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HomeMy WebLinkAboutContract 31973 STATE OF TEXAS ("'I Tv SECRETARY COUNTY OF TARRANT N+p. 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 Richard Zavala, its duly authorized Acting Assistant City Manager, and AIDS Resources of Rural Texas ("Contractor"), whose address is PO Box 1720, Weatherford, TX 76086, acting by and through Mr. Bradley Ward, its duly authorized 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 seg.) for utilization in connection with the Housing Opportunities for Persons with AIDS ("HOPWA") program, Program No. TXH-05-MC-F002, for Year XXXI; WHEREAS, the HOPWA program provides housing assistance and related support services for low-income persons with HIV/AIDS and their families; WHEREAS, City has been designated by HUD to service Tarrant, Johnson, Wise and Parker Counties through HOPWA; WHEREAS, one of the national objectives of the HOPWA program is to benefit low and moderate income citizens (the "National Objective"); WHEREAS, City citizens, the Community Development Council, and the City Council have determined that Housing programs are needed by the City's low and moderate-income citizens. 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 under the program name Housing ("Program"), for the term June 1, 2005 to May 31, 2006. 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 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 and evaluate Contractor's performance using the goals and performance standards required in this Contract. Substandard performance as determined by City monitoring will constitute non-compliance with this Contract. If action to correct such substandard performance is not taken by Contractor within a reasonable period of time after being notified in writing by City, procedures to suspend or terminate the Contract will be initiated. 2. Compensation and Method of Payment a. City will disburse HOPWA Year XXXI funds ("HOPWA Funds") in an amount up to $103,141 to Contractor on a reimbursement of expenses basis. HOPWA YEAR XXXI CONTRACT 6—2 c —O tJ P 0 2 : 1 9 R C w D Rev.05-18-05 AIDS Resources of Rural Texas S 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. Reimbursement for the payment of eligible expenses shall be made against the budget specified in Exhibit C-Program Operating Budget and in accordance with performance specified in Exhibit B-Program Services Schedule. City is under no obligation to disburse funds for expenditures that occurred prior to the first day of the month for which the reports are submitted. c. Contractor agrees to utilize all disbursed HOPWA Funds for the benefit of the Program. Contractor agrees that all funds will be expended in accordance with Exhibit C-Program Operating Budget. Contractor may not increase or decrease line-item amounts in the approved HOPWA Funds portion of Exhibit C-Program Operating Budget without City's prior written approval. d. It is understood that the total cost for operation of this Program is $505,278 and that Contractor will obtain from other sources the remaining funds in excess of the HOPWA Funds as detailed in Exhibit C-Program Operating Budget. Contractor will notify City promptly of any additional funds it receives for operation of the Program, and City reserves the right to amend Exhibit C-Program Operating Budget in such instances. e. Contractor agrees to keep all HOPWA Funds on hand in interest bearing accounts. All interest earned shall be reported to City on a monthly basis, at the same time as submission of the monthly report following the end of the Contract month during which the interest was earned. Interest in an amount of $25.00 or less per month may be used for authorized Program expenses. These amounts must be reported on the monthly financial statements filed pursuant to this Contract. Interest earned in excess of $25.00 per month is subject to remittance to City as directed by City. f. Contractor will not commingle HOPWA Funds with any other funds in any manner that would prevent City from readily identifying expenditures for operation of the Program. 