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Home My WebLink AboutContract 33773 CITY SECRETAR CONTRACT NO. 537a AMENDMENT TO CITY SECRETARY CONTRACT NO. 31971 WHEREAS, on June 29, 2005, the City of Fort Worth("City") and AIDS Outreach Center Inc. ("Contractor") made and entered into City Secretary Contract No. 31971 (the "Contract"); WHEREAS, the Contract provided funding to Contractor pursuant to a grant received by City from the United States Department of Housing and Urban Development ("HUD") under the AIDS Housing Opportunity Act, as amended, (42 USC 12901 et seq.) for utilization in connection with the Housing Opportunities for Persons with AIDS ("HOPWA") program, Program No. TXH-05-MC-F002, for Year 2005-2006; WHEREAS, the HOPWA program provides housing assistance and related support services to low-income persons with HIV/AIDS and their families; WHEREAS, City has been designated by HUD to service Tarrant, Johnson, Wise and Parker Counties through HOPWA; WHEREAS,the Contract expires by its terms on May 31, 2006; WHEREAS, it the mutual desire of City and Contractor to extend City Secretary Contract No. 31971. NOW, THEREFORE, City, whose address is 1000 Throckmorton St., Fort Worth TX 76102, acting by and through Dale A. Fisseler, its duly authorized Assistant City Manager, and AIDS Outreach Center Inc, whose address is 801 West Cannon, Fort Worth, TX 76104 ("Contractor"), acting by and through Dara Austin, its duly authorized Executive Director, do hereby agree as follows: I. 1. Scope of Services This section is amended to be and read as follows by adding new subsections a and b: "a. Contractor will administer HOPWA services to citizens of the City of Fort Worth under program name Outreach("Program") for the term from June 1, 2005 to June 30, 2006." "a. Contractor agrees to meet the National Objective of activities benefiting low and moderate-income individuals and to maintain full documentation supporting fulfillment of this National Objective in its files. All such documentation shall be furnished to City upon request if necessary for City to fulfill its obligations under its Federal grant. If this documentation is not maintained and furnished to City on request, City may exercise all remedies available under this Contract, including the right to withhold payment to Contractor on this Contract or any other contract with Contractor, or terminate this Contract as described herein." CONTRACT AMENDMENT CSC NO.31971 ��& ® �ISV � 0g 1 e AIDS Outreac~Center,I-lORNA) � 07-13-06 A09 : 0,7 IN �nJJ:�Jl� UCa II. 2. Compensation and Method of Payment This section is amended to be and read as follows by adding new subsection b.: "b. Payment will be processed by City following receipt from Contractor of the following monthly financial documents: (1) Attachment I- Request For Funds, (2) Attachment II- Detail Statement of Costs, and (3) Attachment III-Expenditures Worksheet. Payment by City to Contractor shall require completion of all City forms and copies of adequate supporting documentation verifying eligibility of expenses as well as, where applicable, eligibility of Program participants. Reimbursement for the payment of eligible expenses shall be made against the budget specified in Exhibit C-Program Operating Budget and in accordance with performance specified in Exhibit B-Program Services Schedule. City is under no obligation to disburse funds for expenditures that occurred prior to the first day of the month for which the reports are submitted." III. 3. Uniform Administrative Requirements and Program Management Standards This section is amended to be and read as follows by adding new subsection b.: "c. Documentation and Record Keeping i. Requirement Contractor shall maintain all records pertinent to the activities to be funded under this Contract required in 24 CFR § 574.530. In addition, Contractor agrees to keep records to fully document all expenditures charged to the HOPWA portion of the Program, including records documenting the eligibility of Program participants as more particularly described herein. The documentation must support the amounts charged to the Program,the eligibility of the Program participants, and demonstrate that the expenditures were appropriate to the stated goals of the Program and allowable and/or eligible under applicable Federal, state and City guidelines." IV. 4. Reporting Procedures This section is amended to be and read as follows by adding new subsection e.: "e. Program Participant Records i. Contractor will keep or cause to be kept an accurate record of all actions taken and all HOPWA Funds expended, with source documents, in performance of this Contract. Such records