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HomeMy WebLinkAboutContract 26882 CITY SECRETARY CONTRACT NO. g STATE OF TEXAS § COUNTY OF TARR-ANT § THIS contract is made and entered into by and between the City of Fort Worth ("City"), acting and through Charles Boswell, its duly authorized Assistant City Manager, and AIDS Outreach Center ("Contractor"), by and through Mike McKay, its duly authorized Executive Director. Contractor's business address is 801 West Cannon, Fort Worth, Texas 76104 WHEREAS, the City of Fort Worth has been notified that it will receive grant monies from the United States Department of Housing and Urban Development ("HUD") through the Housing Opportunities for Persons with AIDS ("HOPWA") grant program for Year 2001-2002; and, WHEREAS, the City of Fort Worth has been designated to service the City of Fort Worth, Tarrant, Johnson, Hood, and Parker Counties through HOPWA; and, WHEREAS,HOPWA funds paid under this contract are exclusively for the care ofperson(s)with acquired immune deficiency syndrome or related diseases who is a low-income individual and the person's family as defined in 24 CFR§ 574.3,and individuals affected by the disease; and under no circumstances for AIDS prevention, education, or risk reduction for the general public; NOW, THEREFORE, THIS AGREEMENT FURTHER WITNESSETH: THAT, the parties covenant and agree as follows: 1. Scope of Services a. Contractor will provide essential services for the care of persons with AIDS under the program name Outreach ("Program"), for the term from June 1, 2001 to May 31, 2002. b. Contractor will provide the services and activities delineated in Exhibit A,Program Summary in accordance with Exhibit B,Program Services Schedule. c. City will monitor the performance of the Contractor against the goals and performance standards required herein. Substandard performance as determined by City will constitute non- compliance with this Agreement. If action to correct such substandard performance is not taken by Contractor within a reasonable period of time after being notified in writing by City,contract suspension or termination procedures will be initiated. 2. Funds -Disbursement City will disburse HOPWA Year 2001-2002 monies in an amount up to $432,550.00 to Contractor on a reimbursement of expenses basis. AIDSOUTREACHCENTERCONTRACT June 6,2001 1 P l}u.n'� I 1�y��f�d'� °�G 3. Funds-Requirements a. Payments will be processed by City following receipt from Contractor of Attachment I, Sub- Grantees Request For Funds and applicable supporting documents described in paragraph 4. Reimbursement for the payment of eligible expenses shall be made against the line item budget specified in Exhibit C, Program Operating Budget. b. Contractor agrees to utilize all disbursed HOPWA funds for the benefit of the Program. Contractor agrees that funds will be expended in accordance with the Program Operating Budget. Contractor may not increase or decrease line-item amounts in the approved HOPWA Program Operating Budget without prior written approval by the City. c. It is understood that the total cost for operation of this program is $698,558.00 and that Contractor will obtain the remaining funds in excess of the HOPWA amount as detailed in the Program Operating Budget. Contractor will notify City promptly of any additional funding it receives for operation of the Program, and City reserves the right to amend the Program Operating Budget in such instances. d. Contractor agrees to keep all HOPWA monies on hand in interest bearing accounts. All interest earned shall be reported to City on a monthly basis,at the same time as submission of the monthly report following the end of the contract month during which the interest was earned. Interest in an amount of$25.00 or less per month may be used for authorized program expenses. These amounts must be reported on the monthly financial statements filed pursuant to this contract.Interest earned in excess of$25.00 per month is subject to remittance to City as directed by City. e. Contractor will not commingle HOPWA monies with any other funds in any manner which would prevent City from readily identifying program expenditures for operation of the Program. f. 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 monies and that any such program income is subject to the terms of this contract. HOPWA monies may be expended by the Contractor only if program income is insufficient to meet all eligible program activity expenses. Contractor agrees to return to City at the end of the Contract any remaining program income earned from operation of the Program in proportion to the amount of HOPWA funds in the overall operating budget. g. The Contractor shall comply with City policy concerning the purchase of equipment and shall maintain inventory records of all non-expendable personal property, as defined by such policy, procured with funds provided herein. The Contractor shall procure all materials, property, or services in accordance with the requirements of OMB circular A-110. 