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HomeMy WebLinkAboutContract 30340 STATE OF TEXAS CITY SECRETARY ..OURACT NO. COUNTY OF TARRANT THIS contract is made and entered into by and between the City of Fort Worth ("City"), acting and through Charles Boswell, its duly authorized Assistant City Manager, and Meals on Wheels ("Contractor"), by and through Ms. Carla Jutson, its duly authorized Executive Director. Contractor's business address is 320 South Freeway, Fort Worth, TX 76104. WHEREAS, the City of Fort Worth has been notified that it will receive grant monies from the United States Department of Housing and Urban Development ("HUD") through the Community Development Block Grant ("CDBG") for Year XXX; and, WHEREAS, the primary purpose of the CDBG Program is to benefit low and moderate income citizens of Fort Worth; and, WHEREAS, the Catalog of Federal Domestic Assistance (CFDA) assigned Community Development Block Grants/Entitlement Grants number 14.218; and WHEREAS, the citizens of Fort Worth, the Community Development Council, and the City Council of Fort Worth have determined that CDBG Programs are needed by low and moderate income citizens of Fort Worth; NOW,THEREFORE,THIS AGREEMENT FURTHER WITNESSETH: THAT, the parties covenant and agree as follows: 1. Scope of Services a. Contractor will administer Public Service services to citizens of the City of Fort Worth under the program name Meals on Wheels ("Program"), for the term June 1, 2004 to May 31, 2005. b. Contractor will provide the services and activities delineated in Exhibit A-Program Summary in accordance with Exhibit B-Program Services Schedule. c. Contractor agrees to meet the National Objective of activities benefiting low and moderate income individuals and to maintain full documentation supporting fulfillment of this National Objective in its files. d. City will monitor the performance of the Contractor against the goals and performance standards required herein. Substandard performance as determined by City will constitute non-compliance with this Agreement. If action to correct such substandard performance is not taken by Contractor within a reasonable period of time after being notified in writing by City, contract suspension or termination procedures will be initiated. 2. Compensation and Method of Payment a. City will disburse CDBG Year XXX monies in an amount up to $33,696.00 to Contractor on a reimbursement of expenses basis. 1 XXX CDBGCNT July 2,2004 b. Payment will be processed by City following receipt from Contractor of the following monthly financial documents: (1) Attachment I-Sub-Grantee's Request For Funds, (2) Attachment II-Detail Statement of Costs, and (3) Attachment III-Expenditures Worksheet Report. Reimbursement for the payment of eligible expenses shall be made against the line item budget specified in Exhibit C-Program Operating Budget and in accordance with performance specified in Exhibit B-Program Services Schedule. The City is under no obligation to disburse funds for expenditures which occurred prior to the first day of the month for which the report is submitted. c. Contractor agrees to utilize all disbursed CDBG funds for the benefit of the Program. Contractor agrees that funds will be expended in accordance with the Program Operating Budget. Contractor may not increase or decrease line-item amounts in the approved CDBG Program Operating Budget without prior written approval by the City. d. It is understood that the total cost for operation of this program is $2,692,786 and that Contractor will obtain the remaining funds in excess of the CDBG amount as detailed in the Program Operating Budget. Contractor will notify City promptly of any additional funding it receives for operation of the Program, and City reserves the right to amend the Program Operating Budget in such instances. e. Contractor agrees to keep all CDBG monies on hand in interest bearing accounts. All interest earned shall be reported to City on a monthly basis, at the same time as submission of the monthly report following the end of the contract month during which the interest was earned. Interest in an amount of $25.00 or less per month may be used for authorized program expenses. These amounts must be reported on the monthly financial statements filed pursuant to this contract. Interest earned in excess of $25.00 per month is subject to remittance to City as directed by City. f. Contractor will not commingle CDBG monies with any other funds in any manner which would prevent City from readily identifying program 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 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 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 Agreement required by HUD regulations specified in 24 CFR § 570.506. In addition, Contractor agrees to keep records to fully document all expenditures charged to the CDBG program. The documentation must support the amounts charged to Program and demonstrate that the expenditures were appropriate to the stated goals of the Program and allowable under applicable federal, state and City guidelines. ii. Retention (1) All records pertaining to Program shall be retained for four (4) years following the date of termination of this contract. Contractor may destroy Program records at the end of this four (4) year period if no outstanding audit finding exists. 