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Contract 35854 (2)
0 STATE OF TEXAS CITY SECRETARY COUNTY OF TARR-ANT CONTRACT No. THIS contract ("Contfact") is made and entered into by and between the City of Fort Worth ("City"), whose address is 1000 Throckmorton St., Fort Worth Texas 76102, acting by and through Dale A. Fisseler, its duly authorized Assistant City Manager, and AIDS Resources of Rural Texas ("Contractor"), whose address is 250 Santa Fe, -uite 101 Weatherford, TX 76806, acting by and through Susan Baer its duly authorized Executive Dv- ctor (Sometimes City and Contractor are referred to individually as a "Party" and collectively as the "Pa ties".) WHEREAS, City has received grant monies from the United States Department of Housing and Urban Development ("H D") under the AIDS Housing Opportunity Act, as amended, (42 USC 12901 el seq.) for utilization in con ection with the Housing Opportunities for Persons with AIDS ("HOPWA") program, Grant No. TXH-07-MC-F002, for Year 2007-2008; WHEREAS, the objective of he HOPWA program is to address the needs of eligible persons associated with the challenge of living with HIV/AIDS and their families; WHEREAS, City has been designated by HUD to service Tarrant, Johnson, Hood and Parker Counties through HOPWA; WHEREAS, City citizens, the Community Development Council, and the City Council have determined that HOPWA programs are needed by the City's low and moderate-income citizens with documented HIV/AIDS status and their families as defined in 24 CFR 574.3(2). NOW,THEREFORE,THIS AGREEMENT FURTHER WITNESSETH: THAT, the Parties covenant and agree as follows: 1. Scope of Services a. Contractor will administer HOPWA services to citizens of the City of Fort Worth for the purpose of preventing homelessness of low-income persons with HIV/AIDS and their families under the program name Housing ("Program"), for the term June 1, 2007 to May 31, 2008. Contractor agrees to ensure the confidentiality of the name of any Program participant assisted under the Program and any other information regarding individuals receiving assistance. b. Contractor will provide the services and activities as set forth in Exhibit A-Program Summary in accordance with Exhibit B-Program Services Schedule. c. Contractor agrees to abide by the HOPWA Regulations, 24 CFR 24 574 el seq.) and will utilize HOPWA funds to benefit low income individuals with documented HIV/AIDS status and their families. Contractor agrees to conduct an annual assessment of the housing assistance and assure the adequate provision of the supportive services described in 24 CRR 574.300 (b)(7) to Program participants assisted with housing under this Contract. No fee except rent shall be charged of any Program participant for any housing or services provided with funds from this Contract. Contractor will comply with 24 CFR 574.310(e) regarding any termination of assistance. Contractor agrees to maintain full documentation supporting fulfilhnent of these requirements 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. F 1 a1 S 1 HOPWA YEAR XXXIII CONTRACT Rg4d 5"Ell . . AIDS Resources of Rural Texas d. City will monitor and evaluate Contractor's performance using the goals and performance standards required in this Contract. Substandard performance as determined by City monitoring will constitute non-compliance with this Contract. 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, procedures to suspend or terminate the Contract will be initiated. e. If applicable, Contractor shall comply and assist City in complying with the provisions of 24 CFR 574.630 regarding displacement,relocation and real property acquisition. f. Contractor agrees to take reasonable steps to ensure meaningful access to the program and associated activities by limited English proficient person. 2. Compensation and Method o f'Payment a. City will disburse HOPWA Year 2007-2008I funds ("HOPWA Funds") in an amount up to one hundred and fourteen thousand, one hundred and ninety eight and no/100 dollars, $114,198 to Contractor on a reimbursement of expenses basis. HOPWA Funds may be used to assist all forms of housing designed to prevent homelessness including emergency housing, shared housing arrangements, apartments, single room (SRO) occupancy dwellings, community residences, and supportive housing services such as case management, in accordance with 24 CFR 574.300. Contractor shall not use any HOPWA Funds for any prohibited activities as set forth in 24 CFR 574. 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 will not disburse funds for expenditures that occurred prior to the beginning date of the term of this Contract. c. Contractor agrees to utilize all disbursed HOPWA Funds for the benefit of the Program. Contractor agrees that all funds will be expended in accordance with Exhibit C-Program Operating Budget. Contractor may not increase or decrease line-item amounts in the approved HOPWA Funds portion of Exhibit C-Program Operating Budget without City's prior written approval. Contractor acknowledges and agrees that any HOPWA Funds not used in accordance with the HOPWA Regulations and terms of this Contract must be repaid to City. d. It is understood that the total cost for operation of this Program is $1,298,066 and that Contractor will obtain from other sources the remaining funds in excess of the HOPWA Funds as detailed in Exhibit C-Program Operating Budget. Contractor will notify City promptly of any additional funds it receives for operation of the Program, and City reserves the right to amend Exhibit C- Program Operating Budget in such instances. e. Contractor agrees to keep all HOPWA Funds 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. f. Contractor will not commingle HOPWA Funds with any other funds in any manner that would prevent City from readily identifying expenditures for operation of the Program. 3. Uniform Administrative Requirements and Program Management Standards a. Financial Management i. Accounting Standards HOPWA YEAR XXXIII CONTRACT Rev.05-18-07 AIDS Resources of Rural Texas Page 2 The Contractor agrees to comply with OMB Circular A-110, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and other Non-Profit Organizations", 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 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 d termining costs for the Program. b. 