4. Uniform Administrative Requirements and Program Management Standards a. Financial Management i. Accounting Standards The Contractor agrees to comply with OMB Circular A-110 and agrees to adhere to the accounting principles and procedures required therein,utilize adequate internal controls,and maintain necessary source documentation for all costs incurred. ii. Cost Principles Contractor shall administer the Program in conformance with OMB Circular A-122, "Cost Principles for Non-Profit Organizations" and attachments and revisions thereto, regarding principles for determining costs for the Program. Z105 I�, (iii^ t) ce" '�; Cr�,.:�' RUN RU�,t AIDSOUTREACHCENTERCONTRACT June 6,2001 2 i6��U 1pfl'Ii�il 'UP 08 b. Documentation and Record Keeping i. Contractor shall maintain all records pertinent to the activities to be funded under this Agreement required by HUD regulations specified in 24 CFR § 574.530. In addition, Contractor agrees to keep records to fully document all expenditures charged to the HOPWA program.The documentation must support the amounts charged to Program and demonstrate that the expenditures were appropriate to the stated goals of the Program and allowable under applicable federal, state and City guidelines. ii. Retention (1) All records pertaining to Program shall be retained for four(4)years following the date of termination of this contract. Contractor may destroy Program records at the end of this four (4) year period if no outstanding audit finding exists. (2) The contractor shall maintain real property inventory records which clearly identify properties purchased,improved,or sold.Properties retained shall meet eligibility criteria and shall conform with 24 CFR § 574.630. iii. Close Outs The Contractor's obligation to City shall not end until all close-out requirements are completed. Activities during this close-out period shall include, but are not limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to City), and determining the custodianship of records. iv. Audits and Inspections (1) City, HUD, and the United States Comptroller General, or their representatives, shall have access to any books, documents, records and papers relating to the operations of Contractor under this Agreement for the purpose of audit, examination, exception and transcription at all reasonable hours at all offices of Contractor. (2) For all contracts in which Contractor is cumulatively receiving federal monies in the amount of$300,000 or more, Contractor must submit to City an annual audit prepared in accordance with 24 CFR Sections § 570.502-570.503 generally, with specific reference to OMB Circulars (with attachments) A-122 and A-133 as appropriate. The audit may cover either Contractor's fiscal year during which this contract is in force or cover the period of this contract. The audit must be prepared by an independent certified public accountant, be completed within twelve (12) months following the end of the period being audited and be submitted to City within thirty (30) days of its completion. Contractor's audit schedule is attached hereto as Exhibit D - Audit Schedule. Costs of preparation of this audit may be an allowable expenditure of HOPWA funds in an amount proportional to that of the HOPWA funds used in contractor's total agency operating budget. (3) City reserves the right to perform an audit of Contractor's program operations and finances at any time during the term of this contract, if City determines that such audit is necessary for City's compliance with OMB Circular A-128. City will perform six(6)month and year-end financial and programmatic audits with periodic site visits as appropriate. Contractor agrees to allow access to all pertinent materials.If such audit reveals a questioned practice or expenditure,such questions must be resolved within fifteen(15)days after notice to Contractor. If questions are not resolved within this period, City reserves the right to withhold further funding under this and/or future contract(s). (4) If as a result of any audit it is determined that Contractor has misused, misapplied or misappropriated all or any part of the grant funds described herein, Contractor agrees to reimburse the City the amount of such monies so misused,misapplied or misappropriated, AIDSOUTREACHCENTERCONTRACT June 6,200] 3 CNN plus the amount of any sanction,penalty or other charge levied against City because of such misuse, misapplication or misappropriation. 5. Reporting Procedures a.Financial Reports Contractor will submit to City on a monthly basis: (1) Attachment II, Detailed Statement of Costs; and (2) Attachment 111, Expenditures Worksheet Report, as applicable, for expenses incurred for services and activities accomplished by Contractor in performance of this Contract. The reports must be signed by a duly authorized agent of Contractor and submitted by the 15"of the month following the month being reported. The City is under no obligation to authorize payments for expenditures which occurred prior to the first day of the month for which the report is submitted. b. Performance Reports Contractor will submit to City on a monthly basis: (1)Attachment IV and(2)Attachment IV(A), Program Services Report to City for services and activities accomplished by Contractor in performance of this contract. The report will be signed by a duly authorized agent of Contractor and submitted by the 15' of the month following the month which is reported. 6. 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. Contractor agrees to notify City upon receipt of property so that it may be properly tagged and inventoried. Title to such property will be vested with the City, and, at the termination of the Program for which HOPWA funds have been received, Contractor will deliver all such property to City for disposition at City's sole discretion. 