2 XXX CDBGCNT July 2,2004 (2) Contractor will retain Program loan records until four (4) years after the expiration of the loan. iii. Property Records The contractor shall maintain real property inventory records which clearly identify properties purchased, improved, or sold. Properties retained shall meet eligibility criteria and shall conform with 24 CFR § 570.505. iv. Close Outs The Contractor's obligation to City shall not end until all close-out requirements are completed. Activities during this close-out period shall include, but are not limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to City), and determining the custodianship of records. v. Audits and Inspections (1) City, HUD, and the United States Comptroller General, or their representatives, shall have access to any books, documents, records and papers relating to the operations of Contractor under this Agreement for the purpose of audit, examination, exception and transcription at all reasonable hours at all offices of Contractor. (2) For all contracts in which Contractor is cumulatively receiving federal monies in the amount of $300,000 or more, Contractor must submit to City an annual audit prepared in accordance with 24 CFR Sections § 570.502-570.503 generally, with specific reference to OMB Circulars (with attachments) A-122 and A-133 as appropriate. The audit may cover either Contractor's fiscal year during which this contract is in force or cover the period of this contract. The audit must be prepared by an independent certified public accountant, be completed within twelve (12) months following the end of the period being audited and be submitted to City within thirty (30) days of its completion. Contractor's audit schedule is attached hereto as Exhibit D - Audit Schedule. Costs of preparation of this audit may be an allowable expenditure of CDBG funds in an amount proportional to that of the CDBG funds used in contractor's total agency operating budget. (3) City reserves the right to perform an audit of Contractor's program operations and finances at any time during the term of this contract, if City determines that such audit is necessary for City's compliance with OMB Circular A-128. Contractor agrees to allow access to all pertinent materials. If such audit reveals a questioned practice or expenditure, such questions must be resolved within fifteen (15) days after notice to Contractor. If questions are not resolved within this period, City reserves the right to withhold further funding under this and/or future contract(s). (4) If as a result of any audit it is determined that Contractor has misused, misapplied or misappropriated all or any part of the grant funds described herein, Contractor agrees to reimburse the City the amount of such monies so misused, misapplied or misappropriated, plus the amount of any sanction, penalty or other charge levied against City because of such misuse, misapplication or misappropriation. 4. Reporting Procedures Financial Reports a. Contractor will submit to City on a monthly basis: (1) Attachment I, Attachment II, Detailed Statement of costs; and (2) Attachment III, Expenditures worksheet as applicable, for expenses incurred for services and activities accomplished by Contractor in performance of this contract, and (3) 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 l ---, 71 7 3 XXX CDBGCNT July 2,2004 u (I;7 •n duly authorized agent of the Contractor submitted by the 15`'' of the month following the month being reported. b. Progress Reports Contractor will submit monthly Attachment IV Program Services Report, Attachment V, and Attachment VI to City 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 which is reported. c. Program Income Contractor agrees that all program income from operation of the Program in proportion to the amount of CDBG funds received hereunder will be expended prior to expending CDBG monies and that any such program income is subject to the terms of this contract. CDBG monies may be expended by the Contractor only if program income is insufficient to meet all eligible program activity expenses. Contractor agrees to return to City at the end of the Contract any remaining program income earned from operation of the Program in proportion to the amount of CDBG funds in the overall operating budget. d. Procurement i. Compliance The Contractor shall comply with City policy concerning the purchase of equipment and shall maintain inventory records of all non-expendable personal property, as defined by such policy,procured with funds provided herein. ii. OMB Standards The Contractor shall procure all materials, property, or services in accordance with the requirements of OMB Circular A-110, Procurement Standards, and shall subsequently comply with Property Management Standards as modified by 24 CFR 570.502(b)(vi), covering utilization and disposal of property. 5. Reversion of Assets a. Contractor agrees to return to City any CDBG funds remaining on hand at the end of the Contract. b. All property purchased with CDBG funds under this contract will be used solely for operation of the Program. Contractor agrees to obtain City approval prior to purchase of property. Contractor agrees to notify City upon receipt of property so that it may be properly tagged and inventoried. Title to such property will be vested with the City, and, at the termination of the Program for which CDBG funds have been received, Contractor will deliver all such property to City for disposition at City's sole discretion. 