HomeMy WebLinkAboutContract 30261 CITY SECRETARY, j
I
STATE OF TEXAS § CONTRACT NO.
COUNTY OF TARRANT §
THIS contract is made and entered into by and between the City of Fort Worth("City"),acting and
through Charles Boswell,its duly authorized Assistant City Manager, and AIDS Resources of Rural
Texas ("Contractor"), by and through Mr. Bradley Ward, its duly authorized Executive Director.
Contractor's business address is P O Box 1720, Weatherford, TX 76086.
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 2004-2005; and,
WHEREAS, the City of Fort Worth has been designated to service the 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 Housing ("Program"), for the term from June 1, 2004 to May 31, 2005.
b. Contractor will provide the services and activities delineated in Exhibit A,Program Summary
in accordance with Exhibit B, Program Services Schedule.
c. 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 HOPWAYear 2004-2005 monies in an amount up to$104,791 to Contractor on
a reimbursement of expenses basis.
XX`C HOPWACNT.DOC Jul 13,2004 1
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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. 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. 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 $890,752.80 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.HOPWAmonies
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 O1V1B 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.
)M HOPWACNT.DOC July 13,2004 2
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-110 and A-122 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,
plus the amount of any sanction,penalty or other charge levied against City because of such
misuse, misapplication or misappropriation.
XXX HOPWACNT.DOC July 13,2004 3 l�, ' �.�'_
5. Reporting Procedures
a.Financial Reports
Contractor will submit to City on a monthly basis: (1)Attachment I-Sub-Grantees's Request For
Funds, (2) Attachment II-Detailed Statement of Costs; and (3) Attachment III-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 15th of the month following the month being reported.
b. Performance Reports
Contractor will submit to City on a monthly basis: (1)Attachment N and(2)Attachment N(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 15th 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 VII[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)
• 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
XXX HOPWACNT.DOC July 13,2004 4
• 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
withADA'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
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.
XXX HOPWACNT.DOC July 13,2004 5
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 (MIWBE) in all phases its procurement practices and to provide them an
equal opportunity to compete for contracts for construction,provision of professional services,
purchase of equipment and supplies and provision of other services required by City. Therefore,
Contractor agrees to incorporate City Ordinance No. 15530, and all amendments or successor
policies thereto, into all contracts and will further require all persons or entities with whom it
contracts to comply with said Policy.
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.
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
?XC HOPMNACNT.DOC July 13,2004 6
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 maybe lost,stolen,destroyed or in anyway 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 a bond in the amount of
$104,791,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 certificates of insurance as proof that it has secured and paid for
policies of workers'compensation,public liability and automobile liability insurance covering all
risks incident to or in connection with the execution, performance, attempted performance or
nonperformance of this contract and agreement. The amounts of such insurance shall not be less
than the maximum liability which can be imposed on City under the laws of the State of Texas.
Contractor understands and agrees that such insurance amounts maybe 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.
XXX HOPWACNT.DOC July l3,2004 7
14. Waiver oflmmunity
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 2004-2005 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 ori
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 finds 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 after the effective date
of contract termination.
16. Certification Regarding Lobbying
a. The undersigned representative of Contractor hereby certifies, to the best of his or her
knowledge and belief, that: No federal appropriated funds have been paid or will be paid,by or
XXX HOPWACNT.DOC July 13,2004 8
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.
i
XXX HOPWACNT.DOC Jule 13,2004 9
IN WITNESS WHEREOF,the ereto have exe t d three copies of this contr ct'n Fort
Worth, Tarrant County, Texas, this day of , A.D. 20 _
CITY OF FORT WORTH AIDS Resources of Rural Texas
By: By:
Charles R. Boswell Mr. Bradley Ward
Assistant City Manager Executive Director
APPROVED AS TO FORM AND LEGALITY:
owagk-,"'I
City Attorney
Date
ATTEST:
/&'ZLta) �2&te,
"y
+� City Secretary
01 �V`5
Cortrac .3uth r'ization
Date
XXX HOPWACNT.DOC Jul 13,2004 10
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°V14tday of ,A.D. 20!?-�4 .
