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Contract 40878
CITY SECRETARY STATE OF TEXAS § CONTRACT NO _9„1, „ COUNTY OF TARRANT § THIS contract ("Contract") 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 T.M. Higgins, its duly authorized Assistant City Manager, and AIDS Resources of Rural Texas ("Contractor"), whose address is 250 Sante Fe Drive, Ste. 101, Weatherford, Texas, 76086, acting by and through Ms. Lisa Justice, its duly authorize Executive Director. (Sometimes City and Contractor are referred to individually as a"Party" and collectively as the "Parties".) WHEREAS, City has received grant monies 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, Grant No. TXH-10-F002, for Year XXXVI; 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 Outreach ("Program"), for the term June 1, 2010 to May 31, 2011. 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 et 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 OFFICIAL RECORD HOPWA YEAR XXXVI CONTRACT CITY SECRETARNOtev.05-14-10 AIDS Resource of Rural Texas I ' P 1=0R�` YOR 4 f Page 1 o 4 assistance. Contractor agrees to maintain full documentation supporting fulfillment 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. 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, including noncompliance with any applicable regulation of the U.S. Department of Housing and Urban Development, 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; uniform administrative requirements and cost principles; employment and contracting opportunities; use of debarred, suspended, or ineligible contractors or subrecipients; eligibility restrictions for certain resident aliens; conflict of interest, and other requirements f. Contractor agrees to take reasonable steps to ensure meaningful access to the program and associated activities by limited English proficient person, pursuant to Title VI of the Civil Rights Act of 1964. In addition, all notices and communications regarding the Program shall be provided in a manner that is effective for persons with hearing, visual, and other communication-related disabilities, consistent with section 504 of the Rehabilitation Act of 1973 and implementing regulations at 24 CFR 8.6. 2. Compensation and Method of Payment a. City will disburse HOPWA Year XXXVI funds ("HOPWA Funds") in an amount up to ONE HUNDRED NINE THOUSAND NINE HUNDRED THIRTY-NINE NO/CENTS DOLLARS $109,939 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. Contractor is acting as a Project Sponsor for the purposes of this Contract in carrying out the agreed-upon eligible activities as set forth in Exhibit A- Program Summary. 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 YEAR XXXVI CONTRACT Rev.05-14-10 AIDS Resource of Rural Texas Page 2 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 $1,349,600 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 to ensure compliance with HUD regulations governing cost allocation. 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 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 determining eligible and allocable 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. Record Retention (1)All records pertaining to, including but not limited to any books, documents, and papers, 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. This provision shall survive the termination or expiration of this Contract. (2) Contractor will retain any Program loan records until four (4) years after the expiration of any loan. HOPWA YEAR XXXVI CONTRACT Rev.05-14-10 AIDS Resource of Rural Texas Page 3 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 and verification of compliance with record retention requirements. v. Audits and Inspections (1) City, HUD, and the United States Comptroller General, or their respective representatives, shall have access for four (4) years following the termination of this Contract 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. This provision shall survive the termination or expiration of this Contract. (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, (known as a Single Audit), 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 Certification Form. The Audit Certification 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 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) All non-federal entities acting as a Subrecipient for City grant funds that expend less than $500,000 in any federal funds within one year must submit to City an annual financial audit or annual audited financial statements that cover either Contractor's fiscal year during which this Contract is in force or cover the period of this Contract. The audit or financial statements must be submitted to City within thirty (30) days of its completion. (4) Contractor shall submit the following to the City: (1) a copy of Contractor's annual financial report to its Board of Directors and (2) a copy of its annual filed Internal Revenue Service Form 990, Form 990-EZ, or Form 990-N. (5) 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 HOPWA YEAR XXXVI CONTRACT Rev. 05-14-10 AIDS Resource of Rural Texas Page 4 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 expenditure, such questions must be resolved within thirty (30) days after notice to Contractor. If questions are not resolved within this period, City reserves the right to withhold further funding under this Contract and/or any other contract(s) with Contractor. (6) If as a result of any audit it is determined that Contractor has misused, misapplied or misappropriated 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 and submitted by the 15th of the month following the month being reported. City is under no obligation 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) IVf- Supportive Services- Direct Benefit Data (7) 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 15th 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. 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: HOPWA YEAR XXXVI CONTRACT Rev.05-14-10 AIDS Resource of Rural Texas Page 5 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, food stamp award letters, income tax returns, SSI award letters, letters awarding unemployment benefits, W2s and the like. c. Necessary documentation to support expenditures related to Tenant-Based Rental Assistance (TBRA), and/or Short-Term Rent, Mortgage, and Utility Assistance, including current, applicable Fair Market Rent (FMR), utility allowances, enforceable lease agreements, housing inspections, and other requirements set forth in 24 CFR 574 related to specific activities administered. d. 