6. Applicable Laws a. Federal Contractor agrees to comply with the following laws and the regulations issued thereunder as they are currently written or are hereafter amended during performance of this contract: • Title VI of the Civil Rights Act of 1964 (42 USC 2000d et seq) • Title VIII of the Civil Rights Act of 1968 (42 USC 3601 et seq) • Executive Orders 11063, 11246, as amended by 11375 and as supplemented by Department of Labor regulations (41 CFR, Part 60) = 4 XXX CDBGCNr July 27,2004 'Li �-,' • The Age Discrimination in Employment Act of 1973 (29 USC 794) • Section 504 of the Rehabilitation Act of 1973 (29 USC 794) • The Immigration Reform and Control Act of 1986 (Pub. L. 99-603, 100 Stat. 3359, as amended), specifically including the provisions requiring employer verification of the legal status of its employees • The Housing and Community Development Act of 1987 (Pub. L. 100-242, 101 Stat. 1815, as amended) • The Americans with Disabilities Act of 1990 (42 USC 12101 et seq) b. Other Laws Contractor covenants and agrees that its officers, members, agents, employees, program participants and subcontractors shall abide by and comply with all other laws, federal, state and local, relevant to the performance of this contract, including all ordinances, rules and regulations of the City of Fort Worth and the Housing and Community Development Act of 1974 (Pub. L. 93-383, 885 Stat. 633,) as amended, and all regulations pertaining thereto. Contractor further promises and agrees that it has read, and is familiar with, terms and conditions of the Community Development Block Grant under which funds are granted and that it will fully comply with same. It is agreed and understood that, if City calls the attention of Contractor to any such violation on the part of Contractor or any of its officers, members, agents, employees, program participants or subcontractors, then Contractor shall immediately desist from and correct such violation. 7. Nondiscrimination a. Contractor, in the execution, performance or attempted performance of this contract and agreement, will not unlawfully discriminate against any person or persons because of sex, race, religion, age, disability, color or national origin, nor will Contractor permit its officers, members, agents, employees, subcontractors or program participants to engage in such discrimination. b. In accordance with the policy of the Executive Branch of the federal government, Contractor covenants that neither it nor any of its officers, members, agents, employees, program participants or subcontractors, while engaged in performing this contract, shall, in connection with the employment, advancement or discharge of employees or in connection with the terms, conditions or privileges of their employment, discriminate against persons because of their age except on the basis of bona fide occupational qualification, retirement plan or statutory requirement. c. Contractor further covenants that neither it nor its officers, members, agents, employees, subcontractors, program participants, or persons acting on their behalf, shall specify, in solicitations or advertisements for employees to work on this contract, a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan or statutory requirement. d. In accordance with the provisions of the Americans With Disabilities Act of 1990 ("ADA"), Contractor warrants that it and any and all of its subcontractors will not unlawfully discriminate on the basis of disability in the provision of services to the general public, nor in the availability, terms and/or conditions of employment for applicants for employment with Contractor, or employees of Contractor or any of its subcontractors. Contractor warrants it will fully comply with ADA's provisions and any other applicable federal, state and local laws concerning disability and will defend, indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractors against City arising out of Contractor's :. L-:1.. 5 XXX CDBGCNr July 2,2004 l and/or its subcontractors' alleged failure to comply with the above-referenced laws concerning disability discrimination in the performance of this agreement. e. This agreement is made and entered into with reference specifically to the ordinances codified at Chapter 17, Article III, Division 3 ("Discrimination in Employment Practices"), of the City Code of the City of Fort Worth, and Contractor hereby covenants and agrees that Contractor, its officers, members, agents, employees and subcontractors, have fully complied 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. 8. Prohibition Against Interest a. No member, officer or employee of City or its designees or agents; no member of the governing body of the locality in which the Program is situated; and no other public official of such locality or localities, who exercises any functions or responsibilities with respect to the Program funded hereunder during his or her tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed hereunder. Contractor shall incorporate, or cause to be incorporated, like language prohibiting such interest in all contracts and subcontracts hereunder. b. No member, officer, employee, or program participant of Contractor or its subcontractors shall have a financial interest, direct or indirect, in this contract or the monies transferred hereunder or be financially interested, directly or indirectly, in the sale to Contractor of any land, materials, supplies or services purchased with any funds transferred hereunder, except on behalf of Contractor, as an officer, employee, member or program participant. Any willful violation of this paragraph with the knowledge, expressed or implied, of Contractor or its subcontractors shall render this contract voidable by the City of Fort Worth. 