ROSELLA BARNES
NOTARY PUBLIC
State of Texas Notary Public in and for
ti 'oFPComm. Exp.03-31-2005 the State of Texas
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME,the undersigned authority, a Notary Public in and for the State of Texas, on this day
personally appeared Mr. Bradley Ward,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 Resources of Rural Texas and in the
capacity therein stated as its duly authorized officer or representative.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this A' dar,of , l' . 20
CUNTCN SPIlUILL ary Pub ' in and or
Motmflue VATEaFWA the State exas
.r c000151100 g1pliser
SEPTEMBER 7,2Ni
XXX HOPWACNT.DOC July 13,2004 11
APPENDIX A—CONSTITUTIONAL PROVISION
Contractor represents that it is, or may be deemed to be, a religious or denominational institution or an organization
operated for religious purposes which is supervised or controlled by or in connection with a religious or
denominational institutional or organization. Pursuant to Title 24 CFR § 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 on 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 of 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 no religious services or worship, engage in no religious proselytizing, and exert no other religious
influence in the provision of eligible activities under this part.
d. Assistance will not be provided to a project sponsor that is a primarily religious organization to
construct or acquire a structure.
EXHIBIT A
PROGRAM SUMMARY
AIDS Resources of Rural Texas
AGENCY
Housing
PROGRAM
00000 June 1, 2004-May 31, 2005 $104,791
CONTRACT NO. PERIOD AMOUNT
PROGRAM DESCRIPTION
HOPWAfunds are used to provide emergency rental and utility assistance to individuals with HIV/
AIDS in rural counties of Tarrant, Parker,Johnson and Hood Counties. HOPWA funds are used for
supportive services costs, long term, and short term rental assistance.
COUNTIES SERVED
Hood, Johnson, Tarrant and Parker
PROGRAM GOALS
Enable individuals with HIV/AIDS to remain in their own homes and communities.
PROGRAM OBJECTIVES
Meet financial emergency needs of individuals with HIV/AIDS.
Provide client households emergency/rental assistance.
PROGRAM SERVICES and ACTIVITIES GOALS
Number Unduplicated Clients Served 43
Provide Short Term Assistance for Clients 72
Provide Lang Term Assistance for Clients 132
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CITY OF FORT WORTH EXHIBIT C
HOPWA Page 1 of 3
ANNUAL BUDGET
CONTRACT PERIOD From: 6/1/2004 To: 5/31/2005
Name of Sub Grantee Name of Program
AIDS Resources Rural Texas Housing
Program HOPWA RWI/II TDH HOPWA
Cost Category Budget Funds [a] [b]
ADMINISTRATIVE SERVICES
Salaries - - -
FICA - - -
Life Insurance - - -
Health Insurance
Employment Tax-State
Employment Tax-Federal
Worker's Comp
Retirement
Rent - - -
Office Equipment Rental
Contractual Services
TOTAL ADMN EXPENSES
%Administrative Cost o 0
Salaries 173,878 $ 8,600 $ 159,218.00 $ 6,060.00
FICA 13,302 $ 658 $ 12,180.00 $ 464.00
