or personal injury, including death, to any and
all persons, of whatsoever kind or character, whether real or asserted, arising out of or in
connection with the execution, performance, attempted performance or nonperformance of
this contract and agreement and/or the operations, activities and services of the Program
described herein, whether or not caused, in whole or in part, by alleged negligence of officers,
agents, servants, employees, contractors or subcontractors of City; and Contractor hereby
assumes all liability and responsibility of City and its officers, agents, servants, and employees
for any and all claims or suits for property loss or damage and/or personal injury, including
death, to any and all persons, of whatsoever kinds or character, whether real or asserted,
arising out of or in connection with the execution, performance, attempted performance or
non-performance of this contract and agreement and/or the operations, activities and services
of the programs described herein, whether or not caused in whole or in part, by alleged
negligence of officers, agents, servants, employees, contractors or subcontractors of City.
Contractor likewise covenants and agrees to and does hereby indemnify and hold harmless
City from and against any and all injury, damage or destruction of property of City, arising
out or in connection with all acts or omissions of Contractor, its officers, members, agents,
employees, subcontractors, invitees, licensees, or program participants, or caused, in whole or
in part, by alleged negligence of officers, agents, servants, employees, contractors or
subcontractors of City.
b. Contractor will maintain a blanket fidelity coverage in the form of a bond in the amount of
$15,040, to insure against loss from the fraud, theft or dishonesty of any of Contractor's
officers, agents, trustees, directors or employees. The proceeds of such bond shall be used to
reimburse City for any and all loss of ESG monies occasioned by such misconduct. To
effectuate such reimbursement, such bond shall include a rider stating that reimbursement for
any loss or losses thereunder shall be made directly to City for the uses and benefit of
Contractor.
c. Contractor shall furnish certificates of insurance as proof that it has secured and paid for
policies of workers' compensation, public liability and automobile liability insurance covering
all risks incident to or in connection with the execution, performance, attempted performance
or nonperformance of this contract and agreement. The amounts of such insurance shall not
be less than the maximum liability which can be imposed on City under the laws of the State
of Texas. Contractor understands and agrees that such insurance amounts may be revised
upward at City's option and that Contractor shall revise such amounts within thirty (30) days
following notice to Contractor of such requirements.
d. Contractor will submit documentation to City that it has obtained insurance coverage and
has executed bonds as required in this contract within thirty (30) days of the execution of this
contract and prior to payment of any monies hereunder.
XXX ESGCNT July 13,2004 7 ``
14. Waiver of Immunity
If Contractor, as a charitable or nonprofit organization, has or claims an immunity or
exemption (statutory or otherwise) from and against liability for damages or injury, including
death, to persons or property; Contractor hereby expressly waives its rights to plead
defensively such immunity or exemption as against City. This section shall not be construed to
affect a governmental entity's immunities under constitutional, statutory or common law.
15. Termination
a. In addition to, and not in substitution for, other provisions of this Agreement regarding the
provision of public services with ESG funds, pursuant to Title I of the Housing and
Community Development Act of 1974, as amended, it is expressly understood and agreed by
and between the parties hereto that this agreement is wholly conditioned upon the actual
receipt by City of Federal ESG Year 2004-2005 funds; that all monies distributed to
Contractor hereunder shall be exclusively from Federal monies received under said grant and
not from any monies of City; and that if such funds under said grant are not timely
forthcoming, in whole or in part, City may, at its sole discretion, terminate this contract and
agreement and City shall not be liable for payment for any work or services performed by
Contractor under or in connection with this contract.
b. City may terminate this contract whenever such termination is determined to be in the best
interest of City, in event of Contractor's default, inability or failure to perform or to comply
with any of the terms herein, or for other good cause.
c. The parties acknowledge that ESG funds paid hereunder are intended to provide only
partial funding for Contractor's program operations. If non-ESG funds included in the
Operating Budget are not forthcoming to Contractor during the contract term, City may
terminate this contract.
d. ESG funds provided hereunder may not be used as collateral for loans to Contractor to
defray program operation expenses, and any attempted use of ESG funds for this purpose will
result in termination of this contract by City.
e. Termination will be effected by written notice to Contractor, specifying the portions of the
contract affected and the effective date of termination. Upon Contractor's receipt of such
termination notice, Contractor will:
• Stop work under the contract on the date and to the extent specified by City;
• Cease expenditures of ESG monies, except as necessary for completion of the portions of the
contract not terminated; and
• Terminate all orders and contracts to the extent that they relate to terminated portions of the
contract.
f. Contractor will return to City any unused monies previously advanced by City under this
contract within thirty (30) days of the effective date of contract termination. City will have no
responsibility or liability for Contractor's expenditures or actions occurring after the effective
date of contract termination.