3. Uniform Administrative Requirements and Program Management Standards a. Financial Management i. Accounting Standards 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 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. The documentation must support the amounts charged to the 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 termination of this Contract. Contractor may destroy Program records at the end of this four (4) year period if no outstanding audit finding exists. --- HOPWA YEAR XXXI CONTRACT Rev. 5-1" - AIDS Resources of Rural Texas �1IjIIC 11 �J] n, Y (2) Contractor will retain any Program loan records until four (4) years after the expiration of any loan. iii. Real Property Records Contractor shall maintain real property inventory records that clearly identify properties purchased, improved, or sold. Properties retained shall meet eligibility criteria and shall conform to the requirements of 24 CFR§ 574.630. iv. Closeouts Contractor's obligation to City shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but are not limited to: making final payments, disposing of Program assets (including the return of all unused materials, equipment, unspent cash advances, Program income balances, and accounts receivable to City), and determining the custodianship of records. v. Audits and Inspections (1) City, HUD, and the United States Comptroller General, or their respective representatives, shall have access to any books, documents, records and papers relating to the operations of Contractor under this Contract for the purpose of audit, examination, exception and transcription at all of Contractor's offices at all reasonable hours. (2) All non-federal entities that expend $500,000 or more in Federal funds within one (1) year, regardless of the source of the Federal award, must submit to City an annual audit prepared in accordance with 24 CFR Sections § 570.502-570.503 generally, with specific reference to OMB Circulars (with attachments) A-122, "Cost Principles for Non-Profit Organizations", and A-133, "Audits of States, Local Governments, and Non-Profit Organizations", as appropriate. The audit may cover either Contractor's fiscal year during which this Contract is in force or cover the period of this Contract. The audit must be prepared by an independent certified public accountant, be completed within 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 certification is attached hereto as Exhibit D - Audit Schedule Independent Audit Requirement. The Audit Schedule Form must be submitted to City within sixty (60) days of the end of the period being audited (Contractor's fiscal year). Costs of preparation of this audit may be an allowable expenditure of HOPWA Funds in an amount proportional to that of the HOPWA Funds used in Contractor's total agency operating budget. Non-profit entities that expend less than $500,000 a year in Federal funds are exempt from Federal audit requirements for that year, but records must be available for review or audit by appropriate officials of the Federal agency, City, and General Accounting Office ("GAO"). (3) City reserves the right to perform an audit of Contractor's agency operations and finances at any time during the term of this Contract, if City determines that such audit is necessary for City's compliance with OMB Circular A-133. Contractor agrees to allow access to all relevant books, records and materials. If such audit reveals a questioned practice or 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) with Contractor. (4) 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 IL Finds,-{2)- - Attachment II-Detailed Statement of Costs, (3) Attachment III-Expenditures Worksheet, HOPWA YEAR XXXI CONTRACT Rev.05-18-05 AIDS Resources of Rural Texas 3 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 15'h of the month following the month being reported. City is under no obligation to disburse funds for expenditures that occurred prior to the firs day of the month for which the report is submitted. b. Progress Reports Contractor will submit to City on a monthly basis: (1) Attachment IVa-Program Services Report, (2) Attachment IVb-Direct Benefit Data Report for services and activities undertaken by Contractor in performance of this Contract. The report will be signed by a duly authorized agent of Contractor and submitted by the 15'h of the month following the month that is reported. City is under no obligation to disburse funds for expenditures that occurred prior to the firs day of the month for which the report is submitted. c. Program Income Contractor agrees that all program income from operation of the Program in proportion to the amount of HOPWA Funds received hereunder will be expended prior to expending HOPWA Funds and that any such program income is subject to the terms of this Contract. Contractor may expend HOPWA Funds 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 HOPWA Funds in Exhibit A-Program Summary and Exhibit C-Program Operating Budget. d. 