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HomeMy WebLinkAboutContract 56657CDBG RED BUS CONTRACT 2021 1 Tarrant Area Food Bank STATE OF TEXAS § § COUNTY OF TARRANT § This contract (“Contract”) is made and entered into by and between the City of Fort Worth (hereafter “City”) and Tarrant Area Food Bank (hereafter “Agency”), a Texas non-profit corporation. City and Agency may be referred to individually as a “Party” and jointly as “the Parties”. The Parties state as follows: WHEREAS, City receives grant monies from the United States Department of Housi ng and Urban Development (HUD) through the Community Development Block Grant (“CDBG”) Program, Program No. B-20-MW-48-0010, Catalog of Federal Domestic Assistance No. 14.218; keep WHEREAS, the CDBG regulations and related HUD guidance publications establish all requirements for the use of CDBG funds; WHEREAS, a national objective of the CDBG program is to benefit low and moderate income citizens in accordance with 24 CFR Part 570, as amended from time to time; WHEREAS, Agency submitted a proposal and was selected to use CDBG funds to provide eligible public services to individuals and families, and low- and moderate-income target areas where 51% of the population is low and moderate income; WHEREAS, Agency will address food deserts in the city of Fort Worth by providing mobile food bank and benefits enrollment services in neighborhoods where 51% of the population is low and moderate income; WHEREAS, City citizens, the Community Development Council, and the Cit y Council have determined that this program is needed by the City’s citizens to respond to the impact of the Coronavirus Pandemic. NOW, THEREFORE, the Parties understand and agree as follows: 1.INCORPORATION OF RECITALS. City and Agency hereby agree that the recitals set forth above are true and correct and form the basis upon which the Parties have entered into this Contract. 2.DEFINITIONS. In addition to terms defined in the body of this Contract, the terms set forth below shall have the definitions ascribed to them as follows: CSC No. 56657 CDBG RED BUS CONTRACT 2021 2 Tarrant Area Food Bank Area Median Income or AMI means the median family income for the Fort Worth-Arlington metropolitan statistical area as established annually by HUD. Business Diversity Enterprise Ordinance or BDE means the City’s Business Diversity Ordinance, Ordinance No. 20020-12-2011. CDBG means Community Development Block Grant. Complete Documentation means the following documentation as applicable: • Attachments I, II, and III, with supporting documentation including: o Proof of expense: copies of timesheets, invoices, leases, service contracts or other documentation showing that payment is due by Agency. o Proof of payment: cancelled checks, bank statements, or wire transfers necessary to demonstrate that amounts due by Agency were actually paid by Agency. o Monthly Performance Report as further described in section 6.1.1 • Complete Documentation shall meet the standards described in the attached EXHIBIT “E” - Standards for Complete Documentation. • Any other document or record reasonably necessary to verify costs spent and CDBG eligibility for the Program. CDBG Funds means the CDBG grant funds supplied by City to Agency under the terms of this Contract. CDBG Regulations means regulations found at 24 CFR Part 570 et seq. DBE means disadvantaged business enterprise in accordance with 49 CFR Part 26. Director means the Director of the Neighborhood Services Department, or their designee. Effective Date means June 1, 2021. HUD means the United States Department of Housing and Urban Development. IDIS means Integrated Disbursement Information System, HUD’s project tracking system. Income Eligible Client means a client whose annual income adjusted for family size does not exceed 80% of AMI using the most current HUD Income Guidelines and Technical Guidance for Determining Income and Allowances. The definition of annual income to determine client income eligibility shall be the definition contained in 24 CFR Part 5.609, as amended from time to time. National Objective means an activity that benefits low- and moderate-income persons. For the purposes of this Contract, at least 51 % of the clients served by the Program must be Income Eligible Clients. CDBG RED BUS CONTRACT 2021 3 Tarrant Area Food Bank Neighborhood Services Department means the City’s Neighborhood Services Department. OMB means the Office of Management and Budget. Program means the services described in EXHIBIT “A” – Program Summary. Program Service Area means areas identified on Maps attached as Exhibit A-1, which show areas in the city of Fort Worth, which contain 51% low- and moderate-income population. Maps for Exhibit A-1 may be revised as required by any HUD update of low and moderate areas based on 2020 Census data tabulations. City will notify agency of any such map revisions. Reimbursement Request means all reports and other documentation described in Section 9. 3. TERM. The term of this Contract begins on the Effective Date and terminates thirty-six (36) months following the date of Contract execution unless earlier terminated as provided in this Contract. 4. DUTIES AND RESPONSIBILITIES OF CITY. 4.1 Provide CDBG Funds. City shall provide up to $428,640.00 of CDBG Funds under the terms and conditions of this Contract. 4.2 Monitor. City will monitor the activities and performance of Agency and any of its contractors, subcontractors or vendors as necessary, but no less than annually. Monitoring by City will include determining whether Agency is meeting the National Objective during the term of this Contract. 5. DUTIES AND RESPONSIBILITIES OF AGENCY. 5.1 Required Services. Agency shall perform the services described in EXHIBIT “A” – Program Summary in accordance with the terms and conditions of this Contract. 5.2 Use of CDBG Funds. 5.2.1. Compliance with CDBG Regulations and Contract. Agency shall be reimbursed for eligible Program costs with CDBG Funds only if City determines in its sole discretion that: 5.2.1.1 Costs are eligible expenditures in accordance with CDBG Regulations. 5.2.1.2 Costs are in compliance with this Contract and are reasonable and consistent with industry norms. CDBG RED BUS CONTRACT 2021 4 Tarrant Area Food Bank 5.2.1.3 Complete Documentation, as applicable, is submitted to City by Agency. 5.2.1.3 Costs are in compliance with HUD guidance regarding use of CDBG funds 5.2.2 Budget. 5.2.2.1 The CDBG Funds will be paid on a reimbursement basis in accordance with EXHIBIT “B” - Budget. 5.2.2.2 During the term of this Contract, Agency may submit written requests to increase or decrease line-item amounts in the Budget, including an explanation of why such increases or decreases are necessary. All requests shall be approved by Director or Director’s designee in writing, with such approval being in the City’s sole discretion. If the Agency’s proposed Budget amendment is approved (as approved, the “Amended Budget”), then the Amended Budget shall be memorialized in a written amendment to this Contract. The Amended Budget will take effect on the first day of the month following the month in which the Contract amendment is executed, unless otherwise specified in the amendment. All requests for Budget amendments must be submitted no later than 90 days prior to the date of the end of the term of this Contract. 5.2.3 Change in Program Budget. 5.2.3.1 Agency will notify City promptly of any additional funds it receives for operation of the Program, and City reserves the right to amend this Contract in such instances to ensure compliance with HUD regulations governing cost allocation. 5.2.3.2 Agency agrees to utilize the CDBG Funds to supplement rather than supplant funds otherwise available for the Program. 5.2.4 Payment of CDBG Funds to Agency. CDBG Funds will be disbursed to Agency upon City’s approval of Reimbursement Requests including submission of Complete Documentation to City in compliance with Section 9. If Agency expends all funds budgeted for the Program prior to completion of 90% of performance goals, City may hold back a small amount of the CDBG Funds until the end of the term to ensure completion of all performance goals. During this interim period, Agency must continue to submit Attachment III – Client Data Report and Attachment IIIa: Monthly Performance Report with EXHIBIT “D” – Reimbursement Forms monthly. It is expressly agreed by the Parties that any CDBG Funds not spent or approved for reimbursement to Agency shall remain with City. CDBG RED BUS CONTRACT 2021 5 Tarrant Area Food Bank 5.3 Program Performance Milestones. 5.3.1 Agency represents that the Program will achieve the following milestones in accordance with EXHIBIT “A” – Program Summary and the table below: Month Expenditures Unduplicated Clients as specified in EXHIBIT “A” – Program Summary Available Days 3 5% 5% 27 6 10% 10% 54 9 20% 20% 81 12 30% 30% 108 15 40% 40% 135 18 50% 50% 162 21 60% 60% 189 24 70% 70% 216 27 80% 80% 243 30 90% 90% 270 33 95% 95% 297 36 100% 100% 324 5.3.2 Failure of Agency to meet these milestones or a material deviation from them as outlined in this Section 5.3 is a breach of this Contract. For the purpose of this Section, “material deviation” shall mean more than 10% lower than the specified goal. In the event of such breach, City reserves the right in its sole option to (i) delay or withhold payment of Reimbursement Requests, (ii) lower Agency’s allocation of CDBG Funds, or (iii) terminate this Contract. 5.3.3 Failure to meet at least 80% of its performance milestones or provide Program services for a quarterly average of nine days per month under this Contract may, in City’s sole discretion, disqualify Agency for consideration under future City Requests for Proposals for federal grant funds. 5.3.4 Amendments to performance milestones regarding CDBG Funds must be approved by the Director in writing, with such approval being in the Director’s sole discretion. If Director approves the Agency’s proposed amended performance milestones (as approved, the “Amended Performance Milestones”), then the Amended Performance Milestones shall be memorialized in a written amendment to this Contract. The Amended Performance Milestones will take effect on the first day of the month following the month in which the Contract Amendment is executed unless otherwise specified in the amendment. All requests for amendments to performance milestones must be submitted by six months prior to the date of the end of the term of this Contract. . Notwithstanding the above, any amendments to this Contract shall not reduce the number of Unduplicated Clients stated in Section 5.3.3 and in EXHIBIT “A” - Program Summary. 5.4 Identify Program Expenses Paid with CDBG Funds. Agency will keep accounts and records in such a manner that City may readily identify and account for Program expenses reimbursed with CDBG Funds. These records shall be made CDBG RED BUS CONTRACT 2021 6 Tarrant Area Food Bank available to City for audit purposes and shall be retained as required hereunder. 5.5 Meet National Objective. Agency shall ensure that the activities carried out in the Program will meet the National Objective by serving at least 51% low- and moderate-income residents and by serving the designated geographic targeted areas as provided on Exhibit A-1 on a continuous basis throughout the term of the contract. 5.6 Program Subcontracts. Agency shall not enter into a subcontract with another agency, contractor, or vendor to provide a service to clients for any part of the Program that will be paid with CDBG Funds without City’s written consent. PROGRAM PERFORMANCE REPORTING. 6.1 Client Services. Agency will document extent of client services and program performance as follows: 6.1.1 Monthly Report Form: CDBG Eligibility. Agency must verify all new clients’ income with either a verifiable self-certification of income such as the City’s Certification of Income Statement attached as EXHIBIT “E” – Form of Income Self-Certification or a similar form approved by City, or Source Documentation. Agency must use the annual income definition in 24 CFR Part 5.609 to establish client income and must use the most current HUD Income Guidelines. The income of all Program clients must be documented and at least 51% of them must be Income Eligible Clients. 6.1.1.1 If Agency serves both Fort Worth and non-Fort Worth clients, the proportion of Program costs allocated to the CDBG-funded portion of the Program Budget must be consistent with the proportion of Fort Worth clients to all clients. 6.1.1.2 All Program clients must be reported on EXHIBIT “D” – Reimbursement Forms, Attachment III. All Program clients whose income has not been verified will be deemed to not be Income Eligible Clients and shall not be included in the 51%. 6.1.2 Verification of Program Eligibility. 6.1.2.1 At the end of each quarter during the Contract term, Agency shall verify CDBG Program Eligibility by confirming that at least 51% of clients served by the Program to date are Income Eligible Clients as reported on Attachment III. CDBG RED BUS CONTRACT 2021 7 Tarrant Area Food Bank 6.1.2.2 If Agency fails to verify Program eligibility on a quarterly basis in compliance with this Section, Agency will have 30 calendar days or until the next monthly invoice to cure. 6.1.2.3 City will notify Agency by e-mail within 14 calendar days if the Program performance milestones were not met within the requirements outlined in this Section 6.1.2.2. Agency will have an additional 7 calendar days from the date of the e-mail notice to meet these requirements. 6.1.2.4 In the event the Agency fails to meet the Program performance milestones, City reserves the right in its sole option to delay or withhold payment of Reimbursement Requests, to lower Agency’s allocation of CDBG Funds, or to terminate this Contract. 6.1.2 Monthly Report Form: Program Target Areas Agency must maintain a record of all locations visited each month including locations within the Program Service Area, and a record of and numbers of persons served by the Program and must report monthly on the form attached as Attachment IIIa– Performance Report or a similar form approved by City. Agency must maintain detailed records of client applications, client attendance and vehicle mileage for city inspection during monitoring visits. In addition, Agency must provide further documentation as may be requested by City to support pay requests. 