16. Certification Regarding Lobbying
a. The undersigned representative of Contractor hereby certifies, to the best of his or her
knowledge and belief, that: No federal appropriated funds have been paid or will be paid, by
or on behalf of Contractor, to any person for influencing or attempting to influence an officer
or employee of any agency, a member of Congress, an officer or employee of Congress or an
employee of a member of Congress in connection with the awarding of any federal contract,
XXX ESGCNT July 13,2004 8
the making of any federal grant, the making of any federal loan, the entering into of any
cooperative agreement and the extension, continuation, renewal, amendment, or modification
of any federal contract, grant, loan or cooperative agreement. Contractor shall require that
the language of this certification be included in all subcontracts or agreements involving the
expenditure of federal funds.
b. If any funds other than federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
member of Congress, an officer or employee of Congress, or an employee of a member of
Congress in connection with this federal contract, grant, loan or cooperative agreement,
Contractor shall complete and submit Standard Form-LLL, Disclosure Form to Report
Lobbying," in accordance with its instructions.
17. Miscellaneous Provisions
a. All terms of this contract shall apply to any and all subcontractors of Contractor who are
in any way paid with ESG funds or who perform any work in connection with Contractor's
program.
b. The provisions of this agreement are severable, and, if for any reason a clause, sentence,
paragraph or other part of this agreement shall be determined to be invalid by a court or
federal or state agency, board or commission having jurisdiction over the subject matter
thereof, such invalidity shall not affect other provisions which can be given effect without the
invalid provision.
c. The failure of the City to insist upon the performance of any term or provision of this
agreement or to exercise any right herein conferred shall not be construed as a waiver or
relinquishment to any extent of City's right to assert or rely upon any such term or right on
any future occasion.
d. Should any action, whether real or asserted, at law or in equity, arise out of the execution,
performance, attempted performance or nonperformance of this contract and agreement,
venue for said action shall lie in Tarrant County,Texas.
e. This written instrument and the exhibits attached hereto, which are incorporated by
reference and made a part of this contract for all purposes, constitute the entire agreement
between the parties hereto concerning the work and services to be performed hereunder, and
any prior or contemporaneous, oral or written agreement which purports to vary from the
terms hereof shall be void. Any amendments to the terms of this contract must be in writing
and must be approved by each party to this contract.
XXX ESGCNT July 13,2004 9
APPENDIX A—CONSTTTDTIONAL PROVISION
Contractor represents that it is, or may be deemed to be, a religious or denominational institution or an organization
operated for religious purposes which is supervised or controlled by or in connection with a religious or
denominational institutional or organization. Pursuant to Title 24 CFR CH. V§ 576.23 (a)(i). Contractor agrees that
in connection with this contract:
a. The organization will not discriminate against any employee or applicant for employment on the basis
of religion,and will not limit employment or give preference in employment on the basis of religion;
b. The organization will not discriminate against, limit services provided to, or give preference to any
person obtaining shelter, other service(s) offered by the project, or any eligible activity permissible
under the ESG program on the basis of religion and will not limit such service provision or give
preference to persons on the basis of religion;and
c. The organization will not provide religious instruction, counseling, religious services, worship (not
including voluntary nondenominational prayer before meetings), engage in religious proselytizing, or
exert other religious influences in the provision of shelter or other eligible ESG activities under this
per•
t'7
IN WITNESS WHEREOF, the parties hereto leve executed�Icopiesof this contra tFort Worth,Tarrant County,Texas, this �C' day of ,A.D. 20 .
CITY OF FORT WORTH Presbyter' Night Shelter, Inc.