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 purchased 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 62 1) • 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 Contract be utilized with respect to a facility that has given rise to a conviction under the Clean Air Act or the Clean Water Act. HOPWA YEAR XXXVI CONTRACT Rev.05-14-10 AIDS Resource of Rural Texas Page 6 • 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.) , 24 CFR Part 21, 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. • Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et seq.), as amended by the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851 et seq.) and implementing regulations at 24 CFR part 35, subparts A, B, M, and R • Uniform Administrative Requirements of 24 CFR part 85 • Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act • Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act(Pub. L. 94A 163, 89 Stat. 87 1) • For contracts and subgrants for construction or repair, Copeland "Anti-Kickback" Act (18 U.S.C. 874) as supplemented in 29 CFR Part 3 • For construction contracts in excess of $2,000 awarded by Contractor when required by Federal grant program legislation, Davis-Bacon Act (40 U.S.C. 276a to 276a-7) as supplemented in 29 CFR Part 5 • For construction contracts awarded by Contractor in excess of $2,000, and in excess of $2,500 for other contracts which involve the employment of mechanics or laborers, Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327A 330) as supplemented by 29 CFR Part 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 If 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"). Such covered contracts or activities include CDBG-funded construction, reconstruction, conversion or rehabilitation of housing as set forth in 24 CFR 135.5. 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 HUD assistance or HUD-assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. B. The Parties to this contract agree to comply with HUD's regulations in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this contract, the Parties to this contract certify 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 HOPWA YEAR XXXVI CONTRACT Rev. 05-14-10 AIDS Resource of Rural Texas Page 7 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 will 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. F. 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 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 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.) and the HOPWA Regulations, as amended, (24 CFR Part 574 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 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 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. HOPWA YEAR XXXVI CONTRACT Rev.05-14-10 AIDS Resource of Rural Texas Page 8 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 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 Contract. e. This Contract 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, 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. f. City shall not discriminate against Contractor on the basis of the organization's religious character or affiliation, if applicable. If Contractor is a religious organization, Contractor shall not engage in inherently religious activities as part of the Program, though Contractor may engage in such activities if they are offered separately, in time or location, from the Program, and participation must be voluntary for Program participants. Contractor, if it is a faith-based organization, may use space in its facilities to provide HOPWA-funded services, without removing religious art, icons, scriptures, or other religious symbols. Contractor shall not, in providing Program assistance, discriminate against a Program participant or prospective program participant on the basis of religion or religious belief. 8. Prohibition Against Interest HOPWA YEAR XXXVI CONTRACT Rev. 05-14-10 AIDS Resource of Rural Texas Page 9 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, officer, employee, or Program participant of Contractor or its subcontractors shall have a financial interest, direct or indirect, in this Contract or the HOPWA Funds transferred hereunder or be financially 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 Contractor, 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-Assignment No assignment, delegation of duties, or subcontract under this Contract by Contractor shall be effective without City's prior written approval. If such assignment, delegation, or subcontract occurs, Contractor such assignment or subcontract shall be upon and subject to all of the terms, covenants, and conditions contained in this Contract, and Contractor shall continue to remain liable thereunder. Upon any subsequent assignment or subcontract, each subcontractor or subsequent assignee shall continue to be and remain liable hereunder. Within thirty (30) days after the execution and delivery of any such assignment or subcontract, Contractor shall furnish to City a duplicate original of the subcontract or assignment which shall contain an assumption by the assignee or subcontractor of all of the obligations of Contractor under this Contract. Contractor will defend, indemnify and hold City harmless against (1) any claims or allegations asserted by third parties or subcontractors against City and (2) any requirement of repayment of non- federal monies by HUD arising out of Contractor's and/or its subcontractors' alleged failure to comply with the requirements of this Contract. 