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. ii. Retention (1) All records pertaining to Program shall be retained for four (4) years following the termination of this Contract. Contractor may destroy Program records at the end of this four (4) year period if no outstanding audit finding exists. (2) Contractor will retain any Program loan records until four (4) years after the expiration of any loan. iii. Real Property Records Contractor shall maintain real property inventory records that clearly identify properties purchased,improved, or sold. Properties retained shall meet eligibility criteria and shall conform to the requirements of 24 CFR § 574.630. iv. Closeouts Contractor's obligation to City shall not end until all closeout requirements are completed. Activities during this closeout 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. v. Audits and Inspections (1) City, HUD, and the United States Comptroller General, or their respective representatives, shall have access to any books, documents, records and papers relating to the operations of Contractor under this Contract for the purpose of audit, examination, exception and transcription at all of Contractor's offices at all reasonable hours. (2) All non-federal entities that expend $500,000 or more in Federal funds within one (1) year, regardless of the source of the Federal award, 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, "Cost Principles for Non-Profit Organizations", and A-133, "Audits of States, Local Governments, and Non-Profit Organizations", 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 nine (9) months following the end of the period being audited and be submitted to City within thirty (30) days of its completion. Contractor's audit certification is attached hereto as Exhibit D - Audit Schedule Independent Audit Requirement. The Audit Schedule Form must be submitted to City within sixty (60) days of the end of the period being audited (Contractor's fiscal year). Costs of preparation of this audit may be an allowable expenditure of HOPWA Funds in an amount proportional to that of the HOPWA Funds HOPWA YEAR XXXIII CON�RACT Rev.05-18-07 AIDS Resources of Rural Texa Page 3 used in Contractor's total agency operating budget. Non-profit entities that expend less than $500,000 a year in Federal funds are exempt from Federal audit requirements for that year, but records must be available for review or audit by appropriate officials of the Federal agency, City, and General Accounting Office ("GAO"). (3) City reserves the right to perform an audit of Contractor's agency 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-133. Contractor agrees to allow access to all relevant books, records and materials. If such audit reveals a questioned practice or expenditur , such questions must be resolved within thirty (30) days after notice to Contracto If questions are not resolved within this period, City reserves the right to withhold f ther funding under this Contract and/or any other contract(s) with Contractor. (4) If as a re It of any audit it is determined that Contractor has misused, misapplied or misapprop fated all or any part of the HOPWA Funds, 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. 4. Reporting Procedures a. Financial Reports Contractor will submit to City on a monthly basis: (1) Attachment I-Request for Funds, (2) Attachment II-Detailed Statement of Costs, (3) Attachment III-Expenditures Worksheet, as applicable, for expenses incurred for services and activities accomplished by Contractor in performance of this Contract. Actual cash receipts for claimed expenditures must be provided at the time the request for funds is presented. The reports must be signed by a duly authorized agent of the Contractor �nd submitted by the 15" of the month following the month being reported. City is under no o ligation to disburse funds for expenditures that occurred prior to the first day of the month for which the report is submitted. b. Progress Reports Contractor will submit to City on a monthly basis as applicable to Program: (1) Attachment IVa- Program Services Report, (2) Attachment IVb-Tenant Based Rental Assistance-Direct Benefit Data Report, (3) IVc-Short-Term Rent/Mortgage and Utility Assistance-Direct Benefit Data Report, (4) Attachment IVd-Living Situation Counts (5) IVe-Supportive Services Report (6) Attachment VI- Client Data Report for services and activities undertaken by Contractor in performance of this Contract. The report will be signed by a duly authorized agent of Contractor and submitted by the 15`" of the month following the month that is reported. City will not disburse funds for expenditures that occurred prior to the beginning date of the term of this Contract. c. Procurement i. Compliance 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 under this Contract. ii. OMB Standards Contractor shall procure all materials, property, or services in accordance with the requirements of 24 CFR Part 84, Procurement Standards and Property Standards d. 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 Regulations and this Contract. n. 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: HOPWA YEAR XXXIII CONTRACT Rev.05-18-07 AIDS Resources of Rural Texas Page 4 a. Participant's name, documented HIV/AIDS status, 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, foo� stamp award letters, income tax returns, SSI award letters, letters awarding unemploy ent 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. 5. Reversion of Assets a. Contractor agrees to return to City any HOPWA Funds remaining on hand at the end of the Contract. b. All property purch sed with HOPWA Funds under this Contract will be used solely for operation of the Program. Contractor agrees to obtain City approval prior to purchase of property and 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 in City, and Contractor will deliver all such property to City for disposition at City's sole discretion at the termination of the Program. 