PBy: By: k^-IK5�
Charles R. Boswell r. John Suggs
Assistant City Manager Executive Director
APPROVED AS TO FORM AND LEGALITY:
0611t�
City Attorney
Date
ATTEST:
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dt City#ecretary
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Ozizati A
Date �^--`—
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XXX ESGCNT July 13,2004 10
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared Charles Boswell, known to me to be the
person whose name is subscribed to the foregoing instrument, and acknowledged to
me that the same was the act of the City of Fort Worth and that he executed the
same as the act of said City of Fort Worth for the purposes and consideration
therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this e� day of Vti
,A.D. 20 ------ - ----- -
"av a`ti
ROSELLA BARNES
*� NOTARY PUBLIC
tt�( � State of Texas
, Comm.Exp.03-31-2005 Notary Public in and for
the State of Texas
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State
of Texas, on this day personally appeared Mr. John Suggs, known to me to be the
person whose name is subscribed to the foregoing instrument, and acknowledged to
me that he\she executed the same for the purposes and consideration therein
expressed, as the act and deed for Presbyterian Night Shelter, Inc. and in the
capacity therein stated as its duly authorized officer or representative.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 1q day of
A.D. 20 QV_.
otary Public in and or
the State of Texas
7IRIEBECCACOXNotae Of TexasMy xpires On
6
XXX ESGCNT July 14,2004 I 1
EXHIBIT A
PROGRAM SUMMARY
Presbyterian Night Shelter, Inc.
AGENCY
Elderly & Infirmary
PROGRAM
00000 June 1, 2004-May 31, 2005 $15,040
CONTRACT NO. PERIOD AMOUNT
PROGRAM DESCRIPTI01\1
Funds allocated by the City will be used to reimburse the purchase of new beds and
necessary repairs needed for the Elderly & Infirmary Program. The program will also
provide support services to these clients under the program.
COUNCIL DISTRICT (S)
ALL
PROGRAM GOALS
To provide shelter, care and support services to the elderly and disabled.
PROGRAM OBJECTNES
To provide basic needs twenty-four hours a day to all elderly and disabled homeless.
To assist in obtaining correct medications and health care needed for treatment of medical
conditions.
To aid elderly and disabled in acquiring resources.
To assist those that are able transition to a self-sufficient lifestyle.
PROGRAM SERVICES and ACTIVITIES GOALS
24 Hour Housing 600
Meals provided 54,000
Living assistance 300
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CITY OF FORT WORTH EXHIBIT C
ESG
ANNUAL BUDGET Page 1 of 2
CONTRACT PERIODI From: 6/1/2004 To: 5/31/2005
Name of Sub Grantee Name of Program
Presbyterian Night Shelter, Inc Elderly&Infirmary
Program ESG
Cost Category Budget Funds [a] [b] [c] [d]
PERSONNEL SERVICES
Salaries $ 700,000.00 $122,350.00 $550,350.00 $ 27,300.00
FICA $ 53,550.00 $ 51,639.00 $ 1,911.00
Health Insurance $ 60,000.00 $ 60,000.00
Worker's Compensation $ 21,000.00 $ 21,000.00
SUPPLIES
Office Supplies $ 20,125.00 $ 20,125.00
Postage $ 3,800.00 $ 3,800.00
Other(Spec)'food, cleaning $ 100,000.00 $ 50,000.00 $ 50,000.00
TOTAL COST $ 958,475.00 $ 194,114.00 $ 550,350.00 $134,800.00 $ 79,211.00
OPERATIONS AND MAINTENANCE
Telephone $ 19,550.00 - $ 12,350.00 - - $ 7,200.00
Electric $ 101,500.00 $ 1,391.00 - $ - $ 100,109.00
Gas $ 32,000.00 - $ - - $ - $ 32,000.00