9. Minority and Women Business Enterprise Commitment Contractor agrees to abide by the City of Fort Worth's policy to involve Minority and Women Business Enterprises (MWBEs) in all phases its procurement practices and to provide them an equal opportunity to compete for contracts for construction, provision of professional services, purchase of equipment and supplies and provision of other services required by City. Therefore, Contractor agrees to incorporate City Ordinance No. 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 Policy. 10. Non Assignment Contractor will not assign any or all of its rights or responsibilities under this contract without the prior written approval of City. Any purported assignment without such approval will be a breach of this contract and void in all respects. 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, 6 XXX CDBGCNT July 2,2004 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, not 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 not 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. Insurance and Bonding a. Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, City and its officers, agents, servants and employees from and against any and all claims or suits for property loss or damage and/or personal injury, including death, to any and all persons, of whatsoever kind or character, whether real or asserted, arising out of or in connection with the execution, performance, attempted performance or nonperformance of this contract and agreement and/or the operations, activities and services of the Program described herein, whether or not caused, in whole or in part, by alleged negligence of officers, agents, servants, employees, contractors or subcontractors of City; and Contractor hereby assumes all liability and responsibility of City and its officers, agents, servants, and employees for any and all claims or suits for property loss or damage and/or personal injury, including death, to any and all persons, of whatsoever kinds or character, whether real or asserted, arising out of or in connection with the execution, performance, attempted performance or non-performance of this contract and agreement and/or the operations, activities and services of the programs described herein, whether or not caused in whole or in part, by alleged negligence of officers, agents, servants, employees, contractors or subcontractors of City. Contractor likewise covenants and agrees to and does hereby indemnify and hold harmless City from and against any and all injury, damage or destruction of property of City, arising out or in connection with all acts or omissions of Contractor, its officers, members, agents, employees, subcontractors, invitees, licensees, or program participants, or caused, in whole or in part, by alleged negligence of officers, agents, servants, employees, contractors or subcontractors of City. b. Contractor will maintain a blanket fidelity coverage in the form of a bond in the amount of $33,696.00, 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 CDBG monies occasioned by such misconduct. To effectuate such reimbursement, such bond shall include a rider stating that reimbursement for any loss or losses thereunder shall be made directly to City for the uses and benefit of Contractor. c. Contractor shall furnish certificates of insurance as proof that it has secured and paid for policies of workers' compensation, public liability and automobile liability insurance covering all risks incident to or in connection with the execution, performance, attempted performance or nonperformance of this contract and agreement. The amounts of such insurance shall not be less than the maximum liability which can be imposed on City under the laws of the State 7 XXX CDBGCNT July 2,2004 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. 13. Waiver of Immunity If Contractor, as a charitable or nonprofit organization, has or claims an immunity or exemption (statutory or otherwise) from and against liability for damages or injury, including death, to persons or property; Contractor hereby expressly waives its rights to plead defensively such immunity or exemption as against City. This section shall not be construed to affect a governmental entity's immunities under constitutional, statutory or common law. 14. Termination a. In addition to, and not in substitution for, other provisions of this Agreement regarding the provision of public services with CDBG funds, pursuant to Title I of the Housing and Community Development Act of 1974, as amended, it is expressly understood and agreed by and between the parties hereto that this agreement is wholly conditioned upon the actual receipt by City of Federal CDBG Year XXX funds; that all monies distributed to Contractor hereunder shall be exclusively from Federal monies received under said grant and not from any monies of City; and that if such funds under said grant are not timely forthcoming, in whole or in part, City may, at its sole discretion, terminate this contract and agreement and City shall not be liable for payment for any work or services performed by Contractor under or in connection with this contract. b. City may terminate this contract whenever such termination is determined to be in the best interest of City, in event of Contractor's