6. Applicable Laws a. Federal Contractor agrees to comply with the following laws and the applicable regulations as they are currently written or are hereafter amended during performance of this Contract: • Aids Housing Opportunity Act, as amended, (42 USC 12901 et seq.) • Regulations at 24 CFR Part 574 pertaining to HOPWA ("HOPWA Regulations") • 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 Executive Orders 11375 and 12086 and as supplemented by 41 CFR Part 60 • The Age Discrimination in Employment Act of 1967 (29 USC 621) • The Age Discrimination Act of 1975 (42 USC 6101 et seq.) • Section 504 of the Rehabilitation Act of 1973 (29 USC 794 et seq.) and 24 CFR Part 8 where applicable • The Americans with Disabilities Act of 1990 (42 USC 12101 et seq) • National Environmental Policy Act of 1969, as amended, 42 USC 4321 et seq. ("NEPA") and the related authorities listed 24 CFR Part 58 • The Clean Air Act, as amended (42 USC 7401 et seq.), the Clean Water Act of 1977, as amended (33 USC 1251 et seq.) and the related EPA regulations at 40 CFR Part 15, as amended from time to time, and Executive Order 11738. In no event shall any amount of the assistance provided under this Contr ct be utilized with respect to a facility that has given rise to a conviction under the Clean Air Act or the Clean Water Act. • The Immigration Reform and Control Act of 1986 (8 USC 1101 et seq.), specifically including the provisions requiring employer verification of the legal status of its employees • The Americans with Disabilities Act of 1990 (42 USC 12101 et seq.) • Drug Free Workplace Act of 1988 (41 USC 701 et seq.) and 24 CFR Part 23, Subpart F • Regulations as 24 CFR Part 87 related to lobbying, including the requirement that certifications and disclosures be obtained from all covered persons • Executive Order 12549 and 24 CFR Part 5.105 (c) pertaining to restrictions on participation by ineligible, debarred, or suspended persons or entities. HOPWA YEAR XXXIII CONTRACT Rev.05-18-07 AIDS Resources of Rural Texas Page 5 b. Section 3 of the Housing and Urban Development Act of 1968, as amended, (12 USC 1701u et seq.) and its related regulations at 24 CFR Part 135 As the work to be performed under this Contract is on a project assisted under a program providing direct Federal financial assistance from HUD, Section 3 of 24 CFR 135.38 ("Section 3") requires that the following clause be inserted in all covered contracts ("Section 3 Clause"): "A. The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by 'UD assistance or HUD-assisted projects covered by Section 3, shall, to the greatest exten feasible, be directed to low- and very low-income persons, particularly persons who are recipi nts of HUD assistance for housing. B. The Parties t this contract agree to comply with HUD's regulations in 24 CFR Part 135, which implem nt Section 3. As evidenced by their execution of this contract, the Parties to this contract c rtify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. E. The contractor ,ill certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR Part 135. E Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. G. With respect to work performed in connection with Section 3 covered Indian housing assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b)." City and Contractor understand and agree that compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of HUD shall be a condition of the Federal financial assistance provided to the Program, binding upon City and Contractor, and their respective successors, assigns and subcontractors. Failure to fulfill these requirements shall subject Contractor and its subcontractors, and their respective successors and HOPWA YEAR XXXIII CONTRACT Rev. 05-18-07 AIDS Resources of Rural Texas Page 6 assigns, to those sanctions specified by the Grant Agreement through which Federal assistance is provided and to such sanctions as are specified by 24 CFR Part 135. c. Other Laws Contractor covenants and agrees that its officers, members, agents, employees, Program participants and st contractors shall abide by and comply with all other laws, Federal, state and local, relevant to 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.) and the HOPWA Reg ations, as amended, (24 CFR Part 574 et seq.). Contractor further promises and agrees that it has i ad, and is familiar with, the terms and conditions of the Housing Opportunities for Persons with ids program, and the HOPWA Regulations, under which HOPWA Funds are granted and that it will fully comply with them. It is agreed and understood that, if City notifies Contractor of any uch violation on the part of Contractor or any of its officers, members, agents, employees, Progra participants or subcontractors, then Contractor shall immediately desist from and correct such violation. 7. Nondiscrimination a. Contractor will not unlawfully discriminate against any person or persons because of sex, race, religion, age, disability, color, national origin, or familial status, nor will Contractor permit its officers, members, agents, employees, subcontractors or Program participants to engage in such discrimination. b. Contractor covenants that neither it not 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 Contract. e. This Contract is made and entered into with reference specifically to the ordinances codified at Chapter 17, Article 111, Division 3 "Discrimination in Employment Practices", of the City Code, and Contractor hereby covenants and agrees that Contractor, its officers, members, agents, employees and subcontractors, have fully complied 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. S. Probibition Against Interest HOPWA YEAR XXXIII CONTRACT Rev.05-18-07 AIDS Resources of Rural Texas Page 7 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 entered into in connection with the Program. b. No member, offic r, employee, or Program participant of Contractor or its subcontractors shall have a financial i Brest, direct or indirect, in this Contract or the HOPWA Funds transferred hereunder or be f ancially interested, directly or indirectly, in the sale to Contractor of any land, materials, supplies or services purchased with any HOPWA Funds transferred hereunder, except on behalf of Contra tor, as an officer, employee, member or Program participant. Any willful violation of this paragraph with the expressed or implied knowledge of Contractor or its subcontractors shall render this Contract voidable by City. 9. Minority and Women Business Enterprise Commitment Contractor agrees to abide by City's policy to involve Minority and Women Business Enterprises ("MWBEs") in all phases of 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. Contractor agrees to incorporate City Ordinance No. 15530, 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 MWBEs policy. 10. Non flssignment No assignment or delegation of duties under this Contract by Contractor shall be effective without City's prior written approval. 11. 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 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. 