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, as modified by 24 CFR 570.502(b)(6), covering utilization and disposal of property. 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: • 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 seg.) • Executive Orders 11063, 11246, as amended by Executive Orders 11375 and 12086 and as supplemented by 41 CFR Part 60 HOPWA YEAR XCXI CONTRACT Rev.05-18-05 AIDS Resources of Rural Texas 4 • The Age Discrimination in.Employment Act of 1967 (29 USC 621) • The Age Discrimination Act of 1975 (42 USC 6101 et seq.) • Section 504 of the Rehabilitation Act of 1973 (29 USC 794 et seq.) and 24 CFR Part 8 where applicable • 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. • 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 Housing and Community Development Act of 1987 (42 USC 5301 et seq.) • The Americans with Disabilities Act of 1990 (42 USC 12101 et seq.) • Drug Free Workplace Act of 1988 (41 USC 701 et seq.) and 24 CFR Part 23, Subpart F • Regulations as 24 CFR Part 87 related to lobbying, including the requirement that certifications and disclosures be obtained from all covered persons • Executive Order 12549 and 24 CFR Part 5.105 (c) pertaining to restrictions on participation by ineligible, debarred, or suspended persons or entities. b. Section 3 of the Housing and Urban Development Act of 1968, as amended, (12 USC 1701u et seq.)and its related regulations at 24 CFR Part 135 As the work to be performed under this Contract is on a project assisted under a program providing direct Federal financial assistance from HUD, Section 3 of 24 CFR 135.38 ("Section 3") requires that the following clause be inserted in all covered contracts ("Section 3 Clause"): "A. The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by 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 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 EGFR ?-rrt-13s: The HOPWA YEAR XXXI CONTRACT hev.0548-05 - �� -, AIDS Resources of Rural Texas 5 '.l•. 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. E Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. G. With respect to work performed in connection with Section 3 covered Indian housing assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b)." City and Contractor understand and agree that compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of HUD shall be a condition of the Federal financial assistance provided to the Program, binding upon City and Contractor, and their respective successors, assigns and subcontractors. Failure to fulfill these requirements shall subject Contractor and its subcontractors, and their respective successors and 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, and all related regulations. Contractor further promises and agrees that it has read, and is familiar with, terms and conditions of the Housing Opportunities for Persons with Aids program, and its related 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. 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 HOPWA YEAR XXXI CONTRACT Rev.05-18-05 AIDS Resources of Rural Texas 6 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. 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 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 Policy. HOPWA YEAR XXKI CONTRACT Rev.05-18-05' AIDS Resources of Rural Texas 7 10. Non Assignment No assignment or delegation of duties under this Contract by Contractor shall be effective without City's prior written approval. 11. Independent Contractor a. Contractor shall operate hereunder as an independent contractor and not as an officer, agent, servant or employee of City. Contractor shall have exclusive control of, and the exclusive right to control, the details of the work and services performed hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, members, agents, servants, employees, subcontractors, Program participants, licensees or invitee. The doctrine of respondeat superior shall not apply as between City and Contractor, its officers, members, agents, servants, employees, subcontractors, Program participants, licensees or invitees, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Contractor. It is expressly understood and agreed that no officer, member, agent, employee, subcontractor, licensee or invitee of the Contractor, nor any Program participant hereunder, is in the paid service of City and that City does not have the legal right to control the details of the tasks performed hereunder by Contractor, its officers, members, agents, employees, subcontractors, Program participants, licensees or invitees. b. City shall in no way nor under any circumstances be responsible for any property belonging to Contractor, its officers, members, agents, employees, subcontractors, Program participants, licensees or invitees, which may be lost, stolen, destroyed or in any way damaged; and Contractor hereby indemnifies and holds harmless City and its officers, agents, and employees from and against any and all claims or suits. 