default, inability or failure to perform or to comply with any of the terms herein, or for other good cause. c. The parties acknowledge that CDBG funds paid hereunder are intended to provide only partial funding for Contractor's program operations. If non-CDBG funds included in the Operating Budget are not forthcoming to Contractor during the contract term, City may terminate this contract. d. CDBG funds provided hereunder may not be used as collateral for loans to Contractor to defray program operation expenses, and any attempted use of CDBG funds for this purpose will result in termination of this contract by City. e. Termination will be effected by written notice to Contractor, specifying the portions of the contract affected and the effective date of termination. Upon Contractor's receipt of such termination notice, Contractor will: • Stop work under the contract on the date and to the extent specified by City; • Cease expenditures of CDBG monies, except as necessary for completion of the portions of the contract not terminated; and • Terminate all orders and contracts to the extent that they relate to terminated portions of the contract. f. Contractor will return to City any unused monies previously advanced by City under this contract within thirty (30) days of the effective date of contract termination. City will have no responsibility or liability for Contractor's expenditures or actions occurring after the effective date of contract termination. 8 XXX CDBGCNr July 2,2004 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 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. 16. Miscellaneous Provisions a. All terms of this contract shall apply to any and all subcontractors of Contractor who are in any way paid with CDBG funds or who perform any work in connection with Contractor's program. b. The provisions of this agreement are severable, and, if for any reason a clause, sentence, paragraph or other part of this agreement shall be determined to be invalid by a court or federal or state agency, board or commission having jurisdiction over the subject matter thereof, such invalidity shall not affect other provisions which can be given effect without the invalid provision. c. The failure of the City to insist upon the performance of any term or provision of this agreement or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to any extent of City's right to assert or rely upon any such term or right on any future occasion. d. Should any action, whether real or asserted, at law or in equity, arise out of the execution, performance, attempted performance or nonperformance of this contract and agreement, venue for said action shall 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 hereto concerning the work and services to be performed hereunder, and any prior or contemporaneous, oral or written agreement which purports to vary from the terms hereof shall be void. Any amendments to the terms of this contract must be in writing and must be approved by each party to this contract. 9 XXX CDBGCNT July 2,2004 IN WITNESS WHEREOF, the partiesr have exec d four copie of this contraSt in Fort Worth,Tarrant County,Texas, this day of ,A.D. 20 G . CITY OF FORT WORTH Meals on Wheels 0 By: By: it /-1—7e"' Charles R. Boswell Ms. Carla tson Assistant City Manager Executi Director APPROVED AS TO FORM AND LEGALITY: - Or I I �A City A n Date ATTEST: per(� Cont r ct Au orization all ity cretary Date ;J Iff �� 7 �a •=�e�`::i!��Q�P ��G10 10 XXX CDBGCNT July 2,2004 STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Charles Boswell, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the City of Fort Worth and that he/she executed the same as the act of said City of Fort Worth for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this �' day of `� A.D. 20 . .=SPRY Pad ROSELLA BARNES NOTARY PUBLIC *9, * state of Texas Notary Public in and for lfi,oF Comm. Exp.03-31-2005 the State of Texas STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Ms. Carla Jutson, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he\she executed the same for the purposes and consideration therein expressed, as the act and deed for Meals on Wheels and in the capacity therein stated as its duly authorized officer or representative. GIVEN VNDER MY HAND AND SEAL OF OFFICE this day of aatz ."-� A.D. 20Q . J111AA-1 i&V7& Notary Pub ' in and for SheirY 6 the State of'Texas 7-1 a-�5- 11 XXX CDBGCNT July 2,2004 APPENDIX A—CONSTITUTIONAL PROVISION Contractor represents that it is, or may be deemed to be, a religious or denominational institution or an organization operated for religious purposes which is supervised or controlled by or in connection with a religious or denominational institutional or organization. Pursuant to Title 24 CFR CH. V§ 570.2000). Contractor agrees that in connection with this contract: a. It will not discriminate against any person applying for such public services on the basis of religion and will not limit such services or give preference to persons on the basis of religion,and; b. It will not discriminate against any person applying for such public services on the basis of religion and will not limit such services or give preference to persons on the basis of religion,and; c. It will provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing, and exert no other religious influence in the provision of such public services, and; d. Where public services provided under paragraph 0)(3) of section 24 CFR 570. 