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 respondent superior shall not apply as between City and Contractor. its officers, members, HOPWA YEAR XXXVI CONTRACT Rev.05-14-10 AIDS Resource of Rural Texas Page 10 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 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 HIND 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 HINDS 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 HOPWA YEAR XXXVI CONTRACT Rev.05-14-10 AIDS Resource of Rural Texas Page 11 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 $109,939.00, 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 (if automobiles are utilized in the performance of this Contract) covering all risks incident to or in connection with the execution, performance, attempted 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 Texas. Insurers shall be acceptable to City insofar as their financial strength and solvency and each such company shall have a current minimum A.M. Best Key Rating Guide rating of A: VII or other equivalent insurance industry standard rating 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. 11iiirer of Immunith, HOPWA YEAR XXXVI CONTRACT Rev. 05-14-10 AIDS Resource of Rural Texas Page 12 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. Remedies for Breach of Contract Upon identification of possible breaches of contract, and prior to exercising its Termination Rights under this Contract, City may elect to exercise any of the following Remedies: (a) issuance of a warning letter indicating that further failure to comply with applicable requirements will result in serious sanction and giving the Subrecipient a limited time to correct the deficiency; (b) placing conditions upon award of future grants; (c) directing the Subrecipient to stop incurring costs until the deficiency is corrected and the correction is verified; (d) requiring repayment of previously reimbursed grant funds; or (e) reducing in the amount of future grant awards or disallowing of future awards to the Contractor. The City's election to exercise any, all, or none of the aforementioned administrative remedies does not act as a waiver of any of City's other rights or remedies under the law or this Contract for the enforcement of this Contract or the recovery of any damages relating to Contractor's actions or inactions relating to the Program, HOPWA Funds, and/or this Contract. 15. 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 Year XXXVI funds; that all monies distributed to Contractor hereunder shall be exclusively from Federal monies received under said grant and not from any other monies of City; and 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. 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, subject to Section 14 above. C. The Parties acknowledge that HOPWA Funds paid hereunder are intended to provide only partial funding for Contractor's agency operations. City may terminate this Contract if non- HOPWA 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 agency operation expenses, and any attempted use of HOPWA Funds for this purpose will result in termination of this Contract by City. HOPWA YEAR XXXVI CONTRACT Rev. 05-14-10 AIDS Resource of Rural Texas Page 13 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 for which reimbursement of HOPWA Funds would be sought under this Contract, 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 portions of the Contract being terminated. Contractor shall be reimbursed for valid, eligible expenditures for the Program made prior to the termination of this Contract. 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. 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, 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. 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. 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 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. HOPWA YEAR XXXVI CONTRACT Rev. 05-14-10 AIDS Resource of Rural Texas Page 14 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. 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 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 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 date actually received or the third day following (i) deposit in a United States Postal Service post office or receptacle; (ii) with proper postage (certified mail, return receipt requested); and (iii) addressed to the other Party at the address set out in the preamble of this Contract or at such 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. j. In the event any copyright arises with respect to any data or other copyrightable work developed in the course of or under this Contract, Contractor shall notify City of the copyright and the copyright shall be assigned to City. k. In the event a patentable invention is created as part of this Contract and a patent is obtained, Contractor shall notify City of the patent and the patent shall be assigned to City. [SIGNATURES APPEAR ON FOLLOWING PAGE] HOPWA YEAR XXXVI CONTRACT Rev.05-14-10 AIDS Resource of Rural Texas Page 15 IN WITNESS WHEREOF, the Parties hereto have executed three duplicate originals of this Contract in Fort Worth, Tarrant County, Texas, this 21 day of , 2010. CITY OF FORT WORTH Aids Resources of Rural Texas By. Gi��� By. z 3-c. T.M. Higgins Ms.Tisa Justice Assistant City Manager Executive Director APPROVED AS TO F AND LEGALITY: l —Z44O , / Conti-act, Authorization City Attorney DzP °� a00 �ATTEST: �000a o*_ _00-.4C_X ®o��oo City Secretary d o d o 000aoo OF TEXAS § COUNTY OF TARRANT § Ii L This instrument was acknowledged before me on a 2010 by T.M. Higgins, the Assistant City Manager of the City of Fort orth, on behalf of the City of Fort Worth. MARIA S.sAivcllEZ N tary Public, State of Te s i MY COMMISSION EXPIRES December 14,2013 1 STATE OF TEXAS �((j , COUNTY OF TARRANT r' § CI.v;Lr1 Lz C�4` -ch 'r This instrument was acknowledged before me on 1��11 , 2010 by Lisa Justice, the Executive Director of Aids Resources of Rural Tcaas non-profit corporation, on behalf of said corporation. SUSAN HARRISON �P�q Notary Public Notary Public, State of Texas State of Texas F M;Comm.Expres 03.10-2013 �FFIC��AL REC HOPWA YEAR 2010-2011 CONTRACT ��� S�CR�'� 5-14-10 AIDS Resource of Rural Texas 1'11 Page 16 :071T WORTH. AIDS Resources of Rural Texas EXHIBIT A Housing SCOPE OF SERVICES PROGRAM SUMMARY June 1, 2010 - May 31, 2011 $102,778 CONTRACT NO. PERIOD AMOUNT SCOPE OF SERVICES: This Scope of Services is based on the proposal prepared and submitted by the Subrecipient through the City of Fort Worth's annual Request for Proposal (RFP) process. The Subrecipient agrees to operate this Housing Opportunities for Persons with AIDS program consistent with the program delivery stated in the approved proposal. However, in the event of any conflict between the proposal and any provision contained herein, this Agreement shall control. AIDS Resources of Rural Texas will provide HOPWA services to low/moderate income (LMI) persons living with HIV/AIDS (PLWHA)at AIDS Resources of Rural Texas. The HOPWA program will include the following tasks and activities: (1)Tenant-Based Rental Assistance(TBRA); (2) Short-Term Rent, Mortgage, Utilities(STRMU)assistance; (3) case management supportive services; and (4)administrative activities. All services will be provided at 250 Santa Fe Drive, Suite 101, Weatherford, Texas 76086 from 8:00 a.m. to 5:30 p.m., Monday—Thursday. The purpose of the program will be to provide housing and supportive services to low/moderate income persons living with HIV/AIDS. The specific objectives, goals and level of services to be provided are listed below along with the geographical location of clients served. All services will be provided from June 1, 2010—May 31, 2011. The HOPWA funds will be used to pay for administrative expenses not to exceed 7%, case manager expenses and financial assistance for clients which is consistent with Exhibit C-Detailed Budget. REGULATORY CLASSIFICATION: Regulatory Citation & Activity Allocated Funds % of Total Allocation 24 CFR 574.300(b)(5) TBRA $62,000 60.32% 24 CFR 574.300(b)(6) STRMU $12,419 12.08% 24 CFR 574.300(b)(7) Supportive Services $21,165 20.59% 24 CFR 574.300(b)(10) Admin $ 7,194 7.00% Based on the nature of the service provided, AIDS Resources of Rural Texas will maintain documentation that verifies that 100% of clients served by the HOPW program are diagnosed with HIV/AIDS and are income eligible with current household incomes at or below 80% of Area Median Income (AMI) as established by the Department of Housing and Urban Development(HUD). Agency should also document the number of clients placed on jobs as a result of HOPWA supportive services provided. 1 AIDS Resources of Rural Texas EXHIBIT A (Continued) Housing SCOPE OF SERVICES PROGRAM SUMMARY June 1, 2010 - May 31, 2011 $102,778 CONTRACT NO. PERIOD AMOUNT GEOGRAPHICAL LOCATION: Site Address: 250 Santa Fe Drive, Suite 101, Weatherford, Texas 76086 Client Beneficiary Location(Neighborhood,District, Citywide...): Tarrant, Johnson, Parker and Wise Counties PROGRAM GOALS: The program goal is to provide financial assistance and supportive services to low/moderate income persons living with HIV/AIDS to alleviate or prevent homelessness and increase clients' access to care. PROGRAM OBJECTIVES: • Provide tenant-based rental assistance to eligible clients • Provide short-term rent, mortgage and utilities assistance to eligible clients who may become homeless but for this assistance • Provide case management services to all HOPWA clients including the development of a housing plan that will address barriers to housing stability and self-sufficiency PROGRAM SERVICES and ACTIVITIES: Description of Service/Activity Total Unduplicated Clients All HOPWA Services/Activities 25 Tenant-Based Rental Assistance 13 Short-Term/Emergency Assistance 12 2 m m_ M W O N N H O O O QN !D N O N 01 N O N LL W J m Cl) — N N � 0 K W Q N O N 2 r > U i C/) X C/) 0 O X W X U o a Q �/ N •3 0 O O O � o W = r O U) o y ° O C� p ry a � O O o O H U C N a C U 'vN-i wa Q N U cu Q 7 N V C N a N E O N m C ~ E c O 7 N N L Z (n H Organization: AIDS Resources of Rural Texas Program Title: HOPWA June 1, 2010 through May 31, 2011 PROGRAM BUDGET Total Grant Budget Budget Expense Category A (B) (C D (E) F ADMINISTRATIVE SERVICES Salaries 79,880 5,500 28,280 22,500 23,600 FICA 6,110 421 2,163 1,721 1,805 Retirement 0 Health Insurance 9,922 647 3,488 2,489 3,298 Disability Insurance 0 Unemployment-State 294 19 104 73 98 Legal&Accounting 10,369 579 5,374 4,416 Office Supplies 0 Postage 585 385 200 Rent(Building) 5,806 3,995 1,811 Telephone 1,543 570 973 Electric/Gas/Water Utilities 11245 724 521 Worker's Compensation 401 28 142 113 118 Other Operating Costs 11,897 593 11,304 SUPPORTIVE SERVICES Salaries 508,910 8,000 177,110 266,650 12,740 44,410 FICA 38,933 612 13,549 20,399 975 3,398 Retirement 0 Health Insurance 66,351 1,268 15,555 39,389 2,825 7,314 Disability Insurance 0 Unemployment-State 2,316 38 734 1,242 84 218 Worker's Compensation 2,546 40 886 1,333 64 223 Other Security 737 72 268 397 Electric/Gas/Water Utilities 12,963 1,287 2,991 7,406 300 979 Rent(Building) 62,594 6,500 12,670 37,845 2,170 3,409 Office Equipment Rental* 6,690 475 1,605 2,700 150 1,760 Printing 0 Repairs 0 Postage 982 55 690 37 200 Building Maintenance 1,755 202 694 859 Office Supplies 4,064 280 384 2,950 450 Telephone 11,805 1,014 2,526 6,135 300 1,830 Fidelity Bond*** 0 Corporate Insur.****(incl.med.malpractice) 33,189 602 25,654 6,933 Private Auto Allowance 20,551 720 12,450 7,381 Conference&Seminars 5,189 3,967 1,222 Medical Supplies/Contractuals 212,257 84,780 117,927 550 9,000 Other Operating Costs 39,924 0 25,374 14,550 j[FW * .. Note: Column A should be the total of Columns B through F *Specify on Budget Detail(following pages) **Use One column for each non-grant funding source; note below which column equates to each source(from Leverage of Funds): *** Fidelity bond and liability insurance are required of all subcontractors and may be paid from grant funds or other funds. (C) Health Resources&Services Admin (HRSA) (E)SAMHSA-MHMR-Tarrant County(MHMR-TC) (D)Tarrant County Public Health (TCPH) (F)Other Foundation Grants/Program Income/Unrestricted Funds EXHIBIT D CITY OF FORT WORTH HOUSING & ECONOMIC DEVELOPMENT Audit Certification Form Subrecipient: Al➢S ky rj Fiscal Year Ending: 3 131 1'�C06 Mo Day Yr During the fiscal year in which funds will be received, we will exceed the federal expenditure threshold of $500,000. We will have our Single Audit or Program Specific Audit completed and will submit the A-133 audit report within nine (9) months after the end of the audited fiscal year or thirty (30) days within its completion, whichever is the earlier date. ❑ During the fiscal year in which funds will be received, we will not exceed the $500,000 federal