6.2 Monthly Performance Goals. On average agency will provide 170 households per month with food with the Program and will also obtain applications for TANF, WIC, and similar food programs from 100 households per month. 6.3 Maintain Documentation. Agency must maintain copies of supporting documentation for all performance records required by this Section 6 for 5 years following the expiration of the Contract term. This Section shall survive the earlier termination or expiration of this Contract. 7. ADDITIONAL CDBG REQUIREMENTS. Agency agrees to comply with all requirements of the CDBG Program as stated in the CDBG Regulations, as well as any further requirements established by HUD regarding CDBG funds upon receiving notification of such additional requirements from City, including but not limited to the following: 7.1 Environmental Review. CDBG Funds will not be paid, and costs cannot be incurred until City has conducted an environmental review and completed an Environmental Review Record as required by 24 CFR Part 58. The environmental review may result in a decision to proceed with, modify, or cancel the CDBG RED BUS CONTRACT 2021 8 Tarrant Area Food Bank funding for the Program. Further, Agency will not undertake or commit any funds to physical or choice limiting actions as described in any applicable federal regulations. Any violation of this provision will (i) cause this Contract to terminate immediately, and (ii) require Agency to repay City the CDBG Funds it has already received and forfeit any future payments of CDBG Funds. 7.2 Contract Not Constituting Commitment of Funds. Notwithstanding any provision of this Contract, the Parties agree and acknowledge that this Contract does not constitute a commitment of funds, and that such commitment of funds or approval may occur only upon (i) satisfactory completion of an environmental review, (ii) approval of any applicable Substantial Amendments to the 2019-2020 Action Plan regarding CARES Act grant funds, and (iii) receipt by City of a grant agreement from HUD. 7.3 Monitoring. 7.3.1 Agency understands and agrees that it will be subject to monitoring by City for compliance with terms and provisions of this Contract, compliance with the CARES Act, and the CDBG Regulations for the term of this Contract. Agency is subject to such monitoring during the term of this Contract and for 5 years after the Contract term ends. Agency will provide reports and access to Program files as requested by City during this 5 year period. For purposes of this Contract, this 5-year period for monitoring is deemed to begin on the date after the final date of the full contract term including any extensions in term, and end on the date five full years after that date. 7.3.2 Representatives of City, HUD, HUD Office of Inspector General, and the United States Comptroller General shall have access during regular business hours, upon 48 hours prior notice, to Agency’s offices and records pertaining to the use of the CDBG Funds, and to Agency’s officers, directors, agents, employees, contractors, subcontractors and vendors for the purpose of such monitoring. 7.3.3 In addition to other provisions of this Contract regarding frequency of monitoring, City reserves the right to perform desk reviews or on-site monitoring of Agency’s compliance with the terms and conditions of this Contract. City shall provide Agency with a written report of the monitor’s findings after each monitoring visit. If the monitoring report notes deficiencies in Agency’s performance, the report shall include requirements for the timely correction of said deficiencies by Agency. Failure by Agency to take t he action specified in the monitoring report may be cause for suspension or termination of this Contract as provided herein. 7.3.4 Subsections 7.3.1 through 7.3.3 shall be applicable for the Contract Term and for 5 years thereafter and shall survive the earlier termination or expiration of this Contract. 7.3.5 Agency shall provide City annually the results of any state or fed eral monitoring. Such results shall be submitted within 60 days of receipt of such state or federal monitoring report during the term of this Contract. 7.4 Agency Procurement Standards. Agency shall comply with all applicable federal, state and local laws, regulations, and CDBG RED BUS CONTRACT 2021 9 Tarrant Area Food Bank ordinances for making procurements under this Contract. In addition to the conflict of interest provisions in Section 14.13.3, Agency shall establish written procurement procedures to ensure that materials and services are obtained in a cost effective manner and provide for full and open competition. When procuring materials and services for this Contract, Agency shall comply at a minimum with the procurement standards in 2 CFR Part 200.317 through Part 200.326. 7.4.1 Contracts in excess of $10,000.00 made by Agency using CDBG Funds must address termination for cause and convenience including the manner by which such termination shall be affected and the basis for settlement of the terminated contract, if any, as required by Appendix II (B), 2 CFR Part 200. 7.4.2 Agency shall not make any contract with parties listed on the government wide System for Award Management, www.sam.gov (“SAM”). Agency must confirm by search of SAM that all contractors paid with CDBG Funds are not listed by SAM as being debarred, both prior to hiring and prior to submitting a Reimbursement Request which includes invoices from any such contractor. Failure to submit such proofs of search shall be an event of default. 7.5 Cost Principles/Cost Reasonableness. Agency shall administer its use of CDBG Funds in compliance with 2 CFR Part 200, as applicable. The eligibility of costs incurred for performance rendered shall be determined in accordance with 2 CFR Part 200.400 through 2 CFR Part 200.475. 7.6 Financial Management Standards. Agency agrees to comply with 2 CFR Part 200, as applicable. Agency also agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary supporting and back-up documentation for all costs incurred in accordance with 2 CFR Part 200.302 and Part 200.303. 7.6.1 Prohibition of Duplication of Benefits Agency agrees to comply with Section 312 of the Stafford Disaster Relief and Emergency Assistance Act which prohibits the duplication of b enefits or financial assistance to people or entities affected by a Federally declared emergency. Agency agrees to establish and maintain adequate procedures to prevent any duplications of benefits with CDBG funds. 7.7 Uniform Administrative Requirements, Cost Principles, and Audit Requirements. Agency will comply with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards in 2 CFR Part 200, as applicable, or any reasonably equivalent procedures and requirements that City may require. 7.8 Terms Applicable to Contractors, Subcontractors and Vendors. Agency understands and agrees that all terms of this Contract, whether regulatory or otherwise, shall apply to any and all contractors, subcontractors and vendors of Agency which are in any way paid with CDBG Funds or who perform any work in connection with the Program. Agency shall cause all applicable provisions of this Contract to be included in and made a part of any contract or subcontract executed in the performance of its obligations hereunder including its CDBG RED BUS CONTRACT 2021 10 Tarrant Area Food Bank obligations regarding the CDBG Regulations. Agency shall monitor the services and work performed by its contractors, subcontractors and vendors on a regular basis for compliance with the CDBG Regulations and Contract provisions. Agency must cure all violations of the CDBG Regulations committed by its contractors, subcontractors or vendors. City maintains the right to insist on Agency’s full compliance with the terms of this Contract and the CDBG Regulations and Agency is responsible for such compliance regardless of whether actions taken to fulfill the requirements of this Contract are taken by Agency or by Agency’s contractors, subcontractors or vendors. Agency acknowledges that the provisions of this Section shall survive the earlier termination or expiration of this Contract and shall be applicable for 5 years after the Contract term ends. 7.9 Copyright and Patent Rights. No reports, maps, or other documents produced in whole or in part under this Contract shall be the subject of an application for copyright by or on behalf of Agency. HUD and City shall possess all rights to invention or discovery, as well as rights in data, which may arise as a result of Agency’s performance under this Contract. 7.10 Conflict of Interest Disclosure. In accordance with the requirements of Section 14.14.2.1 and 14.14.4, Agency shall establish conflict of interest policies for federal awards. Agency shall disclose to City in writing any potential conflict of interest. 7.11 Compliance with FFATA and Whistleblower Protections. Agency shall comply with the requirements of 2 CFR 300(b), including provisions of the Federal Funding Accountability and Transparency Act (“FFATA”) governing requirements on executive compensation and provisions governing whistleblower protections contained in 10 U.S.C. 2409, 41 U.S.C. 4712, 10 U.S.C. 2324, 41 U.S.C. 4304 and 41 U.S.C. 4310. 7.11.1 Agency shall provide City with its DUNS number. 7.12 Internal Controls. In compliance with the requirements of 2 CFR Part 200.303, Agency shall: 7.12.1 Establish and maintain effective internal control over the CDBG Funds that provides reasonable assurance that Agency is managing the CDBG Funds in compliance with federal statutes, regulations, and the terms and conditions of this Contract. These internal controls shall be in compliance with guidance in “Standards for Internal Control in the Federal Government” issued by the Comptroller General of the United States or the “Internal Control Integrated Framework” issued by the Committee of Sponsoring Organizations of the Treadway Commission (“COSO”); 7.12.2 Comply with federal statutes, regulations, and the terms and conditions of this Contract; 7.12.3 Evaluate and monitor Agency’s compliance with statutes, regulations and the terms and conditions of this Contract; CDBG RED BUS CONTRACT 2021 11 Tarrant Area Food Bank 7.12.4 Take prompt action when instances of noncompliance are identified including noncompliance identified in audit findings; and 7.12.5 Take reasonable measures to safeguard protected personally identifiable information and other information that HUD or City designates as sensitive or Agency considers sensitive consistent with applicable federal, state, local and tribal laws regarding privacy and obligations of confidentiality. 8. RECORD KEEPING; REPORTING AND DOCUMENTATION REQUIREMENTS; AUDIT. 8.1 Record Keeping. Agency shall maintain a record-keeping system as part of its performance of this Contract and shall promptly provide City with copies of any document City deems necessary for the effective fulfillment of City’s monitoring and evaluation responsibilities. Specifically, Agency will keep or cause to be kept an accurate record of all actions taken and all funds spent, with supporting and back-up documentation. Agency will maintain all records and documentation related to this Contract for 5 years after the Contract term ends. If any claim, litigation, or audit is initiated before the expiration of the 5 year period, the relevant records and documentation must be retained until all such claims, litigation or audits have been resolved. For purposes of this Contract, this 5-year period for record retention is deemed to begin on the date after the final date of the full contract term and end on the date five full years after that date regardless of whether or not this Contract is earlier terminated. 8.2 Access to Records. Representatives of City, HUD and any duly authorized officials of the federal government will have full access to, and the right to examine, audit, copy, excerpt and/or transcribe any of Agency’s records pertaining to all matters covered by this Contract for 5 years after the Contract term ends. Such access shall be during regular business hours and upon at least 48 hours prior notice. For purposes of this Contract, this 5 year period for access to records is deemed to begin on the date after the final date of the full eighteen month contract term and end on the date five full years after that date regardless of whether or not this Contract is earlier terminated. 8.3 Reports. Agency will submit to City all reports and documentation described in this Contract in such form as City may prescribe. Agency may also be required to submit a final performance and/or final financial report if required by City at the termination of this Contract in such form and within such times as City may prescribe. Failure to submit to City any report or documentation described in this Contract shall be an event of default of this Contract and City may exercise all of its remedies for default under this Contract. 8.3.1 Additional Information. Agency shall provide City with additional information as may be required by state or federal agencies to substantiate Program activities and/or expenditure eligibility. CDBG RED BUS CONTRACT 2021 12 Tarrant Area Food Bank 8.4 Change in Reporting Requirements and Forms. City retains the right to change reporting requirements and forms at its discretion. City will notify Agency in writing at least 15 days prior to the effective date of such change, and the Parties shall execute an amendment to the Contract reflecting such change if necessary. 8.5 Audit. 8.5.1 Entities that Expend $750,000 or more in Federal Funds Per Year. All non-federal entities that expend $750,000 or more in federal funds within 1 year, regardless of the source of the federal award, must submit to City an annual audit prepared in accordance with specific reference to 2 CFR Part 200.501 through Part 200.521. The audit shall cover the Agency’s fiscal years during which this Contract is in force. The audit must be prepared by an independent certified public accountant, be completed within 6 months following the end of the period being audited and be submitted to City within 30 days of its completion. Agency’s audit certification is attached hereto as EXHIBIT “C” – “Audit Certification Form” and “Audit Requirements”. The Audit Certification Form must be submitted to City prior to or with the first Reimbursement Request. Entities that expend less than $750,000 a year in federal funds are exempt from federal audit requirements for that year, but records must be available for review or audit by appropriate officials of the federal agency, City, and General Accounting Office. 