200 are carried out on property owned by the primarily religious entity, CDBG funds may also be used for minor repairs to such property which are directly related to carrying out the public services where the cost constitutes in dollar terms only an incidental portion of the CDBG expenditure for the public services. EXHIBIT A PROGRAM SUMMARY Meals on Wheels AGENCY Meals on Wheels PROGRAM 00000 June 1, 2004-May 31, 2005 $33,696 CONTRACT NO. PERIOD AMOUNT PROGRAM DESCRIPTION Prepare and deliver hot noon meals 260days and provide case management and advocacy services to 58 homebound, disabled, and elderly persons. CDBG monies received will pay for the cost of the meals that is provided by a contractual service. COUNCIL DISTRICT (S) Council District(s) ALL PROGRAivi GOALS Enhance participants quality of life. PROGRAM OBJECTIVES To allow participants to remain in their own homes. PROGRAM SERVICES and ACTIVITIES GOALS Number of clients (per month) 57 Number of unduplicated clients served 90 Number of meals served per year (cost per meal$2.22) 15,178 Case manager visits in home 125 '•,�'5? :x;7,7 m m = m 00 a) 00 Q N r ;:: — U') LO (D r- f- O (D LO — N r co Q 0 O N lt') � N co r tof-- O co 2 LO — N r J f-- O (OD U- U7 — N w C O (D _ (n r N x V fl- O (OD X w °° (n N C) \ E > 4 i Z (n N LL' _ O d O p 0 L N CO d d U 00 (n CD N ti (D � N r ry 3 00 LO r (D Q (n r N r (D 3 00 ti r (D L C14 C v 7 00 r (D LO N r 0) Z O O N N E v C E 0) 0) (n N U y > > ' _O Q U O 0) 0) Q 0 E C m O O C O N = M > U CITY OF FORT WORTH EXHIBIT C CDBG YEAR XXX Page 1 of 3 CONTRACT PERIOD From: 6/12004 To: 5/312005 Name of Sub Grantee Name of Program Meals on Wheels Meals on Wheels Program G Cost Category Budget Funds ral fdl PERSONAL SERVICES Salaries $ 834,994.00 $ 834,994.00 FICA $ 63,877.00 $ 63,877.00 Life Insurance $ 2,000.00 $ 2,000.00 Health Insurance $ 48,255.00 $ 48,255.00 Employment Tax-State 0 (1) 0 (1) Employment Tax-Federal 0 (1) 0(1) Workers Comp $ 1,000.00 $ 1.000.00 Retirement $ 35,000.00 $ 35,000.00 Volunteer Recruiting $ 9,000.00 $ 9,000.00 SUPPLIES Office Supplies $ 24,000.00 $ 24,000.00 Postage $ 18,000.00 $ 18,000.00 Meal Delivery Supplies $ 31,000.00 $ 31,000.00 Other(Specify)*Meals $1,194,360.00 $33,696.00 $ 1,160,391.00 CONTRACTUAL SERVICES Telephone $ 9,500.00 $ 9,500.00 Electric $ 21,000.00 $ 21,000.00 Gas $ 21,000.00 $ 12,000.00 Water/Waste Disposal $ 7,000.00 $ 7,000.00 Rent[Building] $ 52,300.00 $ 52,300.00 Capital Equipment $ 37,000.00 $ 37,000.00 Fund Raising Expenses $ 131,000.00 $ 131,000.00 Printing $ 26,000.00 $ 26,000.00 Repairs $ 5,000.00 $ 5,000.00 Fidelity Bond' $ 500.00 $ 500.00 Liability Insurance'** $ 59,500.00 $ 59,500.00 Legal &Accounting $ 9,500.00 $ 9,500.00 Private Auto Allowance-Local $ 35,000.00 $ 35,000.00 Conference&Seminars $ 17,000.00 $ 17,000.00 CAPITAL OUTLAY $ - Ice Furniture - Computer Equipment $ Other: Described $ - TOTAL $2,692,786.00 $33,696.00 $2,649,817.00 $0.001 $0.001 $0.00 Note:Column A should be the total of Columns B through F. Specify on Budget Detail(following pages) (1)=Self Insured Use one column for each non-grant funding source;not 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 [a] All other sources [b] BUDGET DETAIL Page 2 of 3 PERSONAL SERVICES Hourly Annual % of Position/Title Rate Hours Time Amount 1 2 3 4 5 6 7 8 TOTAL STAFF SALARIES - FRINGE BENEFITS %of % Paid % Paid CATEGORY Payroll Amount by Agency byCDBG Amount FICA Life Insurance Health Insurance Employment Tax Worker's Comp Retirement TOTAL FRINGE BENEFITS TOTAL PERSONAL SERVICES BUDGET DETAIL Page 3 of 3 UTILITIES AVERAGE COST PER NUMBER OF MONTHS AMOUNT CATEGORY MONTH Telephone Electric Gas Waste/Water Disposal Other Total Utilities $ - BUILDING LEASE BUILDING COST PER LOCATION NO. SQUARE FOOT SQUARE FOOT AMOUNT 1 2 3 TOTAL BUILDING LEASE 0 OTHER EXPENSES CATEGORY TOTAL CHARGE %CHARGED TO CDBG AMOUNT Fidelity Bond 0% Liability Insurance 0% Legal&Accounting 0% Other(Specify) $1,194,360.00 2.84% $ 33,696.00 TOTAL OTHER EXPENSES CONFERENCES AND SEMINARS EVENT TOTAL CHARGE %CHARGED TO CDBG AMOUNT 1 2 3 TOTAL CONFERENCES AND SEMINARS $ - OFFICE EQUIPMENT RENTAL ITEM TOTAL CHARGE % CHARGED TO CDBG AMOUNT 1 2 TOTAL OFFICE EQUIPMENT RENTAL $ - EXHIBIT "D" AUDIT SCHEDULE INDEPENDENT AUDIT REQUIREMENT BUSINESS/AGENCY NAME: Meals on Wheels PROGRAM: Meals on Wheels CDBG YEAR: XXX AMOUNT FUNDED: $33,696.00 Name of Independent Auditor who will perform agency audit: Independent Auditor to be contracted during CDBG contract period. Date audit is to be performed: Within 60 days of completion of CDBG funded project. The following language is a condition of your contract with the City: (1) For all contracts in which Contractor is cumulatively receiving federal monies in the amount of$300,000 or more, Contractor must submit to City an annual audit prepared in accordance with 24 CFR Sections § 570.502-570.503 generally, with specific reference to OMB Circulars (with attachments) A-122 and A-133 as appropriate. The audit may cover either Contractor's fiscal year during which this contract is in force or cover the period of this contract. The audit must be prepared by an independent certified public accountant, be completed within twelve (12) months following the end of the period being audited and be submitted to City within thirty (30) days of its completion. Contractor's audit schedule is attached hereto as Exhibit D - Audit Schedule. Costs of preparation of this audit may be an allowable expenditure of CDBG funds in an amount