expenditure threshold required for a Single Audit or a Program Specific Audit to be performed this fiscal year. (Fill out schedule below) Federal Expenditure Disclosure Federal Funds Must be filled out if Single Audit or Program Audit is not required. Pass Through Program Name & Contract Federal Grantor Grantor CFDA Number Number Expenditures Total Federal Expenditures for this Fiscal Year $ LISg7 )�S6Le Or Printed me Title(Must be CFO, CEO or equivalent) �b - 302,7- 0 AutKe ized Signatur ust be CFO, CEO or equivalent) Phone Number Date Failure to submit this or a similar statement or failure to submit a completed single audit package as described in the federally required audit requirements described in OMB Circulars A-133 by the required due date may result in suspension of funding and may affect eligibility for future funding. Notwithstanding the above, this certification acknowledges the agency's commitment to meet all other financial reporting, financial statements, and other audit requirements as may be set forth in the contract. AIDS Resources of Rural TX EXHIBIT E HOPWA CONFLICT OF INTEREST All Applicants The standards in OMB Circular A-110, Subpart C, provide that no employee, officer, or agent shall participate in the selection, award, or administration of a contract supported by Federal funds if real or apparent conflict of interest would be involved. Such a conflict would arise when an employee, officer, or agent, any member of his or her immediate family, his or her partner,or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in the firm selected for an award. CDBG and HOME Applicants Only The CDBG regulations at 24 CFR 570 570.611 and HOME regulations at 24 CFR 92.356 provide that no person who is an employee, agent, consultant,officer, or elected official or appointed official of the recipient or Subrecipient that are receiving CDBG or HOME funds 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: I certify that no conflict of interest exists between The City of Fort Worth and AIDS Resources of Rural Texas (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 conflict 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 organ zation L-vZ�c.Q CSS � Q 10 Siena a of Authorized A y Official Date Lisa Justice.Executive Director Tvped Name and Title Attachment I CITY OF FORT WORTH HOUSING AND ECONOMIC DEVELOPMENT DEPARTMENT COMPLIANCE DIVISION REQUEST FOR FUNDS HOPWA 2010-2011 AGENCY: AIDS Resources of Rural Texas PROGRAM: HOPWA ADDRESS: 250 Santa Fe. Dr. Ste. 101 CONTRACT NUMBER: Weatherford,TX 76086 CONTRACT AMOUNT: $109,939 CONTRACT DATE: 6/1/2010 DATE OF REQUEST: IDIS NUMBER: SECTION I(AGENCY) CURRENT MONTH CUMULATIVE 1. Reimbursement Request A. Administrative Expenditures: $ $ B. Supportive Service Expenditures: $ $ C. STRMU Expenditures: $ $ D. TBRA Expenditures: $ $ E. Total Reimbursement: $0.00 $0.00 2. Requested By: A. Agency Lisa Justice (Name) (Signature) (Date) SECTION II(CITY) 1. BUYSPEED-Purchasing Request A.BUYSPEED INPUT:Vendor/PO Number/Requisition Number: B. Fund/Account/Center: Administration Supportive Services STRMU TBRA C.Total Amount of this Request: $0.00 SECTION III(CITY) 1. Verification A. Development Project Coordinator Leticia Rodriguez (Name) (Signature) (Date) B. Accounting (Name) (Signature) (Date) 2.Authorization A. Housing Program Manager Mark Folden (Name) (Signature) (Date) B.Sr.Admin.Services Mgr Socorro Gray (Name) (Signature) (Date) C.Director Jesus"Jay"Chapa (Name) (Signature) (Date) Distribution: 1 Copy-Accounting 1 Copy-Compliance Note:Any Request for Funds that exceeds$25,000 requires the Director's signature CITY OF FORT WORTH ATTACHMENT II HOUSING AND ECONOMIC DEVELOPMENT DEPARTMENT COMPLIANCE DIVISION DETAILED STATEMENT OF COSTS AIDS Resources of Rural Texas AGENCY CONTRACT NO. DATE HOPWA TO PROGRAM REPORT PERIOD PROGRAM MONTHLY CUMULATIVE COST CATEGORY ACCOUNT BUDGET EXPENDITURES TO DATE BALANCE ADMINISTRATIVE EXPENSES Salaries 516 010 $5,500.00 FICA 518 010 $421.00 Life Insurance 518 050 Health Insurance 518 060 $647.00 Disability Insurance 518040 Unemployment 518090 $19.00 Legal and Accounting 538050 $579.00 Office Supplies 521010 Postage 521020 Telephone 535040 $28.00 A011�(�S1RA#ii S1 T07X JADMINISTRATIVE EXPENSES PER T= 7.00% SUPPORT SERVICES Salaries 516 010 $8,000.00 FICA 518 010 $612.00 Life Insurance 518 050 Health Insurance 518 060 $1,268.00 Disability Insurance 508070 Unemployment-State 535 020 $38.00 Worker's Compensation $40.00 Teaching Aids 535 010 Other(Security) 535 030 $72.00 Electric/Gas/Water/Utilities 537 010 $1,287.00 Rent Buildin 539 220 $6,500.00 Office Equipment Rental 537 030 $475.00 Printing 533 030 Repairs 536 010 Postage 538 210 $55.00 Building Maintenance 534 020 $202.00 Office Supplies 538 050 $280.00 Telephone 532130 $1,014.00 Corporate Insurance 534020 $602.00 Private Auto Allowance 532130 $720.00 Conference&Seminars 539120 WOW i.R.4�. TOTAL $102,778.00 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 SIGNATURE and DATE Attachment III CITY OF FORT WORTH HOUSING&ECONOMIC DEVELOPMENT DEPARTMENT COMPLIANCE DIVISION EXPENDITURES WORKSHEET AIDS Resources of Rural Texas Agency Date HOPWA 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 27 28 29 30 31 32 33 34 35 36 37 38 39 TOTAL $0.00 TITLE OF AUTHORIZED OFFICER SIGNATURE AND DATE Attachment IVa CITY OF FORT WORTH HOUSING AND ECONOMIC DEVELOPMENT DEPARTMENT COMPLIANCE DIVISION HOPWA 2010-2011 1. Name and Address of Subgrantee: 2. Project Name: HOPWA AIDS Resources of Rural Texas 3. Contract Number: 250 Santa Fe Dr.,Ste.101 4. Contract Date: June 1 2010-May 31,2011 Weatherford,TX 76086 Month&Year 5. Program Services and Activities(Report Clients,Not Payments) HOPWA #Assisted CURRENT With Other Amount of MONTH ONLY Cumulative Funds Other Funds a.#of Tenant-Based Rental Assistance(TBRA) b.#of Short-Tenn Rental,Mortgage and Utility Assistance(STRMU) c.