12. 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/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, SERVANT, EMPLOYEES, CONTRACTORS HOPWA YEAR x?OO CONTRACT Rev.0,#-18-05 AIDS Resources of Rural Texas 8 OR SUBCONTRACTORS OF CITY. CONTRACTOR LIKEWISE COVENANTS AND AGREES TO AND DOES HEREBY INDEMNIFY AND HOLD HARMLESS CITY FROM AND AGAINST ANY AND ALL INJURY, DAMAGE OR DESTRUCTION OF PROPERTY OF CITY, ARISING OUT OF OR IN CONNECTION WITH ALL ACTS OR OMISSIONS OF CONTRACTOR, ITS OFFICERS, MEMBERS, AGENTS, EMPLOYEES, SUBCONTRACTORS, INVITEES, LICENSEES, OR PROGRAM PARTICIPANTS, OR CAUSED, IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS OF CITY. CONTRACTOR AGREES TO AND SHALL RELEASE CITY, ITS AGENTS, EMPLOYEES, OFFICERS AND LEGAL REPRESENTATIVES FROM ALL LIABILITY FOR INJURY, DEATH, DAMAGE OR LOSS TO PERSONS OR PROPERTY SUSTAINED IN CONNECTION WITH OR INCIDENTAL TO PERFORMANCE UNDER THIS CONTRACT, EVEN IF THE INJURY, DEATH, DAMAGE OR LOSS IS CAUSED BY THE CITY'S SOLE OR CONCURRENT NEGLIGENCE. CONTRACTOR SHALL REQUIRE ALL OF ITS SUBCONTRACTORS TO INCLUDE IN THEIR SUBCONTRACTS A RELEASE AND INDEMNITY IN FAVOR OF THE CITY IN SUBSTANTIALLY THE SAME FORM AS ABOVE. b. Contractor will maintain blanket fidelity coverage in the form of a bond in the amount of $103,141, to insure against loss from the fraud, theft or dishonesty of any of Contractor's officers, agents, trustees, directors or employees. The proceeds of such bond shall be used to reimburse City for any and all loss of HOPWA Funds occasioned by such misconduct. To effectuate such reimbursement, such bond shall include a rider stating that reimbursement for any loss or losses thereunder shall be made directly to City for the uses and benefit of Contractor. c. Contractor shall furnish certificates of insurance as proof that it has secured and paid for policies of workers' compensation, public liability and automobile liability insurance covering all risks incident to or in connection with the execution, performance, attempted 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 certifigate(s). of insurance documenting HOPWA YEAR XXXI CONTRACT Rev.05-18-65 AIDS Resources of Rural Texas 9 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. Waiver of Immunity If Contractor is a charitable or nonprofit organization and has or claims an immunity or exemption (statutory or otherwise) from and against liability for damages or injury, including death, to persons or property; Contractor hereby expressly waives its rights to plead defensively such immunity or exemption as against City. This section shall not be construed to affect a governmental entity's immunities under constitutional, statutory or common law. 14. Termina tion 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, it is expressly understood and agreed by and between the Parties that this Contract is wholly conditioned upon the actual receipt by City of Federal HOPWA Year XXXI funds; that all monies distributed to Contractor hereunder shall be exclusively from Federal monies received under said grant and not from 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. c. The Parties acknowledge that HOPWA Funds paid hereunder are intended to provide only partial funding for Contractor's program 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 program operation expenses, and any attempted use of HOPWA 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 HOPWA Funds, 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. f. Contractor will return to City any unused HOPWA Funds previously advanced by City under this Contract within thirty (30) days of the effective date of Contract termination. City will have no responsibility or liability for Contractor's expenditures or actions occurring after the effective date of Contract termination. 15. Certification Regarding Lobbving a. The undersigned representative of Contractor hereby certifies,-xo the best of his or her knowledge and belief, that: No federal appropriated fundsC have been paid or will be paid, by HOPWA YEAR XXXI CONTRACT w Ri v.05-18-05 AIDS Resources of Rural Texas ii 10 L :— 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. 