proportional to that of the CDBG funds used in contractor's total agency operating budget. This form is to be completed and submitted to the Intergovernmental Affairs and Grants Management Division at the beginning of each contract year. l� Signature CITY OF FORT WORTH Attachment I INTERGOVERNMENTAL AFFAIRS AND GRANTS MANAGEMENT CONTRACT MANAGEMENT DIVISION REQUEST FOR FUNDS AGENCY: Meals on Wheels PROGRAM: Meals on Wheels ADDRESS: 320 South Freeway CONTRACT NUMBER: Fort worth, TX 76104 CONTRACT AMOUNT: $33,696.00 CONTRACT DATE: 6/1/2004 DATE OF REQUEST: SECTION I (AGENCY) CURRENT MONTH CUMULATIVE I. Reimbursement Request 1. Expenditures: $ $ 2. Income A. Program Income $ $ B. City of Fort Worth $ $ C. Interest Earned CDBG Funds $ $ 3. Reimbursement(1 minus 2) $ $ II.Advance Pay Requests/Repayment $ $ III. Reporting Interest 1. Interest over$25 per quarter returned to City of Fort Worth $ $ SECTION II (CITY) I. BYSPEED -Purchasing Request A.BYSPEED INPUT:Vendor/PO Number/Requisition Number: B. Fund/Account/Center: GR76/539120/002206929550 C.Total Amount of this Request: $ SECTION III I. Verification A. Contract Compliance Specialist Marilyn Jackson (Name) (Signature) (Date) B. BYSPEED-Purchasing (Name) (Signature) (Date) C. Accounting (Name) (Signature) (Date) II.Authorization A. Agency Carla Juston (Name) (Signature) (Date) B. Contract Manager D.Emerson (Name) (Signature) (Date) C. Budget Director B. Garrett (Name) (Signature) (Date) Distribution: 1 Copy-Accounting 1 Copy-IAGM I 1 Copy-Agency CITY OF FORT WORTH CDBG ATTACHMENT 2 INTERGOVERNMENTAL AFFAIRS AND GRANTS MANAGEMENT CONTRACT MANAGEMENT DIVISION DETAIL STATEMENT OF COSTS Meals on Wheels _ AGENCY CONTRACT NO. DATE Meals on Wheels TO PROGRAM REPORT PERIOD PROGRAM MONTHLY CUMULATIVE COST CATEGORY ACCOUNT BUDGET EXPENDITURES TO DATE BALANCE PERSONAL SERVICES Salaries 516 010 FICA 518 010 Life Insurance 518 050 Health Insurance 518 060 Unem to ment Tax-State 518 090 Worker's Comp 518 040 Retirement 518 070 SUPPLIES Office Supplies 521 010 Postage 521 020 Teaching Aids (Equipment) 522 030 Food Supplies 522 030 Other Operating Su lies 523 300 CONTRACTUAL SERVICES Telephone 535 040 Electric 535 020 Gas[Utility] 535 010 Water/Waste Disposal 535 030 Rent[Building) 537 010 Custodial Services 539 220 Office Equipment Rental 537 030 Printinq 533 030 Repairs 536 010 Fidelity Bond 538 210 Liability Insurance 534 020 Legal&Accounting 538 050 Private Auto Allowance-Local 532 130 Advertising 533 010 Conferences&Seminars 531 180 Contractual Services 539 120 CAPITAL OUTLAY Furniture, Fixtures 541 330 Office Equipment,Com uters 541 370 Other Equipment 541 320 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 NAME:and TITLE OF AUTHORIZED OFFICER SIGNATURE and DATE PREPARE ONE FORM FOR EACH SOURCE OF FUNDS DISTRIBUTION: 1 Copy-Accounting 1 Copy-IAGM 1 Copy Agcnry 2 a?*,qMq07RMAp02,�0,[,. ,04 lily ATTACHMENT 3 CITY OF FORT WORTH INTERGOVERNMENTAL AFFAIRS AND GRANTS MANAGEMENT CONTRACT MANAGEMENT DIVISION EXPENDITURES WORKSHEET Meals on Wheels Agency Contract Number Date Meals on Wheels To Program Report Period NO DATE CHECK NO PAYEE DESCRIPTION ACCOUNT NO. AMOUNT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 TOTAL TITLE OF AUTHORIZED OFFICER SIGNATURE AND DATE Distribution: 1 copy-Accounting 1 copy-IAGM 1 copy-Agency CDBG ATTACHMENT 4A CITY OF FORT WORTH INTERGOVERNMENTAL AFFAIRS AND GRANTS MANAGEMENT CDBG YEAR XXX Public Service 1. Name and Address of Sub-Grantee 2. Project Name Meals on Wheels Meals on Wheels 320 South Freeway 3. Contract No. Fort Worth, TX 76104 4. Date of Request Month &Year 5. Program Services and Activities Current Month Cumulative Number of New Households and/or Persons Served 6. Direct Benefit(Continued) Low/Mod Low Income Current Month Cumulative 7. Age 0-4 5- 17 18-24 25-54 55-64 64+ 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 aurate, and if a non-profit agency, has been approved by the governing body of the organization prior to submission. Date: Submitted by: Phone No. Attachment 46 CITY OF FORT WORTH INTERGOVERNMENTAL AFFAIRS AND GRANTS MANAGEMENT CDBG YEAR XXX Public Service 1. Name and Address of Sub-Grantee 2. Project Name Meals on Wheels Meals on Wheels 320 South Freeway 3. Contract No. Fort Worth, TX 76104 4. Date of Request Month &Year 8. Direct Benefit Data(New Household and/or Persons Served) White Black/ Asian American Indian/ Native Hawaiian/ American Indian/ Asian African Alaskan Native Other Pacific Alaskan Native &White American Islander &White #of Hispanic Current Month cumulative Am.Indian Alaskan Black/African Native& American& Black/African Other Multi- Asian/Pacific White American racial Islander Hispanic #of Hispanic 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 aurate, and if a non-profit agency, has been approved by the governing body of the organization prior to submission. Date: Submitted by: Phone No. E _ .AIn7 ._ ... ATTACHMENT 5 CITY OF FORT WORTH INTERGOVERNMENTAL AFFAIRS AND GRANTS MANAGEMENT 1.Agency/Address 2.Project Name: Meals on Wheels Meals on Wheels 3.Contract No: Contract Date: 6/1/2004 320 South Freeway Contract Amount 33,696 Fort Worth,TX 76104 4.Date of Request: MONTH&YEAR 5. PROGRAM SERVICES AND ACTIVITIES: CURRENT CUMULATIVE 6. SCOPE OF WORK NARRATIVE: 7. PROBLEMS ENCOUNTERED / SOLUTIONS PROPOSED: 8. ANTICIPATED ACTIVITY DURING THE NEXT MONTH: 9. CERTIFICATION: The undersigned hereby gives assurance that to the best of my knowledge and belief,the data included in this report is true and accurate,and if a non-profit agency,has been approved by the governing body of the organization prior to submission. Date: Submitted by: t r " ,N r���' v ' IL't-vlrlj ) \ � m t / 0 z oInn LU E _ W 2 § « 2 ƒ - - E § .2 U) 2 / f 2 ) 2 m Cl) 7 7 0 i � 2 \ � / �2 LL ° _ ■ cm OLL ° ° � ■ 21 LL LL O k 2 J ■ § E 1 LL 4.4. u - m / E k 22 % ■ z � k k k ® k § U E _ LL _ 0 k � > W Q 4 ° p / CL rL U § \LUul� § 2 k / § � � k �4a � a -0 _ § _ 2 l r- \ 0) � E t * In ' L ■ = m E 2 © § = o z m � f § � � JRU. 2 / ( \ 2 k § 2 . . . . �g .2s . C N L Q O z U f` C U ul ul d Q r d d r N x O x LL d 0 0 c ea E Li E r m p o U d v �a x d N m tm Q F— a LU Lf Y Q L d O Z ZC U W C C J o 0 UU Q C U/ E L U R Q L O CL . m c O U) L N C E O d N O V � C O � c c � •o z c w •C L tmm a `O c m w- O t � m O 3 � O tm c c Ag C E > .