7. Applicable Laws a. Federal Contractor agrees to comply with the following laws and the regulations issued thereunder as they are currently written or are hereafter amended during performance of this contract: • Title VI of the Civil Rights Act of 1964 (42 USC 2000d et seq) • Title VIII of the Civil Rights Act of 1968 (42 USC 3601 et seq) • Executive Orders 11063, 11246, as amended by 11375 and as supplemented by Department of Labor regulations (41 CFR , Part 60), 11625, 12138, and 12432, • The Age Discrimination Act of 1975 (42 USC 6101-07 and implementing regulations at 24 CFR part 146 • Section 504 of the Rehabilitation Act of 1973 (29 USC 794) • The Immigration Reform and Control Act of 1986 (Pub. L. 99-603, 100 Stat. 3359 , as amended), specifically including the provisions requiring employer verification of the legal status of its employees • The Housing and Community Development Act of 1987 (Pub. L. 100-242, 101 Stat. 1815, as amended) • The Americans with Disabilities Act of 1990 (42 USC 12101 et seq) AIDSOUTREACHCENTERCONTRACT June 6,2001 4 r jj r • The Drug Free Workplace Act of 1988 (24 CFR part 23, subpart F) • The Fair Housing Act(42 USC 3601-19) and implementing regulations at 24 CFR part 100 • The applicable standards for eligible housing activities, rental assistance, short-term supported housing, and community residences in 24 CFR 574.310-340 b. Other Laws Contractor covenants and agrees that its officers, members, agents, employees, program participants and subcontractors shall abide by and comply with all other laws, federal, state and local,relevant to the performance of this contract,including all ordinances,rules and regulations of the City of Fort Worth and the Housing and Community Development Act of 1974 (Pub. L. 93-383, 885 Stat. 633,), as amended, and all regulations pertaining thereto. Contractor further promises and agrees that it has read, and is familiar with, terms and conditions of the Housing Opportunities for Person With AIDS (HOPWA)Grant under which funds are granted and that it will fully comply with same. It is agreed and understood that, if City calls the attention of Contractor to any such violation on the part of Contractor or any of its officers,members,agents, employees,program participants or subcontractors,then Contractor shall immediately desist from and correct such violation. 8. Nondiscrimination a. Contractor, in the execution, performance or attempted performance of this contract and agreement,will not unlawfully discriminate against any person or persons because of sex,race, religion,age,disability,color or national origin,nor will Contractor permit its officers,members, agents, employees, subcontractors or program participants to engage in such discrimination. b. In accordance with the policy of the Executive Branch of the federal government,Contractor covenants that neither it nor any of its officers,members,agents,employees,program participants or subcontractors, while engaged in performing this contract, shall, in connection with the employment,advancement or discharge of employees or in connection with the terms,conditions or privileges of their employment,discriminate against persons because of their age except on the basis of bona fide occupational qualification,retirement plan or statutory requirement. c. Contractor further covenants that neither it nor its officers, members, agents, employees, subcontractors, program participants, or persons acting on their behalf, shall specify, in solicitations or advertisements for employees to work on this contract,a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan or statutory requirement. d. In accordance with the provisions of the Americans with Disabilities Act of 1990("ADA"), Contractor warrants that it and any and all of its subcontractors will not unlawfully discriminate on the basis of disability in the provision of services to the general public,nor in the availability, terms and/or conditions of employment for applicants for employment with Contractor, or employees of Contractor or any of its subcontractors. Contractor warrants it will fully comply with ADA's provisions and any other applicable federal,state and local laws concerning disability and will defend,indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractors against City arising out of Contractor's and/or its subcontractors' alleged failure to comply with the above-referenced laws concerning disability discrimination in the performance of this agreement. e. This agreement is made and entered into with reference specifically to the ordinances codified at Chapter 17, Article III, Division 3 ("Discrimination in Employment Practices"), of the City Code of the City of Fort Worth, and Contractor hereby covenants and agrees that Contractor,its AIDSOUTREACHCENTERCONTRACT June 6,2001 5 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. 9. Prohibition Against Interest a. No member, officer or employee of City or its designees or agents; no member of the governing body of the locality in which the Program is situated; and no other public official of such locality or localities, who exercises any functions or responsibilities with respect to the Program funded hereunder during his or her tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed hereunder. Contractor shall incorporate, or cause to be incorporated, like language prohibiting such interest in all contracts and subcontracts hereunder. b. No member,officer,employee,or program participant of Contractor or its subcontractors shall have a financial interest,direct or indirect,in this contract or the monies transferred hereunder or be financially interested, directly or indirectly, in the sale to Contractor of any land, materials, supplies or services purchased with any funds transferred hereunder, except on behalf of Contractor,as an officer,employee,member or program participant. Any willful violation of this paragraph with the knowledge, expressed or implied, of Contractor or its subcontractors shall render this contract voidable by the City of Fort Worth. 