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 HOPWA Funds or who perform any work in connection with Contractor's program. b. The provisions of this Contract are severable, and, if for any reason a clause, sentence, paragraph or other part of this Contract shall be determined to be invalid by a court or Federal or state agency, board or commission having jurisdiction over the subject matter thereof, such invalidity shall not affect other provisions which can be given effect without the invalid provision. c. City's failure to insist upon the performance of any term or provision of this Contract or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to any extent of City's right to assert or rely upon any such term or right on any future occasion. 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 (c), 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 HOPWA YEAR XXXI CONTRACT - Rev.05-18-05 AIDS Resources of Rural Texas 11 I rendered or funds received be utilized so as to benefit, directly or indirectly, any such sectarian or religious facility or activity. h. Contractor represents that it possesses the legal authority, pursuant to any proper, appropriate and official motion, resolution or action passed or taken, to enter into this Contract and to perform the responsibilities herein required. i. Contractor certifies that it has obtained a 501 (c) (3) Certificate from the Internal Revenue Service. Contractor shall notify City in writing of any changes to its 501 (c) (3) tax-exempt status during the term of this Contract. [SIGNATURES APPEAR ON FOLLOWING PAGE] HOPWA YEAR X XI CONTRACT Rev.05-18-05 AIDS Resources of Rural Teras 12 IN WITNESS WHEREOF, the Parties h have executedthreg copies of this Contract in Fort Worth,Tarrant County,Texas, thisday of / , 2005. CITY OF FORT WORTH AIDS Resources of Rural Texas By- By- Mr. Bra and Aeting Assistant City Manager Executive erector APPROVED AS TO FORM AND LEGALITY: wa C Attorney Contract Authorization ATTEST: Daft City Secretary STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on 2005 by theJlletiffg Assistant City Manager of the City of F rt Worth, on behalf of the City of Fort Worth. ROSEUA BARNES Notary Public, State of Texas '= MY COMMISSION EXPIRES � € March 31,2006 STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on J L" y, , 2005 by Mr. Bradley Ward, the Executive Director of AIDS Resources of Rural Texas, a Texas non-profit corporation, on behalf of said corporation. � r Aw. Notary Public, State of Texas HETTIE LANE ! MY COMMISSION EXPIRES. ' July 26,2007 a HOPWA YEAR)OM CONTRACT y`!" � � p si. Rev.05-18-05 AIDS Resources of Rural Texas 13 ATTACHMENT I CITY OF FORT WORTH BUDGET AND MANAGEMENT SERVICES DEPARTMENT CONTRACT MANAGEMENT DIVISION REQUEST FOR FUNDS AGENCY: AIDS Resources of Rural Texas PROGRAM NAME: Housing PO Box 1720 Weatherford,TX 76086 CONTRACT NUMBER: CONTRACT AMOUNT: $103,141 CONTRACT Date June 1,2005 DATE OF REQUEST: SECTION I(AGENCY) CURRENT MONTH CUMULATIVE L Reimbursement Request 1. Expenditures: $ $ 2. Income A. Program Income $ $ B. City of Fort Worth $ $ C. Interest Earned CDBG Funds $ $ 3. Reimbursement(1 minus 2) $ $ IL Advance Pay Requests/Repayment $ $ Ill Reporting Interest 1.Interest over$25 per quarter returned to City of Fort Worth $ $ SECTION II(CITY) L BYSPEED—Purchasing Request A. BYSPEED INPUT:Vendor/PO Number/Requisition Number: B. Fund/Account/Center: C. Total Amount of this Request: $ SECTION III L Verification A. Contract Manager Marilyn Jackson (Name) (Signature) (Date) B.BYSPEED—Purchasing (Name) (Signature) (Date) C. Accounting (Name) (Signature) (Date) H.Authorization A. Agency Bradley Ward (Name) (Signature) (Date) B. Contract Manager D.Emerson (Name) (Signature) (Date) C. Budget Director B.Garrett (Name) (Signature) (Date) 1 CITY OF FORT WORTH ATTACHMENTY BUDGET AND MANAGEMENT SERVICES DEPARTMENT CONTRACT MANAGEMENT DIVISION DETAIL STATEMENT OF COSTS AIDS Resources of Rural Texas AGENCY CONTRACT NO. DATE Housing TO PROGRAM REPORT PERIOD PROGRAM MONTHLY CUMULATIVE COST CATEGORY ACCOUNT BUDGET EXPENDITURES TO DATE BALANCE ADMINISTRATIVE EXPENSES Salaries 516 010 FICA 518 010 Life Insurance 518 050 Health Insurance 518 060 IDisability Insurance 518040 Unemployment 518090 Legal and Accountin 538050 Office Supplies 521010 Postage 521020 Telephone 535040 ADMINISTRATIVE EXPENSES SUB-TOTAL ADMINISTRATIVE EXPENSES