Water/Waste Disposal $ 40,000.00 $ 40,000.00
Building Lease -
Janitorial Services $ 35,000.00 - $ 35,000.00
Pringting $ 1,000.00 $ 1,000.00
Repairs $ 75,000.00 $ 5,040.00 $ 69,960.00
Fidelity Bond" $ 2,000.00 $ 2,000.00 $ -
Liability Insurance~ $ 65,000.00 $ $ - $ 65,000.00
Legal&Accounting $ 45,000.00 $ 45,000.00
CAPITAL OUTLAY
Furniture,Fixtures $ 36,000.00 $ 10,000.00 $ - $ $ - $ 26,000.00
Total Operations and Maintenance '-F--4-5=050.00, 15, .00 15,741.00 550, 0.00 17 ,800.00 385, 69.00
Totals 1,410,525.00 15,040.00 1$ 209,855.00 550,350.00 0,8 464,480.00
MATCHING FUND SOURCES
[a] First Presbyterian Church
[b] Individuals
[c] General Store
[d] All other categories
BUDGET DETAIL Page 2 of 2
Operations and Maintenance
Hourly Annual %of
Time Charged to
Position/Title Rate Hours ESG Amount
1
2
3
TOTAL STAFF SALARIES
%of %of %Paid Charged to ESG
CATEGORY Salary Amount Match by ESG
FICA 7.65% 0 0%
Life Insurance 0.0% - 0 0% -
Health Insurance 0.25% - 0 0%
Employment Tax-State 0.22% 0 0% -
TOTAL FRINGE BENEFITS
Total Salaries and Benefits 0
OTHER OPERATING EXPENSES
%of
Matching Total Matching
Total Cost Funds Funds %ESG Charged ESG
Category Months
Telephone $ 0% $ 0% $
Electric $ - 0% $ - 0% $ -
Gas 0 0% 0%
Water/Waste Disposal 0 0% 0%
Repairs 75000 90% $ 67,500.00 10% $ 5,040.00
Other:Furniture(Beds) 36000 38% $ 13,500.00 28% $ 10,000.00
TOTAL OPERATIONS AND
MAINTENANCE $ 111,000.00 $ 81,000.00 $ 15,040.00
Essential Services-Salaries
Hours Time Charged to
Position/Title Rate Charged %Match ESG Amount
0 0% $
1 0.0% $ -
2 0.0% $
3
SUB-TOTAL SALARIES $
Essential Services-Benefits
%of %of %Paid Charged to ESG
Category Salary Amount Match by ESG
FICA 0.00% 0 $
Life Insurance 0.0% - 0 $ -
Health Insurance 0.00% - 0 $ -
Employment Tax-State 0.00% - 0 $ -
Employment Tax-Federal 0.00% - 0 $ -
Worker's Comp 0.00% - 0 $
Retirement 0.00% - 0 $
TOTAL BENEFITS
TOTAL ESSENTIAL SERVICES $`
EXHIBIT "D"
AUDIT SCHEDULE
INDEPENDENT AUDIT REQUIREMENT
BUSINESS/AGENCY NAME: Presbyterian Night Shelter, Inc.
PROGRAM: Elderly& Infirmary
GR76 YEAR: XIX
AMOUNT FUNDED: $15,040
Name of Independent Auditor who will perform agency audit:
Independent Auditor to be contracted during GR76 contract period.
Date audit is to be performed:
Within 60 days of completion of GR76 funded project.
The following language is a condition of your contract with the City:
(1) For all contracts in which Contractor is cumulatively
receiving federal monies in the amount of $300,000 or
more, Contractor must submit to City an annual audit
prepared in accordance with 24 CFR Sections § 570.502-
570.503 generally, with specific reference to OMB
Circulars (with attachments) A-122 and A-133 as
appropriate. The audit may cover either Contractor's
fiscal year during which this contract is in force or cover
the period of this contract. The audit must be prepared
by an independent certified public accountant, be
completed within twelve (12) months following the end
of the period being audited and be submitted to City
within thirty (30) days of its completion. Contractor's
audit schedule is attached hereto as Exhibit D - Audit
Schedule. Costs of preparation of this audit may be an
allowable expenditure of GR76 funds in an amount
proportional to that of the GR76 funds used in
contractor's total agency operating budget.
This form is to be completed and submitted to the Intergovernmental Affairs and
Grants Management Division at the beginning of each contract year.