Health Insurance 24,628 $ 1,032 $ 22,667.00 $ 929.00
State Employment Taxes 879 $ 176 $ 579.00 $. 124.00
Worker's Compensation 5,267 $ 181 $ 4,906.00 $ 180.00
Retirement 17,798 $ 946 $ 16,185.00 $ 667.00
Office Supplies 30,639 $ 600 $ 28,714.00 $ 1,325.00
Postage 2,710 $ 225 $ 2,285.00 $ 200.00
Telephone 34,543 $ 1,550 $ 30,284.00 $ 2,709.00
Electric 8,011 $ 525 $ 6,946.00 $ 540.00
Audit 3,270 $ - $ 2,670.00 $ 600.00
Lease 49,910 $ 5,001 $ 41,334.00 $ 3,575.00
Custodial Services 3,997 $ 150 $ 3,847.00 $ -
Office Equipment Rental 4,300 $ 325 $ 3,975.00 $ -
Printing 2,460 $ 275 $ 1,985.00 $ 200.00
Fidelity Bond 450 $ 100 350 $ -
Liability Insurance 2,115 $ 125 1,990 $ -
Private Auto Allowance $ 3,525.00 $ 400 $ 2,225.00 $ 900.00
Advertisement $ 1,993.00 $ - $ 993.00 $ 1,000.00
Conference&Seminars $ 150.00 $ 150 $ - $ -
Rent/Mortgage/Utilities Assistance $ ;383,824.90
,103.00 $ 83,772 $ 12,878.00 $ 26,453.00
TOTAL SUPPORT SERVICES $ $ 21,019 $ 343,333.00 $ 19,473.00
Total -
MATCHING FUND SOURCES
[a] Ryan White I, II, III
[b] State Services
BUDGET DETAIL FOR SPECIFIED MONTHLY EXPENSES Page 2 of 3
PERSONAL SERVICES
Hourly Annual % of
Position /Title Rate Hours Time Amount
1 HOPWA Case Manager 14.43 2080 15.0% 4,250
2 Assoc. Executive Director 23.08 2080 2.0% 1,000
3 Administrative Assistant 9.38 2080 17% 3,350
4 -
5 -
6 -
7 -
8 -
9 -
10 -
TOTAL STAFF SALARIES 8,600
FRINGE BENEFITS
% of % Paid % Paid
CATEGORY Payroll Amount by Agency by Fund Amount
FICA 7.65% 658 0 100% 658
Health Insurance 0.25% 1,032 0 100% 1,032
Employment Tax-State 0.22% 176 0 100% 176
Worker's Comp 0.00% 181 0 100% 181
Retirement 0.00% 946 0 100% 946
TOTAL FRINGE BENEFITS 2,993
TOTAL PERSONAL SERVICES 11,593
BUDGET DETAIL FOR SPECIFIED MONTHLY EXPENSES Page 3 of 3
UTILITIES
Average Cost Number of
Category Per Month Months Amount
Telephone 129.17 12 1550
Electric 43.75 12 525
Gas 0 12 0
Water/Waste Disposal 0 0 0
Other: [Specify] 0 0 0
TOTAL UTILITIES 2075
BUILDING LEASE
No. Square Average Cost Number of
Building Location Foot Per Month Months Amount
1 1105 Santa Fe Drive 5100 416.67 12 5,001
TOTAL BUILDING LEASE 5,001
OTHER EXPENSES
Total % Charged
Category Charge To CDBG Amount
Fidelity Bond 400 25.0% 100
Liability Insurance 4230 3.0% 125
Postage 4125 5.0% 225
Office Supplies 6325 9.5% 600
Printing 4475 6.2% 275
Teaching Aids
Auto Allowance 4925 8.1% 400
Custodial Services 2550 5.8% 150
Computer Equipment
TOTAL OTHER EXPENSES 1875
CONFERENCES & SEMINARS
Total % Charged
Event Charges to CDBG Amount
1 Various 900 16.7% 150
2 0 0.0% 0
3 0 0.0% 0
TOTAL CONFERENCES & SEMINARS 150
OFFICE EQUIPMENT RENTAL
Total % Charged
Item Charge to CDBG Amount
1 Postage Machine/Copier 3375 10% 325
2 0
TOTAL OFFICE EQUIPMENT RENTAL 325
EXHIBIT "D"
AUDIT SCHEDULE
INDEPENDENT AUDIT REQUIREMENT
BUSINESS/AGENCY NAME: AIDS Resources of Rural Texas
PROGRAM: Housing
HOPWA YEAR: XXX
AMOUNT FUNDED: $104,791
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 Division at the beginning of each contract year.
