HomeMy WebLinkAboutContract 31976 STATE OF TEXAS CITY SECRETARY 117
COUNTY OF TARRANT � CONTRACT NO. 3
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 Tarrant County Samaritan
Housing, Inc. "Contractor"), whose address is 929 Hemphill, Fort Worth, TX 76104, acting by
and through Mr. Steve Dutton, 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 Samaritan House 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 Samaritan House ("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
$240,889 to Contractor on a reimbursement of expenses basis.
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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 $1,299,612 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.
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(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 for Funds, (2)
Attachment II-Detailed Statement of Costs, (3) Attachment III-Expenditures Worksheet,
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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"' 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 15t'' 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 seg.)
• Title VIII of the Civil Rights Act of 1968 (42 USC 3601 et seq.)
• Executive Orders 11063, 11246, as amended by Executive Orders 11375 and 12
supplemented by 41 CFR Part 60 f �
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• The Age Discrimination in Employment Act of 1967 (29 USC 621)
• The Age Discrimination Act of 1975 (42 USC 6101 etseq.)
• 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 seg.)
• Drug Free Workplace Act of 1988 (41 USC 701 et seg.) 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
seg.)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--CFR Part 135. The
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Tarrant County Samaritan Housing,Inc. 5
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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
HOPXVAYFARXXXI CONTRACT 18-05
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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 4th-w
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contracts to comply with said Policy. :
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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, 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 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, SERVANTS, EMPLOYEES, CONTRACTORS
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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
$240,889, 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 certificate(s) of insurance documenting
HOPWA YEAR XXXI CONTRACT Rev.05-18-05
Tarrant County Samaritan Housing,Inc. 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. Termination
a. In addition to, and not in substitution for, other provisions of this Contract regarding the
provision of public services with HOPWA Funds, pursuant to the AIDS Housing Opportunity
Act, as amended, 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 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
HOPWA YEAR XXXI CONTRACT I--15
Tarrant County Samaritan Housing,Inc. 10
•y
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 act"v* r. shall.-• aid performance
HOPWAYEAR XXXI CONTRACT Rei 05-18-05
Tarrant County Samaritan Housing,Ina 11
X
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 XXXI CONTRACT Rev.05-18-05
Tarrant County Samaritan Housing,Inc. 12
IN WITNESS WHEREOF, the Parties hereto have executed three (3) copies of this Contract
in Fort Worth,Tarrant County,Texas, this �3� n` day of _ , 2005.
CITY OF FORT WORTH Tarrant County Samaritan Housing, Inc.
By; — ` -- - - By:
Ri(phard Zavala x"Mr. Steve Dutton
Acting Assistant City Manager Executive Director
APPROVED AS TO FORM AND LEGALITY.
City Attorney r Contract Autho:rix&tion
ATTEST:
nate
ALL
City Secretary
STATE OF TEXAS
COUNTY OF TARRANT
This instrument was acknowledged before me on 2005 by
Richard Zavala, the Acting Assistant City Manager of the City of Fort Worth, on behalf of the
City of Fort Worth.
ROSELLA BARNES
_► *` MY COMMISSION EXPIRES Notary Public, State of Texas
?; March 31,2009
STATE OF TEXAS
COUNTY OF TARRANT
This instrument was acknowledged before me 2005 by Mr.
Steve Dutton, the Executive Director of Tarrant County aritan using, Inc., a Texas non-
profit corporation, on behalf of said corporation.
y 'P Notary Pub'L\ Stat f Texas
3 SHERRYYVETTEJOHNSON
*' "= MY COMMISSION EXPIRES
ire P9oember 7,2008
HOPWAYEAR)OM CONTRACT Rev.05-18-05
Tarrant County Samaritan Housing,Inc. 13
CITY OF FORT WORTH Attachment
BUDGET AND MANAGEMENT SERVICES DEPARTMENT
CONTRACT MANAGEMENT DIVISION
REQUEST FOR FUNDS
AGENCY: Tarrant County Samaritan Housing, Inc. PROGRAM: Samaritan House
ADDRESS: 929 Hemphill CONTRACT NUMBER:
Fort Worth, TX 76104 CONTRACT AMOUNT: $240,889.00
CONTRACT DATE: 6/1/2005
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\003206008030
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 Steve Dutton
(Name) (Signature) (Date)
B. Contract Manager D.Emerson
(Name) (Signature) (Date)
C. Budget Director B. Garrett
(Name) (Signature) (Date)
V J of 6 pC I.;;Ofr.I�Ij
f
CITY OF FORT WORTH HOPWA
INTERGOVERNMENTAL AFFAIRS AND GRANTS MANAGEMENT ATTACHMENT 11
CONTRACT MANAGEMENT DIVISION
DETAIL STATEMENT OF COSTS
Tarrant County Samaritan Housing Inc.