#of STRMU clients that have moved to TBRA d.Total#of Unduplicated Clients(a+b)-c Number of Households HOPWA CURRENT #ASSISTED AMOUNT OF MONTH AMOUNT OF W/OTHER OTHER ONLY CUMULATIVE HOPWA FUNDS FUNDS FUNDS 6.Supportive Services 7. Resource Identlficatlon/Technical Assistance 8. Housing Information Services 9. Permanent Housing Placement Services 10. Monthly Income Groups of Households for all Unduplicated Client, $0-250 1 $251-500 $501-100 $1001-1500 $1501-2000 10ver$2000 TOTAL Current Month 0 Cumulative 0 911111,011111-u Rim $0-250 1 $251-500 $501-100 $1001-1500 1 $1501-2000 10ver$2000 TOTAL Current Month I I I I I I 1 0 Cumulative I I I I I I 1 0 For C6uft Only $0-250 $251-500 $501-100 $1001-1500 $1501-2000 Over$2000 TOTAL Current Month 0 Cumulative 0 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. It is also acknowledged that the provision of false information could leave the certifying official subject to the penalties of federal,state, and local law. DATE: Submitted by: Phone Number: Signature Required CITY OF FORT WORTH Attachment IVb HOUSING AND ECONOMIC DEVELOPMENT COMPLIANCE DIVISION HOPWA 2009-2010 1. Name and Address of Sub-Grantee 2. Project Name HOPWA AIDS Resources of Rural Texas 250 Santa Fe Dr.,Ste. 101 3. Contract No. Weatherford,TX 76086 Month&Year Tenant Based Rental Assistance-TBRA '' ��'' a 3r•" ��5 -��"�� �r� t N�'��u',c3 ul.�reb} F '"'�- �T�"ea= "�". Race:Section Must be Completed) Current Month Cumulative White Black/African American Asian American Indian/Alaskan Native Native Hawaiian/Other Pacific Islander Indian/Alaskan Native&White Asian&White Black/African American&White American Indian/Alaskan Native&Black African American Other Multi-Racial TOTAL 0 0 01 0 0 0 Current Month Female TBRA Male TBRA Unduplicated Beneficiary Data Total Unduplicated 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 Households Previoully Homeless 31 to 50 Years Of Previously Homeless Households,number of those who were Chronically Homeless 51 Years and Older Total Female Head This data relates to participants 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. It is also acknowledged that the provision of false information could leave the certifying official subject to the penalties of federal,state,and local law. Date: Submitted by: Phone No. Signature Required CITY OF FORT WORTH Attachment IVc HOUSING AND ECONOMIC DEVELOPMENT COMPLIANCE DIVISION HOPWA 2009-2010 1. Name and Address of Sub-Grantee 2. Project Name HOPWA AIDS Resources of Rural Texas 250 Santa Fe Dr.,Ste. 101 3. Contract No. Weatherford,TX 76086 Month&Year Short-Term Rent Mortgage Utility Assistance-STRMU ZO Race:Section Must be Completed) A 3e Current Month Cumulative .� White Black/African American Asian American Indian/Alaskan Native Native Hawaiian/Other Pacific Islander Indian/Alaskan Native&White Asian&White Black/African American&White American Indian/Alaskan Native&Black African American Other Multi-Racial TOTAL o 01 0 0 Female Current Month STRMU Male STRMU Unduplicated Beneficiary Data Total Unduplicated 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 Households Previously Homeless Older Of Previously Homeless Households,number of those who were Chronically Homeless Total Female Head of This data relates to participants 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 It is also acknowledged that the provision of false information could leave the certifying official subject to the penalties of federal state and local law Date: Submitted by: Phone No. Signature Required a� E L U (6 Q N N U � m rn Q a E o o l6 m co 0 a o m p cu Q m 2 m m O C �• m a) ns U E 'a Z m e N O N O O o C z N o o Q it LL = a N O m C � L > > 6 ate+ r+ '� �, 7 r_ = N M d >� E d r- N :3 U _ r N S O O U d O 0 Q LU v o O d ots 1— .� a� :_. a� N .N 3 CL U) o ia cu U = o c ,� a� N rn � � a) rn ca '� v c o o cu E cn S o a o > a�i o s d o co c�i ri N CC 2 H W a_ U) 2 J of d O 6 O y 2 � - N ' m v w U �` 'a o d � N c Y C d E CL d N ` (9 u 3 Soo C A o Sri`` c a N m co N U m , � •'. U O C m l0 LO V +N+ N N r ,L^ • ++ > r E .6 co N O N C m 7 7 x N C) (n w Q H O w �, N LL _ °' o cn di 00 o a) p L U 7 U a) > C c Q H y C _ LL Q O cu .N O •0 o N cE U N > a) 7 r m t y d w o t m J O o U = N ± c m E w o s c c ti °' r aNi rn a cn 0 o i o o c E o >. E c o N m m o f N o o > a� ca r o ca F- 2 W a- (n 2 J O ii a City of Fort Worth Attachment IVe Housing and Economic Development Compliance Division HOPWA 2009-2010 1. Name and Address of Sub-Grantee 2. Project Name HOPWA AIDS Resources of Rural Texas 250 Santa Fe Dr., Ste. 101 3. Contract No. Weatherford, TX 76086 Month&Year "All data reported should be undu licated for the current month t' kC�4 f lte At .iN�. f CE3< a. Outreach b. Case Management c. Life Management d. Nutritional Services/Meals e. Adult Day Care and Personal Assistance f. Child Care and other Children's Services g. Education h. Employment Assistance i. Alcohol and Drug Abuse Services '. Mental Health Services k. Health/Medical/Intensive Care Services 1. Transportation m. Other(specify) n. Other(specify) o. Number of Jobs that resulted from g.and h. TOTAL (current month HOPWA expenditure column should equal total in supportive service section on Attachment H) Receiving Supportive Services w/ Receiving Housing Supportive Services Current Alonth Unduplicated Only Assistance Only Persons with HIV/AIDS Other Persons in Famil Unit 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. It is also acknowledged that the provision of false information could leave the certifying official subject to the penalties of federal,state,and local law Date: Submitted by: Phone No. Signature Required City of Fort Worth Attachment IVf Housing and Economic Development Compliance Division HOPWA 2009-2010 1. Name and Address of Sub-Grantee 2. Project Name HOPWA AIDS Resources of Rural Texas 250 Santa Fe Dr.,Ste. 101 3. Contract No. Weatherford,TX 76086 Month&Year Supportive Services (Unduplicated data only;clients reported on Attachment IVb&IVc should not be reported here.) �' a pjw cx f 4 k ✓ 9~Yx .rvo- �."