10. Minority and Women Business Enterprise Commitment Contractor agrees to abide by the City of Fort Worth's policy to involve Minority and Women Business Enterprises (M/WBE)in all phases its procurement practices and to provide them an equal opportunity to compete for contracts for construction, provision of professional services, purchase of equipment and supplies and provision of other services required by City. Therefore, Contractor agrees to incorporate City Ordinance No. 11923, 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. 11. Non-Assignment Contractor will not assign any or all of its rights or responsibilities under this contract without the prior written approval of City. Any purported assignment without such approval will be a breach of this contract and void in all respects. 12. 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. AIDSOUTREACHCENTERCONTRACT June 6,2001 6 J2°° !Z' ONE n,M 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. 13. Insurance and Bonding a. Contractor covenants and agrees to indemnify,hold harmless and defend, at its own expense, City and its officers, agents, servants and employees from and against any and all claims or suits for property loss or damage and/or personal injury, including death, to any and all persons, of whatsoever kind or character, whether real or asserted, arising out of or in connection with the execution, performance, attempted performance or nonperformance of this contract and agreement and/or the operations,activities and services of the Program described herein,whether or not caused,in whole or in part,by alleged negligence of officers,agents,servants,employees, contractors or subcontractors of City; and Contractor hereby assumes all liability and responsibility of City and its officers, agents, servants, and employees for any and all claims or suits for property loss or damage and/or personal injury,including death,to any and all persons, of whatsoever kinds or character,whether real or asserted,arising out of or in connection with the execution, performance, attempted performance or non-performance of this contract and agreement and/or the operations,activities and services of the programs described herein,whether or not caused in whole or in part,by alleged negligence of officers, agents, servants, employees, contractors or subcontractors of City. Contractor likewise covenants and agrees to and does hereby indemnify and hold harmless City from and against any and all injury, damage or destruction of property of City, arising out or in connection with all acts or omissions of Contractor, its officers, members, agents, employees, subcontractors, invitees, licensees, or program participants, or caused, in whole or in part, by alleged negligence of officers, agents, servants, employees, contractors or subcontractors of City. b. Contractor will maintain a blanket fidelity coverage in the form of an insurance bond in the amount of $432,550.00, to insure against loss from the fraud, theft or dishonesty of any of Contractor's officers,agents,trustees,directors or employees. The proceeds of such bond shall be used to reimburse City for any and all loss of HOPWA monies occasioned by such misconduct. To effectuate such reimbursement,such bond shall include a rider stating that reimbursement for any loss or losses thereunder shall be made directly to City for the uses and benefit of Contractor. c. Contractor shall furnish a certificate of insurance as proof that it has secured and paid for policies of public liability and automobile liability insurance covering all risks incident to or in connection with the execution, performance, attempted performance or nonperformance of this contract and agreement. d. The amounts of such insurance shall not be less than the maximum liability which can be imposed on City under the laws of the State 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. AIDSOUTREACHCENTERCONTRACT June 6,2001 7 e. 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. 14. Waiver of Immunity If Contractor, as a charitable or nonprofit organization,has or claims an immunity or exemption (statutory or otherwise) from and against liability for damages or injury, including death, to persons or property; Contractor hereby expressly waives its rights to plead defensively such immunity or exemption as against City. This section shall not be construed to affect a governmental entity's immunities under constitutional, statutory or common law. 15. Termination a. In addition to, and not in substitution for, other provisions of this Agreement regarding the provision of services provided with HOPWA funds, pursuant to Title I of the Housing and Community Development Act of 1974,as amended,it is expressly understood and agreed by and between the parties hereto that this agreement is wholly conditioned upon the actual receipt