8.5.2 City Reserves the Right to Audit. City reserves the right to perform an audit of Agency’s Program operations and finances at any time during the term of this Contract and for 5 years after the Contract term ends if City determines that such audit is necessary for City’s compliance with the CDBG Regulations or other City policies. Agency agrees to allow access to all pertinent materials as described herein for such audit. For purposes of this Contract, this 5 year period for City audit is deemed to begin on the date after the final date of the full eighteen month contract term and end on the date five full years after that date regardless of whether or not this Contract is earlier terminated. If such audit reveals a questioned practice or expenditure, such questions must be resolved within 15 business days after notice to Agency of such questioned practice or expenditure. If questions are not resolved within this period, City reserves the right to withhold further funding under this Contract and/or any other contracts with Agency. IF AS A RESULT OF ANY AUDIT IT IS DETERMINED THAT AGENCY HAS FALSIFIED ANY DOCUMENTATION OR MISUSED, MISAPPLIED OR MISAPPROPRIATED CDBG FUNDS OR SPENT CDBG FUNDS ON ANY INELIGIBLE ACTIVITIES, AGENCY AGREES TO REIMBURSE CITY THE AMOUNT OF SUCH MONIES PLUS THE AMOUNT OF ANY SANCTIONS, PENALTY OR OTHER CHARGE LEVIED AGAINST CITY BY HUD BECAUSE OF SUCH ACTIONS. 9. REIMBURSEMENT REQUIREMENTS. 9.1 Deadline for Submitting Reimbursement Requests. 9.1.1 Reimbursement Requests shall be submitted monthly to the City and must be received by the City on or before the 15th day of the month following the month expenses were paid by Agency. For example, the Reimbursement Request for June expenses must be received CDBG RED BUS CONTRACT 2021 13 Tarrant Area Food Bank by July 15. In the event the 15th falls on a weekend or City holiday, Reimbursement Requests shall be due the next day that the City is open for business. For expenses paid by Agency June 1, 2021 through October 31, 2021 exclusively, the Reimbursement Request must be received no later than December 31, 2021. Failure to submit a Reimbursement Request in a timely fashion will result in City taking the actions outlined in Section 10.1. 9.1.2 City will notify Agency by e-mail within 14 calendar days if a Reimbursement Request is lacking Complete Documentation or corrections are needed. Agency will have 7 calendar days from the date of the e-mail notice to submit any requested information or missing documentation. If Agency fails to submit all the required information or missing documentation within 7 calendar days from the first e-mail, Agency may, at the City’s sole discretion, forfeit any payments otherwise due that month and failure to submit any requested information may, at the City’s sole discretion, be considered an event of default as outlined in Section 10.1.2. 9.2 Submission of Reimbursement Requests. Agency shall provide City with Complete Documentation and the following reports as shown in EXHIBIT “D” –Reimbursement Forms with each Reimbursement Request: 9.2.1 Attachment I – Invoice. This report shall contain the amount requested for reimbursement each month or partial month, the cumulative reimbursement requested to date (inclusive of that month’s or partial month’s request). 9.2.2 Attachment II – Expenditure Worksheet. This report shall itemize each expense requested for reimbursement by Agency and shall include the Account corresponding the expense to a Budget line item. In order for this report to be complete the following must be submitted: 9.2.2.1 For payroll expenses, timesheets signed by employees and approved by supervisor for all payroll expenses listed. Timesheets must distinguish between CDBG-funded time and non-CDBG funded time and reflect actual time spent on CDBG-funded activities. Agency may not submit payroll expenses dated 60 calendar days prior to the date of the Reimbursement Request unless approved in writing in advance by City as authorized under the CARES Act. Payroll expenses dated June 1, 2021 through October 31, 2021 must be submitted for Reimbursement no later than December 31, 2021. 9.2.2.2 For non-payroll expenses, invoices for each expense listed with an explanation as to how the invoiced expense pertains to the Program. Agency may not submit invoices dated 60 calendar days prior to the date of the Reimbursement Request. Non-payroll expenses dated June 1, 2021 through October 31, 2021 must be submitted for Reimbursement no later than December 31, 2021. CDBG RED BUS CONTRACT 2021 14 Tarrant Area Food Bank 9.2.2.3 Proof that each expense was paid by Agency, which proof can be satisfied by cancelled checks, wire transfer documentation, paid receipts or other appropriate banking documentation. 9.2.3 Attachment III and IIIa – Client Data Report and Monthly Performance Report. The Client Data Report shall list each Unduplicated Client served during the month along with his or her demographic information. The Monthly Performance Report must maintain a list of all locations visited during each month of the Contract term. In order for the Client Data Report to be complete, the following must be submitted: 9.2.3.1 Documentation of income verification for each Unduplicated Client the first time the client is served by the Program, which will either be the completed form of EXHIBIT “E” - Form of Income Self Certification or similar form approved by City, or Source Documentation. 9.2.4 Delivery of Reimbursement Request. Reimbursement Requests must be submitted through required software system approved by City or in other manner required by City by the deadline(s) in Section 9.1.1. 9.3 Withholding Payment. Failure to timely submit accurate and complete Reimbursement Requests and Complete Documentation along with any required reports shall be an event of default. 10. DEFAULT AND TERMINATION. 10.1 Failure to Submit Reimbursement Request or Required Documentation. 10.1.1 If Agency fails to submit a Reimbursement Request in accordance with Section 9, Agency shall be in default of this Contract. City will notify Agency in writing of such default and the Agency will have 5 calendar days from the date of the written notice to submit such Reimbursement Request to cure the default. If Agency fails to cure the default within such time, Agency may, at the City’s sole discretion, forfeit any payments otherwise due that month. 10.1.2 If Agency fails to submit requested information or missing documentation as set forth in Section 9.1.2, then Agency shall forfeit payment due that month and the failure to submit shall be considered an event of default that shall not be cured. 10.1.3 In the event of (i) an uncured default under Section 10.1.1 or an event of default under 10.1.2 or (ii) more than 2 instances of default, cured or uncured, under these Sections, City reserves the right at its sole option to terminate this Contract effective im mediately upon written notice of such intent with no penalty or liability to City. 10.1.4 Notwithstanding anything to the contrary herein, City will not be required to pay any CDBG Funds to Agency during the period that any Reimbursement Request, report or documentation is past due or is not in compliance with this Contract or the CDBG Regulations, or during any period during which Agency is in default of this Contract. CDBG RED BUS CONTRACT 2021 15 Tarrant Area Food Bank 10.1.5 In the event of termination under this Section 10.1, all CDBG Funds awarded but unpaid to Agency pursuant to this Contract shall be immediately forfeited and Agency shall have no further right to such funds. 10.2 Failure to Maintain Records or Submit Reports and Documentation. If Agency fails to maintain all records and documentation as required in Section 8, or if the records maintained or reports submitted or documentation is not in compliance with this Contract or the CDBG Regulations as determined by City in its sole discretion, City will notify Agency in writing and Agency will have 30 calendar days from the date of the written request to obtain or recreate the missing records and documentation or submit or resubmit any such report or documentation to City. If Agency fails to maintain the required reports or documentation, or fails to submit or resubmit any such report or documentation within such time, City shall have the right to terminate this Contract effective immediately upon written notice of such intent with no penalty or liability to City. 10.2.1 In the event of termination under this Section 10.2, all CDBG Funds awarded but unpaid to Agency pursuant to this Contract shall be immediately forfeited and Agency shall have no further right to such funds, and any CDBG Funds paid to Agency must be repaid to City within 30 days of termination. If such CDBG Funds are not repaid to City within the 30-day period, City shall exercise all legal remedies available under this Contract. 10.3 In General. 10.3.1 Subject to Section 10.2, and unless specifically provided otherwise in this Contract, Agency shall be in default under this Contract if Agency breaches any term or condition of this Contract. In the event that such a breach remains uncured after 30 calendar days following written notice by City (or such other notice period as may be specified herein) or, if Agency has diligently and continuously attempted to cure following receipt of such written notice but reasonably requires more than 30 calendar days to cure, as determined by both Parties mutually and in good faith, City shall have the right to elect in City’s sole discretion to (i) extend Agency’s time to cure, (ii) terminate this Contract effective immediately upon written notice of such intent to Agency, or (iii) pursue any other legal remedies available to City under this Contract. 10.3.2 City’s remedies may include: 10.3.2.1 Direct Agency to prepare and follow a schedule of actions for carrying out the affected activities, consisting of schedules, timetables and milestones necessary to implement the affected activities. 10.3.2.2 Direct Agency to establish and follow a management plan that assigns responsibilities for carrying out the remedial activities. 10.3.2.3 Reprogram CDBG Funds that have not yet been expended from affected activities to other eligible activities or withhold CDBG Funds. CDBG RED BUS CONTRACT 2021 16 Tarrant Area Food Bank 10.3.2.4 Any other appropriate action including but not limited to any remedial action legally available such as declaratory judgment, specific performance, damages, temporary or permanent injunctions, termination of this Contract or any other contracts with Agency, and any other available remedies. 10.3.3 In the event of termination under this Section 10.3, all CDBG Funds awarded but unpaid to Agency pursuant to this Contract shall be immediately forfeited and Agency shall have no further right to such funds, and any CDBG Funds already paid to Agency must be repaid to City within 30 days of the termination. Failure to repay such CDBG Funds within the 30-day period will result in City exercising all legal remedies available under this Contract. 10.4 No Funds Disbursed while in Breach. Agency understands and agrees that no CDBG Funds will be paid to Agency until all defaults are cured to City’s satisfaction. 10.5 No Compensation After Date of Termination. Agency shall not receive any compensation for work undertaken after the date of the termination. 10.6 Rights of City Not Affected. Termination shall not affect or terminate any of the existing rights of City against Agency, or which may thereafter accrue because of Agency’s default and this provision shall be in addition to any and all other rights and remedies available to City under the law. Such termination does not terminate any provisions of this Contract that have been expressly noted as surviving the term or termination of the Contract. No delay or omission by City in exercising any right or remedy available to it under this Contract shall impair any such right or remedy or constitute a waiver or acquiescence in any Agency default. 10.7 Waiver of Breach Not Waiver of Subsequent Breach. The waiver of a default or breach of any term, covenant, or condition of this Contract shall not operate as a waiver of any subsequent default or breach of the same or any other term, covenant or condition hereof. 10.8 Civil, Criminal and Administrative Penalties. Failure to perform all the Contract terms may result in civil, criminal or administrative penalties, including, but not limited to those set out in this Contract. 10.9 Termination for Cause. 10.9.1 City may terminate this Contract in the event of Agency’s default, inability, or failure to perform subject to notice, grace and cure periods. In the event City terminates this Contract for cause, all CDBG Funds awarded but unpaid to Agency pursuant to this Contract shall be immediately rescinded and Agency shall have no further right to such funds and any CDBG Funds already paid to Agency must be repaid to City within 30 days of termination. Failure to CDBG RED BUS CONTRACT 2021 17 Tarrant Area Food Bank repay such CDBG Funds within 30 days will result in City exercising all legal remedies available to City under this Contract. AGENCY ACKNOWLEDGES AND AGREES THAT IF CITY TERMINATES THIS CONTRACT FOR CAUSE, AGENCY OR ANY AFFILIATES OF AGENCY SHALL NOT BE CONSIDERED FOR ANY OTHER CITY CONTRACT FOR CDBG FOR A MINIMUM OF 5 YEARS FROM THE DATE OF TERMINATION. 10.9.2 Agency may terminate this Contract if City does not provide the CDBG Funds substantially in accordance with this Contract. 