Signature
CITY OF FORT WORTH Attachment I
INTERGOVERNMENTAL AFFAIRS AND GRANTS MANAGEMENT
CONTRACT MANAGEMENT DIVISION
REQUEST FOR FUNDS
AGENCY: Presbyteria Night Shelter PROGRAM: Elderly& Infirmary
ADDRESS: 2400 Cypress Street CONTRACT NUMBER:
Fort Worth, TX 76102 CONTRACT AMOUNT: $ 15,040.00
CONTRACT DATE: 6/1/2004
DATE OF REQUEST:
SECTION I (AGENCY) CURRENT MONTH CUMULATIVE
I. Reimbursement Request
1. Expenditures: $ $
2. Income
A. Program Income $ $
B. City of Fort Worth $ $
C. Interest Earned CDBG Funds $ $
3. Reimbursement(1 minus 2) $ $
II.Advance Pay Requests/Repayment $ $
III. Reporting Interest
1. Interest over$25 per quarter returned to City of Fort Worth $ $
SECTION II (CITY)
I. BYSPEED - Purchasing Request
A. BYSPEED INPUT:Vendor/PO Number/Requisition Number:
B. Fund/Account/Center: GR76/539120/002206931070
C.Total Amount of this Request: $
SECTION III
I. Verification
A. Contract Compliance Specialist Marilyn Jackson
(Name) (Signature) (Date)
B. BYSPEED-Purchasing
(Name) (Signature) (Date)
C. Accounting
(Name) (Signature) (Date)
II.Authorization
A. Agency John Suggs
(Name) (Signature) (Date)
B. Contract Manager D.Emerson
(Name) (Signature) (Date)
C. Budget Director B. Garrett
(Name) (Signature) (Date)
Distribution:
1 Copy-Accounting
1 Copy-IAGM
1 Copy-Agency
CITY OF FORT WORTH
INTERGOVERNMENTAL AFFAIRS AND GRANTS MANAGEMENT ESG ATTACHMENT 2
CONTRACT MANAGEMENT DIVISION
ESG 2004-2005
Presbyterian Night Shelter
Agency Period
Elderly&Infirmary Contract Numer
Program ate Request
ESG EXPENDITURES MATCHING FUNDS
ACCOUNT PROGRAM MONTHLY CUMULATIVE PROGRAM MONTHLY CUMULATIVE
COST CATEGORY Number BUDGET EXPENDITURES TO DATE Balance BUDGET EXPENDITURES TO DATE Balance
ESSENTIAL SERVICES
Salaries 516 010
FICA 518 010 - - - - - - -
Life Insurance 518 050
Health Insurance 518 060 - - - - - - -
Employment Tax-State 518 090 - - - - - - -
Worker's Comp 518 040 - - - - - -
Retirement 518 070 - - - - - - -
OPERATIONS AND MAINTENANCE
Salaries 516 010 - - - - - - -
FICA 518 010
Life Insurance 518 050 - - - - - - - -
Health Insurance 518 060
Employment Tax-State 518 090
Worker's Comp 518 040 - - - - - - -
Retirement 518 070
Food Supplies 552 030 - - - - - - -
Telephone 535 040 - - - - - - - -
Electric 535 020
Gas[Utllifies) 535 010 - - - - - - -
Water/Waste Disposal 535 030
Building Lease 537 010 - - - - - - - -
Custodial Services 539 220
Office Equipment Rental 537 030
Printing 533 030
Repairs 536 010
Fidelity Bond 538 210
Liability Insurance 534 020
Prlessional Services 531 200
Legal&Accountng 538 050
Auto Allowance 532 130 - - - - - - -
Advertising 533 010
Conferences&Seminars 531 180 - - - - - - -
Contraclual Services 539 120
CAPITAL OUTLAY
Furniture,Fixtures 541 330
Office Equipment,Computers 541 370
Other Equipment 541 320
TOTAL
Contractor Certification: I certify that the costs incurred are taken from the books of account and that such costs are valid and consistent with the terms of the agreement
NAME and TITLE OF AUTHORIZED OFFICER SIGNATURE and DATE
DISTRIBUTION:
1 Copy-Accounting
1 Copy-IAGM
1 Copy-Agency
ATTACHMENT 3
CITY OF FORT WORTH
INTERGOVERNMENTAL AFFAIRS AND GRANTS MANAGEMENT
CONTRACT MANAGEMENT DIVISION
EXPENDITURES WORKSHEET
Presbyterian Night Shelter
Agency Contract Number Date
Elderly& Infirmary To
Program Report Period
NO DATE CHECK NO PAYEE DESCRIPTION ACCOUNT NO. AMOUNT
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
TOTAL
TITLE OF AUTHORIZED OFFICER SIGNATURE AND DATE
Distribution:
1 copy-Accounting
1 copy-IAGM
1 copy-Agency
ATTACHMENT
CITY OF FORT WORTH
INTERGOVERNMENTAL AFFAIRS AND GRANTS MANAGEMENT
ESG 2004-2005
BRIDGE EMERGENCY SERVICES
1.NAME AND ADDRESS OF SUB-GRANTEE 2.PROJECT NAME: Elderly&Infirmary
Presbyterian Night Shelter 3.CONTRACT NO:
4.CONTRACT
2400 Cypress Street DATE 06/01/2004
FORT WORTH,TR 76102 4.DATE OF REQUEST:
MONTH&YEAR
5. PROGRAM SERVICES AND ACTIVITIES
CURRENT
I obLT.H CI!MI1LATfVF.