Signature
CITY OF FORT WORTH Attachment I
INTERGOVERNMENTAL AFFAIRS AND GRANTS MANAGEMENT
CONTRACT MANAGEMENT DIVISION
REQUEST FOR FUNDS
AGENCY: ARRT PROGRAM:
ADDRESS: CONTRACT NUMBER:
CONTRACT AMOUNT:
CONTRACT DATE:
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 retumed to City of Fort Worth $ $
SECTION II (CITY)
I. BYSPEED - Purchasing Request
A. BYSPEED INPUT:Vendor/PO Number/Requisition Number:
B. Fund/Account/Center:
C.Total Amount of this Request: $
SECTION III
I. Verification
A. Contract Compliance Specialist
(Name) (Signature) (Date)
B. BYSPEED-Purchasing
(Name) (Signature) (Date)
C. Accounting
(Name) (Signature) (Date)
II.Authorization
A. Agency
(Name) (Signature) (Date)
B. Contract Manager D.Emerson
(Name) (Signature) (Date)
C. Budget Director B. Garrett
(Name) (Signature) (Date)
Distribution:
1 Copy-Accounting
1 Copy-IAGMJU
1 Copy-Agency f�� '`:- 1a71
CITY OF FORT WORTH ATTACHMENT It
INTERGOVERNMENTAL AFFAIRS AND GRANTS MANAGEMENT
CONTRACT MANAGEMENT DIVISION
DETAIL STATEMENT OF COSTS
AGENCY CONTRACT NO. DATE
TO
PROGRAM REPORT PERIOD
PROGRAM MONTHLY CUMULATIVE _T
COST CATEGORY ACCOUNT BUDGET EXPENDITURES TO DATE BALANCE
ADMINISTRATIVE EXPENSES
Salaries 516 010
FICA 518 010
Health Insurance 518 050
Worker's Comp 518 060
Retirement 518 040
Office Supplies 521 010
Postage 521 020
Telephone 535 040
Rent[Building] 537 010
Office Equipment Rental 537 030
Printing 533 030
ADMINISTRATIVE EXPENSES SUB-TOTAL
ADMINISTRATIVE EXPENSES PERCENT OF TOTAL COST =
SUPPORT SERVICES
Salaries 516 010
FICA 518 010
Health Insurance 518 050
Worker's Comp 518 060
Retirement 518 040
Electric 535 020
Gas[Utility] 535 010
Water/Waste Disposal 535 030
Rent[Building] 537 010
Custodial Services 539 220
Office Equipment Rental 537 030
Printing 533 030
Repairs 536 010
Fidelity Bond 538 210
Liability Insurance 534 020
Legal&Accounting 538 050
Private Auto Allowance- Local 532 130
Contractual Services 539 120
OPERATIONS
Rem/Mortgage/Utilities Payments 539 120
TOTAL
Contractors Certification: I certify that the costs incurred are taken from the books of account and that such costs are valid and consistent with the terms of the
NAME and TITLE OF AUTHORIZED OFFICER SIGNATURE and DATE
PREPARE ONE FORM FOR EACH SOURCE OF FUNDS
DISTRIBUTION:
1 Copy-Accounting
1 Copy-IAGM
1 Copy- Agency
2 IABGM FORM May 2003
ATTACHMENT 3
CITY OF FORT WORTH
INTERGOVERNMENTAL AFFAIRS AND GRANTS MANAGEMENT
CONTRACT MANAGEMENT DIVISION
EXPENDITURES WORKSHEET
AIDS Outreach
Agency Contract Number Date
Outreach 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 SIGNA'T'URE and DATE
DISTRIBUTION -
1 Copy-Accounting 1
J. :
1 Copy-IAGM
Copy-Agency IA*); RM 20k .7
~
3 ,�1�, .. .. ....:i .�...
HOPWA
ATTACHMENT 4A
CITY OF FORT WORTH
INTERGOVERNMENTAL AFFAIRS AND GRANTS MANAGEMENT
HOPWA
PROGRAM SERVICES AND TENANT-BASED RENTAL ASSISTANCE
1. NAME AND ADDRESS OF SUB-GRANTEE 2. PROJECT NAME:
3. CONTRACT No: Contract Date: June 1, 2004
4. DATE OF
REQUEST:
MONTH&YEAR
5. PROGRAM SERVICES AND ACTIVITIES
CURRENT
NtONTH CUMI I7,A=
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 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
ATTACHMENT 5
CITY OF FORT WORTH
INTERGOVERNMENTAL AFFAIRS AND GRANTS MANAGEMENT
1.Agency/Address 2.Project Name:
3.Contract No: Contract Date:
Contract Amount:
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 Nun:
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Page 1 of 3
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 6/8/2004
DATE: Tuesday, June 08, 2004
LOG NAME: 02ACTIVITY REFERENCE NO.: **C-20095
SUBJECT:
Community Development Block Grant Year XXX, Emergency Shelter Grant Year 2004-2005, and
Housing Opportunities for Persons with AIDS 2004-2005 Contract Activities
RECOMMENDATION:
It is recommended that the City Council:
Authorize the City Manager to execute Community Develoment Block Grant (CDBG) Year XXX,
Emergency Shelter Grant (ESG) Year 2004-2005 and Housing Opportunities for Person with AIDS