10.10 Termination for Convenience. In terminating in accordance with 2 CFR Part 200, Appendix II, this Contract may be terminated in whole or in part only as follows: 10.10.1 By City with the consent of Agency in which case the Parties shall agree upon the termination conditions, including the effective date and in the case of partial termination, the portion to be terminated; or 10.10.2 By Agency upon at least 30 days written notification to City, setting forth the reasons for such termination, the effective date, and in the case of partial termination, the portion to be terminated. In the case of a partial termination, City may terminate the Contract in its entirety if City determines in its sole discretion that the remaining portion of the Contract to be performed or CDBG Funds to be spent will not accomplish the purposes for which the Contract was made. 10.10.3 Non-Appropriation of Funds. In the event no funds or insufficient funds are appropriated by City in any fiscal period for any payments due hereunder, City will notify Agency of such occurrence and this Agreement will terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds have been appropriated. 10.11 Dissolution of Agency Terminates Contract. This Contract shall terminate in the event Agency is dissolved or ceases to exist. In the event of termination under this Section, all CDBG Funds are subject to repayment and/or City may exercise all of its remedies under this Contract. 10.12 Reversion of Assets. In the event this Contract is terminated with or without cause, all assets acquired by Agency with the CDBG Funds including cash, interest payments from loans or otherwise, all outstanding notes, mortgages or other security instruments, any accounts receivable attributable to the use of the CDBG Funds, and any real or personal property owned by Agency that was improved with the CDBG Funds shall automatically transfer to City or to such assignee as City may designate. 11. REPAYMENT OF CDBG FUNDS. All CDBG Funds are subject to repayment in the event the Program does not meet the requirements of this Contract or in the CDBG Regulations. If Agency takes any action that CDBG RED BUS CONTRACT 2021 18 Tarrant Area Food Bank results in the City being required to repay all or any portion of the CDBG Funds to HUD, Agency agrees it will reimburse City for such repayment. If Agency takes any action that results in City receiving a finding from HUD about the Program, whether or not repayment of all or any portion of the CDBG Funds is required of City, Agency agrees City may require that 10% of the CDBG Funds be repaid to City as liquidated damages. The Parties agree that City’s damages in the event of either repayment to HUD being required or receiving a finding from HUD are uncertain and would be difficult to ascertain and may include an impact on City’s CDBG grant or other federal grant funds, in addition to the finding by HUD or a required repayment of funds to HUD by City. Therefore, the Parties agree that payment under this Section of 10% of the CDBG Funds by Agency to City is liquidated damages and not a penalty. 12. CHANGE IN NON-PROFIT STATUS. Agency must provide City with written notification of any changes to its non-profit status within 15 calendar days of being notified of the change. Regardless of notice by Agency, if the non-profit status of Agency changes after the date of this Contract, City may but is not obligated to, terminate this Contract. In the event of termination under this Section 12, all CDBG Funds awarded but not yet paid to Agency pursuant to this Contract shall be immediately rescinded and Agency shall have no further right to such funds. City, in its sole discretion, may require that any CDBG Funds already paid to Agency must be repaid to City within 30 calendar days of termination under this Section. 13. SURVIVAL. Any provision of this Contract that pertains to auditing, monitoring, client income eligibility, record keeping and reports, City ordinances, or applicable CDBG requirements, and any default and enforcement provisions necessary to enforce such provisions, shall survive the termination of this Contract for 5 years after the Contract term ends and shall be enforceable by City against Agency. For purposes of this Contract, this 5 year period for survival of certain Contract provisions is deemed to begin on the date after the final date of the full eighteen month contract term and end on the date five full years after that date regardless of whether or not this Contract is earlier terminated. 14. GENERAL PROVISIONS 14.1 Agency an Independent Contractor. Agency shall operate hereunder as an independent contractor and not as an officer, agent, servant or employee of City. Agency 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, contractors, subcontractors, vendors, clients, licensees or invitees. 14.2 Doctrine of Respondeat Superior. The doctrine of respondeat superior shall not apply as between City and Agency, or its officers, members, agents, servants, employees, contractors, subcontractors, vendors, clients, licensees or invitees, and nothing herein shall be construed as creating a partnership or joint CDBG RED BUS CONTRACT 2021 19 Tarrant Area Food Bank enterprise between City and Agency. City does not have the legal right to control the details of the tasks performed hereunder by Agency, its officers, members, agents, employees, contractors, subcontractors, vendors, clients, licensees or invitees. 14.3 Agency Property. City shall under no circumstances be responsible for any property belonging to Agency, or its officers, members, agents, employees, contractors, subcontractors, vendors, clients, licensees or invitees that may be lost, stolen or destroyed or in any way damaged and AGENCY HEREBY INDEMNIFIES AND HOLDS HARMLESS CITY AND ITS OFFICERS, AGENTS, AND EMPLOYEES FROM ANY AND ALL CLAIMS OR SUITS PERTAINING TO OR CONNECTED WITH SUCH PROPERTY. 14.5 Religious Organization. Agency shall comply with all applicable requirements as more particularly described in 24 CFR Part 5.109. No portion of the CDBG Funds shall be used in support of any sectarian or religious activity. In addition, there must be no religious or membership criteria for clients of a CDBG-funded service. 14.5.1. Separation of Explicitly Religious Activities. Agency retains its independence and may continue to carry out its mission, including the definition, development practice, and expression of its religious beliefs, provided that it does not use CDBG Funds to support or engage in any explicitly religious activities (including activities that involve overt religious content such as worship, religious instruction, or proselytization), or in any other manner prohibited by law. 14.5.2 Explicitly Religious Activities. If Agency engages in explicitly religious activities (including activities that involve overt religious content such as worship, religious instruction, or proselytization), the explicitly religious activities must be offered separately, in time or location, from the programs or activities supported by CDBG Funds and participation must be voluntary for clients of a CDBG-funded service. 14.5.3 Required Notices. If Agency constitutes a Faith-based organization under 24 CFR Part 5.109, Agency must provide all clients of a CDBG-funded service with Notice of Beneficiary Rights in accordance with federal requirements. Such notice shall be provided to the client prior to enrollment in any CDBG-funded program or activity. In addition, if a client or prospective client of a CDBG-funded service objects to the religious character of Agency, then Agency must promptly undertake reasonable efforts to identify and refer the client or prospective client to an alternate provider to which the client or prospective client has no such objection, as more particularly described in 24 CFR Part 5.109. 14.6 Venue. Venue shall lie in Tarrant County, Texas for any action, whether real or asserted, at law or in equity, arising out of the execution, performance, attempted performance or non-performance of this Contract. CDBG RED BUS CONTRACT 2021 20 Tarrant Area Food Bank 14.7 Governing Law. This Contract shall be governed by and construed in accordance with the laws of the State of Texas. If any action, whether real or asserted, at law or in equity, arises out of the execution, performance or non-performance of this Contract or on the basis of any provision herein, for any issue not governed by federal law, the choice of law shall be the laws of the State of Texas. 14.8 Severability. The provisions of this Contract are severable, and if for any reason a clause, sentence, paragraph or other part of this Contract shall be determined to be invalid by a court or federal or state agency, board or commission having jurisdiction over the subject matter thereof, such invalidity shall not affect other provisions which can be given effect without the invalid provision. 14.9 Written Agreement Entire Contract. This written instrument and the Exhibits, Attachments, and Addendums attached hereto, which are incorporated by reference and made a part of this Contract for all purposes, constitute the entire agreement by the Parties concerning the work and services to be performed under this Contract. Any prior or contemporaneous oral or written agreement which purports to vary the terms of this Contract shall be void. Any amendments to the terms of this Contract must be in writing and executed by the Parties. 14.10 Paragraph Headings for Reference Only, No Legal Significance; Number and Gender. The paragraph headings contained herein are for convenience in reference to this Contract and are not intended to define or to limit the scope of any provision of this Contract. When context requires, singular nouns and pronouns include the plural and the masculine gender shall be deemed to include the feminine or neuter and the neuter gender to include the masculine and feminine. The words “include” and “including” whenever used herein shall be deemed to be followed by the words “without limitation”. 14.11 Compliance With All Applicable Laws and Regulations. Agency agrees to comply fully with all applicable laws and regulations that are currently in effect or that are hereafter amended during the performance of this Contract. Those laws include, but are not limited to: ➢ CDBG Regulations found in 24 CFR Part 570 ➢ Coronavirus Aid, Relief, and Economic Security Act of 2020 ➢ Title I of the Housing and Community Development Act of 1974, as amended, (42 USC 5301) ➢ Title VI of the Civil Rights Act of 1964 (42 U.S.C. Sections 2000d et seq.) including provisions requiring recipients of federal assistance to ensure meaningful access by persons of limited English proficiency ➢ The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. Sections 3601 et seq.) ➢ Executive Orders 11063, 11246 as amended by 11375 and 12086 and as supplemented by Department of Labor regulations 41 CFR Part 60 CDBG RED BUS CONTRACT 2021 21 Tarrant Area Food Bank ➢ The Age Discrimination in Employment Act of 1967 ➢ The Age Discrimination Act of 1975 (42 U.S.C. Sections 6101 et seq.) ➢ The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. Sections 4601 et seq. and 49 CFR Part 24) (“URA”) ➢ Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. Sections 794 et seq.) and 24 CFR Part 8 where applicable ➢ National Environmental Policy Act of 1969, as amended, 42 U.S.C. Sections 4321 et seq. (“NEPA”) and the related authorities listed in 24 CFR Part 58. ➢ The Clean Air Act, as amended, (42 U.S.C. Sections 1251 et seq.) and the Clean Water Act of 1977, as amended (33 U.S.C. Sections 1251 et seq.) and the related Executive Order 11738. In no event shall any amount of the assistance provided under this Contract be utilized with respect to a facility that has given rise to a conviction under the Clean Air Act or the Clean Water Act. ➢ Immigration Reform and Control Act of 1986 (8 U.S.C. Sections 1101 et seq.) specifically including the provisions requiring employer verifications of legal status of its employees ➢ The Americans with Disabilities Act of 1990 (42 U.S.C. Sections 12101 et seq.), the Architectural Barriers Act of 1968 as amended (42 U.S.C. Sections 4151 et seq.) and the Uniform Federal Accessibility Standards, 24 CFR Part 40, Appendix A ➢ Regulations at 24 CFR Part 87 related to lobbying, including the requirement that certifications and disclosures be obtained from all covered persons ➢ Drug Free Workplace Act of 1988 (41 U.S.C. Sections 701 et seq.) and 24 CFR Part 23, Subpart F ➢ Executive Order 12549 and 24 CFR Part 5.105(c) pertaining to restrictions on participation by ineligible, debarred or suspended persons or entities ➢ Section 6002 of the Solid Waste Disposal Act, as amended b y the Resource Conservation and Recovery Act ➢ Guidelines of the Environmental Protection Agency at 40 CFR Part 247 ➢ For contracts and subgrants for construction or repair, Copeland “Anti-Kickback” act (18 U.S.C. 874) as supplemented in 29 CFR Part 5 ➢ For construction contracts awarded by Agency in excess of $2,000, and in excess of $2,500 for other contracts which involve the employment of mechanics or laborers, Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327A 300) as supplemented by 29 CFR Part 5 ➢ Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et seq.), as amended by the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851 et seq.) and implementing regulations at 24 CFR Part 35, subparts A, B, M, and R ➢ Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 CFR Part 200 et seq. ➢ Federal Funding Accountability and Transparency Act of 2006 (“FFATA”) (Pub.L. 109-282, as amended by Section 6205(a) of Pub.L. 110-252 and Section 3 of Pub.L. 113-101) ➢ Federal Whistleblower Regulations, as contained in 10 U.S.C. 2409, 41 U.S.C. 4712, 10 U.S.C. 2324, 41 U.S.C. 4304 and 41 U.S.C. 4310. CDBG RED BUS CONTRACT 2021 22 Tarrant Area Food Bank 14.13 Prohibition Against Discrimination. 14.13.1 General Statement. Agency shall comply in the execution, performance or attempted performance of this Contract, with all non-discrimination requirements of 24 CFR Part 570.607 and Chapter 17, Article III, Division 4 – Fair Housing of the City Code. Agency may not discriminate against any person because of race, color, sex, gender, religion, national origin, familial status, disability or perceived disability, sexual orientation, gender identity, gender expression, or transgender, nor will Agency permit its officers, members, agents, employees, or clients to engage in such discrimination. This Contract is made and entered into with reference specifically to Chapter 17, Article III, Division 3 - Employment Practices of the City Code, and Agency hereby covenants and agrees that Agency, its officers, members, agents, employees and contractors, have fully complied with all provisions of same and that no employee, or applicant for employment has been discriminated against under the terms of such ordinances by either or its officers, members, agents, employees or contractors. 