- O O Q1 r.+ y N N � O � O CL CL v c c m � m U) N U m m u >_ c m r a � y c � c O � c � c L C C U 7 IC co y a ~ ` L Z � H O Q C U is c � � Y 0 U � � Page I of 3 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 6/8/2004 DATE: Tuesday, June 08, 2004 LOG NAME: 02ACTIVITY REFERENCE NO.: **C-20095 SUBJECT: Community Development Block Grant Year XXX, Emergency Shelter Grant Year 2004-2005, and Housing Opportunities for Persons with AIDS 2004-2005 Contract Activities RECOMMENDATION: It is recommended that the City Council: Authorize the City Manager to execute Community Develoment Block Grant (CDBG) Year XXX, Emergency Shelter Grant (ESG) Year 2004-2005 and Housing Opportunities for Person with AIDS (HOPWA) Year 2004-2005, contracts with the following organizations to administer their respective programs, contingent upon approval and receipt of adequate funding from the U.S. Department of Housing and Urban Development (HUD), for a term beginning June 1, 2004, and ending May 31, 2005: I. Community Development Block Grant (CDBG) Contract with the listed agencies for an amount not to exceed the following: Southside Area Ministries (SAM'S Kids) $ 4 ,610 Habitat for Humanity $14,762.00 REACH, Inc. $19,683.00 Centro Cultural de las Americas $27,540.00 Boys and Girls Clubs (NINOS) $19,829.00 Boys and Girls Club(KEYS) $18,266.00 JMAC Yough Center of Tarrant County $25,000.00 East Fort Worth Montessori $22,385.00 Latin Arts Associaton $17,250.00 Summerbridge Fort Worth $27,338.00 CJ's Studio of Perforning Arts $9,000.00 Women's Center of Tarrant County $27,000.00 YWCA of Fort Worth (AIM) $20,986.00 YWCA of Fort Worth (Child Care) $150,000.00 Child Care Associates $130,000.00 Fort Worth Housing Authority (AMAKA) $30,000.00 YMCA $120,375.00 Clayton Child Care $60,000.00 Southside Area Ministries (Mid South Seniors) $2,570.00 Senior Citizen Services of Tarrant County (COMO) $17,597.00 http://www.cfwnet.org/council_packet/Reports/mc_print.asp 6/14/2004 Page 2 of 3 Meals on Wheels $33,696.00 Senior Citizen Services of Tarrant County (RIVERSIDE) $15,271.00 Mental Health Association (OMBUDSMAN) $17,500.00 Mental Health Associstion (Advocate) $24,750.00 Northside Inter-Church Agency $28,933.00 Southside Area Ministries (Adult ESL) $3,500.00 Day Resource Center $30,000.00 Presbyterian Night Shelter(Bottle Deposit) $30,000.00 Job, Inc. $73,198.00 Fort Worth SER $72,224.00 A-PREP Center of Tarrant County $71,745.00 Fort Worth Economic Development Corp. (RLF) $51,908.00 TOTAL CDBG $1,216,916.00 II. Emergency Shelter Grant (ESG) YWCA(Supportive Living) $13,500.00 Cornerstone Assistance Network $13,568.00 Presbyterian Night Shelter(Shelter) $151,308.00 Bridge Emergency Youth Services $7,082.00 Women's Haven of Tarrant County, Inc. $21,683.00 Presbyterian Night Shelter(Infirmary) $15,040.00 MHMR of Tarrant County $16,117.00 YWCA(My Own Place) $19,794.00 TOTAL ESG $258,092.00 III. Housing Opportunities for Persons with HIV/AIDS (HOPWA) AIDS Outreach Center, Inc. $462,620.00 Tarrant County Samaritan Housing, Inc. $242,539.00 AIDS Resources of Rural Texas $104,791.00 TOTAL HOPWA $809,950.00 DISCUSSION: On April 6, 2004, the City Council approved and adopted the budgets and the appropriation ordinance increasing estimated receipts and appropriations for the Thirtieth (30th) Year Community Development Block Grant (CDBG), (2004-2005), Emergency Shelter Grant (ESG), and (2004-2005) Housing Opportunities for Persons with AIDS (HOPWA), grant funds as part of the City's Consolidated Action Plan. The Consolidated Action Plan, as adopted by the City Council, included program descriptions for each of the above funded programs. The above programs are consistent with the City's approved priorities and the City Council's prior policies and meet the requirements of the Department of Housing and Urban Development (HUD) regulations conceming eligible "activities." http://www.dwaot.orq/council_packet/Reports/mc_Print.asp 6/14/2004 Page 3 of 3 FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds will be available in the current operating budget, as appropriated, of the Grants Fund contingent upon approval and receipt of adequate funding from the U.S. Department of Housing and Urban Development (HUD) for the term beginning June 1, 2004, and ending May 31, 2005. TO Fund/Account/Centers FROM Fund/Account/Centers GR76 5 $258,092.00 (VARIOUS) XXX206931XXX GR76 5 $809,950.00 (VARIOUS) XXX206932XXX GR76 5 $1,216,916.00 (VARIOUS) XXX206929XXX Submitted for City Managers Office byj Charles Boswell (8511) Originating Department Head: Bridgette Garrett (6183) Additional Information Contact: Deidra Emerson (7563) http://www.cfwnet.org/council_packet/Reports/mc—print.asp 6/14/2004