AGENCY CONTRACT NO. DATE
Samariatan House TO
PROGRAM REPORT PERIOD
PROGRAM -7 MONTHLY CUMULATIVE
COST CATEGORY ACCOUNT BUDGET EXPENDITURES TO DATE BALANCE
ADMINISTRATIVE EXPENSES
Salaries 516 010 $177,500
FICA 518 010 $13,578
Life Insurance 518060 $2,500
Health Insurance 518050 $18,426
Unemployment-State 518 040 $5,385
Retirement 518040 $5,000
Office Supplies 521010 $2,500
Postage 521 020
Contractual ervices
Telephone 535040
Electric 535 020
Gas[Utility] 535 010
Water/Waste Disposal 535 030
Rent uildin 537 010
All Other 539 220 $1,500
Office Equipment Rental 537 030 $4,000
Printing 533 030 $1,500
Repairs 536 010
Fidelity Bond 538 210
Liability Insurance 534 020 $3,000
Legal&Accounting 538 050 $6,000
Private Auto Allowance-Local 532130
Contractual Services 539120
TOTAL $240,889.00
Contractors Certification: I certify that the costs incurred are taken from the books of account and that such costs are valid and consistent with the terms of the
agreement.
NAME and TITLE OF AUTHORIZED OFFICER SIGNATURE and DATE
IA&GM/Apra 2002
ATTACHMENT III
CITY OF FORT WORTH
BUDGET AND MANAGEMENT SERVICES DEPARTMENT
CONTRACT MANAGEMENT DIVISION
EXPENDITURES WORKSHEET
Tarrant County Samaritan Housing,Inc.
Agency Contract Number Date
Samaritan House 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 IAGM/April 2002
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: Samaritan House
Tarrant County Samaritan Housing,Inc. 3.CONTRACT No: Contract Date: June 1,2005
929 Hemphill
4.DATE OF
Fort Worth,TX 76104 REQUEST:
MONTH&YEAR
5. PROGRAM SERVICES AND ACTIVITIES
CURRENT
MONTH CUMIIi.ATiVF.
Number of unduplicated clients:
(Example:Case Mgmt./Client Advocacy/Access to Benefits/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-HISPAmc ISLANDER INDIAN FEMALE-HEAD-
ALASKAN OF HOUSEHOLD
NATIVE
Current Month
Cumulative
7. TENANT-BASED RENT
SRO 0 BDRM I BDRM 2 BDRM 3 BDRM 4 BDRM 5+
CURRENT MONTH
CUMULATIVE
8. RENT MORTGAGE UTILITIES
SRO 0 BDRM I 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. Tarrant County Samaritan Housing,Inc. 2.Project Name: Samaritan house
929 Hemphill 3.Contract No: $ Contract Date: June 1,2005
Fort Worth,TX 76104 Contract Amount: $240,889
4.Date of Request:
MONTH&YEAR
1. PROGRAM SERVICES AND ACTIVITIES: CURRENT CUMULATIVE
2. SCOPE OF WORK NARRATIVE:
3. PROBLEMS ENCOUNTERED/SOLUTIONS PROPOSED:
4. ANTICIPATED ACTIVITY DURING THE NEXT MONTH:
CERTIFICATION: The undersigned hereby gives assurance that to the best of my knowledge and belief,the data included in this report
is true and accurate,and if a non-profit agency,has been approved by the governing body of the organization prior to submission.
Date: Submitted by: Phone Num:
IAGM/May 2003
EXHIBIT A
PROGRAM SUMMARY
Tarrant County Samaritan Mousing, Inc.
AGENCY
Samaritan House
PROGRAM
00000 June 1, 2005-May 31, 2006 $240,889
CONTRACT NO. PERIOD AMOUNT
PICOGRAM DESCRIPTION
HOPWA funds will provide residential housing, health care and supportive social services for
individuals with HIV/AIDS in order to prevent homelessness.
COUNCIL DISTRICT (S)
ALL
PROGRAM GOALS
Prevent homelessness for individuals with HIV/AIDS
PROGRAM OBJECTIVES
Provide housing for 60 clients (unduplicated)
Provide medical care/case management and home health care services for 60 clients.