14.13.2 No Discrimination in Employment during the Performance of This Contract. During the performance of this Contract Agency agrees to the following provision, and will require that its contractors and subcontractors also comply with such provision by including it in all contracts with its contractors: [Contractor’s, Subcontractor’s or Vendor’s name] will not unlawfully discriminate against any employee or applicants for employment because of race, color, sex, gender, religion, national origin, familial status, disability or perceived disability, sexual orientation, gender identity, gender expression or transgender. [Contractor’s, Subcontractor’s or Vendor’s name] will take affirmative action to ensure that applicants are hired without regard to race, color, sex, gender, religion, national origin, familial status, disability or perceived disability, sexual orientation, gender identity, gender expression or transgender and that employees are treated fairly during employment without regard to their race, color, sex, gender, religion, national origin, familial status, disability or perceived disability, sexual orientation, gender identity, gender expression or transgender. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. [Contractor’s, Subcontractor’s or Vendor’s name] agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. [Contractor’s, Subcontractor’s or Vendor’s name] will, in all solicitations or advertisements for employees placed by or on behalf of [Contractor’s, Subcontractor’s or Vendor’s name], state that all qualified applicants will receive consideration for employment without regard to race, color, sex, gender, religion, national origin, familial status, disability or perceived disability, sexual orientation, gender identity, gender expression or transgender. [Contractor’s, Subcontractor’s or Vendor’s name] covenants that neither it nor any of its CDBG RED BUS CONTRACT 2021 23 Tarrant Area Food Bank officers, members, agents, employees, or contractors, 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 or because of any disability or perceived disability, except on the basis of a bona fide occupational qualification, retirement plan or statutory requirement. [Contractor’s, Subcontractor’s or Vendor’s name] further covenants that neither it nor its officers, members, agents, employees, contractors, 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. 14.13.3 Agency’s Contractors and the ADA. In accordance with the provisions of the Americans With Disabilities Act of 1990 (“ADA”), Agency warrants that it and any of its contractors 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, or employees of, Agency or any of its contractors. AGENCY WARRANTS IT WILL FULLY COMPLY WITH THE 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, CONTRACTORS SUBCONTRACTORS, VENDORS OR AGENTS AGAINST CITY ARISING OUT OF AGENCY’S AND/OR ITS CONTRACTORS’, SUBCONTRACTORS’, VENDORS’ OR AGENTS’ OR THEIR RESPECTIVE EMPLOYEES’ ALLEGED FAILURE TO COMPLY WITH THE ABOVE-REFERENCED LAWS CONCERNING DISABILITY DISCRIMINATION IN THE PERFORMANCE OF THIS CONTRACT. 14.14. Conflicts of Interest and Violations of Criminal Law. 14.14.1 Agency Safeguards. Agency shall establish safeguards to prohibit its employees, board members, advisors and agents from using positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business or other ties. Agency shall disclose to City any such conflict of interest or potential conflict of interest, immediately upon discovery of such. 14.14.2 General Prohibitions Against Conflicts of Interest. No employees, agents, consultants, officers or elected officials or appointed officials of City or of Agency who exercise or have exercised any functions or responsibilities with respect to activities assisted with CDBG funds or who are in a position to participate in a decision-making process or gain inside information with regard to these activities may utilize CDBG-funded services, may obtain a financial interest or benefit from a CDBG-assisted activity, or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties, during their tenure or for 1 year thereafter. CDBG RED BUS CONTRACT 2021 24 Tarrant Area Food Bank 14.14.3 Conflicts of Interest Involving Procurement. The conflict of interest provisions of 2 CFR Part 200.318 shall apply in the procurement of property and services by Agency. In all cases not governed by this Section, the provisions of 24 CFR Part 570.611 of the CDBG Regulations shall apply. 14.14.3.1 As more particularly described in 2 CFR Part 200.318, Agency shall maintain and submit to City written standards of conduct covering conflicts of interest and governing the performance of its employees engaged in the selection, award, and administration of contracts. No employee, officer, or agent may participate in the selection, award, or administration of a contract supported by a federal award if he or she has a real or apparent conflict of interest. The standards of conduct must provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of Agency. 14.14.3.2 The officers, employees, and agents of Agency shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. 14.14.3.3 Notwithstanding the prohibition contained in Section 14.14.3.2, Agency may set standards of conduct for situations in which the financial interest is not substantial or the gift is an unsolicited item of nominal value. Such standards of conduct must provide for disciplinary actions to be applied for violations of such standards by Agency’s officers, employees or agents. 14.14.3.4 Agency shall maintain written standards of conduct covering organizational conflicts of interest. Organizational conflicts of interest means that because of relationships with a parent company, affiliate, or subsidiary organization, Agency is unable or appears to be unable to be impartial in conducting a procurement action involving a related organization. 14.14.3.5 Agency must maintain records sufficient to detail the history of procurement. These records will include, but are not necessarily limited to the following: rationale for the method of procurement, selection of contract type, contractor selection or rejection, and the basis for the contract price. 14.14.4 Disclosure of Conflicts of Interest. In compliance with 2 CFR Part 200.112, Agency is required to timely disclose to City in writing any potential conflict of interest. CDBG RED BUS CONTRACT 2021 25 Tarrant Area Food Bank 14.14.5 Disclosure of Texas Penal Code Violations. Agency affirms that it will adhere to the provisions of the Texas Penal Code which prohibit bribery and gifts to public servants. 14.14.6 Disclosure of Federal Criminal Law Violations. In compliance with 2 CFR Part 200.113, Agency is required to timely disclose to City all violations of federal criminal law involving fraud, bribery or gratuity violations potentially affecting the Agency. 14.15 Subcontracting with Small and Minority Firms, Women’s Business Enterprises and Labor Surplus Areas. 14.15.1 For procurement contracts $50,000.00 or larger that are paid for, in part or in full, with the CDBG Funds, Agency agrees to abide by City’s policy, as may be amended from time to time, to involve Minority Business Enterprises and Small Business Enterprises and to provide them 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. Agency agrees to incorporate the City’s BDE Ordinance, and all amendments or successor policies or ordinances thereto, into all contracts and subcontracts for procurement larger than $50,000.00 or larger that are paid for, in part or in full, with the CDBG Funds and will further require all persons or entities with which it so contracts to comply with said ordinance. 14.15.2 It is national policy to award a fair share of contracts to disadvantaged business enterprises (“DBEs”), small business enterprises (“SBEs”), minority business enterprises (“MBEs”), and women’s business enterprises (“WBEs”). Accordingly, affirmative steps must be taken to assure that DBEs, SBEs, MBEs, and WBEs are utilized when possible as sources of supplies, equipment, construction and services. 14.15.2.1 In order to comply with federal reporting requirements 24 CFR Part 570.506 (g)(6), Agency must submit the form attached hereto as EXHIBIT “F” – MBE Reporting Form for each contract or subcontract with a value of $10,000.00 or more paid or to be paid with the CDBG FUNDS. Agency shall submit this form by the date specified in EXHIBIT “F” – MBE Reporting Form. 14.16 Other Laws. The failure to list any federal, state or City ordinance, law or regulation that is applicable to Agency does not excuse or relieve Agency from the requirements or responsibilities in regard to following the law, nor from the consequences or penalties for Agency’s failure to follow the law, if applicable. 14.17 Assignment. Agency shall not assign all or any part of its rights, privileges, or duties under this Contract without the prior written approval of City. Any attempted assignment of same without approval shall be void, and shall constitute a breach of this Contract. CDBG RED BUS CONTRACT 2021 26 Tarrant Area Food Bank 14.18. Right to Inspect Agency Contracts. It is agreed that City has the right to inspect and approve in writing any proposed contracts between Agency and any contractor or vendor engaged in any activity in conjunction with this CDBG-funded Program prior to any charges being incurred. 14.19 Force Majeure If Agency becomes unable, either in whole or part, to fulfill its obligations under this Contract due to acts of God, strikes, lockouts, or other industrial disturbances, acts of public enemies, wars, blockades, insurrections, riots, epidemics, pandemics, earthquakes, fires, floods, restraints or prohibitions by any court, board, department, commission or agency of the United States or of any States, civil disturbances, or explosions, or some other reason beyond Agency’s control (collectively, “Force Majeure Event”), the obligations so affected by such Force Majeure Event will be suspended only during the continuance of such event. Agency will give City written notice of the existence, extent and nature of the Force Majeure Event as soon as reaso nably possible after the occurrence of the event. Failure to give notice will result in the continuance of Agency’s obligation regardless of the extent of any existing Force Majeure Event. Agency will use commercially reasonable efforts to remedy its inability to perform as soon as possible. 14.20 IMMIGRATION NATIONALITY ACT. City actively supports the Immigration & Nationality Act (INA) which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Agency s hall verify the identity and employment eligibility of all employees who perform work under this Agreement. Agency shall complete the Employment Eligibility Verification Form (I-9), maintain photocopies of all supporting employment eligibility and identity documentation for all employees, and upon request, provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Agency shall establish appropriate procedures and controls so that no services will be performed by any employee who is not legally eligible to perform such services. Agency shall provide City with a certification letter that it has complied with the verification requirements required by this Agreement. Agency shall indemnify City from any penalties or liabilities due to violations of this provision. City shall have the right to immediately terminate this Agreement for violations of this provision by Agency. 15. INDEMNIFICATION AND RELEASE. AGENCY COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND, AT ITS OWN EXPENSE, CITY AND ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE OR NONPERFORMANCE OF THIS CONTRACT AND/OR THE OPERATIONS, ACTIVITIES AND SERVICES OF THE PROGRAM DESCRIBED CDBG RED BUS CONTRACT 2021 27 Tarrant Area Food Bank HEREIN, WHETHER OR NOT CAUSED IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS OF CITY; AND AGENCY 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 NONPERFORMANCE OF THIS CONTRACT AND/OR THE OPERATIONS, ACTIVITIES AND SERVICES OF THE PROGRAM DESCRIBED HEREIN, WHETHER OR NOT CAUSED IN WHOLE OR IN PART BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS OF CITY. AGENCY LIKEWISE COVENANTS AND AGREES TO AND DOES HEREBY INDEMNIFY AND HOLD HARMLESS CITY FROM AND AGAINST ANY AND ALL INJURY, DAMAGE OR DESTRUCTION OF PROPERTY OF CITY, ARISING OUT OF OR IN CONNECTION WITH ALL ACTS OR OMISSIONS OF AGENCY, ITS OFFICERS, MEMBERS, AGENTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, INVITEES, LICENSEES, OR CLIENTS, OR CAUSED, IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS OF CITY. IT IS THE EXPRESS INTENTION OF THE PARTIES, BOTH AGENCY AND CITY, THAT THE INDEMNITY PROVIDED FOR THIS SECTION INCLUDES INDEMNITY BY AGENCY TO INDEMNIFY AND PROTECT CITY FROM THE CONSEQUENCES OF CITY’S OWN NEGLIGENCE, WHETHER THAT NEGLIGENCE IS ALLEGED TO BE THE SOLE OR CONCURRING CAUSE OF THE INJURY, DAMAGE OR DEATH. AGENCY AGREES TO AND SHALL RELEASE CITY, ITS AGENTS, EMPLOYEES, OFFICERS AND LEGAL REPRESENTATIVES FROM ALL LIABILITY FOR INJURY, DEATH, DAMAGE OR LOSS TO PERSONS OR PROPERTY SUSTAINED IN CONNECTION WITH OR INCIDENTAL TO PERFORMANCE UNDER THIS CONTRACT, EVEN IF THE INJURY, DEATH, DAMAGE OR LOSS IS CAUSED BY CITY’S SOLE OR CONCURRENT NEGLIGENCE. AGENCY SHALL REQUIRE ALL OF ITS CONTRACTORS AND SUBCONTRACTORS TO INCLUDE IN THEIR CONTRACTS AND SUBCONTRACTS A RELEASE AND INDEMNITY IN FAVOR OF CITY IN SUBSTANTIALLY THE SAME FORM AS ABOVE. 16. WAIVER OF IMMUNITY BY AGENCY. If Agency, 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, Agency hereby expressly waives its rights to plead defensively such CDBG RED BUS CONTRACT 2021 28 Tarrant Area Food Bank 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. 