` a 5y� Race:Section Must be Completed) Current Month Cumulative White Black/African American Asian American Indian/Alaskan Native Native Hawaiian/Other Pacific Islander Indian/Alaskan Native&White Asian&White Black/African American&White American Indian/Alaskan Native&Black African American Other Multi-Racial TOTAL 0 0 0 0 0 0 Current Month Female TBRA Male TBRA Unduplicated Beneficiary Data Total Unduplicated 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 Households Previously Homeless 31 to 50 Years Of Previously Homeless Households,number of those who were Chronically Homeless 51 Years and Older Total Female Head This data relates to participants 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 It is also acknowledged that the provision of false information could leave the certifying official subject to the penalties of federal state and local law Date: Submitted by: Phone No. Signature Required City of Fort Worth Attachment V Housing and Economic Development Compliance Division HOPWA 2009-2010 Agency/Address 2. Program Name: HOPWA AIDS Resources of Rural Texas 3. Contract No: Contract Date: June 1,2010 250 Santa Fe Dr., Ste. 101 Contract Amount:_ $102,778 Weatherford,TX 76086 4. Date of Request: Month&Year 5. PROGRAM SERVICES AND ACTIVITIES: CURRENT CUMULATIVE *"Goals listed on Contract Exhibits A&B should be listed here. 6. SCOPE OF WORK NARRATIVE: 7. PROBLEMS ENCOUNTERED/SOLUTIONS PROPOSED: 8. ANTICIPATED ACTIVITY DURING THE NEXT MONTH: 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. It is also acknowledged that the provision of false information could leave the certifying official subject to the penalties of federal,state,and local law. Date: Submitted By: Phone No. Signature Required � 5 E \ \ E k o k \ � k « o # k k Q � ca k = E 1 ca k - z v & ■ _ ° 0 � � 22 8 / \ § o oa � < � E� � k ! - o2 � e 4 .2 � � W2 v2o < 7232 « 3 0 E - z q \ E © E 0 CL o k e = � [ � uj � E _ .0 k d § k CU \ % - t q # LL ■ \ 0)) r » ) 0 k / // M � w J / © � o k � ■ k § — % \ \ _ . g \ � � J7 7 $ w - .. « (D c >1 0 2 e - \ 077 T : \ o § U) \ / J z 222 - kg § m z r o \ \ § - � ` � 6 ) \ _ s ) \ $ \ § « # k k k o k § z ( B CL § 2 e - / � - � � e ; # � k \ o $ wi ■ 7 o =-o � ca� \ � 6 & lu e LL C / ƒ ƒ/ o B .@ / § . »� E_ « _ 0 Q � 00 a 2 S C) % 0 Co/\ E uj 7 Co _ § i ¥ 0 �� � c I © LL 0 & § - 2 w CL 2 § 2 e � 2 ¥ 2 = .. 00 _ k � k (0 \\4 2 � \ 4) \ � \ / c = 2 / . 8 m o § � \ k E \ ai § 2 § om 2 < CN ai ■ v _ 2 } \ l k 0 & E C/) § 8 2 < k / m2 / Z E\ gE 0 E® � � ) k Q w k e § U) j ® a) / \z §, § CL_ � § / 22 \ < § - Co tmao ■ 2 � _ o = � ul \ { a $ � 2w2 ƒ § £ E C: § - 0 <Cl © i �7 © � k § 7 � E / i % & £ \\ $ Co 7 g � ) » 4)ƒ dk � $ e o . £ C � 2 E / � w 77 k 0 2 - § § ■ e � - % \ y = - 9 J # S . CL 2 —6 $ � § � � f cm � E ) U \0 \ � � = m z cc m m c o m -_ LO § _ z - � § - ' � 6 o o a oW E w o a v � a w z x fu Y c °' m J o E o 3 = v E w Q vo �° LLLLxwx° OOa°1 � Ln � v > J W Ol u C' a m u o`C,i3 vvvo z a o?vvS>3 -a co 0 L o v — N as w N Y V Cw c o ++ LO rn 41 w m z pG ,D u E fu N 00 Ca O c co a o - W o - �- u V ° C O N v > 0 41 o ro O R cu u L ri G1 O u o LL Y Q a O O 0 � � _ 3 ^' 3 W L w L 7 \ C \ \ W \ N N \ O N C ° o .'no U o v } v a a E E Q N O a c o m O ai ui Ln G1 O .2 c CL ri rx A c c a s 00 o oz Ln v M � � vx O z� � CL F w w aF a R a U w O � w 3 w LU A s� U V i F 04 p h � pw �1 O _ 00 z O i F raj N w O � 06 3 �o z m Z O G1 O oc v v x = DC 3 00 00 00 00 3 oFe ai -0 a' O O c 3 E 3 Z m mx obo 00 m w C N c c Z cue v v a' c a, a, ° > x o N m a .n %o n n v CL a a C 'r c .' -W '-4 v .r .r .r 0 w 0 h 0% moo\+ � \ °' \ tm cm w vii E 3 'n f LL w w 0 in 3 0 � o �' r- o 3 �' r- o 0 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 8/17/2010 —Ord.No. 19276-08-2010 DATE: Tuesday,August 17,2010 REFERENCE NO.: C-24401 LOG NAME: 171011 GRANTACT SUBJECT: Authorize Budget Amendments to the City's 2010-2011 Action Plan for the Use of Grant Funds from the United States Department of Housing and Urban Development Under its Community Development Block Grant, HOME Investment Partnerships Program,Emergency Shelter Grant and Housing Opportunities for Persons with AIDS Program Authorize Execution of Related Contracts and Interdepartmental Letters of Agreement for Program Year 2010-2011 and Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council: 1. Authorize budget amendments to the City's 2010-2011 Action Plan for use of grant funds totaling $632,506.00 from the United States Department of Housing and Urban Development due to changes in available federal grant funding; 2. Authorize the City Manager, or his designee, to execute contracts for a one year term for federal grant funds for Program Year 2010-2011 for Community Development Block Grant,Emergency Shelter Grant and Housing Opportunities for Persons with AIDS grant funds,contingent upon receipt of funding from the United States Department of Housing and Urban Development; 3. Authorize the City Manager, or his designee, to extend or renew the contracts for up to one—year if an agency requests an extension and such extension is necessary for completion of the program; 4. Authorize the City Manager, or his designee,to amend the contracts, if necessary, to achieve program goals,provided any amendment is within the scope of the program and in compliance with all applicable laws and regulations governing the use of federal grant funds; and 5. Adopt the attached appropriation ordinance increasing the estimated receipts and appropriation to the Grants Fund in the total amount of$632,506.00($587,282.00 increase in Community Development Block Grant funds, $14,841.00 decrease in HOME Investment Partnerships Program funds, $1,746.00 increase in Emergency Shelter Grant funds and$58,319.00 increase in Housing Opportunities for Persons with AIDS funds), all subject to receipt of these grants. DISCUSSION: On April 13, 2010, the City Council approved the City's Action Plan for use of federal grant funds from the United States Department of Housing and Urban Development(HUD)under the Community Development Block Grant(CDBG), HOME Investment Partnerships Program(HOME),Emergency Shelter Grant(ESG) and Housing Opportunities for Persons With AIDS Program (HOPWA) (M&C G-16884). Budgets in the Action Plan were based on prior year's grant allocations from HUD and City Council was informed that staff would return with updated budget recommendations if necessary. HUD subsequently published its 2010-2011 Entitlement Fund Allocations which resulted in a net increase of$632,506.00 in the City's funding for its 2010-2011 Action Plan as detailed in the following table: Grant Funding Original 2010-2011 Final HUD Entitlement Allocation for Difference Source Action Plan 2010-2011 CDBG $6,743,925 $7,331,207 $587,282 HOME $3,216,778 $3,201,937 ($14,841) ESG $ 294,481 $ 296,227 $ 1,746 HOPWA $ 892,529 $ 950,848 $58,319 TOTAL $11,147,713 $11,780,219 $632,506 Staff