by City of Federal HOPWA Year 2001-2002 funds; that all monies distributed to Contractor hereunder shall be exclusively from Federal monies received under said grant and not from any monies of City;and that if such funds under said grant are not timely forthcoming,in whole or in part, City may, at its sole discretion,terminate this contract and agreement and City shall not be liable for payment for any work or services performed by Contractor under or in connection with this contract. b. City may terminate this contract whenever such termination is determined to be in the best interest of City,in event of Contractor's default,inability or failure to perform or to comply with any of the terms herein, or for other good cause. c. The parties acknowledge that HOPWA funds paid hereunder are intended to provide only partial funding for Contractor's program operations. If non-HOPWA funds included in the Operating Budget are not forthcoming to Contractor during the contract term,City may terminate this contract. 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 monies,except as necessary for completion of the portions of the contract not terminated; and • Terminate all orders and contracts to the extent that they relate to terminated portions of the contract. f. Contractor will return to City any unused monies previously advanced by City under this contract within thirty (30) days of the effective date of contract termination. City will have no responsibility or liability for Contractor's expenditures or actions occurring aftallip effective date of contract termination. ,� r a ,e'��--- AIDSOUTREACHCENTERCONTRACT June 6,2001 8 16. Certification Regarding Lobbying a. The undersigned representative of Contractor hereby certifies, to the best of his or her knowledge and belief,that: No federal appropriated funds have been paid or will be paid,by or on behalf of Contractor, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress or an employee of a member of Congress in connection with the awarding of any federal contract,the making of any federal grant,the making of any federal loan,the entering into of any cooperative agreement and the extension, continuation,renewal, amendment, or modification of any federal contract, grant, loan or cooperative agreement. Contractor shall require that the language of this certification be included in all subcontracts or agreements involving the expenditure of federal funds. b. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan or cooperative agreement, Contractor shall complete and submit Standard Form-LLL,Disclosure Form to Report Lobbying," in accordance with its instructions. 17. Miscellaneous Provisions a. All terms of this contract shall apply to any and all subcontractors of Contractor who are in any way paid with HOPWA funds or who perform any work in connection with Contractor's program. b. The provisions of this agreement are severable, and, if for any reason a clause, sentence, paragraph or other part of this agreement shall be determined to be invalid by a court or federal or state agency, board or commission having jurisdiction over the subject matter thereof, such invalidity shall not affect other provisions which can be given effect without the invalid provision. c. The failure of the City to insist upon the performance of any term or provision of this agreement or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to any extent of City's right to assert or rely upon any such term or right on any future occasion. d. Should any action, whether real or asserted, at law or in equity, arise out of the execution, performance,attempted performance or nonperformance of this contract and agreement,venue for said action shall 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 hereto concerning the work and services to be performed hereunder, and any prior or contemporaneous,oral or written agreement which purports to vary from the terms hereof shall be void. Any amendments to the terms of this contract must be in writing and must be approved by each party to this contract. fba �� � �t � � fDPI, Q AIDSOUTREACHCENTERCONTRACT June 6,2001 9 IN WITNESS WHEREOF,the parties hereto have executed three copies of this contract in Fort Worth, Tarrant County, Texas,this AV& day of v , A.D. 20 Of CITY QK FORT WORTH AIDS JUTRE#CH CENTER L By: t By: AA�L t�! Ll Charles R. Boswell Mike McKay Assistant City Manager Executive Director APPROVED AS TO FORM AND LEGALITY: City Attorney &If& r Date ATTEST: City Sbcretary 6-- 1 Contract Authorization Date 15 AIDSOUTREACHCENTERCONTRACT June 11,2001 10C ,% iu P A G�1� TY STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME,the undersigned authority,a Notary Public in and for the State of Texas,on this day personally appeared Charles Boswell, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the City of Fort Worth and that he executed the same as the act of said City of Fort Worth for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 47 2day of , A.D. 20 0l . jRYPG"' ROSELLA BARNES Notary Public in and for '�P...... B�1t *} N* NOTARY PUBLIC the State of Texas �/P State of Texas ' Comm,Exp,03-31-2005 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME,the undersigned authority, a Notary Public in and for the State of Texas,on this day personally appeared Mike McKay, Executive Director, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he\she executed the same for the purposes and consideration therein expressed,as the act and deed for AIDS Outreach Center and in the capacity therein stated as its duly authorized officer or representative. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 4A* 0 D 1 . Notary Public in and giCaRm JAIrALE OgYD� the State of Texas NQ?ARY PtlBUCStas of Tiocas Et!.12-10.4= ND AIDSOUTREACHCENTERCONTRACT June 8,2001 11 rj C U IP�p �LSL�Uo APPRENDIX C—CONSTITUTIONAL PROVISION Contractor represents that it is, or may be deemed to be, a religious or denominational institution or organization, or an organization operated for religious purposes which is supervised or controlled by or in connection with a religious or denominational institution or organization. Pursuant to Title 24 CFR 4 574.300 (c). Contractor agrees that in connection with this contract: (a) It will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons or the basis of religion; (b) It will not discriminate against any person applying for any of the eligible activities under this part on the basis or religion and will not limit such housing or other eligible activities or give preference to persons on the basis of religion; (c) It will provide no religious instruction or counseling, conduct no religious services or worship, engage in nor religious influence in the provision of eligible activities under this part; and (d) Assistance will not be provided to a project sponsor that is a primarily religious organization to construct or acquire a structure. hopwaconstitutionalprovi Sion.doc "EIA"G'" ATTACHMENT CITY OF FORT WORTH INTERGOVERNMENTAL AFFAIRS AND GRANT MANAGEMENT CONTRACT MANAGEMENT DIVISION SUB-GRANTEE'S REQUEST FOR FUNDS Name and Address of Sub-Grantee Program Name Outreach AIDS Outreach center Contract No. Amt $ 432,550 801 West Cannon Fort Worth,Texas 75104 Date of Request Month SECTION I(AGENCY) Current Month Cumulative I. Reimbursement Request 1.Expenditures: $ $ 2.Income: A. Program Income $ $ B. Interest Transferred to Operation Account $ $ C. Interest Earned CDBG Funds $ $ 3.Reimbursement Requested(1 minus 2) $E $ II.Advance Pay Requests 1.Estimated Expenditures $ $ 2.Income: A.Program Income $ $ B.Unpaid Request of Payment Previously Submitted $ $ 3.Advance Authorized(1 minus 2) $ $ III. Reporting Interest 1.Interest over$25 per quarter returned to City $® $ SECTION fl(CITY) I. MARS-Purchasing Request A.MARS INPUT:Vendor/PO Number/Requisition Number: B.Fund/Account/Center: GR76/539120/013206700020 C.Total Amount of this Request: $ SECTION III I. Verification A.Contract Manager: (Name) (Signature) (Date) B.MARS-Purchasing: (Name) (Signature) (Date) C.Accounting: (Name) (Signature) (Dale) II.Authorization A.Agency: (Name) (Signature) (Date) B.Contract Compliance Supervisor (Name) (Signature) (Date) C.Assistant to the City Manager: (Name) (Signature) Date) DISTRIBUTION White- Accounting Blue- IAGM Green- AgencyoMF RMge-o1 lir1) T J 0 CITY OF FORT WORTH ATTACHMENT II INTERGOVERNMENTAL AFFAIRS AND GRANT MANAGEMENT CONTRACT MANGEMENT DIVISION DETAIL STATEMENT OF COST HOPWA AIDS Outreach Center Report eno Outreach Contract No. Date of Request ACCOUNT PROGRAM MONTHLY CUMULATIVE COST CATEGORY Number BUDGET EXPENDITURES TO DATE BALANCE ADMINISTRATIVE EXPENSES Salaries 516 010A FICA 518 010A Health Insurance 518 010A Unemployment Tax 518 090A Workers Compensation 518 040A Retirement 518 010A Office Supplies 521 010A Postage 521 020A Telephone 535 040A Rent 537 010A Office Equipment Rental 537 030A Legal&Accounting 000 OOOA Printing 533 030A ADMINISTRATIVE EXPENSE SUB-TOTAL %ADMINISTRATIVE EXPENSE #DIV/0! #DIV/0! #DIV/O! SUPPORTIVE SERVICES Salaries 516 010 FICA 518 010 Health Insurance 518 050 State Employment Insurance 518 060 Worker's Comp 518 060 Retirement 518 040A Telephone 535 040 Electric 535 020 Gas[Utilitiies] 535 010 Water/Waste Disposal 535 030 Rent 537 010 Custodial Services 539 220 Printing 533 030 Repairs 536 010 Fidelity Bond 538 210 Liability Insurance 534 020 Legal&Accounting 538 050 Auto Allowance 532 130 Contractual Services 539 120 OPERATIONS Direct Assistance Payments 539 120 SUPPORTIVE SERVICES SUB-TOTAL TOTAL Contractor 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. NAME and TITLE OF AUTHORIZED OFFICER SIGNAT TE DISTRIBUTION: h�ii I it rG'it D) p White Copy: Accounting ina ;� Blue: IAGM t Green: Agency (7 ATTACHMENT III CITY OF FORT WORTH INTERGOVERNMANTAL AFFAIRS AND GRANT MANAGEMENT CONTRACT MANAGEMENT DIVISION EXPENDITURES WORKSHEET AIDS Outreach Center AGENCY REPORT PERIOD Outreach PROGRAM CONTRACT NO. DATE OF REQUEST NO. DATE CHECK NO. PAYEE DESCRIPTION ACCOUNT NO. AMOUNT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 26 TOTAL 0.00 NAME and TITLE OF AUTHORIZED OFFICER SIGNATURE and DATE rII�� rr((��} li L �'-)1 f,(0,i `1L' DISTRIBUTION GC�i �)(5',.1 r)11j White- Accounting C� L{�lj(ldl'l0 Green- Agency l %'j I� �p U`�SGUo ATTACHMENT IV CITY OF FORT WORTH INTERGOVERNMENTAL AFFAIRS AND GRANTS MANAGEMENT HOPWA PROGRAM SERVICES AND TENANT-BASED RENTAL ASSISTANCE 1. NAME AND ADDRESS OF SUBGRANTEE 2. PROJECT NAME: Outreach AIDS Outreach Center 3. CONTRACT No: Contract Date: 801 West Cannon 4. DATE OF Fort Worth, Texas 76104 REQUEST: MONTH&YEAR 5. PROGRAM SERVICES AND ACTIVITIES CURRENT MONTH CUMULATIVE 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-HISPANIC 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 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 i 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/IDIS-RPT