17. INSURANCE AND BONDING. Agency will maintain coverage in the form of insurance or bond in the amount of $160,000.00 for each year of the contract to insure against loss from the fraud, theft or dishonesty of any of Agency’s officers, agents, trustees, directors or employees. The proceeds of such insurance or bond shall be used to reimburse City for any and all loss of CDBG Funds occasioned by such misconduct. To effectuate such reimbursement, such fidelity coverage shall include a rider stating that reimbursement for any loss or losses shall name the City as a Loss Payee. Agency shall furnish to City in a timely manner, but not later than the Date of Execution of the Contract, and annually thereafter certificates of insurance as proof that it has secured and paid for policies of commercial insurance as specified herein. If City has not received such certificates by the Date of Execution of the Contract, Agency shall be in default of the Contract and City may, at its option, terminate the Contract. Such insurance shall cover all insurable risks incident to or in connection with the execution, performance, attempted performance or nonperformance of this Contract. Agency shall maintain the following insurance coverage and limits: Commercial General Liability (CGL) Insurance $ 500,000 each occurrence $1,000,000 aggregate limit Non-Profit Organization Liability or Directors & Officers Liability $1,000,000 Each Occurrence $1,000,000 Annual Aggregate Limit Business Automobile Liability Insurance $1,000,000 each accident on a combined single-limit basis, or $ 250,000 Property Damage $ 500,000 Bodily Injury per person per occurrence $2,000,000 Aggregate Insurance policy shall be endorsed to cover “Any Auto”, defined as autos owned, hired, and non-owned. Pending availability of the above coverage and at the discretion of City, the policy shall be the primary responding insurance policy versus a personal auto insurance policy if or when in the course of Agency’s business as contracted herein. Workers’ Compensation Insurance Part A: Statutory Limits Part B: Employer’s Liability CDBG RED BUS CONTRACT 2021 29 Tarrant Area Food Bank $100,000 each accident $100,000 disease-each employee $500,000 disease-policy limit Note: Such insurance shall cover employees performing work on any and all projects including but not limited to construction, demolition, and rehabilitation. Agency or its contractors shall maintain coverages, if applicable. In the event the respective contractors do not maintain coverage, Agency shall maintain the coverage on such contractor, if applicable, for each applicable contract. Additional Requirements Such insurance amounts shall be revised upward at City’s reasonable option and no more frequently than once every 12 months, and Agency shall revise such amounts within 30 days following notice to Contractor of such requirements. Agency will submit to City documentation that it has obtained insurance coverage and has executed bonds as required in this Contract prior to payment of any monies provided hereunder. Where applicable, insurance policies required herein shall be endorsed to include City as an additional insured as its interest may appear. Additional insured parties shall include employees, officers, agents, and volunteers of City. Any failure on part of City to request certificate(s) of insurance shall not be construed as a waiver of such requirement or as a waiver of the insurance requirements themselves. Insurers of Agency’s insurance policies shall be licensed to do business in the state of Texas by the Department of Insurance or be otherwise eligible and authorized to do business in the state of Texas. Insurers shall be acceptable to City insofar as their financial strength and solvency and each such company shall have a current minimum A.M. Best Key Rating Guide rating of A -: VII or other equivalent insurance industry standard rating otherwise approved by City. Deductible limits on insurance policies shall not exceed $5,000 per occurrence unless otherwise approved by City. In the event there are any local, federal or other regulatory insurance or bonding requirements for the Program, and such requirements exceed those specified herein, the former shall prevail. Agency shall require its contractors to maintain applicable insurance coverages, limits, and other requirements as those specified herein; and Agency shall require its contractors to provide Agency with certificate(s) of insurance documenting such coverage. Also, Agency shall req uire its contractors to have City and Agency endorsed as additional insureds (as their interest may appear) on their respective insurance policies. Directors and Officers Liability coverage shall be in force and may be provided on a claims-made basis. This coverage may also be referred to as Management Liability, and shall protect the insured against claims arising out of alleged errors in judgment, breaches of duty and wrongful acts arising out of their organizational duties. Coverage shall protect not only the entity, but all past, present and future directors, officers, trustees, employees, volunteers and committee members. CDBG RED BUS CONTRACT 2021 30 Tarrant Area Food Bank Notwithstanding any provision in this Contract to the contrary, when applicable, Agency shall comply with the requirements of 2 C FR 200.310 and shall, at a minimum, provide the equivalent insurance coverage for real property and equipment acquired or improved with CDBG as provided to property owned by Agency. 18. CERTIFICATION REGARDING LOBBYING. The undersigned representative of Agency 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 Agency, 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 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. If any funds other than federally 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, member of Congress in connection with this federal contract, grant, loan or cooperative agreement, Agency shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this Contract was made or entered into. Submission of this certificate is a prerequisite for making or entering into this Contract imposed by 31 U.S.C. Section 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000.00 and not more than $100,000.00 for each such failure. Agency shall require that the language of this certification be included in all subcontracts or agreements involving the expenditure of federal funds. 19. LITIGATION AND CLAIMS. Agency shall give City immediate notice in writing of any action, including any proceeding before an administrative agency, filed against Agency in conjunction with this Contract or the Program. Agency shall furnish immediately to City copies of all perti nent papers received by Agency with respect to such action or claim. Agency shall provide a notice to City within 10 days upon filing under any bankruptcy or financial insolvency provision of law. 20. NOTICE. All notices required or permitted by this Contract must be in writing and are deemed delivered on the earlier date of the date actually received or the third day following deposit in a United States Postal Service post office or receptacle; with proper postage, certified mail return receipt requested; and addressed to the other Party at the address set out below or at such other address as the receiving Party designates by proper notice to the sending Party. CDBG RED BUS CONTRACT 2021 31 Tarrant Area Food Bank City: City Attorney’s Office Attention: Taylor Paris 200 Texas Street Fort Worth, TX 76102 Telephone: 817-392-7600 Copy to: Neighborhood Services Department 200 Texas Street Fort Worth, TX 76102 Attention: Victor Turner Telephone: 817-392-7540 Copy to: Neighborhood Services Department 200 Texas Street Fort Worth, TX 76102 Attention: Senior Contract Compliance Specialist Telephone: 817-392-7333 Agency: Tarrant Area Food Bank Contact Julie Butner 2600 Cullen Street Fort Worth, TX 76107 21. AGENCY HAS LEGAL AUTHORITY TO ENTER INTO CONTRACT. Agency represents that it possesses the legal authority, pursuant to any proper, appropriate and official motion, resolution or action passed or taken, to enter into this Contract and to perform the responsibilities herein required. 22. COUNTERPARTS. This Contract may be executed in multiple counterparts, each of which shall be considered an original, but all of which shall constitute one instrument which may be sufficiently evidenced by one counterpart. 23. PROGRAM INCOME Parties agree that no program income as defined by HUD shall be earned as a result of this contract. CDBG RED BUS CONTRACT 2021 32 Tarrant Area Food Bank [SIGNATURES APPEAR ON NEXT PAGE] 33 IN WITNESS WHEREOF, the Parties hereto have executed 1 original of this Contract in Fort Worth, Tarrant County, Texas. ATTEST: CITY OF FORT WORTH _________________________________ By: _____________________________________ City Secretary Fernando Costa, Assistant City Manager M&C: 21-0388 1295 Certification No.2021-736333 Date: June 8, 2021 APPROVED AS TO FORM AND LEGALITY: _________________________________ Jo Ann Pate, Senior Assistant City Attorney APPROVED BY: _________________________________________ Victor Turner Director, Neighborhood Services Department CONTRACT COMPLIANCE MANAGER: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements _________________________________________ Barbara Asbury, Compliance and Planning Manager Tarrant Area Food Bank By: _____________________________ CDBG RED BUS CONTRACT 2021 Tarrant Area Food Bank Julie Butner, President and CEO Barbara Asbury (Nov 5, 2021 14:01 CDT) Barbara Asbury Fernando Costa (Nov 10, 2021 16:57 CST) CDBG RED BUS CONTRACT ― COMBINED EXHIBITS Tarrant Area Food Bank TARRANT AREA FOODBANK R.E.D. BUS CONTRACT EXHIBITS: EXHIBIT “A” – Program Summary EXHIBIT “A-1” – Program Service Area Map EXHIBIT “A-2” – 2021 HUD Income Limits EXHIBIT “B” – Budget EXHIBIT “C” – Audit Certification Form EXHIBIT “D” – Reimbursement Forms •Attachment I – Invoice •Attachment II – Expenditure Worksheet •Attachment III – Client Data Report •Attachment IIIa – Monthly Performance Report Form EXHIBIT “E” – Standards for Complete Documentation EXHIBIT “F” – MBE Reporting Form CDBG RED BUS CONTRACT ― COMBINED EXHIBITS Tarrant Area Food Bank EXHIBIT A PROGRAM SUMMARY TARRANT AREA FOOD BANK – RESOURCE AND EDUCATION DELIVERED June 1, 2021 to May 31, 2024 PERIOD $428,640.00 AMOUNT Capitalized terms not defined herein shall have meanings assigned them in the contract. PROGRAM: The Program will provide mobile food bank and SNAP (food stamps) enrollment assistance to low -to- moderate income individuals and families within target low and moderate income neighborhoods in Fort Worth (see Exhibit A-1 target area map). The goal of the program is to reduce the negative impact of food deserts by increasing access to fresh produce and basic food items not readily available in target communities in Fort Worth. The program will also improve sustainability of access to healthy food by ensuring application assistance for state/federal programs. The Program responds to the COVID-19 Pandemic by reducing the need of vulnerable populations to go to grocery stores or other public places where COVID -19 spread is common. Locations in the target area have demonstrated high incidence of obesity and similar risk factors for COVID-19. These services will include application assistance in completing the state application for Special Needs Assistance Program (SNAP), Temporary Assistance for Needy Families (TANF) program, Children's Health Insurance Program (CHIP), Women, Infants, and Children (WIC), and Medicaid for Employed People with Disabilities (MEPD) programs, and provide referrals for other support programs. The program will also provide emergency food boxes, including fresh produce as available, and provide nutrition education in the targeted areas. Staff for the program will ensure that required documentation is complete, including proof of income, state identification, and proof of address, to confirm eligibility. CDBG funds will be used to pay for the three-year operational and support costs associated with the Resources and Education Delivered (RED) Bus’s operations within low- and moderate-income areas in the City of Fort Worth. The RED Bus mobile unit and Program services will be available at a minimum of 9 days per month in the target communities throughout the three-year contract term. Agency shall not change target service areas for the program without prior City approval and contract amendment (which may require revisions to reporting requirements). Costs incurred at any locations that have not been approved by City shall not be reimbursed. REGULATORY CLASSIFICATION: IDIS Matrix Code(s) and Service Category: 5 Public Services National Objective Citation: 24 CFR 570.208(a)(1) Regulatory Citation(s): 24 CFR 570.201(e) PROGRAM GOALS: Minimum Number of Fort Worth Clients to be Served: The Program will enroll a minimum of 1,200 Unduplicated Clients annually from Fort Worth as shown by the Monthly Performance Report, and 3,600 for the 3-year term of the contract, into the applicable public nutritional service CDBG RED BUS CONTRACT ― COMBINED EXHIBITS Tarrant Area Food Bank EXHIBIT "A-1” PROGRAM SERVICE AREA MAPS ¶0 4 8 122 Miles Percent of Low & Moderate Income Individuals High ( 51% - 70% )Very High ( More than 70 % )© Copyright 2017 City of Fort Worth. Unauthorized reproduction is a violation of applicable laws.This product is for informational purposes and may not have been prepared for or suitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground survey and represents only approximate relative location of property boundaries.The City of Fort Worth assumes no responsibility for the accuracy of said data. Percent of Low to Moderate Income by Census Block Group U.S. Census Bureau. 2015-2019 American Community Survey (ACS) 5-Year Estimates Low and Moderate Incomes 76087 76008 76082 76126 76085 76020 76179 76087 76108 76063 7510476036 76051 76052 75052 76135 76140 75050 76092 76262 76131 76028 76119 76244 75019 75051 75261 76106 76248 76137 76034 76123 75063 75060 76107 76177 76116 75061 76117 76112 76017 76001 7523676016 76118 76012 75006 75054 75062 76133 76155 76180 75211 76114 76013 76010 76182 76053 76011 76134 76120 75249 75038 76111 76040 7601876132 76109 76021 76002 76060 76039 76103 75039 76088 76110 76105 76014 76104 76035 76006 76086 76148 76102 76115 75234 7607176023 75116 75137 76015 76054 76164 76127 75022 75007 75220 75212 75229 76022 7502876073 75067 75115 76049 75247 75154 75057 76044 76129 76122 ¶0 4 8 122 Miles Percent of Low & Moderate Income Individuals Very Low ( Less than 16% )Low ( 17% - 32% )Average ( 33% - 50% )High ( 51% - 70% )Very High ( More than 70 % ) © Copyright 2017 City of Fort Worth. Unauthorized reproduction is a violation of applicable laws.This product is for informational purposes and may not have been prepared for or suitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground survey and represents only approximate relative location of property boundaries.The City of Fort Worth assumes no responsibility for the accuracy of said data. Percent of Low to Moderate Income by Census Block Group U.S. Census Bureau. 