12. Indemnification, Insurance and Bonding HOPWA YEAR XXXIII CONTRACT Rev.05-18-07 AIDS Resources of Rural Texas Page 8 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/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 OF 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. CONTRACTOR AGREES TO AND SHALL RELEASE CITY, ITS AGENTS, EMPLOYEES, OFFICERS AND LEGAL REPRESENTATIVES FROM ALL LIABILITY FOR INJURY, DEATH, DAMAGE OR LOSS TO PERSONS OR PROPERTY SUSTAINED IN CONNECTION WITH OR INCIDENTAL TO PERFORMANCE UNDER THIS CONTRACT, EVEN IF THE INJURY, DEATH, DAMAGE OR LOSS IS CAUSED BY THE CITY'S SOLE OR CONCURRENT NEGLIGENCE. CONTRACTOR SHALL REQUIRE ALL OF ITS SUBCONTRACTORS TO INCLUDE IN THEIR SUBCONTRACTS A RELEASE AND INDEMNITY IN FAVOR OF THE CITY IN SUBSTANTIALLY THE SAME FORM AS ABOVE. b. Contractor will maintain blanket fidelity coverage in the form of a bond in the amount of $114,198, 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 HOPWA Funds 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 HOPWA YEAR XXXIII CONTRACT Rev.05-18-07 AIDS Resources of Rural Texas Page 9 performance or nonperformance of this Contract. The amounts of such insurance shall not be less than the maximum liability that 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. e. Any failure on part of the 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 Contractor insurance policies shall be licensed to do business in the State of Texas by the Department of Insurance or be otherwise eligible and authorized to business in the state of Te as. Insurers shall be acceptable to City insofar as their financial strength and solvency and ach such company shall have a current minimum A.M. Best Key Rating Guide rating of . VII or other equivalent insurance industry standard rating unless otherwise approved by City. Deductible limits on insurance policies shall not exceed $5,000 per occurrence unless otherwise approved by City. f. Any local, federal or other regulatory insurance or bonding requirements for the Program that exceed those specified herein shall prevail. g. Contractor shall agree to require its subcontractors to maintain applicable insurance coverages, limits, and other requirements as those specified herein; and, Contractor shall require its subcontractors to provide Contractor with certificate(s) of insurance documenting such coverage. Also, Contractor shall require its subcontractors to have City and Contractor endorsed as additional insured (as their interests may appear) on their respective insurance policies. Contractor shall require its subcontractors to maintain builders risk insurance at the limit of applicable project(s) costs when the value of materials involved exceeds $10,000 or at a different limit value limit as specified by City. 13. Vaiver of'Immunity If Contractor is a charitable or nonprofit organization and 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. 14. Termination 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 , 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 Ye r 2007-2008 funds; that all monies distributed to Contractor hereunder shall be exclusively from ederal monies received under said grant and not from any other monies of City; and that if suc 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. b. City may terminate this Contract whenever such termination is determined to be in City's best interest, 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 HOPWA Funds paid hereunder are intended to provide only partial funding for Contractors program operations. City may terminate this ContractPWA Ink, ',n�C � HOPWA YEAR XXXIII CONTRACT �� AIDS Resources of Rural Texas "jai Pak 10 funds included in the Operating Budget are not forthcoming to Contractor during the Contract term. d. HOPWA Funds provided hereunder may not be used as collateral for loans to Contractor to defray program operation expenses, and any attempted use of HOPWA Funds for this purpose will result in termination of t is 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 and r the Contract on the date and to the extent specified by City; • Cease expendi res of HOPWA Funds, except as necessary for completion of the portions of the Contract n t terminated; and • Terminate all orders and contracts to the extent that they relate to portions of the Contract being terminated. f. Contractor will return to City any unused HOPWA Funds 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. 15. 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 erson for influencing or attempting to influence an officer or employee of any agency, a member f Congress, an officer or employee of Congress or an employee of a member of Congress in con ection with the awarding of any Federal contract, the making of any Federal grant, the making if 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. c. This certification is a material representation of fact upon which reliance was placed when this Contract was made or entered into. Submission of this certificate is a prerequisite for making or entering into this Contract imposed by 31 USC Section 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000.00 and not more than$100,000.00 for each such failure. 16. Miscellaneous Provisions a. All terms of this Co tract shall apply to any and all subcontractors of Contractor who are in any way paid with HOPWA Funds or who perform any work in connection with Contractor's program. b. The provisions of this Contract are severable, and,if for any reason a clause, sentence, paragraph or other part of this Contract shall be determined to be invalid by a court or Federal or state agency, board or commission having jurisdiction over the subject matter thereof, such invalidity shall not affect other provisions which can be given effect without the invalid provision. c. City's failure to insist upon the performance of any term or provision of this Contract 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. HOPWA YEAR XXXIII CONTRACT Rev.05-18-07 AIDS Resources of Rural Texas Page 11 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, venue for action shall he 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 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. f. All notices required or permitted by this Contract must be in writing and are deemed delivered on the earlier of the ate actually received or the third day following (i) deposit in a United States Postal Service pos office or receptacle; (ii) with proper postage (certified mail, return receipt requested); and (in addressed to the other Party at the address set out in the preamble of this Contract or at suc other address as the receiving Party designates by proper notice to the sending Party. g. In accordance with the requirements of 24 CFR Part 574.300, none of the performance rendered under this Contract shall involve, and no portion of the HOPWA Funds received hereunder shall be used, directly or indirectly, for the construction, operations, maintenance