(HOPWA) Year 2004-2005, contracts with the following organizations to administer their respective
programs, contingent upon approval and receipt of adequate funding from the U.S. Department of Housing
and Urban Development (HUD), for a term beginning June 1, 2004, and ending May 31, 2005:
I. Community Development Block Grant (CDBG)
Contract with the listed agencies for an amount not to exceed the following.-
Southside
ollowing:Southside Area Ministries (SAM'S Kids) $ 4 ,610
Habitat for Humanity $14,762.00
REACH, Inc. $19,683.00
Centro Cultural de las Americas $27,540.00
Boys and Girls Clubs (NINOS) $19,829.00
Boys and Girls Club (KEYS) $18,266.00
JMAC Yough Center of Tarrant County $25,000.00
East Fort Worth Montessori $22,385.00
Latin Arts Associaton $17,250.00
Summerbridge Fort Worth $27,338.00
CJ's Studio of Perfuming Arts $9,000.00
Women's Center of Tarrant County $27,000.00
YWCA of Fort Worth (AIM) $20,986.00
YWCA of Fort Worth (Child Care) $150,000.00
Child Care Associates $130,000.00
Fort Worth Housing Authority (AMAKA) $30,000.00
YMCA $120,375.00
Clayton Child Care $60,000.00
Southside Area Ministries (Mid South Seniors) $2,570.00
Senior Citizen Services of Tarrant County (COMO) $17,597.00
http://www.cfwnet.orq/council_pack et/Reports/mc_print.asp 6/14/2004
Page 2 of 3
Meals on Wheels $33,696.00
Senior Citizen Services of Tarrant County (RIVERSIDE) $15,271.00
Mental Health Association (OMBUDSMAN) $17,500.00
Mental Health Associsbon (Advocate) $24,750.00
Northside Inter-Church Agency $28,933.00
Southside Area Ministries (Adult ESL) $3,500.00
Day Resource Center $30,000.00
Presbyterian Night Shelter (Bottle Deposit) $30,000.00
Job, Inc. $73,198.00
Fort Worth SER $72,224.00
A-PREP Center of Tarrant County $71,745.00
Fort Worth Economic Development Corp. (RLF) $51,908.00
TOTAL CDBG $1,216,916.00
II. Emergency Shelter Grant (ESG)
YWCA (Supportive Living) $13,500.00
Cornerstone Assistance Network $13,568.00
Presbyterian Night Shelter (Shelter) $151,308.00
Bridge Emergency Youth Services $7,082.00
Women's Haven of Tarrant County, Inc. $21,683.00
Presbyterian Night Shelter (Infirmary) $15,040.00
MHMR of Tarrant County $16,117.00
YWCA(My Own Place) $19,794.00
TOTAL ESG $258,092.00
III. Housing Opportunities for Persons with HIV/AIDS (HOPWA)
AIDS Outreach Center, Inc. $462,620.00
Tarrant County Samaritan Housing, Inc. $242,539.00
AIDS Resources of Rural Texas $104,791.00
TOTAL HOPWA $809,950.00
DISCUSSION:
On April 6, 2004, the City Council approved and adopted the budgets and the appropriation ordinance
increasing estimated receipts and appropriations for the Thirtieth (30th) Year Community Development
Block Grant (CDBG), (2004-2005), Emergency Shelter Grant (ESG), and (2004-2005) Housing
Opportunities for Persons with AIDS (HOPWA), grant funds as part of the City's Consolidated Action Plan.
The Consolidated Action Plan, as adopted by the City Council, included program descriptions for each of
the above funded programs.
The above programs are consistent with the City's approved priorities and the City Council's prior policies
and meet the requirements of the Department of Housing and Urban Development (HUD) regulations
conceming eligible "activities."
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 6/14/2004
Page 3 of 3
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds will be available in the current operating budget, as appropriated,
of the Grants Fund contingent upon approval and receipt of adequate funding from the U.S. Department of
Housing and Urban Development (HUD) for the term beginning June 1, 2004, and ending May 31, 2005.
TO Fund/Account/Centers FROM Fund/Account/Centers
GR76 5
_(VARIOUS) XXX206931XXX $258,092.00
GR76 5 $809,950.00
(VARIOUS) XXX206932XXX
GR76 5 $1,216,916.00
(VARIOUS) XXX206929XXX
Submitted-for City Manager's Office by. Charles Boswell (8511)
Originating Department Head: Bridgette Garrett (6183)
Additional Information Contact: Deidra Emerson (7563)
http://www.cfwnet.orq/council_packet/Reports/mc_print.asp 6/14/2004