Residential Services:
Average Number Served Daily Adults:
Children:
Average Number Served Yearly(Unduplicated):
Non-Residential Services:
Average Number Served Daily:
6. RESIDENTIAL SERVICES DATA(Beneficiaries)
Enter Approximate Percentages of:
Unaccompanied 18 and Over Male: % Female: %
Unaccompanied under 18 Male: % Female:
Families With Children Beaded By:
Single 18 and Over Male: % Female:
Youth 18 and Under: Male: % Female:
Two Parents 18 and Over: %
Two Parents Under 18: %
Families With No Children: %,
On An Average Day,Percentage Of The Population Served Who Are:
Battered Spouse: %
Runaway/Throwaway Youth: %
Chronically Mentally III: %
Developmentally Disabled: %
HIV/AIDS: %
Alcohol Dependent Individuals: %
Drug Dependent Individuals: %
Elderly: %
Veterans: %
Physically Disabled: %
Other: %
8. CERTIFICATION: The undersigned hereby gives assurance that to the best of my knowledge and belief,the data included in this report is true and
accurate,and if a non-profit agency,has been approved by the governing body of the organization prior to submission.
Date: Submitted by: Phone Nuxn:
IAGNI/April 2002
ATTACHMENT 4
CITY OF FORT WORTH
INTERGOVERNMENTAL AFFAIRS AND GRANTS MANAGEMENT
ESG 2004-2005
BRIDGE EMERGENCY SERVICES
1.NAn1E AND ADDRESS OF SUB-GRANTEE 2.PROJECT NAi,IE: Elderly&infirmary
Presbyterian Night Shelter 3.CONTRACT NO:
4.CONTRACT
2400 Cypress Street DATE 06/01/2004
FORT WORTH,TX 76102 4.DATE OF REQUEST:
MONTH&YEAR
7. HOUSING SERVICES DATA(Data Associated with Residential Services)
Number of
Shelter Type Persons Housed
Barracks:
Group/Large House:
Scattered Site Apartment:
Single Family Detached House:
Single Rom Occupancy:
Mobile Home/Trailer:
Hotel/Motel:
Other:
Total:
8. ESG FUNDING SOURCES
Source of Funds Funding Amount Current Month Cumulative Total
ESG:
Other Federal:
Local Government:
Private:
Fees:
Other:
8. CERTIFICATION: The undersigned hereby gives assurance that to the best of my knowledge and belief,the data utcludcd in thitircl ort is true and
accurate,and if a non-profit agency,has been approved by the governing body of the organization prior to submission.
Date: Submitted by: Phone Num:
i -- lAGM/April 2002
ATTAMMENT 5
CITY OF FORT WORTH
INTERGOVERNMENTAL AFFAIRS AND GRANTS MANAGEMENT
1.Agency/Address 2.Project Name: Elderly&Infirmary
Presbyterian Night Shelter 3.Contract No: Contract Date: /01/04
2400 Cypress Street Contract Amount: $15,040
Fort Worth,TX 76102 4.Date of Request:
MONTH&YEAR
S. PROGRAM SERVICES AND ACTIVITIES: CURRENT CUMULATIVE
6. SCOPE OF WORK NARRATIVE:
7. PROBLEMS ENCOUNTERED / SOLUTIONS PROPOSED:
8. ANTICIPATED ACTIVITY DURING THE NEXT MONTH:
9. CERTIFICATION: The undersigned hereby gives assurance that to the best of my knowledge and belief,the data included in this report is true
and accurate,and if a non-profit agency,has been approved by the governing body of the organization prior to submission.