or administration of any sectarian or religious facility or activity, nor shall said performance rendered or funds received be utilized so as to benefit, directly or indirectly, any such sectarian or religious facility or activity. h. Contractor represents that it possesses the legal authority, pursuant to any proper, appropriate and official motion, resolution or action passed or taken, to enter into this Contract and to perform the responsibilities herein required. i. Contractor certifies that it has obtained a 501 (c) (3) Certificate from the Internal Revenue Service. Contractor shall notify City in writing of any changes to its 501 (c) (3) tax-exempt status during the term of this Contract. [SIGNATURES APPEAR ON FOLLOWING PAGE] HOPWA YEAR XXXIII CONTRACT Rev.05-18-07 AIDS Resources of Rural Texas Page 12 IN WITNESS WHEREOF, the Parties heAeto h ve execute e d ate originals of this Contract in Fort Worth,Tarrant County,Texas, this day of 200T CITY OF FORT WORTH AIDS Resources of Rural Texas Dale A. F issele.1 E. Susan Baer Assistant City Manager Executive Director APPROVED AS TO FORM AND LEGALITY: City Attorney Cc�r.traci.�A rhar?zatio� ATTEST: Date — City Secretary STATE OF TEXAS COUNTY OF TARRANT This instrument was acknowledged before me on ((/� 200 l by Dale A. Fisseler, the Assistant City Manager of the City of Fort Worth, o behalf of the C1hT of Fort Worth. ANA L.BRISENO Notary Public,State of Texas Notary Public, State of Texas My Commission Expires March 07,2011 ES: STATE OF TEXAS COUNTY OF TARRANT This instrument was acknowledged before me on �em , 200j by Susan Baer, the Executive Director of AIDS Resources of Rural Texas, a Texas non-profit corporation, on behalf of said corporation. ? �f LISA W.JUSTICE Notary Public, Stat f Texas KISTATE NOTARY PUBLIC OF TEXASmmission Expires 08-11-2007 HOPWA YEAR XXXIIII CONTRACTS Rev.05-18-07 AIDS Resources of Rural Texas ! ;+fw,�Qr Q ��' Page 13 AIDS Resources of Rural Texas EXHIBIT A Housing SCOPE OF SERVICES PROGRAM SUMMARY June 1, 2007 - May 31, 2008 $114,198 CONTRACT NO. I PERIOD AMOUNT i Scope of Services This Scope of Services is based on the proposal prepared and submitted by the Subrecipient through the City of Fort Worth and the Housing Depa lent Contract Management Division's annual Request for Proposal (RFP) process. However, in the event of any c nflict between the proposal and any provision contained herein, this Agreement shall control. In addition to the acti ities listed below, the Subrecipient agrees to operate this Housing Opportunities for Persons with AIDS program consistent with the program delivery stated in the approved proposal. The HOPWA program proposed will directly benefit HIV positive individuals in rural Tarrant, Johnson,Parker, and Wise Counties. By having access to housing assistance through ARRT's HOPWA program,clients can get help with both short-term and long-term housing needs locally. Client who are forced to leave rural areas because of the lack of services often migrate to cities where the only housing options available are through the already over-crowded homeless shelters. The ARRT HOPWA program will provide services to HIV/AIDS clients within the rural areas where they live. Provision of services begins with the initial client intake. All clients are assessed for all ARRT programs, including the ARRT HOPWA program, during the initial intake and throughout the on-going process of implementing the client's care plan. In order to qualify for the ARRT HOPWA program,the client must have documentation of his or her HIV status. Using federal formulas,the case manager explores with the client their financial status to determine eligibility using financial worksheets which were developed to assist in long-range planning for client self-sufficiency and HUD income limits. Before implementing the ARRT HOPWA program, the case manager will explore other housing options available in the community and make appropriate referrals. If the client is determined to be eligible for emergency/short-term assistance,the case manager develops an emergency assistance plan, including the period of assistance, and provides payment to the appropriate provider. HOPWA-funded housing and utility payments are paid once a month and are only paid directly to the provider of the service such as a landlord or utility company. If a client is determined to be eligible for long-term housing,the case manager develops a long-term housing plan, including the term of rental assistance, inspects the potential housing to ensure it complies with safe housing regulations,and pays the appropriate provider. The case manager is responsible for re-certifying client eligibility as appropriate. COUNCIL DISTRICT (S) - .ALL PROGRAM OBJECTIVES- ARRT will provide approximately 25 unduplicated HIV/AIDS clients with 160 units of tenant-based rental assistance(long-term) HOPWA services and 30 units of short-term rental assistance between June 1,2007 and May 31,2008. The measurable outcomes and indicators to be tracked as part of onitoring ARRT's HOPWA program are: • 80%of ARRT's clients an ally will demonstrate decreased frequency of emergency assistance provided as evidenced by a decrease in the number of teergency assistance requests. • 80%of ARRT's clients annually will demonstrate an improved and/or stabilized housing situation as evidenced by reported increases or stabilization of housing situations. In addition to the normal administrative services required as part of this contract, the Subrecipient agrees to document progress using reporting requirement specified in the Contract's Reporting Procedures, Progress Report( b). PROGRAM GOALS- The goal of the ARRT HOPWA program is to provide HOPWA services to eligible individuals with HIV or AIDS to prevent homelessness and foster self-sufficiency. PROGRAM SERVICES and ACTIVITIES Total Units of Services for Year Unduplicated Clients 25 Tenant Based Rental Assistance 160 Short-term/Emergency Assistance 30 I m F- m_ x _ w uo o 0 'O N (0 M L M N L. R M LL J � (O Id, M 00 0 ca 0 N = ' U � �/�► L v J Z N ON W U_ 0 o Q > N '= p N W ry �- W L = Q O to M N �� LO Oc/// a Cl) Cl) = O Cl ry N +N+ U C fn Y fA fA N Q N � N V Q m C aD m E m Q) I F- E z fE z cn F- cn CITY OF FORT WORTH EXHIBIT C HOPWA Year 2007-2008 Page 1 of 3 CONTRACT PERIOD I From: 6/1/2007 To: 5/31/2008 Name of Sub Grantee Name of Program Program HOPWA Cost Category Budget Funds [a] [b] [c] [d] PERSONNEL SERVICES Salaries 589,510 9,400 218,700 215,853 47,650 97,907 FICA 45,097 719 16,732 16,513 3,645 7,488 Life Insurance 0 0 0 0 0 Health Insurance 74,554 1,546 24,988 