developed recommendations for the allocation of the actual funding from HUD and presented them to the Community Development Council(CDC) on April 14,2010. The CDC concurred with staffs recommendation as shown in the following table: Grant Anticipated Recommended Recommended Funding Eligible Activity, Service or Grant Funding Grant Budget Final Grant Source Program Budget Chan e Bud et CDBG Neighborhood Street reconstruction projects $0 $381,733 $381,733 located throughout the City in CDBG eligible areas Housing Counseling Services $45,000 $88,092 $133,092 Administration of CDBG and $1,382,785 $117,456 $1,500,241 HOME programs HOME Community Housing Development Organization $482,517 ($2,227) $480,290 (CHDO)Project Funds Targeted Neighborhood Infill Housing Development- $500,000 ($11,130) $488,870 Terrell Heights Program Administration (10 $321,677 ($1,484) $320,193 percent Cap) ESG Presbyterian Night Shelter $181,561 $1,746 $183,307 HOPWA AIDS Outreach Center $428,952 $19,439 $448,391 Catholic Charities -Lady $64,652 $19,439 $84,091 Hogan Project Tarrant County Samaritan $269,372 $19,439 $288,811 Housing HED Grant Administration $26,775 $2 $26,777 TOTAL I 1 $632,506 A 30-day public comment period on the budget revisions was held from June 11, 2010 to July 12, 2010. Any comments will be maintained by the Housing and Economic Development Department in accordance with federal regulations. The revised Action Plan allocates $1,131,780.00 in CDBG funds to public services activities including child care,youth and senior services and other housing related services that benefit primarily low and moderate income or disabled and disadvantaged populations. It also allocates $924,071.00 in HOPWA funds to non—profit organizations providing housing and supportive services to persons with AIDS and allocates $281,503.00 in ESG funds to homeless services providers and local emergency shelters. In accordance with HUD recommendation, interdepartmental letters of agreement executed by the respective department heads will be used to govern all grant—funded activities implemented by City departments. All contracts and interdepartmental letters of agreement will authorize reimbursement of eligible costs as of their initial dates. The CDC and staff recommend that contracts be executed with the agencies listed below in the amounts shown in the following table: Community Development Block Grant : Organization Amount AB Christian Learning Center—Stop Six Community Go Center $20,000.00 Boys and Girls Club of Greater Fort Worth—Estrellas $14,400.00 Cenikor Foundation—Substance Abuse Services/Homeless $21,000.00 Child Care Associates—Child Care $117,000.00 CJ's Studio of Performing Arts—Dance Studio $10,886.00 Clayton YES—Greenbrier Preschool $18,000.00 Clayton YES—School Aged Child Care $54,000.00 Cook Children's Health Care System—Save a Smile $21,870.00 Cornerstone Assistance—New Life Center $15,297.00 Cultural Center of Americas—GED/Adult Literacy in Spanish $18,070.00 Day Resource Center for the Homeless $50,000.00 EFW Montessori School, Inc.—Montessori Child Care $20,000.00 Fort Worth Housing Authority—Amaka Child Care Center $27,000.00 Girls,Inc., of Tarrant County—Girl Power $12,600.00 JMAC Youth Center of Tarrant County $25,000.00 The Ladder Alliance—Employment Training $20,000.00 Latin Arts Association,d/b/a Artes de la Rosa—After School Drama Program $20,000.00 Meals on Wheels, Inc., of Tarrant County—Home Delivered Meals $33,696.00 Mental Health Association of Tarrant County—Ombudsman Program $15,750.00 Mental Health Association of Tarrant County—Mental Health Advocate $22,275.00 Northside InterChurch Agency—Good Works/Buenas Obras $21,092.00 REACH, Inc. —Project Ramp $50,000.00 Salvation Army—S.T.A.R.T. Program $20,000.00 Senior Citizens Services—Como Senior Center $18,000.00 Senior Citizens Services—Diamond Hill Senior Center $18,000.00 Senior Citizens Services—Doc Session Senior Center $16,000.00 Tarrant Area Food Bank—Community Kitchen $18,000.00 United Community Centers—Crisis Intervention Program $16,200.00 YMCA of Metropolitan—School Age Child Care $45,000.00 YWCA—My Own Place $17,628.00 YWCA—Child Development Program $135,000.00 CFW Housing and Economic Development—Housing Counseling and Foreclosure $133,092.00 Prevention CFW Parks and Community Services —Como Kids After—School Program $25,000.00 CFW Parks and Community Services — Northside Community Action Partners (CAP) $25,724.00 CFW Parks and Community Services — Woodhaven After School Enrichment Program $16,200.00 TOTAL CDBG $1,176,780.00 Emergency Shelter Grant : Organization Amount Presbyterian Night Shelter—Emergency Shelter $183,307.00 SafeHaven of Tarrant County—Shelter Operations $20,000.00 SafeHaven of Tarrant County—Supportive Childcare $15,157.00 YWCA Fort Worth and Tarrant County—Supportive Living $13,039.00 City of Fort Worth PACSD—SHIPP $50.000.00 TOTAL ESG $281,503.00 Housing Opportunities For Persons With AIDS Organization Amount AIDS Outreach Center—HOPWA $448,391.00 AIDS Resources of Rural Texas—HOPWA $102,778.00 Catholic Charities—Lady Hogan Project $84,091.00 Tarrant County Samaritan Housing,Inc.—Supportive Services $288.811.00 TOTAL HOPWA $924,071.00 These programs are available in ALL COUNCIL DISTRICTS. FISCAL INFORMATION: The Financial Management Services Director certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinance,funds will be available in the current operating budget,as appropriated, of the Grants Fund, contingent upon approval and receipt of adequate funding from HUD for the term beginning June 1, 2010 and ending May 31, 2011. FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers GR76 539120 01720646OXXX $1.131.780.00 GR76 539120 017206463XXX $281.503.00 GR76 539120 017206464XXX $924.071.00 GR76 451727 01720646OXXX $587.282.00 GR76 539120 01720646OXXX $587.282.00 GR76 451727 017206461XXX ($14.841.00) GR76 539120 017206461XXX ($14.841.00) GR76 451727 017206463XXX $1.746.00 GR76 539120 017206463XXX $1,746.00 GR76 451727 017206464XXX $58.319.00 GR76 539120 017206464XXX $58.319.00 CERTIFICATIONS: Submitted for City Manager's Office by: Tom M. Higgins (6192) Originating Department Head: Jesus Chapa (5804) Additional Information Contact: Mark Folden (8634) ATTACHMENTS 1. 171011GRANTAC AO.doc