PERCENT OF TOTAL COST= % SUPPORT SERVICES Salaries 516 010 $8,600.00 FICA 518 010 $658.00 Life Insurance 518 050 $0.00 Health Insurance 518 060 $1,750.00 Disability Insurance 508070 $0.00 Unemployment-State 535 020 $274.00 Worker's Compensation 535 010 $185.00 Retirement 535 030 $946.00 Office Supplies 537 010 $900.00 Postage 539 220 $275.00 Telephone 537 030 $850.00 Electric 533 030 $725.00 Audit 536 010 Lease 538 210 $5,400.00 Custodial Services 534 020 $150.00 Office Equipment Rental 538 050 $325.00 Printing 532 130 $275.00 Fidelity Bond 534020 $100.00 Liability Insurance 532130 $75.00 Private Auto Allowance 539120 $240.00 Advertisement 532130 Conferences&Seminars 539120 RentlMorta e/Utilities Assistance 539120 $81,413.00 Total Support Services $103,141.00 TOTAL Contractors Certification: I certify that the costs incurred are taken from the books of account and that such costs are valid and consistent with the terms of the agreement. ATTACHMENT III CITY OF FORT WORTH BUDGET AND MANAGEMENT SERVICES DEPARTMENT. CONTRACT MANAGEMENT DIVISION EXPENDITURES WORKSHEET AIDS Resources of Rural Texas Agency Contract Number Date Housing TO Program REPORT PERIOD NO DATE CHECK PAYEE DESCRIPTION ACCOUNT NO. AMOUNT NO. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 26 TOTAL TITLE OF AUTHORIZED OFFICER SIGNATURE and DATE 3 HOPWA ATTACHMENT Na CITY OF FORT WORTH BUDGET AND MANAGEMENT SERVICES DEPARTMENT HOPWA PROGRAM SERVICES AND TENANT-BASED RENTAL ASSISTANCE 1.NAME AND ADDRESS OF SUB-GRANTEE 2.PROJECT NAME: Housing AIDS Resources of Rural Texas 3.CONTRACT No: Contract Date: June 1,2006 PO Box 1720 4.DATE OF Weatherford,TX 76086 REQUEST: MONTH&YEAR 5. PROGRAM SERVICES AND ACTIVITIES CURRENT M-ONTIL CIIMIILATIVF. Number of unduplicated clients: (Example:Case MgmtJChent Advocacy/Access to BeneSts/Services) Provide tenant-based rental assistance payments: Provide short term rental,mortgage,and utility payments: 6. DIRECT BENEFIT DATA HOUSEHOLD AND/OR PERSONS SERVED WHITE BLACK HISPANIC ASIAN PACIFIC AMERICAN TOTAL NON-HISPANIC NON-HISPANIC ISLANDER INDIAN FEMALE-HEAD- ALASKAN OF HOUSEHOLD NATIVE Current Month Cumulative 7. TENANT-BASED RENT SRO 0 BDRM 1 BDRM 2 BDRM 3 BDRM 4 BDRM 5+ CURRENT MONTH CUMULATIVE & RENT MORTGAGE UTILITIES SRO 0 BDRM 1 BDRM 2 BDRM 3 BDRM 4 BDRM 5+ CURRENT MONTH CUMULATIVE 9. CERTIFICATION: The undersigned hereby gives assurance that to the best of my knowledge and belief,the data included in this report is true and accurate,and if a non-profit agency, has been approved by the governing body of the organization prior to submission. Date: Submitted by: Phone Num: ATTACHMENT IVb CITY OF FORT WORTH BUDGET AND MANAGEMENT SERVICES DEPARTMENT 1. AIDS Resources of Rural Texas 2.Project Name: Housing PO Box 1720 3.Contract No: Contract Date: June 1,2005 Weatherford,TX 76086 Contract Amount: $103,141 4.Date of Request: MONTH&YEAR 1. PROGRAM SERVICES AND ACrIVIT1ES: CURRENT CUMULATIVE 2. SCOPE OF WORK NARRATIVE: 3. PROBLEMS ENCOUNTERED/SOLUTIONS PROPOSED: 4. ANTICIPATED ACTIVrrY 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,and if a non-profit agency,has been approved by the governing body of the organization prior to submission. Date: Submitted by: Phone Num: j IAGM/May 2003 T�. " lidJlll .L. EXHIBIT A PROGRAM SUMMARY AIDS Resources of Rural Texas AGENCY Housing PROGRAM 00000 June 1, 2005 - May 31, 2006 $103,141.00 CONTRACT NO. PERIOD AMOUNT PROGRAM DESCRIPTION Provide emergency rental and utility assistance to individuals with HIV / AIDS in rural counties of Tarrant, Parker, Johnson and Wise Counties COUNTIES SERVED Wise, Johnson, Tarrant and Parker PROGRAM GOALS Enable individuals with HIV/AIDS to remain in their own homes and communities. PROGRAM OBJECTIVES Meet financial emergency needs of individuals with HIV/AIDS. Provide client households emergency/ rental assistance. PROGRAM SERVICES and ACTIVITIES GOALS Number Unduplicated Clients Served 43 Provide Short Term Assistance for Clients 72 Provide Long Term Assistance for Clients 132 IT cn W L � M `D ��• V1 xa ta V � � O A dM AG � aM ti 0 y U U � u tot Tl o a u CZ 40, o CITY OF FORT WORTH EXHIBIT C HOPWA Page 1 of 3 ANNUALBUDGET CONTRACT PERIOD From: 6/1/2005 To: 5/31/2006 Name of Sub Grantee Name of Program AIDS Resources Rural Texas Housing Program HOPWA Cost Category Budget Funds [a] b] ADMINISTRATIVE SERVICES Salaries - - FICA - - - Life Insurance - - Health Insurance Employment Tax-State Employment Tax- Federal Worker's Comp Retirement Rent - - - Office Equipment Rental Contractual Services TOTAL ADMITEXPENSES %Administrative Cost o 0% Salaries $ 178,878.00 $ 8,600.00 $ 159,218.00 $ 6,060.00 FICA $ 13,684.00 $ 658.00 $ 12,180.00 $ 464.00 Health Insurance $ 25,346.00 $ 1,750.00 $ 22,667.00 $ 929.00 State Employment Taxes $ 977.00 $ 274.00 $ 579.00 $ 124.00 Worker's Compensation $ 5,271.00 $ 185.00 $ 4,906.00 $ 180.00 Retirement $ 17,798.00 $ 946.00 $ 16,185.00 $ 667.00 Office Supplies $ 30,939.00 $ 900.00 $ 28,714.00 $ 1,325.00 Postage $ 2,760.00 $ 275.00 $ 2,285.00 $ 200.00 Telephone $ 33,843.00 $ 850.00 $ 30,284.00 $ 2,709.00 Electric $ 8,211.00 $ 725.00 $ 6,946.00 $ 540.00 Audit $ 3,270.00 $ - $ 2,670.00 $ 600.00 Lease $ 50,309.00 $ 5,400.00 $ 41,334.00 $ 3,575.00 Custodial Services $ 3,997.00 $ 150.00 $ 3,847.00 $ - Office Equipment Rental $ 4,300.00 $ 325.00 $ 3,975.00 $ - Printing $ 2,460.00 $ 275.00 $ 1,985.00 $ 200.00 Fidelity Bond $ 450.00 $ 100.00 $ 350.00 Liability Insurance $ 2,065.00 $ 75.00 $ 1,990.00 $ - Private Auto Allowance $ 3,365.00 $ 240.00 $ 2,225.00 $ 900.00 Advertisment $ 1,993.00 $ 993.00 $ 1,000.00 Conference&Seminars $ - $ - $ - Rent/Mortgage/Utilities Assistance $ 120,744.00 $ 81,413.00 $ 12,878.00 $ 26,453.00 TOTAL SUPPORT SERVICES $ 384,534.00 $ 21,728.00 $ 343,333.00 $ 19,473.00 Total 505,278.00 03,141.00 56,2 1.00 45, 26.00 MATCHING FUND SOURCES [a] Ryan White I, II, III [b] State Services [c] [d] BUDGET DETAIL Page 2 of 3 PERSONAL SERVICES Hourly Annual % of Position /Title Rate Hours Time Amount 1 HOPWA Case Manager 14.43 2080 15.0% $ 4,250.00 2 Assoc. Executive Director 23.08 2080 2.0% $ 1,000.00 3 Client Advocate 9.38 2080 17% $ 3,350.00 4 - 5 - 6 - 7 - 8 - 9 - 10 - TOTAL STAFF SALARIES 8,600 FRINGE BENEFITS % of % Paid % Paid CATEGORY Payroll Amount by Agency by Fund Amount FICA 7.65% 658 0 100% $ 658.00 Health Insurance 21.00% 1,750 0 100% $ 1,750.00 Employment Tax-State 3.19% 274 0 100% $ 274.00 Worker's Comp 3.00% 185 0 100% $ 185.00 Retirement 11.00% 946 0 100% $ 946.00 TOTAL FRINGE BENEFITS $ 3,813.00 TOTAL PERSONAL SERVICES $ 12,413.00 BUDGET DETAIL UTILITIES Page 3 of 3 Average Cost Number of Category Per Month Months Amount Telephone 70.84 12 $ 850.00 Electric 60.42 12 $ 725.00 Gas 0 0 $ - Water/Waste Disposal 0 0 $ - Other: [Specify] 0 0 $ - TOTAL UTILITIES $ 1,575.00 BUILDING LEASE No. Square Average Cost Number of Building Location Foot Per Month Months Amount 1 1105 Santa Fe Drive 5100 450 12 $ 5,400.00 TOTAL BUILDING LEASE $ 5,400.00 OTHER EXPENSES Total % Charged Category Charge To CDBG Amount Fidelity Bond $ 400.00 25.0% $ 100.00 Liability Insurance $ 4,000.00 1.9% $ 75.00 Postage $ 4,125.00 7.0% $ 275.00 Office Supplies $ 6,325.00 15.0% $ 900.00 Printing $ 4,475.00 6.2% $ 275.00 Teaching Aids Auto Allowance $ 4,925.00 5.0% $ 240.00 Custodial Services $ 2,550.00 5.8% $ 150.00 Computer Equipment TOTAL OTHER EXPENSES $ 2,015.00 CONFERENCES &SEMINARS Total % Charged Event Charges to CDBG Amount 1 Texas Department of Health HIV/STD Conference 0 0.0% 0 2 Washington Conference on Housing 0 0.0% 0 3 0 0.0% 0 TOTAL CONFERENCES & SEMINARS 0 OFFICE EQUIPMENT RENTAL Total % Charged Item Charge to CDBG Amount 1 Postage Maching $ 3,375.00 10% $ 325.00 2 $ - TOTAL OFFICE EQUIPMENT RENTAL $ 325.00 EXHIBIT "D" AUDIT SCHEDULE INDEPENDENT AUDIT REQUIREMENT BUSINESS/AGENCY NAME: AIDS Resources of Rural Texas PROGRAM: Housing HOPWA YEAR: XXXI AMOUNT FUNDED: $103,141 Name of Independent Auditor who will perform agency audit: Independent Auditor to be contracted during HOPWA contract period. Date audit is to be performed: Within 60 days of completion of HOPWA funded project. The following language is a condition of your contract with the City: (1) For all contracts in which Contractor is cumulatively receiving federal monies in the amount of$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 HOPWA funds in an amount proportional to that of the HOPWA funds used in contractor's total agency operating budget. This form is to be completed and submitted to the Budget and Management Services Division at the beginning of each contract year. Signature City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 5/10/2005 DATE: Tuesday, May 10, 2005 LOG NAME: 0305ACTIVITY REFERENCE NO.: C-20722 SUBJECT: Authorize Execution of Community Development Block Grant Year XXXI, Emergency Shelter Grant Year 2005-2006 and Housing Opportunities for Persons with AIDS 2005-2006 Contract Activities RECOMMENDATION: It is recommended that the City Council: Authorize the City Manager to execute Community Development Block Grant (CDBG) Year XXXI, Emergency Shelter Grant (ESG) Year 2005-2006 and Housing Opportunities for Persons with AIDS (HOWPA) Year 2005-2006, 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, 2005, and ending May 31, 2006: I. Community Development Block Grant (CDBG) Contracts with the following agencies for them not to exceed listed amount. Organization Amount United Community Center $250,000.00 Habitiat for Humanity $13,287.00 REACH, Inc-Project Ramp $17,715.00 Southside Area Ministries-SAM's Kids After School $4,563.00 Boys & Girls Club- NINOS $17,486.00 Boys & Girls Club- KEYS $16,439.00 East Ft. Worth Montessori -After School Program $20,146.00 Latin Arts Association -Theatre Skills Program $15,525.00 Summerbridge Fort Worth -Summerbridge Program $24,605.00 CJ's Studio of Performing Arts - Performing Arts $8,000.00 Women's Center- Play It Safe $24,300.00 Cooks Childrens Hospital - Project Smile $30,000.00 Bridge Emergency Youth Services- Buffalo Soldiers $20,000.00 Parents & Children Together, Inc. - SKIP $20,396.00 YWCA-Child Development Program $135,000.00 Child Care Associates $117,000.00 FWHA-AMAKA Child Care Center $27,000.00 YWCA-AIM $18,887.00 YMCA-School Aged Child Care $108,338.00 Clayton YES - School Aged Child Care $54,000.00 JMAC Youth Center of Tarrant County $22,500.00 Logname: 0305ACTIVITY Pa4e I of 3 Southside Area Ministries - Mid-South Seniors $2,570.00 Seniors Citizen Services -Como Senior Citizens $17,597.00 Meals on Wheels $33,696.00 Senior Citizen Services-Riverside Senior Citizens $15,271.00 NSEAM $17,000.00 Mental Health Association - Mental Health Advocate $24,750.00 Centro Cultural De Las Americas-Job Training $24,786.00 Mental Health Association - Long Term Ombudsman $17,500.00 Northside InterChurch Agency -Good Works $26,040.00 Presbyterian Night Shelter Bottle Bounty Deposits $30,000.00 Day Resource Center Security $27,000.00 Learn Education Center- Learn Even Start Program $20,000.00 United Community Centers- Crisis Intervention Program $20,000.00 Sickle Cell Disease Association- Health Outreach,, $23,640.00 Fort Worth SER- Northside Resource Center $65,001.00 A-Prep Center of Tarrant County $64,571.00 YWCA- Ben & Jerry's Job Training/Job Placement $18,207.00 TOTAL CDBG $1,412,816.00 II. Emergency Shelter Grant (ESG) Organization Amount YWCA-Supportative Living $12,150.00 Cornerstone Assistance- New Life Center $12,211.00 Presbyterian Night Shelter- Homeless Shelter $151,308.00 Bridge Emergency Services -Emergency Youth Shelter $6,374.00 Women's Haven of Tarrant County $19,515.00 MHMR of Tarrant County $14,505.00 YWCA- My Own Place $17,184.00 Presbyterian Night Shelter- Elderly & Infirmary Program $13,536.00 Salvation Army $10,580.00 Woman's Haven of Tarrant County-Supportive Child Care $13,000.00 TOTAL ESG $270,363.00 III. Housing Opportunities for Persons with HIV/AIDS (HOPWAI Organization Amount AIDS Outreach Center $460,970.00 Tarrant County Samaritan Housing, Inc. $240,889.00 AIDS Outreach Rural Texas $103,141.00 TOTAL HOPWA $805,000.00 DISCUSSION: On April 5, 2005, the City Council adopted the budgets and the appropriation ordinance increasing estimated receipts and appropriations for the Year XXXI (June 1, 2005 to May 31, 2006) Community LoRname: 0305ACTIVITY Page 2 of 3 Development Block Grant (CDBG) grant funds, (2005-2006) Emergency Shelter Grant (ESG) grant funds and (2005-2006) Housing Opportunities for Persons with AIDS (HOPWA) grant funds as part of the City's Consolidated Plan and Consolidated Action Plan. The Consolidated Plan, as adopted by the City Council, included program descriptions on each program listed above. The above programs are consistent with the City's approved funding policies and priorities. Each program meets the requirements of the Department of Housing and Urban Development (HUD) regulations defining "eligible activity." These programs prove services citywide. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds will be available in the current operating budget as appropriated, in the Grants Fund contingent upon approval and receipt of adequate funding from the U.S. Departmental of Housing and Urban Development (HUD) for the term beginning June 1, 2005, and ending May 31, 2006. TO Fund/Account/Centers FROM Fund/Account/Centers GR76 539120 005206007XXX $270.363.00 GR76 539120 005206008XXX $805.000.00 GR76 539120 005206005XXX $1.412,816.00 Submitted for City Manager's Office by: Richard Zavala (Acting) (6222) Originating Department Head: Bridgette Garrett (6183) Additional Information Contact: Deidra Emerson (7563) Logname: 0305ACTIVITY Page 3 of 3