shall be kept for the time period mandated by the HOPWA and CDBG Regulations and this Contract. ii. Contractor will obtain and keep on file and furnish to City on request the following information and/or documentation on each Program participant served by the Program demonstrating such participant's eligibility for services provided: CONTRACT AMENDMENT CSC NO.31971 r� 1�5V �p ge 2 AIDS Outreach Center(HOPWA) � til Jig, a. Participant's name, address, annual income level or other basis for determining income eligibility, and family size of participant's household. b. Source documentation used for income verification including but not limited to pay check stubs, food stamp award letters, income tax returns, SSI award letters, letters awarding unemployment benefits, W2s and the like. c. City shall have the final determination, in its sole discretion, as to whether source documentation used for income verification is adequate. " V. 6. Applicable Laws Subsection a. Federal of this section is amended to be and read as follows by adding the following: • "Regulations at 24 CFR Part 570 pertaining to CDBG ("CDBG Regulations") • Regulations at 24 CFR Part 574 pertaining to HOPWA("HOPWA Regulations") • The Americans with Disabilities Act of 1990 (42 USC 12101 et seq)" Subsection c. Other Laws of this section is amended to be and read as follows: "c. 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 applicable City ordinances, rules and regulations and the AIDS Housing Opportunity Act, as amended, (42 USC 12901 et seq.), the Housing Opportunities for Persons with AIDS Regulations, as amended, (24 CFR Part 574 et seq.) and the Community Development Block Grant Entitlement Program Regulations, as amended, (24 CFR Part 570 et seq.). Contractor further promises and agrees that it has read, and is familiar with, the terms and conditions of the Housing Opportunities for Persons with Aids program, and its related regulations, under which HOPWA Funds are granted and any applicable provisions of the HOPWA and CDBG Regulations and that it will fully comply with them. It is agreed and understood that, if City notifies Contractor of 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. Vl. 14. Termination Subsection a. of this section is amended to be and read as follows: "a. In addition to, and not in substitution for, other provisions of this Contract regarding the provision of public services with HOPWA Funds, pursuant to the AIDS Housing Opportunity Act, as amended, (42 USC 12901 et seq.) the HOPWA Regulations and the CDBG Regulations, it is expressly understood and agreed by and between the Parties that this Contract is wholly conditioned upon the actual receipt by City of Federal HOPWA Year XXXI funds; that all monies distributed to Contractor hereunder shall be exclusively from Federal monies received under said grant and not from an ones-f-- '' and CONTRACT AMENDMENT CSC NO.31971 � wjs=1� 1i5V'Jk. oa e3 AIDS Outreach Center(HOPWA) It�1, j�� -- FT. WKWUH, TELA. that if such funds under City's grant are not timely forthcoming, in whole or in part, City may, at its sole discretion, terminate this Contract and City shall not be liable for payment for any work or services performed by Contractor under or in connection with this Contract." All other terms and conditions of City Secretary Contract No. 31971 not amended herein remain unaffected and in full force and effect, are binding upon the Parties, and are hereby ratified by the Parties. (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) CONTRACT AMENDMENT CSC NO.31971 OFFIC,W G�1✓uJ Page 4 AIDS Outreach Center(HOPWA) CITY M-; Al ' IN WITNESS WHEREOF, the parties hereto have execute t copies of this contract amendment in Fort Worth, Texas, this o .m ' day of ee , 2006. ATTEST: CITY OFF RT WORTH By: City Secrecy Dale Fisseler Assistant City Manager APPROVED AS TO FO)PM AND LEGALITY: -71 Assistant City Attorney AIDS OUTREAC C Etu reg- z/ve- NO M&C REQUIRED By., Dara Austin Executive Director STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on 7 2006 by Dale Fisseler Assistant City Manager, of the City of Fort WpIth, on&ehalf of the City of Fort Worth T ••pgif PJ6ic MARIA S.SANCHEZ , NOTARY PtJaUC N ARY PUBLIC, STATE F TEXAS y STATE OF TEXAS My COMM,Exp,12-14-2009 STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on ��1KC , 2006 by Dara Austin, Executive Director, of AIDS Out ach, on behalf of AIDS Outreach.CA,,,,.t-*,t�, Zit a - 4�.4N NOTARY PUBLIC, STATE Of Tk3eAS p`'e'r'"P'is•,, ANNA M. OLTMANNS Notary Public,State of Texas ' = My Commission Expires JUIy 01,2009 CONTRACT AMENDMENT CSC NO.31971' OFFICIAL ROD Page 9 AIDS Outreach(HOPWA) -- i i SECRETARY WTHI TEX,