2015-2019 American Community Survey (ACS) 5-Year Estimates Low and Moderate Incomes Zip Codes CDBG RED BUS CONTRACT ― COMBINED EXHIBITS Tarrant Area Food Bank EXHIBIT "A-2” 2021 HUD INCOME LIMITS 1 person 2 persons 3 persons 4 persons 5 persons 6 persons 7 persons 8 persons 30% AMI $17,000 $19,400 $21,960 $26,500 $31,040 $35,580 $40,120 $44,660 50% AMI $28,300 $32,350 $36,400 $40,400 $43,650 $46,900 $50,100 $53,350 80% AMI $45,300 $51,750 $58,200 $64,650 $69,850 $75,000 $80,200 $85,350 *Income limits are published at least annually by HUD. CDBG RED BUS CONTRACT ― COMBINED EXHIBITS Tarrant Area Food Bank programs and provide food to 2,040 households annually. On average agency will provide 170 households per month with food with the Program and will also obtain applications for TANF, WIC, and similar food programs from 100 households per month. CDBG PSA CONTRACT EXHIBITS 2021 Page 1 Tarrant Area Food Bank Rev. 01/15/2021 Tarrant Area Food Bank EXHIBIT “B” RED Bus Budget PROGRAM BUDGET Cost Line Item Year 1 Year 2 Year 3 Other Funding Sources (Donations, etc.) Total Program Budget Program Personnel Costs Salaries $51,568.00 $51,568.00 $51,568.00 $126,576.00 $281,280.00 FICA 3,944.95 3,944.95 3,944.95 9,683.07 21,517.92 Health / Dental Insurance 8,910.00 8,910.00 8,910.00 21,870.00 48,600.00 Life / Disability Insurance 770.00 770.00 770.00 1,890.00 4,200.00 Unemployment Taxes 396.00 396.00 396.00 972.00 $4,327.00 Workers Compensation Taxes 211.20 211.20 211.20 518.40 1,152.00 Retirement Plan 2,062.72 2,062.72 2,062.72 5,063.04 11,251.20 Supplies and Services Office Program Supplies 300.00 300.00 Printing 300.00 300.00 Computer/Telecomm Equipment / Software 2,160.00 2,160.00 2,160.00 11,520.00 18,000.00 Food Supplies 57,420.00 57,420.00 57,420.00 140,940.00 313,200.00 Mileage Contractual Services/Contract Labor Facility / Operations Expenses Telephone Gas (Vehicle Fuel) 3,300.00 3,300.00 3,300.00 8,100.00 $18,545.00 Cleaning Supplies/Services 550.00 550.00 550.00 1,350.00 3,000.00 Equipment Purchase 206,610.00 206,610.00 Vehicle Maintenance (repairs/service) 4,713.50 4,713.50 4,709.39 11,573.50 25,710.00 Administrative Costs Insurance: Liability, D&O, Fidelity Bond 6,875.00 6,875.00 6,875.00 16,875.00 37,500.00 Interest (Line of Credit) Accounting / Audit TOTAL $142,881.37 $142,881.37 $142,877.26 $564,141.12 $992,781.12 Annual Salary Est. Percent to Grant Amount to Grant 45,760.00$ 55.0%25,168.00$ 48,000.00$ 55.0%26,400.00$ 93,760.00$ 51,568.00$ Percent of Payroll Amount Est. Percent to Grant Amount to Grant FICA 7.65%7,173.00$ 55.0%3,945.15$ Health/Dental Insurance $810/FTE 16,200.00$ 55.0%8,910.00$ Life/Disability Insurance $700/FTE 1,400.00$ 55.0%770.00$ Unemployment Taxes $360/FTE 720.00$ 55.0%396.00$ Workers Compensation $192/FTE 384 55%211.20$ Retirement Plan 4.0%3,750.00$ 55.0%2,062.50$ TOTAL 29,627.00$ 16,294.85$ Total Budget Est. Percent to Grant Amount to Grant 100.00$ 0%-$ 100.00$ 0%-$ 6,000.00$ 36%2,160.00$ 104,400.00$ 55%57,420.00$ 110,600.00$ Total Budget Est. Percent to Grant Amount to Grant FRINGE DETAIL-PROGRAM PERSONNEL SUPPLIES AND SERVICES Computer/Telecomm Equipment/Software Food Supplies Office/Program Supplies The following tables were created for the purpose of preparing, negotiating, and determining the cost reasonableness and cost allocation method used by the Agency for the line item budget represented on the first page of this EXHIBIT “B” – Budget. The information reflected in the tables is to be considered part of the terms and conditions of the Contract. Agency must have prior written approval by the City to make changes to any line item in the Budget as outlined in Section 5.2.2 in the Contract. The deadline to make changes to EXHIBIT “B” – Budget is TOTAL SALARY DETAIL-PROGRAM PERSONNEL Position Title Community Resource Specialist Community Resource Specialist TOTAL Printing MISCELLANEOUS CDBG PSA Contract Exhibits 2021 - EXHIBIT "B" - BUDGET Page 1 -$ #DIV/0!-$ Total Budget Est. Percent to Grant Amount to Grant -$ -$ 6,000.00$ 55.0%3,300.00$ -$ -$ -$ 1,000.00$ 55.0%550.00$ 8,570.00$ 55.0%4,713.50$ Total Budget Est. Percent to Grant Amount to Grant -$ -$ 12,500.00$ 55%6,875.00$ -$ TOTAL 12,500.00$ Total Budget Est. Percent to Grant Amount to Grant -$ 0.0%-$ TOTAL Other(Vehicle Maintenance) Electric Cleaning Supplies TOTAL Vehicle Fuel Water and Wastewater Solid Waste Disposal Rent FACILITY AND UTILITIES Telephone LEGAL, FINANCIAL AND INSURANCE Fidelity Bond or Equivalent TOTAL Directors and Officers General Commercial Liability Other() DIRECT ASSISTANCE CDBG PSA Contract Exhibits 2021 - EXHIBIT "B" - BUDGET Page 2 CDBG PSA CONTRACT EXHIBIT S 2021 Page 2 Tarrant Area Food Bank Rev. 01/15/2021 EXHIBIT C AUDIT CERTIFICATION FORM CDBG PSA CONTRACT EXHIBIT S 2021 Page 3 Tarrant Area Food Bank Rev. 01/15/2021 AUDIT CERTIFICATION FORM AND AUDIT REQUIREMENTS Agency Name: Tarrant Area Food Bank Fiscal Year Ending: September 30, 2021 During the fiscal year in which funds will be received, we will exceed the federal expenditure threshold of $750,000. We will have our Single Audit or Program Specific Audit completed and will submit the audit report described in 2 CFR Part 200 within 7 months after the end of the audited fiscal year or 30 days within its completion, whichever is the earlier date. During the fiscal year in which funds will be received, we will not exceed the $750,000 federal expenditure threshold required for a Single Audit or a Program Specific Audit to be performed this f iscal year. (Fill out schedule below) Federal Expenditure Disclosure MUST be filled out if Single Audit or Program Audit is NOT required. Federal Grantor Pass Through Grantor Program Name & CFDA Number Contract Number Expenditures Total Federal Expenditures for this Fiscal Year: _________________________________ ___________________________ Signatory and Title Date This form must be completed by Agency Executive Director or other Authorized Official. Failure to submit this or a similar statement or failure to submit a completed single audit package as described in the federally required audit requirements described in 2 CFR Part 200, as applicable, by the required due date may result in suspension of funding and may affect eligibility for future funding. Notwithstanding the above, this certification acknowledges the agency’s commitment to meet all other financial reporting, financial statements, and other audit requirements as may be set forth in the Contract. CDBG RED BUS CONTRACT 2021 TARRANT AREA FOOD BANK EXHIBIT D REIMBURSEMENT FORMS Reimbursement Forms will be provided to Subrecipient in electronic Excel Format upon execution of the Contract. These Exhibit pages illustrate the contents of the three required Reimbursement Forms: Attachment I (Invoice), Attachment II (Expenditure Work sheet), and Attachment III (Client Data Report). CDBG RED BUS CONTRACT 2021 TARRANT AREA FOOD BANK ATTACHMENT I: INVOICE Agency: Address: City, State, Zip: Program: Periof of Service: Tax ID No. P.O. No. FID No. Program Amount This Invoice Cumulative to Date CDBG CDBG RED BUS CONTRACT 2021 TARRANT AREA FOOD BANK EXHIBIT D: ATTACHMENT II: EXPENDITURE WORKSHEET Agency: ______________________________________________________________ Program: ________________________________________________________________ Line No. Check No. Date Payee Description/Job Title* Account Code Amount Expense Line Item Account 1 PROGRAM PERSONNEL 2 Salaries 1001 3 FICA 1002 4 Life/Disability Insurance 1003 5 Health/Dental Insurance 1004 6 Unemployment-State 1005 7 Worker’s Compensation 1006 8 Retirement 1007 9 SUPPLIES /cSERVICES 10 Office/Program Supplies 2001 11 Postage 2002 12 Printing 2003 13 Other( ) 2004 15 MISCELLANEOUS 16 Contractual Services 3001 17 Food Supplies 3002 18 Teaching Aids 3003 19 Craft Supplies 3004 20 Field Trip Expenses 3005 21 Mileage 3006 22 Other() 3007 24 FACILITY / UTILITIES 25 Telephone 4001 26 Electric 4002 27 Gas 4003 28 Water and Wastewater 4004 29 Solid Waste Disposal 4005 30 Rent 4006 31 Cleaning Supplies 4007 32 Other( ) 4008 33 LEGAL, FINANCIAL, INS. 34 Fidelity Bond or Equivalent 5001 35 Directors and Officers Ins. 5002 36 General Commercial Liability 5003 37 Other( ) 5004 38 DIRECT ASSISTANCE 39 Rental Assistance 6001 40 Utility Assistance 6002 Total $0.00 Other (…..) 6003 Please group like account codes; Contract Budget line items are the only cost types eligible for reimbursement. Agency: Program: Month: #DIV/0! *Do not revise the client goal unless the contract is amended, accordingly. 2 2A 3 4 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Instructions:This report is meant to list all unduplicated clients served during the Contract term (January 1, 2021 to June 30, 2021). Each month, please report the information of clients not previously reported. You are required to attach eligibility verification documentation for each new clien act as a rolling tally. Please only list clients one time during the first month that they receive service. Clients that continue to receive Program services for multiple months only need to be listed one time. Put an "X" in each appropriate box regarding the client's sex, ethnicity, race, clients that were served by that particular staff person in that program. Information for each client listed below must have the demographic information reflected in columns 1 thru 12. ATTACHMENT III CLIENT DATA REPORT Undup Clts for CURRENT MONTH * Please highlight new clients for the month. CUMULATIVE Unduplicated Clients *Proposed Client Goal Per Contract % of Milestone Met DATE CLIENT RECEIVED SERVICE FORT WORTH RESIDENT? YES OR NO SERVICE LOCATION (IF APPLICABLE) NAME STREET ADDRESS (Client Address) AGE 1 6 7 8 AMERICAN INDIAN OR ALASKAN NATIVE AND WHITEASIAN BLACK OR AFRICAN AMERICAN NATIVE HAWAIIAN OR OTHER PACIFIC ISLANDER WHITE GENDER (Indicate One) ETHNICITY (Indicate One) RACE (Indicate One) OTHER MULTIPLE RACE COMBINAT- IONS*MALE FEMALE HISPANIC NON- HISPANIC AMERICAN INDIAN OR ALASKAN NATIVE ASIAN AND WHITE BLACK OR AFRICAN AMERICAN AND WHITE AMERICAN INDIAN OR ALASKA NATIVE AND BLACK OR AFRICAN AMERICAN 2 2A 3 4 5 DATE CLIENT RECEIVED SERVICE FORT WORTH RESIDENT? YES OR NO SERVICE LOCATION (IF APPLICABLE) NAME STREET ADDRESS (Client Address) AGE 1 6 7 8 AMERICAN INDIAN OR ALASKAN NATIVE AND WHITEASIAN BLACK OR AFRICAN AMERICAN NATIVE HAWAIIAN OR OTHER PACIFIC ISLANDER WHITE GENDER (Indicate One) ETHNICITY (Indicate One) RACE (Indicate One) OTHER MULTIPLE RACE COMBINAT- IONS*MALE FEMALE HISPANIC NON- HISPANIC AMERICAN INDIAN OR ALASKAN NATIVE ASIAN AND WHITE BLACK OR AFRICAN AMERICAN AND WHITE AMERICAN INDIAN OR ALASKA NATIVE AND BLACK OR AFRICAN AMERICAN 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 0 0 0 0 0 0 0 0 0 0 0 0 0 0 10 <30%AMI 30%-50% AMI 51%-80% AMI >80% AMI UNKNOWN (Presumed 1<$17,000 1<$28,300 1<$45,300 1>$45,300 2<$19,400 2<$32,350 2<$51,750 2>$51,750 3<$21,850 3<$36,400 3<$58,200 3>$58,200 4<$24,250 4<$40,400 4<$64,650 4>$64,650 5<$26,200 5<$43,650 5<$69,850 5>$69,850 6<$28,150 6<$46,900 6<$75,000 6>$75,000 7<$30,100 7<$50,100 7<$80,200 7>$80,200 8<$32,050 8<$53,350 8<$85,350 8>$85,350 nt. New unduplicated clients should be listed below any previously reported clients so that this sheet will etc. Please note that reimbursement for salaries will require that the agency report to the City all the 9 11 12 HH INCOME (Only choose 1 of the 5 columns) NO FHOH (Indicate One) DISABLED (Indicate One) HH SIZEYESNO YES 10 <30%AMI 30%-50% AMI 51%-80% AMI >80% AMI UNKNOWN (Presumed 1<$17,000 1<$28,300 1<$45,300 1>$45,300 2<$19,400 2<$32,350 2<$51,750 2>$51,750 3<$21,850 3<$36,400 3<$58,200 3>$58,200 4<$24,250 4<$40,400 4<$64,650 4>$64,650 5<$26,200 5<$43,650 5<$69,850 5>$69,850 6<$28,150 6<$46,900 6<$75,000 6>$75,000 7<$30,100 7<$50,100 7<$80,200 7>$80,200 8<$32,050 8<$53,350 8<$85,350 8>$85,350 9 11 12 HH INCOME (Only choose 1 of the 5 columns) NO FHOH (Indicate One) DISABLED (Indicate One) HH SIZEYESNO YES 0 0 0 0 0 0 0 0 0 Agency: Program: Contract Term June 1, 2020 - May 31, 2024 (Target Enrollment 18,000 annually served) This report is meant to list all service locations for the program during the contract term and numbesr of persons served. Agency will retain detailed records of client applications, client services, and mileage for review by city during monitoring visits. 22A 3 4 5 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 # CLIENTS ENROLLED IN PROGRAMS COMMENTS (Description of Events) # CLIENTS RECEIVING FOOD Exhibit IIIa. Monthly Performance Report Form Tarrant Area Food Bank Resources and Education Delivered Bus Instructions: 1 DATE START TIME END TIME SERVICE LOCATION/ADDRESS (including zip codes) Agency: Program: Contract Term June 1, 2020 - May 31, 2024 (Target Enrollment 18,000 annually served) This report is meant to list all service locations for the program during the contract term and numbesr of persons served. Agency will retain detailed records of client applications, client services, and mileage for review by city during monitoring visits. 