FORM 6 'ATTACIAMENT IV(A) CITY OF FORT WORTH INTERGOVERNMENTAL AFFAIRS AND GRANTS MANAGEMENT 1.Name and Address of Sub-Grantee 2.Project Name: Outreach AIDS Outreach Center 3.Contract No: Contract Date: 801 West Cannon Contract Amount: $432,550.00 Fort Worth,Texas 76104 4.Date of Request: MONTH&YEAR 5. PROGRAM SERVICES AND ACTIVITIES: CURRENT CUMULATIVE 6. SCOPE OF WORK NARRATIVE: 7. PROBLEMS ENCOUNTERED/SOLUTIONS PROPOSED: 8. ANTICIPATED ACTIVITY DURING THE NEXT MONTH: 9. CERTIFICATION: The undersigned hereby gives assurance that to the best of my knowledge and belief,the data included in this report is true and accurate,and if a non-profit agency,has been approved by the governing body of the organization prior to submission. Date: Submitted by: Phone Num: IAGM/IDIS-RPT FORM 7A AT-IVA.f m �"--- nn Q J�I li EXHIBIT A HOPWA 2001-2002 PROGRAM SUMMARY AIDS Outreach Center AGENCY Outreach Services PROGRAM 1 June, 2001 to 31 May, 2002 $4329550.00 CONTRACT NO. PERIOD AMOUNT PROGRAM DESCRIPTION Provide tenant-base rental assistance,short-term rent,mortgage and utility payments,and support services to individuals with HIV/AIDS and their families in order to prevent homelessness. Council District(s)ALL PROGRAM GOALS Prevent homelessness for individuals with HIV/AIDS and their families. PROGRAM OBJECTIVES To provide increase access to needed services and resources through case management. To provide intervention services that will lead clients to independent living arrangements. PROGRAM SERVICES and ACTIVITIES GOALS Number of unduplicated clients 230 Provide long-term rental assistance 828 Short term rental,mortgage and utility assistance 783 W DO ' flfl�7�tiy'�NCGu G'� /A Ely M\ . EXHIBIT B HOPWA YEAR 2001-2002 PROGRAM SERVICE SCHEDULE AIDS Outreach Center AGENCY Outreach Services PROGRAM Activity Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Total Number of unduplicated clients 19 19 19 19 19 20 19 19 19 20 19 19 230 Provide long-term rental 69 69 69 69 69 69 69 69 69 69 69 69 828 assistance Short term rental,mortgage and 78 78 78 78 79 79 79 78 78 78 78 78 783 utility assistance �9 rr UWAI s � i HOPWA 2001 -2002 CONTRACT PERIOD From: 06/01/2001 To: 05/31/2002 Name of Sub Grantee Name of Program AIDS Outreach Center Outreach Program HOPWA Cost Category Budget Funds [a] [b] [c] [d] ADMINISTRATIVE SERVICES Salaries 8,693.36 - FICA 665.04 665.04 - - - - Life Insurance - - - - - - Health Insurance 785.88 785.88 Employment Tax-State 203.42 203.42 - - - Employment Tax-Federal - - - - - - Worker's Comp - - - - - - Retirement 260.80 260.80 - - - - Telephone 2,134.00 2,134.00 Office Supplies 651.00 651.00 - - - - Postage 224.00 224.00 - - - - Printing 189.00 189.00 - - - - Rent 8,064.00 8,064.00 - - - - Legal&Accounting 6,188.00 6,188.00 - - - Contractual Services - - - - - - TOTAL ADMN EXPENSES 28,059 28,059 - - - - %Administrative Cost 4% 6% r .. , SUPPORTIVE SERVICES Salaries 57,624.53 57,624.53 - - - - FICA 4,408.28 4,408.28 - - - Life Insurance - - - - - - Health Insurance 5,209.26 5,209.26 - - - - Employment Tax-State 1,348.41 1,348.41 - - - - Worker's Compensation - - - - - Employment Tax-Federal 1,728.74 1,728.74 - - - - Worker's Comp - - - - - - Retirement - - - - - - Telephone - - - - - - Electric - - - - - - Gas - - - - -Water/Waste Disposal - - - - - - Lease - - - - - - Repairs - - - - - - Office Equipment Rental - - - - - Printing - - - - - - Fidelity Bond - - - - - - Liability Insurahce - - - - - Legal&Accounting - - - - - - Private Auto Allowance - - - - - - Contractual Services 266,038.00 - 97,387.00 120,000.00 48,651.00 - TOTAL OPERATING COT 336,357.21 70,31 .21 97,387,00 120,000.00 48,651.00 - Client Direct Assistance 334,172.28 334,172.28 - - - - TAL SUPPORT SERVICES 670,529.49 404,491.49 97,387.00 120,000.00 48,651.00 - TOTALI 698,588.00 432,550.00 97,387.00 120,000.00 48,651.00 - MATCHING FUND SOURCES [a] Tarrant County(Ryan White I,Ryan White ll,TDH State Services [b] Supportive Housing Program(SNAPS) [c] Other(Private Funds,etc.) SECTION I BUDGET DETAIL-Administrative Page 2 of 3 PERSONAL SERVICES Hourly Annual %of Position/Title Rate Hours Time Amount 1 Staff Accountant 16.00 2080 13% 4,160 2 Office Manager 12.72 2080 5% 1,323 3 Executive Director 30.87 2080 5% 3,210 4 - - 0% - 5 - - 0% - TOTAL STAFF SALARIES 8,693 FRINGE BENEFITS % of % Paid % Paid CATEGORY Payroll Amount by Agency HOPWA Amount FICA 7.65% 665 0 100% 665 Life Insurance 0.00% - 0 100% - Health Insurance 9.04% 786 0 100% 786 Employment Tax 2.34% 203 0 100% 203 Worker's Comp 0.00% - 0 100% - Retirement 3.00% 261 0 100% 261 TOTAL FRINGE BENEFITS 1,915 TOTAL PERSONAL SERVICES-Administrative 10,609 SECTION II BUDGET DETAIL -Supportive Services PERSONAL SERVICES Hourly Annual % of Position/Title Rate Hours Time Amount 1 AED Family Services&Outreach 21.92 2080 9% 4,103 2 HOPWA Director Case Management 18.99 2080 17% 6,715 3 HOPWA Case Manager 11.54 2080 100% 24,003 4 HOPWA Case Worker 11.54 2080 10% 2,400 5 HOPWA Case Manager 11.54 2080 85% 20,403 6 - 2080 0% - 7 - 2080 0% - TOTAL STAFF SALARIES 57,625 FRINGE BENEFITS % of % Paid % Paid CATEGORY Payroll Amount by Agency HOPWA Amount FICA 7.65% 4,408 0 100% 4,408 Life Insurance 0.00% - 0 100% - Heaith Insurance 9.04% 5,209 0 100% 5,209 Employment Tax 2.34% 1,348 0 100% 1,348 Worker's Comp 0.00% - 0 100% - Retirement 3.00% 1,729 0 100% 1,729 TOTAL FRINGE BENEFITS 12,695 TOTAL PERSONAL SERVICES-Supportive Services 70,319 rT L II EXHIBIT "D" AUDIT SCHEDULE