PROGRAM SERVICES and ACTIVITIES GOALS
Number Unduplicated Clients Served 65
Number Client Units of Medical Case Management 5100
Number Client Units of Attended Health Care 8970
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PROGRAM BUDGET EXHIBIT C
HOPWA
2005-2006 Page 1 of 3
CONTRACT PERIOD From: 6/1/2005 To: 5/31/2006
Name of Sub Grantee Name of Program
TARRANT COUNTY SAMARITAN HOUSING,INC SAMARITAN HOUSE
Program HOPWA
Cost Category Budget Funds [a] [b] [c] [d]
ADMINISTRATIVE SERVICES
Salaries 619,220 177,500 106,665 97,650 237,405
FICA 42,666 13,578 7,748 8,650 12,690
Life Insurance 14,400 2,500 3,175 2,300 - 6,425
Health Insurance 66,600 18,426 15,955 15,430 16,789
Unemployment-State 10,900 5,385 2,721 2,000 794
Worker's Comp 10,000 - - - -
Retirement - 5,000 2,475 1,350 1,175
SUPPLIES
Office Supplies 9,500 2,500 600 3,000 3,400
Postage 3,000 - - 3,000
Medical Supplies 3,000 2,400 600
Other(Specify)*(Food) 78,000 62,563 - 15,437
Roon"racaServices
Telephone 13,000 2,400 4,000 - 6,600
Electric 36,000 9,452 - 26,548 -
Gas[Utilities] 5,270 2,400 - 408 2,462
Water/Waste Disposal 12,600 1,500 - 11,100 -
Rent[Building] 125,800 - - - 125,800 -
AllOther 69,185 1,500 12,100 7,518 - 48,067
Office Equipment Rental 9,420 4,000 - 2,387 3,033
Printing 5,500 1,500 - 4,000
Repairs 30,000 - 2,856 - 26,144 1,000
Fidelity Bond"' 800 - 800
Liability Insurance- 32,600 3,000 17,008 11,808 784
Legal&Accounting 8,635 6,000 - - 2,635
Private Auto Allowance-Local 2,100 - 2,100
Rental Assistance 91,416 91,416 -
Capital Outlay
Furniture,Fixtures
Office Equipment,Computers
Office Equipment
TOTALI 1,299,612 1 240,889 252,018 247,509 1 190,000 369,196
MATCHING FUND SOURCES
[c] RWI, RWII, State Services [e] FWHA, Rental Income
[d] HOPWA SNAP [f] All other- Foundations, Fundraising, Contributions, etc
BUDGET DETAIL Page 2 of 3
PERSONAL SERVICES
Hourly Annual % of
Position /Title Rate Hours Time Amount
1 Executive Director $ 34.42 2080 4.9% 3,500
2 Director of Finance $ 21.17 2080 9.1% 4,000
3 Administrative Asst. $ 14.93 2080 11.3% 3,500
4 Medical Case Manager $ 23.15 2080 47.5% 20,500
5 Associate Exec Director $ 22.28 2080 38.8% 18,000
6 LCDC Case Manager $ 18.67 2080 15.5% 6,000
7 Resident Care Attendant $ 9.50 2080 70.9% 14,000
8 Resident Care Attendant $ 9.50 2080 70.9% 14,000
9 Resident Care Attendant $ 9.50 2080 70.9% 14,000
10 Resident Care Attendant $ 9.50 2080 70.9% 14,000
11 Resident Care Attendant $ 9.50 2080 70.9% 14,000
12 Resident Care Attendant $ 9.50 2080 30.4% 6,000
13 Kitchen Manager/Cook $ 15.90 2080 33.3% 11,000
14 Weekend Cook $ 11.67 2080 45.3% 11,000
15 Prep Cook $ 10.01 2080 38.4% 8,000
16 Caretaker $ 12.36 2080 23.3% 6,000
17 LVN - Direct Care $ 15.87 2080 30.3% 10,000
TOTAL STAFF SALARIES 177,500
FRINGE BENEFITS
% of % Paid % Paid
CATEGORY Payroll Amount by Agency by Grant Amount
FICA 7.65% 42,666 68.2% 31.8% 13,578
Life Insurance 23.25% 14,400 82.6% 17.4% 2,500
Health Insurance 10.76% 66,600 72.4% 27.6% 18,426
Umemployment Insurance 1.76% 10,900 50.6% 49.4% 5,385
Worker's Compensation 1.62% 10,000 50.0% 50.0% 5,000
TOTAL FRINGE BENEFITS 44,889
TOTAL PERSONAL SERVICES (Total Staff Salaries +Total Fringe Benefits) 222,389
;�) ��-A-
BUDGET DETAIL Page 3 of 3
UTILITIES
% Paid % Paid
Category Amount by Agency by HOPWA Amount
Telephone
Electric
Water/Waste Disposal
TOTAL UTILITIES 0
BUILDING RENTAL
% Paid % Paid
Building Location Amount by Agency by HOPWA Amount
2 -
3 -
TOTAL BUILDING RENT -
OTHER EXPENSES
% Paid % Charged
Category Amount by Agency To HOPWA Amount
Liability Insurance 3,000
Legal &Accounting 6,000
Other(Specify) (Office Equipment
Repairs, Supplies, Postage, Auto
Allow) 5,500
TOTAL OTHER EXPENSES 0 $ 14,500.00
CONFERENCES &SEMINARS
Total % Charged
Event Charges to CDBG Amount
1
TOTAL CONFERENCES & SEMINARS 0
OFFICE EQUIPMENT RENTAL
% Paid % Charged
Item Amount by Agency to HOPWA Amount
TOTAL OFFICE EQUIPMENT RENTAL 0
EXHIBIT "D"
AUDIT SCHEDULE
INDEPENDENT AUDIT REOUIREMENT
BUSINESS/AGENCY NAME: Tarrant County Samaritan Housing,Inc.
PROGRAM: Samaritan House
HOPWA YEAR: XXXI
AMOUNT FUNDED: $240,889
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 Department,
Contract Management ii 'on at the beginning of each contract year.
Sig fore
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 Page 1 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 (HOPWA)
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
Logname: 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)
Lognaine: 0305ACTIVITY Paue 3 of 3