22A 3 4 5 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 # CLIENTS ENROLLED IN PROGRAMS COMMENTS (Description of Events) # CLIENTS RECEIVING FOOD Exhibit IIIa. Monthly Performance Report Form Tarrant Area Food Bank Resources and Education Delivered Bus Instructions: 1 DATE START TIME END TIME SERVICE LOCATION/ADDRESS (including zip codes) CDBG RED BUS CONTRACT 2021 TARRANT AREA FOOD BANK EXHIBIT E: STANDARDS FOR COMPLETE COST DOCUMENTATION Documentation Standards for CDBG Funds Contract Expenses Budget Line Items Proof of Payment* Contract/Agreement SAM.gov Search Explanation of how expense is related to Program N o t e s / O t h e r Timesheet Invoice Lease Salaries X X If an employee works on both a City CDBG Funded Program and another program funded through other sources, the City will only reimburse for a reasonably cost-allocated portion of the employee's salary. Prior to the reimbursement of salary expenses, and with the first Reimbursement Request, the Agency will provide the City with a written statement on how each employee's time was allocated (for previously-incurred expenses) and how the time will be allocated for the remaining term of the Contract. If an employee works 100% of their time directly with the City’s CDBG -funded Program, then 100% of the employee's salary may be eligible for reimbursement. Statements must be signed by a person authorized to sign on behalf of the Agency and should be submitted with the October invoice. Reimbursement requests must include a timesheet and work log that reflects the hours worked by the employee(s) working directly on the C DBG- -funded Program. For employees who are paid with multiple funding sources, timesheets must reflect all funding sources. If separa te timesheets are kept for each funding source, all such timesheets must be submitted to City. Timesheets must be signed by employee and supervisor. Agency must show a calculation and documentation of how the employee's salary was calculated and invoiced to City. *If employees are paid by direct deposit rather than check, then the agency must submit both the direct deposit payment company's report (such as an ADT report) and a bank statement or check showing payment to the direct deposit company. FICA/Medicare X X If the City reimburses for an employee’s gross salary, and these benefits represent deductions from the employee’s take-home pay, the employee costs for these benefits expenses should be reflected on the pay advice . If the City pays the employer portion of these benefits , the Agency must provide documentation verifying that the employee is enrolled in the benefit plan, documentation of how the invoiced amount was calculated, and must provide documentation verifying payment. Life Insurance X X Health or Disability Insurance X X Retirement / Pension Plan X X Unemployment Insurance X X Materials, Equipment, Goods and Supplies - City will only reimburse for the approved cost- allocated percentage or amount directly spent in support of the CDBG -funded Program. As applicable, agencies must show calculation on how the CDBG portion of these expenses were cost-allocated consistently their use on the CDBG -Funded program. Office Supplies X X X CDBG RED BUS CONTRACT 2021 TARRANT AREA FOOD BANK Office Equip. Rental X X X X X Postage X X X Printing X X X Supplies X X X This may include cleaning supplies, program supplies such as teaching aids or craft materials, and food supplies Rent, Utilities and Maintenance - City will only pay for a portion of these expenses. The portion of these expenses will be determined by the square footage occupied by CDBG - Funded Program staff and shall be cost-allocated in accordance with the amount of space used for the CDBG -funded Program. Agency Reimbursement Requests must demonstrate calculation of the C DBG portion of these expenses and cost-allocation consistent with the applicable sections of the Contract. Rent X X X X X City may pay for a portion of the rent for the Program facility so long as it is in proportion to the square footage attributable to the CDBG - funded program and the cost was incurred in order to prevent, prepare for, or respond to the Coronavirus Pandemic. Facility Maintenance and Repairs X X X X This item requires approval by the City prior to the execution of the Contract to confirm direct relationship to the Coronavirus Pandemic . Miscellaneous Contracted Labor or Services X X X X X This item requires prior approval by the City. Prior to the execution of the Contract, the Agency must provide a written statement that lists the contractual labor or services to be used during the Contract term , including services such as security services, legal, accounting, transportation providers, educational facilitators, custodial services, etc. Agencies may not use the contract services of any City of Fort Worth Department. Childcare or Youth Services Scholarships X X City requires that the agency submit its fee schedule or formula on how the Agency calculates the chil dcare scholarship amount. The fee schedule/formula should demonstrate a breakout of income levels , as applicable, and for each income level the schedule should demonstrate which portion of the expense is to be paid by the family and which portion of the expense is to be reimbursed by the City. A fee schedule/formula must be submitted to the City prior to or accompanying the first payment request. If the fee schedule/formula changes at any time during the contract term, the Agency must immediately notify City on the date the new fee schedule/formula takes into effect and provide the updated schedule. Proof of payment documentation means: • Image of the check AND bank statement showing the check cleared the bank; OR, • Image of the cancelled check (ex. At end of bank statement); OR, • Payroll Check Stub, "Advice", or Statement AND Bank Statement indicating payroll; OR, • For wire or e-transfers: Receipt or statement from payee/vendor OR bank statement. CDBG RED BUS CONTRACT 2021 TARRANT AREA FOOD BANK EXHIBIT “F” MBE REPORTING FORM PH IH CPD Housing Grant/Project Number or HUD Case Number or other identification of property, subdivision, dwelling unit, etc. 7a. Amount of Contract or Subcontact 7b. Type of Trade Code (See below) 7c. Contractor or Subcontractor Business Racial/Ethnic (See below) 7d. Woman Owned Business (Yes or No) 7e. Prime Contractor Identification (ID) Number 7f. Sec. 3 7g. Subcontractor Identification (ID) Number 7h Sec. 3 7i. State Zip CPD: 1 = New Construction 6 = Professional 2 = Education/Training 7 = Tenant Services 3 = Other 8 = Education/Training 0 = Other5 = Project Mangt. 4 = Service 6 = Hasidic Jews Privacy Act Notice = The United States Department of Housing and Urban Development, Federal Housing Administration, is authorized to solicit the Information requested in this form by virtue of Title 12, United States Code, Section 1701 et seq., and regulation. It will not be disclosed or relesed outside the United States Department of Housing and Urban Development without your consetn, except as required or permitted by Law. Previous editions are obsolete.form HUD-2516 (8/98) Contract and Subcontract Activity Contractor/Subcontractor Name and Address 7j. Name Street City U.S. Department of Housing and Urban Development Check if: OMB Approval No.: 2577-0088 OMB Approval No.: 2502-0355 Executive Orders dated July 14, 1983, directs the Minority Business Development Plans shall be developed by each Federal Agency and the these annual plans shall establish minority business development objectives. The information is used by HUD to monitor and evaluate MBE activities against the total program activity and the designated minority business enterprise (MBE) goals. The Department requires the information to provide guidance and oversight for programs for the development of minority business enterprise concerning Minority Business Development. If the information is not collected HUD would not be able to establish meaningful MBE goals nor evaluate MBE performance against these goals. Public reporting burden for this collection of information is estimated to average .5 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. The Information is voluntary. HUD may not collect this information, and you are not required to complete this form, unless it displays a currently valid OMB Control Number. Oct. 1 - Sept. 30 (Annual -FY) 2 = Substantial Rehab. 3 = Repair 3 = Native Americans 4 = Hispanic Americans 9 = Arch./Engrg. Appraisal 5 = Asian/Pacific Americans 8 = Section 8114 = Insured (Management) 3 = Section 8 Noninsured, Non-HFDA 7 = Public/India Housing 7d: Racial/Ethnic Codes: 1 = White Americans 5: Program Codes (Complete for Housing and Public and Indian Housing programs only): 2= Flexible Subsidy 1 = All Insured, including Section8 5 = Section 202 6 = HUD-Held (Management) Housing/Public Housing: 7c: Type of Trade Codes: 2 = Black Americans1 = New Construction 1. Grantee/Project Owner/Developer/Sponsor/Builder/Agency 3a. Name of Contact Person 3b. Phone Number (Including Area Code)4. Reporting Period 5. Program Code (Not applicable for CPD programs.) See explanation of Codes at bottom of Page Use a separate sheet for each program code. 6. Date Submitted to Field Office 2. Location (City, State Zip Code) City of Fort Worth, Texas Mayor and Council Communication DATE: 06/08/21 M&C FILE NUMBER: M&C 21-0388 LOG NAME: 19NS TARRANT AREA FOOD BANK RED BUS PROGRAM SUBJECT (CD 9) Authorize Change in Use and Expenditure of $428,640.00 of Prior Year's Unprogrammed Community Development Block Grant Funds for the Tarrant Area Food Bank Resources and Education Delivered Bus Program, Authorize the Execution of a Contract for Up to Three Years, Authorize a Substantial Amendment to the City's 2019-2020 Action Plan, and Authorize the Substitution of Funding Years RECOMMENDATION: It is recommended that the City Council: 1. Authorize a change in use and expenditures of $428,640.00 of prior year's unprogrammed Community Development Block Grant to the Tarrant Area Food Bank Resources and Education Delivered Bus Program; 2. Authorize the City Manager, or his designee, to execute a contract with Tarrant Area Food Bank in an amount up to $428,640.00 for the Resources and Education Delivered Bus Program with a term of up to three years; 3. Authorize a substantial amendment to the City's 2019-2020 Action Plan; and 4. Authorize the City Manager, or his designee, to substitute funding years in order to meet United States Department of Housing and Urban Development commitment, disbursement and expenditure deadlines. DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to reallocate available unprogrammed Community Development Block Grant funds to provide additional funding for a targeted food assistance program. The COVID-19 pandemic and ensuing economic crisis has disproportionately affected communities of color and the poor, worsening already poor health outcomes. Feeding America, the national association of food banks, has indicated that the percent of Tarrant County residents who are food insecure has risen from 13.9% to 17.5% during the pandemic. Tarrant Area Food Bank (TAFB) is renewing its focus on underserved communities within the City of Fort Worth and is working on strategies to make a long-term impact in these neighborhoods. In a concerted effort to address food insecurity and the number of identified food deserts within Tarrant County and Fort Worth, in particular, TAFB has proposed a partnership with the City of Fort Worth to serve the most impacted communities, including neighborhoods in the following zip codes: 76104, 76105, 76106, 76107, 76116, and 76119. The services of TAFB are a critical first step in positioning families for success. Access to healthy, nutritious food is a basic need that must be paramount in the quest to alleviate poverty and transform the lives of Fort Worth's most vulnerable residents. The Resources and Education Delivered (RED) Bus Program will play a critical role in TAFB's efforts to remediate these effects. The RED Bus Program will take the food bank's service directly to those most in need. At the heart of the program is a mobile service delivery unit - a specialty built vehicle, which provides space for the display of grocery items and office space for staff. Utilizing this vehicle, TAFB will provide (1) emergency food distribution; (2) nutrition education; and (3) assistnace for enrollment of eligible families into federal benefits programs such as SNAP, TANF, CHIP and Medicaid. TAFB will be able to customize the unit to allow for half of it to be designed as a grocery store, providing clients with a selection of fresh foods to select and take home. The remainder of the vehicle will be equipped with computer space for TAFB's staff to assist clients with applying for benefits. As a one-stop shop, the unit will be able to travel throughout the community and help to eliminate barriers to food access. No fees will be assessed to the individuals and families benefitting from the RED Bus Program for any services or benefits. An estimated number of 500 persons per month (6000 persons annually) will be served through the program at an estimated cost of $33.00 per person. The funds will be used for the mobile service delivery staff costs for up to three years. Provision of these funds to TAFB constitutes a proposed change in use of unprogrammed 2019-2020 Community Development Block Grant funds received from the United States Department of Housing and Urban Development (HUD). These funds will be used to prevent, prepare for, and respond to the benefit programs. This will aid the preservation of health for vulnerable populations by improving access to healthy food while increasing social distancing and reducing potential exposure to the virus for the elderly and disabled by reducing need to go to the grocery store or public benefits facilities. A public comment period on this proposed substantial amendment to the 2019-20 Action Plan was held from April 19, 2021 to April 23, 2021. All comments received are maintained by the Neighborhood Services Department. Funds will be allocated as follows: General Operating Expenses - $428,640.00 Tarrant Area Food Bank is located at 2600 Cullen Street in COUNCIL DISTRICT 9. The program will be available in low-to-moderate income areas in Council Districts 2, 3, 5, and 8, serving zip codes 76104, 76105, 76106, 76107, 76116, and 76119. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations, funds will be available in the current operating budget, as appropriated, of the Grants Operating Federal Fund. The Neighborhood Services Department (and Financial Management Services) will be responsible for the collection and deposit of funds due to the City. Prior to expenditures being incurred, the Neighborhood Services has the responsibility to validate the availablitlity of funds. This is a reimbursement grant. . Submitted for City Manager's Office by: Fernando Costa 6122 Originating Business Unit Head:Victor Turner 8187 Additional Information Contact:Sharon Burkley 5785 Sean Stanton 5811