INDEPENDENT AUDIT REQUIREMENT BUSINESS/AGENCY NAME: AIDS Outreach Center PROGRAM: Outreach HOPWA YEAR: 2001-2002 AMOUNT FUNDED: $432,550.00 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 Intergovernmental Affairs and Grants Management Divisjon at the beginning of each contract year. A,- 0 -G Signature E,)DD City of Fort Worth, Texas qV111jor And Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 4/17/01 G-13207 1 13BLOCK 1 of 4 SUBJECT COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) YEAR XXVII, EMERGENCY SHELTER GRANT (ESG) YEAR 2001-2002, AND HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS HOPWA YEAR 2001-2002 CONTRACT ACTIVITIES RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute CDBG Year XXVII, ESG Year 2001-2002 and HOPWA Year 20012002 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, for a term beginning June 1, 2001, and ending May 31, 2002: COMMUNITY DEVELOPMENT BLOCK GRANT(CDBG) Contract with the listed agencies for an amount not to exceed the following: A. DA Village $ 36,838 B. Habitat for Humanity $ 20,250 C. REACH, Inc. $ 24,300 D. Communities in School $ 36,045 E. Southside Area Ministries (Sam's Kids) $ 6,324 F. Boys and Girls Clubs (NINOS) $ 27,200 G. Boys and Girls Clubs (KEYS) $ 25,510 H. Boys and Girls Clubs (PASS) $ 24,300 I. East Fort Worth Montessori $ 30,705 J. Latin Arts Association $ 25,000 K. Booker T. Sparks School of the Performing Arts $ 32,400 L. Bridge Emergency Youth Services $ 40,500 M. Stone Soup Connection $ 18,108 N. Camp Fire $ 24,300 (list continued next page) ' s , City of Fort Worth, Texas "aBar And CoCouncilCommunication DATE REFERENCE NUMBER LOG NAME PAGE 4/17/01 G-13207 1 13BLOCK 2 of 4 SUBJECT COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) YEAR XXVII, EMERGENCY SHELTER GRANT (ESG) YEAR 2001-2002, AND HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS HOPWA YEAR 2001-2002 CONTRACT ACTIVITIES O. YWCA of Fort Worth (AIM) $ 28,787 P. YWCA of Fort Worth (Child Care) $150,000 Q. Child Care Associates (formerly Day Care Association) $130,000 COMMUNITY DEVELOPMENT BLOCK GRANT R. Fort Worth Housing Authority $ 30,000 S. YMCA of Fort Worth $120,375 T. Clayton Child Care $ 60,000 U. Man Made Mentoring $ 22,500 V. Southside Area Ministries (Seniors) $ 2,570 W. Senior Citizens Services of Tarrant County (Como) $ 17,597 X. Meals on Wheels $ 33,696 Y. Senior Citizens Services of Tarrant County (Riverside) $ ,15,271 Z. Mental Health Association (OMBUDSMAN) T$ 17,500 AA. AMISTADES $ 17,100 BB. NSEAM $ 17,100 CC. Women's Center of Tarrant County $ 10,692 DD. Job, Inc. $100,409 EE. Fort Worth SER $ 99,071 FF. A-Prep Center of Tarrant County $ 98,415 GG. Summerbridge Fort Worth $ 37,500 (list continued next page) i City of Fort Worth, Texas imAlju;c And Council communicalflon DATE REFERENCE NUMBER LOG NAME PAGE 4/17/01 G-13207 1 13BLOCK 3 of 4 SUBJECT COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) YEAR XXVII, EMERGENCY SHELTER GRANT (ESG) YEAR 2001-2002, AND HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS HOPWA YEAR 2001-2002 CONTRACT ACTIVITIES HH. JMAC Youth Center of Tarrant County $ 25,000 II. Northside InterChurch Agency $ 35,815 JJ. Fort Worth Economic Development Corporation (Micro-Loan) $ 18,225 KK. Fort Worth Economic Development Corporation (RLF) $ 51,908 LL. Mental Health Association (Mental Health Advocate) $ 24,750 EMERGENCY SHELTER GRANT A. YWCA $ 15,000 B. Cornerstone Assistance Network $ 15,075 C. Presbyterian Night Shelter $151,308 D. Bridge Emergency Youth Services $ 7,862 E. Women's Haven of Tarrant County, Inc. $ 24,092 F. Salvation Army $ 9,730 G. MHMR of Tarrant County $ 12,500 H. YWCA(My Own Place) $ 21,993 HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS A. AIDS Outreach Center, Inc. $432,550 B. Tarrant County Samaritan Housing, Inc. $212,470 C. AIDS Resources of Rural Texas—A.R.R.T. $ 74,720 City of Fort Worth, Texas "aljor andC ouncil Consmunicaidon DATE REFERENCE NUMBER LOG NAME PAGE 4/17/01 G-13207 13BLOCK 4 of 4 SUBJECT COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) YEAR XXVII, EMERGENCY SHELTER GRANT (ESG) YEAR 2001-2002, AND HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS HOPWA YEAR 2001-2002 CONTRACT ACTIVITIES DISCUSSION: On March 27, 2001, the City Council approved and adopted the budgets and the appropriation ordinance increasing estimated receipts and appropriations for the Twenty-Seventh .Year Community Development Block Grant (CDBG), (2001-2002) Emergency Shelter Grant (ESG), and (2001-2002) Housing Opportunities for Persons with AIDS (HOPWA), as part of the City's Consolidated Plan. The Consolidated Plan, as adopted by the City Council, included program descriptions for each of the above funded programs. The above programs are consistent with the City's approved Community Development Plan and Priorities and meets the requirements of the Department of Housing and Urban Development regulations concerning "eligible activities". FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that upon approval and receipt of funding from the U.S. Department of Housing and Urban Development, funds will be available in the current operating budget, as appropriated, of the Grants Fund. CB:k t t f t Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) - Charles Boswell 8511 ARROVEg Originating Department Head: CITY COU ct 'Joe Paniagua 6168 (from) APR 17 20011 Additional Information Contact: Joe Paniagua 6168 Gt7•Ntt Pl rtk TIMAS )t �i