Date: Submitted by: Phone-Num:
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Page 1 of 3
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 6/8/2004
DATE: Tuesday, June 08, 2004
LOG NAME: 02ACTIVITY REFERENCE NO.: **C-20095
SUBJECT:
Community Development Block Grant Year XXX, Emergency Shelter Grant Year 2004-2005, and
Housing Opportunities for Persons with AIDS 2004-2005 Contract Activities
RECOMMENDATION:
It is recommended that the City Council:
Authorize the City Manager to execute Community Develoment Block Grant (CDBG) Year XXX,
Emergency Shelter Grant (ESG) Year 2004-2005 and Housing Opportunities for Person with AIDS
(HOPWA) Year 2004-2005, contracts with the following organizations to administer their respective
programs, contingent upon approval and receipt of adequate funding from the U.S. Department of Housing
and Urban Development (HUD), for a term beginning June 1, 2004, and ending May 31, 2005:
I. Community Development Block Grant (CDBG)
Contract with the listed agencies for an amount not to exceed the following:
Southside Area Ministries (SAM'S Kids) $ 4 ,610
Habitat for Humanity $14,762.00
REACH, Inc. $19,683.00
Centro Cultural de las Americas $27,540.00
Boys and Girls Clubs (NINOS) $19,829.00
Boys and Girls Club (KEYS) $18,266.00
JMAC Yough Center of Tarrant County $25,000.00
East Fort Worth Montessori $22,385.00
Latin Arts Associaton $17,250.00
Summerbridge Fort Worth $27,338.00
CJ's Studio of Perfoming Arts $9,000.00
Women's Center of Tarrant County $27,000.00
YWCA of Fort Worth (AIM) $20,986.00
YWCA of Fort Worth (Child Care) $150,000.00
Child Care Associates $130,000.00
Fort Worth Housing Authority (AMAKA) $30,000.00
YMCA $120,375.00
Clayton Child Care $60,000.00
Southside Area Ministries (Mid South Seniors) $2,570.00
Senior Citizen Services of Tarrant County (COMO) $17,597.00
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 6/14/2004
Page 2 of 3
Meals on Wheels $33,696.00
Senior Citizen Services of Tarrant County (RIVERSIDE) $15,271.00
Mental Health Association (OMBUDSMAN) $17,500.00
Mental Health Associstion (Advocate) $24,750.00
Northside Inter-Church Agency $28,933.00
Southside Area Ministries (Adult ESL) $3,500.00
Day Resource Center $30,000.00
Presbyterian Night Shelter (Bottle Deposit) $30,000.00
Job, Inc. $73,198.00
Fort Worth SER $72,224.00
A-PREP Center of Tarrant County $71,745.00
Fort Worth Economic Development Corp. (RLF) $51,908.00
TOTAL CDBG $1,216,916.00
II. Emergency Shelter Grant (ESG)
YWCA (Supportive Living) $13,500.00
Cornerstone Assistance Network $13,568.00
Presbyterian Night Shelter (Shelter) $151,308.00
Bridge Emergency Youth Services $7,082.00
Women's Haven of Tarrant County, I nc_ $21,683.00
Presbyterian Night Shelter (Infirmary) $15,040.00
MHMR of Tarrant County $16,117.00
YWCA(My Own Place) $19,794.00
TOTAL ESG $258,092.00
III. Housing Opportunities for Persons with HIV/AIDS (HOPWA)
AIDS Outreach Center, Inc. $462,620.00
Tarrant County Samaritan Housing, Inc. $242,539.00
AIDS Resources of Rural Texas $104,791.00
TOTAL HOPWA $809,950.00
DISCUSSION:
On April 6, 2004, the City Council approved and adopted the budgets and the appropriation ordinance
increasing estimated receipts and appropriations for the Thirtieth (30th) Year Community Development
Block Grant (CDBG), (2004-2005), Emergency Shelter Grant (ESG), and (2004-2005) Housing
Opportunities for Persons with AIDS (HOPWA), grant funds as part of the City's Consolidated Action Plan.
The Consolidated Action Plan, as adopted by the City Council, included program descriptions for each of
the above funded programs.
The above programs are consistent with the City's approved priorities and the City Council's prior policies
and meet the requirements of the Department of Housing and Urban Development (HUD) regulations
conceming eligible "activities."
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 6/14/2004
Page 3 of 3
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds will be available in the current operating budget, as appropriated,
of the Grants Fund contingent upon approval and receipt of adequate funding from the U.S. Department of
Housing and Urban Development (HUD) for the term beginning June 1, 2004, and ending May 31, 2005.
TO Fund/Account/Centers FROM Fund/Account/Centers
GR76 5 $258,092.00
(VARIOUS) XXX206931XXX
GR76 5 $809,950.00
(VARIOUS) XXX206932XXX
GR76 5 $1,216,916.00
(VARIOUS) XXX206929XXX
Submitted for City Manager's Office by: Charles Boswell (8511)
Originating Department Head: Bridgette Garrett (6183)
Additional Information Contact: Deidra Emerson (7563)
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 6/14/1004