32,806 9,767 5,447 Employment Tax-State 5,130 95 1,675 2,145 514 701 Employment Tax-Federal 0 0 0 0 0 0 Worker's Comp 5,057 82 1,649 2,113 507 706 Retirement 38,893 1,034 11,034 20,887 3,674 2,264 SUPPLIES Office Supplies 7,800 320 602 6,278 600 0 Postage 1,200 400 0 726 74 0 Teaching Aids 0 0 0 0 0 0 Other Operating Expenses 65,467 0 7,000 57,154 1,313 0 CONTRACTUAL SERVICES Telephone 15,000 450 1,100 11,950 1,500 0 Electric 12,000 800 1,300 8,400 600 900 Rent[Building] 85,185 6,000 13,000 52,113 1,200 12,872 Custodial Services 5,100 0 0 4,715 0 385 Office Equipment Rental 5,460 455 0 4,050 0 955 Printing 420 0 0 420 0 0 Fidelity Bond 0 0 0 0 0 0 Liability Insurance 9,720 347 0 9,373 0 0 Legal&Accounting 7,800 0 750 4,725 0 2,325 Medical Malpractice 23,000 0 23,000 0 0 0 Private Auto Allowance- Local 12,216 150 5,760 3,429 2,122 755 Conference& Seminars 2,210 0 2,210 0 0 0 Medical Contractual Services 92,076 0 58,450 33,458 0 168 Other(Various) 46,530 0 2,050 31,463 0 13,017 HOUSING ASSISTANCE Rent/Mortgage/Utility Assistance 148,641 92,400 0 56,241 0 0 CAPITAL OUTLAY Office Furniture 0 0 0 0 0 0 Office Equipment, Computers 0 0 0 0 0 0 Other: [Description] 01 0 0 0 0 0 TOTAL $ 1,298,066 $ 114,198 $ 390,000 $ 574,812 $ 73,166 $ 145,890 I MATCHING FUND SOURCES [a] HRSA [b] Tarrant County [c] MHMR [d] Other Grant/Unrestricted. Inc. J Q I BUDGET DETAIL Page 2 of 3 PERSONNEL SERVICES HOURLY ANNUAL % OF POSITIONITITLE RATE HOURS TIME AMOUNT 1 Director of Social Services 17.98 2080 19.79% $ 7,400.00 2 Finance/Project Director 23.08 2080 4.17% $ 2,000.00 TOTAL STAFF SALARIES $ 9,400.00 FRINGE BENEFITS %OF %PAID % PAID CATEGORY PAYROLL AMOUNT BY AGENCY BY CDBG AMOUNT FICA 7.65% 719 $ 719.00 Life Insurance 0.00% - $ - Health Insurance 16.45% 1,546 $ 1,546.00 Employment Tax 1.01% 94 $ 95.00 Worker's Comp 87.00% 82 $ 82.00 Retirement 11.00% 1,034 $ 1,034.00 TOTAL FRINGE BENEFITS $ 3,476.00 TOTAL PERSONNEL SERVICES $ 12,876.00 it BUDGET DETAIL Page 3 of 3 UTILITIES AVG COST NUMBER OF CATEGORY PER MONTH MONTHS AMOUNT Telephone 37.5 12 $ 450.00 Electric 66.67 12 $ 800.00 Gas Waste/Water Disposal Other Total Utilities $ 1,250.00 BUILDING LEASE COST PER NUMBER OF BUILDING LOCATION NO. SO FT SO FT MONTHS AMOUNT 1 250 Santa Fe, Ste 101 Weatherford,TX 288 1.736 12 $ 6,000.00 2 TOTAL BUILDING LEASE $ 6,000.00 OTHER EXPENSES TOTAL %CHRGD CATEGORY CHARGE TO CDBG AMOUNT Fidelity Bond - 0.00% $ - Liability Insurance 9,720 3.57% $ 347.00 Legal&Accounting 7,800 0.00% $ - Office Supplies 7,800 4.10% $ 320.00 Postage 1,200 33.33% $ 400.00 Printing 420 0.00% $ - Mileage 12,216 1.23% $ 150.00 Advertising 2,400 0% $ - TOTAL OTHER EXPENSES $ 1,217.00 HOUSING ASSISTANCE TOTAL % CHRGD EVENT CHARGE TO CDBG AMOUNT 1 Long Term Housing 108,560 71.44% $ 77,560.00 2 Short Term Housing 40,081 37.03% $ 14,840.00 TOTAL HOUSING ASSISTANCE_ $ 92,400.00 OFFICE EQUIPMENT RENTAL TOTAL %CHRGD ITEM CHARGE TO CDBG AMOUNT 1 Copier Lease(2) 2,182 8.33% $ 182.00 2 Postage Machines(2) 1,076 8.33% $ 90.00 3 Telephone System Lease 2,202 8.33% $ 183.00 TOTAL OFFICE EQUIPMENT RENTAL $ 455.00 i EXHIBIT "D" AUDIT SCHEDULE INDEPENDENT AUDIT REQUIREMENT BUSINESS/AGENCY NAME: AIDS Resources of Rural Texas PROGRAM: I Housing HOPWA YEAR: 2007-2008 AMOUNT FUNDED: $114,198 Name of Independent Auditor who will perform agency audit: Independent Auditor to be contracted during HOPWA contract period. Date audit is to be performed: Within 60 days of completion of HOPWA 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$500,000 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 nine(9)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 HOPWA funds in an amount proportional to that of the HOPWA funds used in contractor's total agency operating budget. This form is to be completed and submitted to the Housing Department, Contract Management Division at the beginning of each contract year. i 1 e c�7'• �t� 1 +��.�/ Signature AIDS RESOURCE OF RURAL TEXAS EXHIBIT E Housing Program CONFLICT OF INTEREST HOPWA Applicants The standards in OMB Circular A-110, Subpart C, provide that no employee, officer, or agent shall participate in the selection, award, or administrati n of a contract supported by Federal funds if real or apparent conflict of interest would be involved. Such a conflict wo ld arise when an employee, officer, or agent,any member of his or her immediate family, his or her partner, or an rganization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in the firm selection for an award. CDBG and HOME Applica> is Only The CDBG regulations at 24 CF^ 570 570.611 and HOME regulations at 24 CFR 92.356 provide that no person who is an employee, agent, consultant, fficer, or elected official or appointed official of the recipient or Subrecipient that are receiving CDBG or HOME fund and (1)who exercises or has exercised any functions or responsibilities with respect to activities assisted with CDBG funds; or(2)who is in a position to participate in a decision-making process or gain inside information with regard to these activities, may obtain a financial interest from a CDBG-assisted or HOME-assisted activity,or have any interest in any contract, subcontract, or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with who they have family or business ties, during their tenure or for one(1)year thereafter. IF NO CONFLICTS EXIST, COMPLETE THE FOLLOWING: By checking appropriate box I certify that no conflict of interest exists between The City of Fort Worth and (Name of Organization) I certify that no conflict of interest exists between the subcontractors of and (Name of Organization) IF THERE IS A CONFLICT,COMPLETE THE FOLLOWING: I certify that a conflict of interest does exist between The City of Fort Worth and (Name of Organization) I certify that a conflic�of interest does exist between and (Name of subcontractor) (Name of Organization) Describe the nature of the conflict of interest below: (Please identify the individual,employment,and the conflict or potential conflict[their affiliation with your organization]) q .v-v- _ Signature of Authorized Ag cy Official Date Typed Name and Title CITY OF FORT WORTH Attachment HOUSING DEPARTMENT CONTRACT MANAGEMENT DIVISION REQUEST FOR FUNDS AGENCY: AIDS Resources of Rural Texas PROGRAM: Housing ADDRESS: PO BOX 1720 CONTRACT NUMBER: Weatherford, TX 76086 CONTRACT AMOUNT: $114,198.00 CONTRACT DATE: 6/1/2007 DATE OF REQUEST: I SECTION I (AGENCY) CURRENT MONTH CUMULATIVE 1. Reimbursement Request 1. Expenditures: $ $ 2. Income A. Program Income $ $ B. City of Fort Worth $ $ C. Interest Earned CDBG Funds $ $ 3. Reimbursement(1 minus 2) $ $ 11.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: GR76/529120/005206184040 C.Total Amount of this Request: $ SECTION III I. Verification A. Contract Compliance Specialist Aya Ealy (Name) (Signature) (Date) B. BYSPEED-Purchasing (Name) (Signature) (Date) C. Accounting _ (Name) (Signature) (Date) II.Authorization A. Agency —+ (Name) (Signature) (Date) B. Asst. Housing Director O.Emerson (Name) (Signature) (Date) C. Housing Director _ J. Walker (Name) (Signature) (Date) Note: Any Request for Funds that exceed$8500 must be signed by both Deidra Emerson and Jerome Walker CITY OF FORT WORTH ATTACHMENT II HOUSING DEPARTMENT CONTRACT MANAGEMENT DIVISION DETAIL STATEMENT OF COSTS AIDS Resources of Rural Texas AGENCY CONTRACT NO. DATE Housing TO PROGRAM REPORT PERIOD PROGRAM MONTHLY CUMULATIVE COST CATEGORY ACCOUNT BUDGET EXPENDITURES TO DATE BALANCE ADMINISTRATIVE EXPENSES Salaries 516 010 FICA 518 010 Life Insurance 518 050 Health Insurance 518 060 Disability Insurance 518040 Unemployment 518090 Legal and Accounting 538050 Office Supplies 521010 Posta e 521020 Telephone 535040 ADMINISTRATIVE EXPENSES SUB-TOTAL ADMINISTRATIVE EXPENSES PERCENT OF TOTAL COST = % SUPPORT SERVICES Salaries 516 010 FICA 518 010 Life Insurance 518 050 Health Insurance 518 060 Disability Insurance 508070 Unemployment-State 535 0-0 Worker's Compensation 535 0 0 Retirement 535 0 0 Office Supplies 537 010 Postage 539 220 Telephone 537 030 Electric 533 030 Audit 536 010 Lease 538 210 Custodial Services 534 020 Office Equipment Rental 538 050 Printing 532 130 Fidelity Bond 534026 Liability Insurance 532130 Private Auto Allowance 539120 Advertisement 532130 Conferences&Seminars 53912 Rent/Mortgage/Utilities Assistance 53912 Total Support Services TOTAL Contractors 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 DATE ATTACHMENT III CITY OF FORT WORTH HOUSING DEPARTMENT ` CONTRACT MANAGEMENT DIVISION EXPENDITURES WORKSHEET AIDS Resources of Rural Texas Agency Contract Number Date Housing _ TO Program REPORT PERIOD NO DATE CHECK PAYEE DESCRIPTION ACCOUNT NO. AMOUNT NO. 1 2 3 4 5 6 7 8 9 10 11 I2 13 14 15 16 17 18 19 20 21 22 23 24 26 TOTAL TITLE OF AUTHORIZED OFFICER SIGNATURE and DATE 3 Attachment 4A CITY OF FORT WORTH HOUSING DEPARTMENT HOPWA 1. Name and Address of Subgrantee: 2. Project Name: 3. Contract Number: 4. Contract Date: June 1 2007-May 31,2007 5. Date of Request: Month&Year 6. Program Services and Activites #Assisted HOPWA With Other Amount of CURRENT Cumulative Funds Other Funds Number of Unduplicated Clients(New Households Only) Provide Tenant Based Rental Assistance Payments Provide Short-Term Rental,Mortgage and Utility Assistance Number of Households AMOUNT OF #ASSISTED AMOUNT HOPWA HOPWA W/OTHER OF OTHER CURRENT FUNDS FUNDS FUNDS 7. Resource Idendification/Technical Assistance 8. Housing Information Services 9. Permanent Housing Placement Services 10. Monthly Income Groups of Households $0-250 $251-500 $501-1000 $1001-1500 $1501-2000 Over$2000 11. Tenant Based Rent SRO 1 Bedroom 2 Bedroom 3 Bedroom 4 Bedroom 5+ Current Month Cumulative 12. Rent, Mortgage, Utilities SRO 1 Bedroom 2 Bedroom 3 Bedroom 4 Bedroom 5+ Current Month Cumulative 13. 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 submisslon. DATE: Submitted by: Phone Num: CITY OF FORT WORTH Attachment 4B CONTRACT MANAGEMENT DIVISION HOPWA YEAR 2007-2008 1. Name and Address of Sub-Grantee 2. Project Name Housing AIDS Resources of Rural Texas P.O.Box 1720 Weatherford,TX 76086 3. Contract No. 4. Date of Request Month&Year Tenant Based Rental Assistance-TBRA American American Black Indian/Alaskan Native Hawaiian/Other Indian/Alaskan Race:Section Must be Completed) White African/American Asian Native Pacific Islander Native and White Current Month(New Individuals) Cumulative ................................................................................ ................................................................................ ................................................................................ ................................................................................ ................................................................................ ................................................................................ ................................................................................ American Indian/Alaskan Black/African Native&Black Other Multi- t�lff#C#fI` .. Asia and White American&White African American Racial l ispan[r................ htdn#is anic....:::::: Current Month Cumulative Female TBRA Male TBRA Beneficiary Data Total Age Participants Participants um er o persons(Adults an Children with HIV/AIDS who received Housing Assistance 17 and Under Number of Other Persons in Famil unit who received Housing Assistance 18 to 30 Years Households Previously Homeless 31 to 50 Years Of Previously Homeless Households,list those who were 51 Years and Chronically Homeless Older Total Female Head of Household Current Month Cumulative 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 No. Step 1: Ethnicity-Report whether client identifies themselves as Hispanic or Non-Hispanic 2:Race-Identify the category chosen by the cliend CITY OF FORT WORTH Attachment 4C CONTRACT MANAGEMENT DIVISION HOPWA YEAR2007-2008 1. Name and Address of Sub-Grantee AIDS Resources of Rural Texas 2. Project Name Housing P.O.Box 1720 Weatherford,TX 76086 j3. Contract No. 4. Date of Request Month&Year Short-Term Rent Mortgage Utility Assistance-STRMU American American Black Indian/Alaskan Native Hawaiian/Other Indian/Alaskan Race:Section Must be Completed) White African/American Asian Native Pacific Islander Native and White Current Month(New individuals) Cumulative ................................................................................ ................................................................................ ................................................................................ ................................................................................ ................................................................................ ................................................................................ ................................................................................ ................................................................................ ................................................................................ me is n A r a n India/Alaskan Black/African Native 8 Black Other Multi- h(1{t;Ef� nd White AmericanBWhite African American Racial Asian a t Af tca 4 F:: ...... ` ` FS1fC'':l ?!':f Current Month Cumulative Female STRMU Male STRMU Beneficiary Data Total Age Participants Participants Number of persons(Adults and Children with HIV/AIDS who received Housing Assistance 17 and Under Number of Other Persons in family unit who received Housing Assistance 18 to 30 Years Number Assisted with Mortgage Assistance 31 to 50 Years 51 Years and Older Total Female Head of Household Current Month Cumulative 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 No. Step 1: Ethnicity-Report whether client identifies themselves as Hispanic or Non-Hispanic 2:Race-Identify the category chosen by the clientt 0 Q `a c O m C c m m 0 v r 0 N V E C N o c ' is LL _ of a+ r a) Q. >C o O -C a) N cn C c0 0 o C CU '> cv C O U _ h o L°i E " cn a c m s a� ::pit:: o `�° E N O O '> m ca a z g O � a Z> c = po w a) F N O > W O L cr C9 Q' N Q O Q e0 Z G! R o O Q Z a m R p } U a d otf U Q C r c = C U 0 C a v z o O N C1 c U m a t m a� a a m v a a m 3 0 0 v a m � N w � C U N c •«� H 'ins, N LL. ++ l4 s:++.:: C f— t U N a Q) Q) U c0 C C cn m f/) ::E?: Q) O L U N C L = t0 C 3 o v o_ m 4 o in O 7 is � CD J :'� N •� Q) t�Q C � N :Y � O cII cu iv cn 3 _= 2n a) cn ca c� L C a) C a� ai n cn E c =C w 'M: 0 E cn o o 0 > a) ca L m CITY OF FORT WORTH Attaohmont4E CONTRACT MANAGEMENT DIVISION r \ 0 E « � 0 � @ 0 CL @ 0 / E . . 3 .0 / � - E k " k = t e £ M 0 2 § 0- -0 � 0 E LLI It 0. W. ` k 0 p Im� � k E � ' 2 wCo e % 0 § d v 0 ° o ■ t 22 0 � 2 R k 4, $ RW W k2 k 13 J 4 £ § V o — .0 # CL t $ E g U- k } ■ @ ■ e § 2 9 2 0 # k / ( o � / = c 2 \ � 0 2 § 21 7 < 0 0 k uo J � / � t 2 o v o © -0 0 E 4) e k © ■ E e a wRak 4) \ ] k � k E 2 3 / p Page 1 of City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 6/19/2007 DATE: Tuesday, June 19, 2007 LOG NAME: 05060507ACTIVIT REFERENCE NO.: C-22201 SUBJECT: Authorize Execution of Community Development Block Grant Year XXXIII, Emergency Shelter Grant Year 2007-2008 and Housing Opportunities for Persons with AIDS 2007-2008 Contracts RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to execute Community Development Block Grant (CDBG) Year XXXIII, Emergency Shelter Grant (ESG) Year 2007-2008 and Housing Opportunities for Persons with AIDS (HOWPA) Year 2007-2008, contracts with the listed 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, 2007, and ending May 31, 2008; 2. Authorize the City Manager to extend or renew the contracts for up to one year if an organization requests an extension and such extension is necessary for completion of the project; and 3. Authorize the City Manager or his designee to amend the contract, if necessary, to achieve program goals, provided the amendment is within the scope of the project and in compliance with all applicable laws and regulations governing the use of federal grant funds. I. Community Development Block Grant(QDBGj Organization Amount(Not to Exceed) Centro Cultural de [as Americas $20,077.00 Southside Youth Association $10,000.00 Summerbridge-Summerbridge Program $22,500.00 Cooks Children's-Save.i,Smile $24,300.00 ESTRELLAS-Boys and Girls Clubs $16,000.00 All Church Home (Bridge)-Buffalo Soldiers $16,200.00 JMAC Youth Center $25,000.00 Latin Arts Association-Theater Skills Program $12,600.00 Clayton Child Care-Greenbriar $18,000.00 CJ's Studio of Performing Arts $12,096.00 Near Northside Partners Council $16,639.00 Women's Center-Play It Safe $19,683.00 YWCA-Child Development $135,000.00 Child Care Associates-Pre-School Child Care $117,000.00 FWHA-AMAKA Child Care Center $27,000.00 Clayton Child Care-School Age Child Care $54,000.00 Tarrant Area Food Bank-Community Kitchen $20,000.00 http://www.cfwnet.org/council_packet/Reports/mc_print.asp 10/2/2007 Page 2 of Bottle Bounty Deposit $20,000.00 Senior Citizens Services of Tarrant County-COMO $17,597.00 Senior Citizens Services of Tarrant County-RIVERSIDE $15,271.00 Meals on Wheels $33,696.00 Mental Health Associaton of Tarrant County-OMBUDSMAN $17,500.00 Mental Health Associaton of Tarrant County-Mental Health Advocate $24,750.00 United Community Centers-Crisis Intervention $18,000.00 Northside Interchurch ,Agency $23,436.00 Day Resource Center Security $21,870.00 NSEAM $17,000.00 MASS, Inc. $30,000.00 REACH, Inc.- Project Ramp $15,000.00 YWCA-Ben & Jerry's Job Trainng/Job Placement $14,748.00 Fort Worth SER-Northside Resource Center $46,800.00 A-Prep Center of Tarrant County $67,197.00 TOTAL CDBG: $948,960.00 II. Emergency Shelter Grant ESG Organization Amount(Not to Exceed) YWCA-Supportive Living $10,742.00 Cornerstone Assistance $13,000.00 Presbyterian Night Shelter $136,177.00 Cenikor Foundation $10,681.00 SafeHaven of Tarrant County $17,700.00 Presbyterian Night Shelter $11,864.00 Mental Health Mental Retardation of Tarrant County $12,650.00 YWCA-My Own Place $15,331.00 Parents And Chldren Together, Inc. $16,521.00 Safehaven of Tarrant County-Childcare $12,700.00 TOTAL ESG: $257,366.00 III. Housing Opportunities; for Persons with HIV/AIDS (HOPWA) Organization Amount(Not to Exceed) AIDS Outreach $436,242.00 Tarrant county Samaritan Housing $248,170.00 AIDS Outreach Rural Texas $114,198.00 TOTAL HOPWA: $798,610.00 DISCUSSION: On April 10, 2007, the City Council adopted the budgets and the appropriation ordinance increasing estimated receipts and appropriations for the Year XXXIII (June 1, 2007 to May 31, 2008) Community Development Block Grant (CDBG) grant funds, (2007-2008) Emergency Shelter Grant (ESG) grant funds and (2007-2008) Housing Opportunities for Persons with AIDS (HOPWA) grant funds as part of the City's Consolidated Plan and Consolidated Action Plan. The Consolidated Plan, as adopted by the City Council, included program descriptions on each program listed above. http://www.cfwnet.org/council_pac,ket/Reports/mc_print.asp 10/2/2007 Page 3 of The above programs are consistent with the City's approved funding policies and priorities. Each program meets the requirements of the Department of Housing and Urban Development (HUD) regulations defining "eligible activity." These programs provide services citywide. FISCAL INFORMATION/C RTIFICATION: The Finance Director certifi Ds that funds will be available in the current operating budget as appropriated, in 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, 2007, and ending May 31, 2008. TO Fund/Account/C�enters FROM Fund/Account/Centers GR76 539120 005206184XXX $798,610.00 GR76 539120 005206183XXX $257,366.00 GR76 539120 00520618OXXX $948,960.00 Submitted for City Manager's Office b Dale Fisseler (6266) Originating Department Head: Jerome Walker(7537) Additional Information Contact: Deidra Emerson (7563) http://www.cfwnet.org/council_packet/Reports/mc_print.asp 10/2/2007